Here at UnderWraps we understand the legal bits are important, especially since there are lots of different parties involved in getting gifts chosen and delivered – so please have a read of these terms and conditions before using our platform. Any titles or emphasised text are included for your convenience but do not form part of the terms that follow. Here goes the legal bit… hold on to your hats and read on…
The mission of UnderWraps (“UnderWraps”, “we” or “us”) is to help our users to remember all the important gift occasions in their life and to find and source great gifts for those gift occasions from talented suppliers. To achieve our mission, we make services available through our website and other associated applications to help our users to deal with these very important as well as providing a platform for selected companies to supply services and products.
- INTRODUCTION TO THESE TERMS
1.1 These terms (together with the documents referred to in them) set out the terms of the agreement (the “Agreement”) which applies when you may make use of the UnderWraps website at www.UnderWraps.co (“our Site”), whether you are a visitor or have registered to use our Site. If you have registered to use our Site you will be a registered member of the UnderWraps platform (a “Member”). If you have agreed to be a supplier of a product on our site you will be a supply partner (a “Supplier”) and may be bound by additional terms agreed when you registered to be a supplier.
1.3 By accessing and using our Site, you indicate that you agree to these terms and to abide by the Agreement between you and us of which they form part. If you do not agree to this, please do not use our Site.
1.4 Currently our Site is intended primarily for speakers of the English language as we are based in the United Kingdom, so these terms (and the documents referred to in them) are available in the English language only. All correspondence will be in English.
1.5 To be eligible to be a Member and use the services and products made available through our Site, you must be over 18 years of age.
- YOUR RIGHT TO USE THE UNDERWRAPS SITE
2.1 If you comply with all your obligations as set out in these terms and the Agreement between us, you will have the right to use our Site and access the services and products made available through it using a generally available web browser, mobile device or application. Any use of our Site other than for in accordance with the UnderWraps Purpose stated above is strictly prohibited and a breach of the Agreement between you and us.
2.2 We reserve all rights not expressly granted in these terms, including, without limitation, the ownership of, all intellectual property and all other rights and interest in, the UnderWraps name, [the domain name www.UnderWraps.co], our Site and all related information and materials, including any and all copies made of our Site. For the avoidance of doubt, Intellectual Property relating to products from partner suppliers remains the property of those suppliers.
2.3 While we will make every effort to ensure that our Site is available to you, you need to be aware that it may be unavailable at times and you may not have uninterrupted use of our Site. In addition, we reserve the right to withdraw, suspend or amend your access to all or any part of our Site or cease its operation temporarily or permanently at any time without notice.
2.4 From time to time, we may restrict access and use of some parts of our Site. We will not be liable to you if our Site (or any part of it) is unavailable or inaccessible at any time. You acknowledge that we are under no obligation to compensate you if this happens or if our Site fails to operate in a particular way and you suffer any loss or damage as a result of this.
2.5 You are responsible for making all arrangements necessary for you to access our Site. We cannot guarantee that our Site will be compatible with any or all hardware or software that you may use to visit our Site.
- REGISTRATION TO USE OUR SITE
3.1 To use our Site you will need to register. Once you have registered as a Member you will be able to set up and amend your personal account (“Your Account”).
3.2 As part of the registration process, you will be asked to enter your full name, your email that will be used as your login name and for system communication with you, and password (“your Sign-in Details”). You are responsible for keeping your Sign-in Details secure and confidential and not disclosing them to any third party or allowing any third party to use Your Account. This is important because we will treat all activities using your Sign-in Details as your activities and you will be regarded by us as responsible for them. This is the case even if you did not agree to, or have any knowledge of, the relevant activity.
3.3 You agree to notify us as soon as reasonably practicable if you suspect or become aware of any unauthorised use of Your Account or your Sign-in Details.
3.4 We have the right to disable your Sign-in Details and suspend use of Your Account on our Site at any time, if in our opinion, you have not complied with any of the provisions of the Agreement between us.
- USE OF OUR SITE
4.1 You may only use our Site for lawful purposes and must at all times comply with all applicable laws and regulations.
4.2 Except as otherwise provided in the terms of the Agreement between you and us, your Content such as Important Person profiles and dates will continue to be owned by you). You are solely responsible for your Content. If you post any Content on or via the Site you do this entirely at your own risk. In posting your Content on our Site you confirm that it is accurate, complete and not misleading.
4.3 Except as otherwise provided in the Agreement between you and us, we (or third parties who have given us consent to use their rights) are the owners of all intellectual property rights in and to our Site and the content published by us on it (“our Content”) and our Content is protected by intellectual property right laws.
4.4 Our Content might also include other information such as gift suggestions (via email, telephone or via the Site). These are provided for general information purposes only, since we will not know your particular circumstances in full. For the avoidance of doubt this means you are entirely responsible for the purchase decision for products on our Site.
5 GIFT PURCHASES
5.2 Purchases you make on the Site must be paid through our Site’s payment facility and payment methods are outlined on the payment page. Your order will only be processed once payment details are provided and successfully processed. We reserve the right to refuse to process any transaction for any reason at our sole discretion.
5.3 When you place an order, you authorise our technical partner Stripe Payments Europe, Ltd. to take payment for the purchase price and are deemed to transact subject to these terms and conditions. An order is deemed to be accepted when you receive an email confirmation that the order has been dispatched.
5.4 If any credit or debit card offered for payment is declined by the card provider, we will make every effort to contact you for an alternative form of payment. If, for whatever reason, we are unable to contact you and an alternative form of payment is not provided, the order will be cancelled.
5.5 You will be charged the current price for buying goods from our website on the date you place your order. Where applicable all prices are subject to VAT at the current rate. We do our best to make sure that prices are correctly shown but very occasionally an error may occur due to systems failure. If this should happen or the VAT rate changes, we will correct the price and ask you to confirm whether or not you wish us to complete your order.
5.6 Some products on our Site may have personalisation options. It is your responsibility to enter the details for personalisation correctly. No changes can be made to the personalisation of the item once it has entered the production process.
5.7 Some products on our Site are flower bouquets:
5.7.1 When you select a flower bouquet via UnderWraps you select a price range and bouquet range and our florists craft something to this retail price range. We reserve the right to change all or some of the contents or packaging to provide an item of equal or greater value without notice. All products are subject to availability. No warranty is given as to accuracy and no responsibility will be accepted for error or mis-description and any resulting loss.
5.7.2 Products may be delivered in bud to ensure longer life. Bouquet contents may be harmful if eaten or cause skin irritation – please contact us if you require further information before submitting an order. Our roses are shipped with guard petals intact to protect the flower during transit. Upon receipt please remove any brown, dark or discoloured outer guard petals.
5.7.3 Please be aware most lilies are considered toxic to cats and caution should be taken. Certainly the following varieties are known to be poisonous: The Easter Lily (Lilium Longiflorum), Tiger Lily (Lilium Tigrinum), Rubrum Lily (Lilium Speciosum) and the Japanese Show Lily (Lilium Lancifolium).
6.1 Delivery charges are applicable and are listed at checkout. Whilst every effort will be made to deliver on time we use third-party delivery services and do not guarantee delivery times. Any delivery timings specified are a best estimate and cannot be guaranteed.
6.2 We are unable to accept responsibility for non-delivery due to incorrect details given to us. Changes to your delivery address must be notified to us within our order deadlines. We are not obliged to accommodate late changes to your delivery address.
6.3 You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. In the event that your delivery is stolen from your doorstep or other place specified to us by you or damaged while there we do not accept liability.
6.4 If we are unable to deliver to the address that you have given to us for any reason, we will attempt to contact you to make other arrangements. We will normally contact you using the telephone number that you have registered on your account and it is your responsibility to ensure that you are available on this number.
6.5 If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss this causes.
6.6 We will not charge you for products that we have not delivered in accordance with these terms and conditions. Otherwise our liability in respect of incorrect delivery is limited to the price of your product.
7 REFUNDS AND CANCELLATIONS
7.1 There is a legal right in the UK that you can cancel your order within 14 days of receiving the goods. This does not apply to certain items and this includes;
7.1.1 those that are made, personalised or customised to you;
7.1.2 Those that are perishable goods. For the avoidance of doubt, flowers are perishable goods.
7.1.3 We are unable to accept returns on earrings for hygiene reasons.
For products where this non-return policy applies we will make every effort to make this clear on the Product listing page. To avoid disappointment, please check whether an item is cancellable or non-cancellable before ordering.
7.2 If the goods are eligible for a return and refund, they must be returned to us within 14 days of your notification of cancellation. We will process eligible refunds directly to your payment card, in no more than 14 days after the day the product is received by us. The amount refunded will be the price of the product plus the equivalent standard delivery charge; we are not obliged to refund the full delivery amount where premium delivery charges were selected at checkout.
7.3 The items must be returned by you in their original undamaged packaging and labels, together with any accessories, booklets or free gifts. We recommend that proof of postage be obtained as we are not liable for items lost in transit.
7.4 If the goods have been handled unnecessarily, other than to establish their nature, character and function, you will be liable for any diminished value, which will be deducted from the reimbursement. Lingerie, swimming costumes and bikini bottoms should be tried on over underwear, without removing the protective adhesive strip. We reserve the right not to accept your returned item if the protective strip has been removed, or if it is not in its original packaging.
7.5 We have the right to decline or cancel any orders placed where prices or information appear to be incorrect, due to typographical error or otherwise, whether or not the order has been confirmed. If we do cancel your order we will notify you by email and refund the sum paid by you to your credit or debit card. We will not be obliged to offer any compensation for loss or disappointment suffered by you.
7.6 In regard to flower bouquets:
7.6.1 It is possible to cancel a flower bouquet prior to dispatch, but any such cancellations must be received 72 hours before the requested delivery date. Orders placed or cancelled on Saturdays, Sundays or Bank Holidays will be treated as having been received by us on the following working day.
7.6.2 Flowers can only be returned if found to be faulty. Your statutory rights are not affected. If there is a complaint about a flower product after delivery then due to the perishable nature you are requested to make any complaint within 1 working day of the delivery date of your products.
7.6.3 Your flowers arrive with a seven day freshness from the date of delivery. If any flowers arrive damaged, die or wilt within seven days of delivery please contact us at messenger@UnderWraps.co and we will endeavour to arrange a replacement.
- DISCLAIMERS AND LIMITATION OF LIABILITY
8.1 In any event you acknowledge that your use of our Site and any services or products obtained through it is at your own risk. You are solely responsible for any decisions you take based on Content or information accessed through your use of the Site.
8.2 While we will try to ensure that Our Content is regularly updated and correct, we make no representations and give no assurances of any kind (express or implied) that the information, content, materials, products or services made available through the Site remains accurate, complete, up to date or suitable for any particular purpose. You should be aware that Content on our Site may be out of date and we make no commitment to update or remove it.
8.3 In addition, we take no responsibility for and accept no liability arising from or in connection with any the content of any external websites and resources you access via our Site whether via links from Our Content, content provided by Members or otherwise nor can we accept responsibility for any contractual arrangements between you and a third party arising from use of our Site.
8.4 Suppliers who provide product data and agree to their products available for sale through our Site shall be bound by our terms and conditions in addition to their own. Any representations and/or warranties regarding their products shall be solely binding upon them.
8.5 To the fullest extent permissible under applicable laws, we exclude liability for damages of any kind arising from the use of the website including, without limitation, direct, indirect or punitive damages, loss of profits, loss of business loss of data and any consequential loss, claims or remedies in tort, whether or not arising from its negligence.
8.6 This Agreement shall not exclude liability for death or personal injury resulting from our negligence, or any liability that cannot be limited or excluded by law.
- FORCE MAJEURE
9.1 Neither we nor the Suppliers nor third-parties will be obliged to fulfil the responsibilities detailed in the terms and conditions in circumstances beyond reasonable control. These include but are not limited to earthquakes, floods, fire, plague or other natural disasters, terrorism, riots, civil disturbances, war, strikes, nuclear or chemical contamination, failure of public infrastructure, national emergency, inclement weather or acts of God. Duties and obligation will be postponed for the period of the Force Majeure.
- DISPUTES AND COMPLAINTS
10.1 If you have any dispute or complaint about our Site you can contact us via the Contact Us facility and we will seek to resolve the matter in a timely manner.
10.2 If we are unable to resolve a dispute between you and us relating to our Site and the Services provided through it, both parties will try to resolve the dispute in a cost effective manner using an established alternative dispute resolution procedure before pursuing other remedies, where practical to do so, given the nature of the dispute.
10.3 You release our directors, officers, employees and representatives) from any and all claims, demands, damages, including consequential loss of every kind and nature arising out of or in any way connected with disputes.
11.1 You may terminate Your Account at any time by using the Contact Us facility and this will be effective when we process this notice from you.
11.2 We reserve the right to suspend or terminate your account if you are in breach of the terms and conditions without notice.
11.3 On termination we will disable your access to Your Account and you will lose access to our Site and any services made available through it.
12.1 You are responsible for compliance with local laws, bearing in mind that the access to our Site may not be legal for or by all persons in all countries.
12.2 In using our Site or sending emails you are communicating with us electronically. We will communicate with you by e-mail. For contractual purposes, you consent to receive communications from us electronically and you agree that all communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless we are required by any applicable law to communicate with you in another form.
12.3 If you wish to contact us concerning these terms and conditions you should use do so using the Contact Us facility or email us at hello@UnderWraps.co
12.4 These terms and the Agreement between you and us of which they form part constitute the entire agreement between you and us concerning our Site and your use of the services available through our Site. You may also be subject to additional terms and conditions that apply if you are a Supplier or purchase other products or services from us or from any third party via this site.
12.5 We may modify, supplement or replace these terms by posting them on our Site without prior notice, or by notifying you by some other means.
12.6 If any provision of these terms and the Agreement of which they form party are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the other provisions which shall remain in full force and effect.
12.7 If you breach these terms or the Agreement between you and us, the fact that we take no action or delay in taking any action, will not affect our rights and remedies in any other situation where you are in breach.
12.8 These terms and the Agreement between you and us do not confer any rights on any person other than you pursuant to the Contracts (Rights of Third Parties) Act 1999.
12.9 Nothing in these terms or Agreement between you and us in intended to create a partnership between the parties or authorise either party to act as agent or as having authority to act in the name of or on behalf of the other party.
12.10 You will not assign, transfer or delegate your rights or obligations under these terms or the Agreement of which they form part to any other person with our prior written consent. We may assign, transfer or delegate our rights and obligations to any other person including any company in our group, in our sole discretion.
- GOVERNING LAW AND JURISDICTION
13.1 This agreement shall be governed by and construed in accordance with the laws of England and Wales. Any matters arising in connection to this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.