Terms and conditions
QT Gifts, ("QT Gifts," "we," "us", "our") provides www.qtgifts.co.uk (collectively, with the Information (as defined below), the "Site") and Services (as defined below), subject to your agreement to abide by the terms and conditions set forth in this agreement ("Agreement"). This Agreement governs the relationship between QT Gifts and you, our Site visitor ("you" or "your"), with respect to your use of the Site and your purchase of any products from the Site. It is important that you carefully read and understand the terms and conditions of this Agreement. By visiting or using the Site, including without limitation to (i) accessing, using, and/or downloading Information, (ii) sending messages, information, data, text, software or images, or other Information to the Site, or (iii) otherwise using, accessing or purchasing any Services, you agree on your own behalf, and on behalf of any person or entity on whose behalf you may act, to accept and abide by this Agreement. If you do not agree to these terms and conditions, please do not use the Site or any of the Services or Information.
We reserve the right at any time to:
- Change the terms and conditions of this Agreement;
- Change the Site, including eliminating or discontinuing any Information or products or other feature of the Site;
- Change any prices, fees and charges associated with the Site, Information or products; or
deny or terminate your use of and/or access to the Site.
Any changes we make will be effective immediately upon our making such change(s) available on the Site or otherwise providing notice thereof. You agree that by entering, re-entering, or continuing to use the Site thereafter you accept such change(s). Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
1. Products, Services and Information Provided in Connection with the Site
1.1 Please note that any products and services made available on, by or through the Site (collectively, the "Services"), as well as any information provided on, by or through the Site or as part of or in connection with the Services or otherwise, including but not limited to data, text, software, images, audio and video clips, links and references (collectively, the "Information"), are provided for personal, non-commercial purposes only. You acknowledge and agree that the Information and Services are owned by QT Gifts, its business partners, suppliers and/or licensors, as applicable, and are protected by intellectual property laws. You must retain all trademark, copyright and other proprietary notices on downloaded or printed Information, and any such downloads or copies are subject to the terms and conditions of this Agreement and shall remain the property of QT Gifts and/or its licensors and/or suppliers. You should be aware that the Information and Services may be outdated and may contain errors, omissions, and inaccuracies (including errors, omissions and inaccuracies that result from inaccurate, outdated and/or incomplete information provided by you).
2. Limited Permitted Use of Information and Services
2.1 The downloading, printing and other use of the Information, and the provision of Services to you, is conditioned on your acceptance of any license agreement and/or other additional terms and conditions that are presented or provided in connection with any such Information or Services, including agreements of third parties. By acquiring or using such Information or Services, you agree to such terms and conditions. You may print or download a reasonable number of copies of any graphic or textual Information owned by QT Gifts available for downloading on the Site. You may not download, copy or use any of the Information except as expressly authorized by this Agreement and, in any event, you may not distribute, modify, transmit or publicly display the Information without the written consent of QT Gifts or, if so indicated in writing by QT Gifts, its licensors or suppliers. You understand and agree that you may not authorize, encourage or allow any Information used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any other party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of them. You agree to advise QT Gifts promptly of any such unauthorized use(s).
- QT Gift characters are registered trademarks of QT Gifts. ("QT Gifts "), and the images are copyrighted by QT Gifts.
- User may not modify the images, text, software, or any other aspect of the Downloads in any way.
- User may not delete, and must keep intact, all trademark and copyright notices associated with the Downloads.
- The Downloads are for use solely by the intended immediate user and may not be sold, re-sold, leased, licensed, sub-licensed, or otherwise transferred to any third party, either in their present form or in any modified form.
3. Third Party Links
4. Code of Conduct
You agree not to:
4.1. restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
4.2. express or imply that any statements you make are endorsed by us, without our prior written consent;
4.3. transmit (a) any content or information that is unlawful, fraudulent, deceptive, threatening, abusive, vulgar, derogatory, sexist, racist, hateful, harassing, libelous, defamatory, obscene, indecent, pornographic, sexually explicit, blasphemous, harmful, invasive of the privacy rights of others, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
4.4. engage in spamming or flooding;
4.5. upload any Submission that contains any virus, worm or other files, scripts or programs designed to damage or allow unauthorized access to the Service or Site;
4.6. use the Site, Information or Services in any manner that is unlawful, including accessing the Site, Services and/or Information from any location where such access may be illegal or otherwise prohibited;
4.7. modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Information;
4.8. remove any copyright, trademark or other proprietary rights notices contained in or on the Information, Site or Services;
4.9. "frame" or "mirror" any part of the Site without our prior written authorization;
4.10. link to any page or content on any web site other than the Site;
4.11. use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
4.12. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission; and/or
4.13. harvest or collect information about Site visitors or members without their express consent.
When using the Site, Information or Services, you agree to comply with all applicable laws, rules and regulations.
5.1. If you wish to purchase products or services described on the Site, you will be asked by us or the third party provider of the product or service to supply certain information applicable to your purchase, including, without limitation, credit card and other information. You agree that all information that you provide to us or such third party provider will be true, accurate, current and complete.
5.2. You agree to pay all fees and charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. All amounts appearing on the Site are quoted in UK Pounds.
5.3. Descriptions or images of, or references to, products or services on the Site do not imply our endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to change the prices, fees and charges associated with any product or service, to limit the order quantity on any product or service, to reject, correct, cancel or terminate any order, and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Price and availability of any product or service are subject to change without notice.
5.4. Once you have completed your purchase, you will receive an e-mail confirming your order. Please keep this e-mail as it is your sales receipt and order confirmation for products and/or services ordered, and will include your order number. All order fulfillment e-mails will contain a contact e-mail address at QT Gifts.co.uk which you should use to contact QT Gifts if you require additional information about orders, pricing, products, services.
5.5. All orders are supplied on a Firm Sale basis only. Goods cannot be returned without prior written authorisation from QT Gifts.
6. Ownership and Restrictions
6.1 The Site is owned and operated by QT Gifts in conjunction with others pursuant to contractual arrangements, and the Information and Services (and any intellectual property and other rights relating thereto) are and will remain the property of QT Gifts and its licensors and suppliers. The Information and Services are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile or disassemble any part of the Site or any Service or Information without our prior written permission. The Information, Site and Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by QT Gifts or, if so indicated in writing by QT Gifts, its licensors or suppliers. Use of the Site or any Services or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or any Services or Information.
6.2 The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of QT Gifts, our licensors and suppliers, and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of QT Gifts, our licensors or suppliers, or the third party owner of any such Trademark and use of the Trademarks is expressly prohibited.
This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site, or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all copies of information that you have obtained from the Site, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all Sanrio rights of ownership shall survive any termination.
8.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW: (A) THE SITE (INCLUDING ALL INFORMATION) AND THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED; AND (B) QT GIFTS AND ITS AFFILIATES, AGENTS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, "QT GIFTS REPRESENTATIVES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND SITE IS CURRENT AND/OR UP-TO-DATE. QT GIFTS AND QT GIFTS REPRESENTATIVES DO NOT WARRANT THAT THE INFORMATION, SITE OR SERVICES, NOR YOUR USE OF THE FOREGOING, WILL BE COMPLETE, ACCURATE, CURRENT, RELIABLE, UNINTERRUPTED, ERROR-FREE OR SECURE, NOR THAT DEFECTS WILL BE CORRECTED, NOR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND/OR SERVICES AND/OR INFORMATION AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF QT GIFTS OR ANY OF QT GIFTS REPRESENTATIVES, WHETHER MADE ON OR IN CONNECTION WITH THE SITE OR SERVICES OR INFORMATION SHALL CREATE ANY WARRANTY.
8.2 QT GIFTS AND QT GIFTS REPRESENTATIVES ARE UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE SITE, SERVICES AND/OR INFORMATION. QT GIFTS AND QT GIFTS REPRESENTATIVES DO NOT CONTROL THE MATERIALS POSTED OR SUBMITTED TO THE SITE AND/OR THE SERVICES BY PERSONS OTHER THAN THEMSELVES AND DO NOT MONITOR, SCREEN, POLICE OR EDIT THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE LAWS OR THESE TERMS AND CONDITIONS. YOU MAY FIND SOME OF THE MATERIALS POSTED BY OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THIS WEB SITE.
8.3 THROUGH YOUR USE OF THE SITE, SERVICES AND/OR INFORMATION, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH THIRD PARTIES. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. QT GIFTS REPRESENTATIVES ARE NOT PARTIES TO ANY SUCH TRANSACTIONS AND DISCLAIM ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
8.4 A possibility exists that unauthorized alterations could be made by third parties to the Information, Site and/or Services. In the event that a situation arises in which the completeness or correctness of the Site or Information and Services is in question, please contact us at firstname.lastname@example.org with, if possible, a description and location of the material to be checked, as well as information sufficient to enable us to contact you.
9. Limitation of Liability
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER QT GIFTS NOR ANY OF QT GIFTS REPRESENTATIVES, NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE, INFORMATION, SERVICES AND/OR ANY LINKED SITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THIS SITE, THE INFORMATION, SERVICES, OR ANY LINKED SITE IS TO STOP USING THE SITE, SERVICE, OR LINKED SITE, AS APPLICABLE. SANRIO'S SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE, INFORMATION AND/OR SERVICES, SHALL BE THE TOTAL AMOUNT PAID BY YOU FOR USE OF THE SITE, INFORMATION AND/OR SERVICES.
You agree to fully indemnify, defend and hold QT Gifts, any of QT Gifts representatives, and their directors, officers, employees, consultants and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) any allegation that any Submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, patent, trademark, trade secret or other intellectual property or other rights of any third party, and/or (c) your activities in connection with the Site.
16. Access By Minors
QT Gifts wishes to inform you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web site of GetNetWise.org.
The parties to this agreement have expressly requested and required that this agreement and all other related documents, be drawn up in the English language. Les parties convenient et exigent expressément que ce contrat et tous les documents qui s'y rapportent soient rédigés en anglais.
9. Prices and Specification
Whilst endeavouring to maintain prices, The Company reserves the right to alter prices and/or specifications without notice. The Company also reserves the right to add a surcharge when necessary, and to vary order quantities to comply with pack quantities. All sizes and capacities quoted are approximate.
The ownership and title of The Goods shall not pass to The Purchaser until payment in full has been received.
A) The property of The Goods shall remain with The Company until The Purchaser has paid The Company in full for The Goods supplied.
14.1 These conditions and all other express terms shall be governed and construed in accordance
with the Laws of England.
14.2 These conditions (together with The Order) constitute the entire agreement between the
parties, supersede any previous agreement or understanding and may not be varied except in
writing between the parties. All other terms and conditions express or implied by statue or
otherwise are excluded to the fullest extent permitted by law.