Terms & Conditions

Overview

This website is operated by Gear Up Gifts Limited.  Throughout the site, the terms “we”, “us” and “our” refer to Gear Up Gifts Limited.  Gear Up Gifts Limited offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and purchasing something from us, you engage in our service and agree to be bound by the following terms and conditions including those additional terms and conditions and policies referenced herein and/or available by hyperlink.  These terms and conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.

Please read these terms and conditions carefully before accessing or using our website.  By accessing or using any part of the site, you agree to be bound by these terms and conditions.  If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.  If these terms and conditions are considered an offer then acceptance is expressly limited to these terms and conditions.

Any new features or tools which are added to the current store shall also be subject to these terms and conditions.  You can review the most current version of the terms and conditions at any time on this page.  We reserve the right to update, change or replace any part of these terms and condition by posting updates and/or changes to our website.  It is your responsibility to check this page periodically for changes.  Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Terms

By agreeing to these terms and conditions, you represent that you are at least 18 years of age and you have given us your consent to allow any of your minor dependants to use this site.

You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the service, violate any laws in your jurisdiction including but not limited to copyright laws.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of these terms will result in an immediate termination of your service.

Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content, not including credit card information, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements or connecting networks or devices.  Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service or access to the service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms and conditions.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current.  The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.  Any reliance on the material on this site is at your own risk.

This site may contain certain historical information.  Historical information, necessarily is not current and is provided for your refence only.  We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.  You agree that it is your responsibility to monitor changes on our site.

Modifications to the Service and Prices

Prices of our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.

Products or Services (if applicable)

Certain products or services may be available exclusively online through the website.  These products or services may have limited quantities and are subject to return or exchange only according to our returns policy.

We have made every effort to display as accurately as possible the colour and images of our products that appear in the store.  We cannot guarantee that your computer monitor, I-Pad or mobile device’s display of any colour will be accurate.

We reserve the right but are not obliged to limit the sales of our products or services to any person, geographic region or jurisdiction.  We may exercise this right on a case by case basis.  We reserve the right to limit the quantities of any products or services that we offer.  All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.  We reserve the right to discontinue any product at any time.  Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

Accuracy of Account and Billing Information

We reserve the right to refuse any order you place with us.  We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.  These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.  In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.  We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.  You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

For more details, please see our returns policy.

Optional Tools

We may provide you with access to third party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.  We shall have no liability whatsoever arising from or relating to your use of optional third party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources).  Such new features and/or services shall also be subject to these terms and conditions.

Third Party Links

Certain content, products and services available via our service may include materials from third parties.

Third party links on this site may direct you to third party websites that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites.  Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction.

Complaints, claims, concerns or questions regarding third party products or services should be directed to the third party.

User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.  We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms and conditions.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right.  You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website.  You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.  You are solely responsible for any comments you make and their accuracy.  We take no responsibility and assume no liability for any comments posted by you or any third party.

Personal Information

Your submission of personal information through the store is governed by our privacy policy.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Prohibited Uses

In addition to other prohibitions as set forth in these terms and conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the internet.  We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree we may remove the service indefinitely or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use the service is at your sole risk.  The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Gear Up Gifts Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Indemnification

You agree to indemnify, defend and hold harmless Gear Up Gifts Limited and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, sub-contractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable legal fees made by any third party due to or arising out of your breach of these terms and conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Severability

In the event that any provision of these terms and conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms and conditions.  Such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These terms and conditions are effective unless and until terminated by either you or us.  You may terminate these terms and conditions at any time by notifying us that you no longer wish to use our service or when you cease using our service.

If, in our sole judgement you fail, or we suspect that you have failed to comply with any term or provision of these terms and conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

These terms and conditions and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals whether oral or written, between you and us (including, but not limited to, any prior versions of the terms and conditions).

Any ambiguities in the interpretation of these terms and conditions shall not be construed against the drafting party.

Governing Law

These terms and conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with UK law.

Changes to the Terms and Conditions

You can review the most current version of the terms and conditions at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these terms and conditions by posting updates and changes to our website.  It is your responsibility to check our website periodically for changes.  Your continued use of or access to our website or the service following the posting of any changes to these terms and conditions constitutes acceptance of those changes.

Contact Us

Questions about these terms and conditions should be sent to us at enquiries@gearupgifts.co.uk    

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