Terms of service

Last updated: 28/10/2023

Welcome to the www.encoregifts.co.uk website (the "Site"). This page provides information on:

The Terms and Conditions on which we sell and supply our products (“Products”) to you via the Site, including how to place and amend orders online and how to cancel your contract (“Contract”), or request a refund for a Product purchased ("Terms of Sale"); and
The Terms and Conditions on which you can use the Site (“Terms of Use”).

The Terms of Sale and the Terms of Use are collectively referred to as “Terms and Conditions”.

Please read these Terms and Conditions carefully before using the Site and placing an order. By using the Site and/or placing an order for Products from us, you signify that you are 18 years or older and that you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this Site or place an order. Please note that although you may "bookmark" a particular portion of this Site and thereby bypass these Terms and Conditions, your use of this Site still binds you to the Terms and Conditions.

We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Site or placing an order following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Site.

We are committed to providing you with Terms and Conditions which are easy to understand and which are fair to you. Your statutory rights are not affected by anything contained in these Terms and Conditions. For more information on your legal rights, contact your local Trading Standards Office or Citizens Advice Bureau.

OTHER APPLICABLE TERMS

Our Privacy Policy (which sets out the terms on which we process your personal data) and our Cookie Policy (which sets out information about the cookies on our Site) will also apply to your use of our Site. These Terms and Conditions along with our Privacy Policy and Cookie Policy constitute a legally binding agreement between you and us. By accessing or using our services (“Services”), you agree that you have read, understand, and are bound by the Terms and Conditions set forth herein.

INFORMATION ABOUT US

The Site is operated by ENCORE GIFTS LTD, a company registered in England and Wales (company number: 13479238) and trading as Encore Gifts (collectively "Encore Gifts", "we", "us", "our"). Our registered office address is 18 Withnall Close, Nottingham, NG4 4LL, UK.

If you have any queries about these Terms and Conditions, or any other aspect of the Site, or you have a complaint, you can contact us using the online form here, or email us at admin@encoregifts.co.uk, or write to us at Encore Gifts Customer Services, 18 Withnall Close, Nottingham, NG4 4LL. We shall respond to any communication received by us as quickly as we can.

TERMS OF SALE

All sales of Products made via the Site will be on the basis of these Terms of Sale.

PLACING ORDERS AND CONTRACT CREATION
PRODUCT AVAILABILITY AND DESCRIPTION
PRICING AND PAYMENT
DELIVERY
RETURNS
WARRANTIES AND DISCLAIMERS
OUR LIABILITY
OFFERS AND PROMOTIONS
EVENTS OUTSIDE OUR CONTROL
OUR RIGHTS TO CANCEL THE CONTRACT
GIFT CARDS
GENERAL TERMS

1. PLACING ORDERS AND CONTRACT CREATION

1.1 You will be guided through the order process by a series of instructions on the Site. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.

1.2 All orders are subject to acceptance and availability. When placing an order, you undertake that you are at least 18 years old, that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card or payment account used to place your order, and that there are sufficient funds to cover the cost of the Products.

1.3 After you place an order, you will receive an order confirmation email from us acknowledging that we have received your order. This email is not an acceptance of your order, just a confirmation that we have received your order. We will confirm our acceptance of your order to you by sending you an email that confirms the Products have been dispatched ("Dispatch Confirmation"). Once you receive the Dispatch Confirmation, a Contract is formed between you and us in relation to the Product or Products set out in the email. No Product will be shipped until payment has been made in full.

1.4 We may choose not to accept your order at our discretion for any reason whatsoever without liability to you. Examples of when we may not accept your order include where the Products ordered are out of stock, or are incorrectly priced, or do not satisfy our quality control standards, or where payment has been declined, or where we suspect fraudulent activity. We will inform you if we choose not to accept your order by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible. In the unlikely event that a Product from your order is unavailable, it will not be substituted for an alternative Product and you will not be charged for the Product.

1.5 Orders with multiple Products may be dispatched separately. You will receive a separate Dispatch Confirmation email for each shipment. Each Dispatch Confirmation email will constitute a separate Contract between us in relation to the Products which are the subject of that Dispatch Confirmation.

1.6 Please check the details of the order confirmation email and the Dispatch Confirmation email carefully. It is your responsibility to notify us if there are any errors or inconsistencies by contacting us using the details set out at the top of these Terms and Conditions.

1.7 The Contract between us for Products sold via the Site will be concluded in English. We will not file the specific details of your Contract. If you do require any information regarding orders you have placed with us, please check your order history on the Site (if you have an account with us) or contact us using the details set out at the top of these Terms and Conditions.

2. PRODUCT AVAILABILITY AND DESCRIPTION

2.1 We try to be as specific as possible on the Site about Products and Product availability, including, availability of size, colour and type, quantity of stock available and the Product description. However, while we try our best to ensure that Product information on our Site is correct, it is possible that the Site may contain typographical errors or inaccuracies. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted an order).

2.2 The images of the Products on our Site and in our other advertising materials are for illustrative purposes only. Your Products may vary slightly from those images. Although we have made every effort to display and print the colours of the Products accurately, we cannot guarantee that your computer's display of the images, or the images in our other advertising materials, accurately reflect the colours of the Products that will be delivered to you.

2.3 If you have ordered a Product that is unavailable, we will inform you as soon as possible by email and give you an estimated date of when the Product is due to be back in stock and available for dispatch to you (Please note - some items may not be back in stock and dates are subject to change). Alternatively, you will be entitled to cancel your order and receive a refund from us (if your card/payment account has already been charged). In all other circumstances where you are not fully satisfied with your purchase, you may return it for a refund in accordance with our Returns policy.

2.4 Please note that the information provided about Products on the Site is for information purposes only. Please make sure you read all labels, warnings and directions provided with the Product before use.

3. PRICING AND PAYMENT

3.1 The price of Products is quoted on the Site in GBP (£) and includes VAT. Prices quoted exclude delivery costs which are added to the total cost of the order during the checkout process, before you confirm your order. Delivery costs include VAT. See our Delivery page for additional information regarding delivery costs.

3.2 Despite our best efforts, some Products may be listed at an incorrect price due to a typographical error or systems error. We reserve the right to review and change Product prices on the Site at any time without notice and we reserve the right to refuse or cancel any orders placed for Products listed at an incorrect price, whether or not the order(s) has/have been confirmed and your card/payment account charged. If your card/payment account has already been charged for such a purchase and your order is cancelled, we will issue a refund to your card/payment account (as applicable) in the amount of the incorrect price.

3.3 If we accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as a mispricing, we may end the Contract, refund to you any sums you have paid under the Contract and require the return of any Products provided to you.

3.4 We accept payment via debit card, credit card, PayPal, Apple Pay (iOS only), Google Pay (Android only), Gift Card (including E-Gift Card), or any other methods which may be clearly indicated on our Site. We accept most major debit and credit cards, including Visa, Mastercard, Maestro and American Express.

3.5 You must only use a card if you are the named cardholder. By placing an order, you confirm that you are the named cardholder. All debit, credit and charge card holders are subject to validation and security checks, as well as authorisation by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorise payment, we will not accept your order and we will not be liable for any delay or non-delivery. Your card provider may charge you for using your card. Please check the terms and conditions with your card provider carefully and in advance of submitting your payment details.

4. DELIVERY

4.1 Delivery will be to the address specified in your order. When we deliver the Products to you will depend on the delivery method you select during the order process. Your expected delivery date will be confirmed at checkout when placing your order. However, all delivery dates specified on our Site and in any correspondence are estimates only. We are unable to deliver on public or bank holidays and orders placed on those days, or at busy periods may take longer to deliver. In any event, the maximum delivery lead time for Products within the United Kingdom (UK) is 30 days unless specifically agreed by us with you. See our Delivery page for information regarding delivery timelines.

4.2 Please note that we deliver only within the UK. You may place an order if you live outside the UK, but this order must be for delivery to an address in the UK. UK means England, Wales, Scotland and Northern Ireland. Please note that delivery will take longer where the items are delivered to more remote destinations.

We are currently unable to deliver to international, PO Box or BFPO addresses. We will also at our discretion exclude delivery to any addresses which are considered to be insecure.

4.3 We are not responsible for or liable for the consequences of delays outside our control. If delivery of the Products to you is delayed by an “Event Outside Our Control” (e.g., because of postal/courier delays, logistics or bad weather), we shall use reasonable efforts to tell you this by email and give you an amended delivery estimate. You may cancel a Contract affected by an event outside our control which has continued for more than 30 days. To cancel, please notify us using the contact details set out at the top of these Terms and Conditions. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges within 14 days.

4.4 If you order more than one Product, we do not guarantee that all Products will be delivered to you in one delivery, and we reserve the right to deliver in multiple consignments. You will not be charged extra for this method of shipping.

4.5 Delivery of an order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.

4.6 You own the Products once we have received payment in full (including all applicable delivery charges) and the Products have been delivered to you, as set out in clause 4.5 above.

4.7 If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, where possible the courier will leave the Products in a safe place or with a neighbour. If neither of these options are available the courier will notify you of the delivery attempt and tell you how to rearrange delivery or collection of the Products.

4.8 We are not liable for any parcels that are lost or stolen as a result of any specific delivery instructions left for the courier.

4.9 If your order doesn’t arrive by the expected date or if there is any other issue with your delivery, please contact us using the details set out at the top of these Terms and Conditions stating your order number and tracking ID and we will investigate the matter further.

5. RETURNS

IF YOU CHANGE YOUR MIND

5.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have a legal right to cancel the Contract (subject to certain exceptions set out below) without giving any reason within 14 days of the day after you receive the Products. This is the “Cancellation Period”.

5.2 The Cancellation Period starts from the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order and dispatch of the Products), which is when the Contract between us is formed. Your deadline for cancelling the Contract is 14 days after the day on which you receive (or someone you nominate receives) the last Product in that Dispatch Confirmation.

5.3 You can cancel by letting us know in by post to Encore Gifts Customer Services, 18 Withnall Close, Nottingham, NG4 4LL; or by email to admin@encoregifts.co.uk. If you are emailing us or sending a letter, please include details of your order to help us to identify it. You should keep evidence of having given notice of cancellation, such as an email receipt.

5.4 You must return the Products to us (at your own risk and expense) within 14 days of notifying us that you wish to cancel by sending them to Encore Gifts Returns, 18 Withnall Close, Nottingham, NG4 4LL. All returns must be sent back to us via Royal Mail. We are unable to accept parcels delivered by other couriers. Make sure you use a trackable, insured service that offers proof of delivery. You will be responsible for the cost of returning the Products to us. Please fully complete and enclose the Returns Form included with the delivery package, or a note detailing your order number, name, address, contact number and reason for return. This will ensure that you receive your refund promptly.

5.5 All Products should be inspected and tried on with reasonable care being exercised. We may refuse a refund or make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you (for example, if you have handled the Products beyond the sort of handling that might reasonably be allowed in a shop). Products should be returned unused and in a resalable condition, with all tags and care labels still attached.

5.6 Within 14 days of receiving the returned Products or proof of postage of the same, we will ordinarily refund all payments received from you in respect of the Products, including delivery charges up to the value of the least expensive type of standard delivery offered by us. Please note though that if you want to return only some Products but keep the rest of your order, you may not be entitled to a refund of the delivery charge.

5.7 We will refund you on the original method of payment. If you used a Gift Card to pay for the Products we will refund you by way of a Gift Card. If you made the payment using part Gift Card and part credit/debit card or other payment account, the Gift Card element will be refunded first.

5.8 As an alternative to using your rights under clause 5.1, you may wish to return a Product using our standard returns service. Please read our Returns page for further information on how to return unwanted or unsuitable items for a refund.

FAULTY PRODUCTS

5.9 We warrant that the Products that we supply are of satisfactory quality and are fit for the purpose for which Products of that nature are commonly supplied.

5.10 If you consider that any Product we have supplied is faulty or damaged, please notify us using the contact details set out at the top of these Terms and Conditions. You must state your order number and as many details as possible about the fault or issue.

5.11 If you wish to return a Product which is faulty you must return the Product to us using the returns address in clause 5.4. Please fully complete and enclose the Returns Form included with the delivery package, or a note detailing your order number, name, address, contact number and reason for return.

5.12 If you return a Product to us for a reason other than if you change your mind, we will inspect the Product and either replace it or refund the full purchase price of the Product if we accept that there is a manufacturing defect or other fault in the Product. This is subject to you returning the Product to us no later than 30 days after your receipt of the Product. We cannot accept liability for a Product as faulty or damaged until it has been returned to us and we have had an opportunity to inspect it and confirm that it is faulty or damaged.

5.13 We will replace the Product or refund you, provided that the fault or damage is not; caused by usual wear and tear, damage caused deliberately or accidentally, your negligence or if you fail to follow Product instructions or if the Product has been misused, altered or repaired without our approval. If we do not find any fault or defect, then your cancellation and refund rights are limited to those set out in clause 5.1 above, although this does not affect your statutory rights.

5.14 If you believe that a Product has a defect then you should not make any further use of it before returning it to us.

5.15 We will process any refund due to you as soon as possible and, in any case within 14 days after the day we confirm via email that you are entitled to a refund for a faulty or damaged Product. We will refund you on the original method of payment. If you used a Gift Card to pay for the Product, we will refund you by way of a Gift Card. If you made the payment using part Gift Card and part credit/debit card or other payment account, the Gift Card element will be refunded first.

5.16 Where a Product is confirmed as faulty or damaged, we will bear the reasonable postage costs of returning the Product up to the cost of the standard delivery charge. We will not refund any Next Day, Express or other premium component of delivery. Alternatively, we can provide a pre-paid postage label to return any faulty or damaged Products to us.

5.17 Whenever you return Products to us, either because you believe they are faulty or because you change your mind, we ask that Products are returned to us by recorded delivery or courier so that you have proof of posting. We will not be responsible for Products that are lost or damaged in the post.

6. WARRANTIES AND DISCLAIMERS

6.1 Unless specific warranties are expressly given when you purchase Products from our Site (for example, a manufacturer’s warranty), we do not give any warranties or guarantees in respect of such Products over and above those implied by applicable law (these include, for example, that the Products are of satisfactory quality and reasonably fit for all the purposes for which Products of that kind are commonly supplied). We remain responsible, however, for supplying Products that conform to the Contract.

7. OUR LIABILITY

7.1 There are certain liabilities which cannot be excluded by law and nothing in these Terms of Sale limits our liability for these, including for personal injury, or death caused by our negligence, or for fraud. Also, nothing in these Terms of Sale limits your statutory rights if you are contracting with us as a consumer, including your right to a replacement or repair where Products supplied are not of satisfactory quality.

7.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.

7.3 We are not responsible to you for loss or damage of a kind that we could not reasonably have foreseen, which results from you misusing the Products, or loss and/or damage as a result of wear and tear, or otherwise from a Product which is damaged after it was delivered to you.

7.4 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, loss of anticipated savings, business interruption, or loss of business opportunity.

8. OFFERS AND PROMOTIONS

8.1 If you wish to apply a discount code to your order, you must enter the relevant code during the online checkout process.

8.2 Offers and promotions on the Site are subject to availability and we may change or withdraw them at any time and without notice.

8.3 Unless otherwise expressly stated on the specific promotion, discount codes cannot be used in conjunction with any other offer or promotion, cannot be used to purchase Gift Cards and can only be used against full price Products. If you have more than one discount code and the codes cannot be combined, it is up to you to use the discount code that has the biggest benefit to you. We reserve the right to decline to accept any discount code that is invalid for your order or that has expired.

8.4 Additional Terms may apply in respect of each discount code, details of which will be displayed.

9. EVENTS OUTSIDE OUR CONTROL

9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 9.2.

9.2 An Event Outside Our Control means any act or event beyond our reasonable control, including (without limitation) strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, adverse weather conditions, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

9.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, we will contact you as soon as reasonably possible to notify you, and our obligations under the Contract will be suspended, and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

9.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel a Contract under this clause 9 please contact us using the details set out at the top of these Terms and Conditions. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges within 14 days.

10. OUR RIGHTS TO CANCEL THE CONTRACT

10.1 We may end the Contract at any time by writing to you, if:

you do not make any payment to us when it is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
you do not, within a reasonable time, allow us to deliver the Products to you.

10.2 We may also end the Contract in the circumstances set out in clause 3.3.

11. GIFT CARDS

11.1 Gift Cards shall mean both physical cards (“Physical Gift Cards”) and online cards, received via email (“E-Gift Cards”).

11.2 You or your means only the person who has purchased the Gift Card from us. If you nominate another person to receive and use your Gift Card, you are authorising that person to use your Gift Card and any balance on your Gift Card.

PURCHASING A GIFT CARD

11.3 You can purchase a Gift Card online at www.encoregifts.co.uk in the UK only. Gift Cards are only available in GBP (£), and will be activated at the time of purchase. Gift Cards may be purchased and activated for a minimum value of £10 and a maximum value of £250. Payment for Gift Cards is accepted by debit card, credit card and PayPal. Gift Cards cannot be purchased at a discounted price during sales and promotions. You cannot purchase a Gift Card using another Gift Card.

GIFT CARD DELIVERY

11.4 Physical Gift Cards will be sent to the delivery address stated on the individual order. See our Delivery page for additional information.

11.5 E-Gift Cards will be sent to the email address stated in the individual order. Dispatch will usually be immediate but could be up to 48 hours after receipt of payment due to fraud checks.

11.6 We do not accept responsibility for any losses resulting from any Gift Card being delivered to an incorrect address (email address or shipping address) due to errors made by you within your order. You must therefore take extra care when entering details in your order.

11.7 Your Gift Card will not be delivered until your payment to us has cleared for the full purchase value of your Gift Card.

REDEEMING A GIFT CARD

11.8 Your Gift Card can only be used to make purchases online at www.encoregifts.co.uk in the UK. Any purchases made using any amount on your Gift Card by you or any other person will also be subject to our Terms and Conditions and Privacy Policy.

11.9 To use any amount on your Gift Card, the user will be required to enter the alphanumeric code which can be found, in relation to E-Gift Cards, on the delivery email which is sent to you (or the person you have nominated to receive and use your E-Gift Card), or, in relation to Physical Gift Cards, on the back of the physical card.

11.10 If the entire amount on your Gift Card has not been spent, the remaining balance will be updated after every transaction and will remain on your Gift Card to use until expiry.

11.11 The amount on your Gift Card can be used towards the purchase amount of Products that are priced higher than the balance of your Gift Card, provided that you or the user making the transaction also pay the difference for such Products using one of our prescribed payment methods.

EXPIRY

11.12 Gift Cards are valid for 24 calendar months from the date of purchase. Gift Cards presented after their expiry date will be treated as void and are non-refundable and non-exchangeable.

CHECK BALANCE

11.13 You may check your Gift Card balance by contacting us using the details set out at the top of these Terms and Conditions.

RETURNING ITEMS PURCHASED WITH A GIFT CARD

11.14 If you or the person you have nominated to receive and use your Gift Card have purchased Products with a Gift Card, but then subsequently return the Products and are entitled to a refund for them in accordance with our general Site Terms and Conditions and returns policy, any money owing by us for the refund will be added to the remaining balance on the Gift Card (for any purchase amount originally taken from your Gift Card), or refunded to the other prescribed payment method used to pay us (for any purchase amount originally taken from another prescribed payment method other than the Gift Card).

CORRUPTED, DELETED, LOST, STOLEN, DESTROYED, DAMAGED OR USED GIFT CARDS

11.15 We shall not be responsible if a Gift Card is corrupted, deleted, lost, stolen, destroyed or damaged or used (as applicable) without permission. We reserve the right to refuse to accept a Gift Card which we deem to have been duplicated, tampered with, damaged or otherwise suspect has been affected by fraud.

11.16 We cannot be held responsible for E-Gift Cards that cannot be delivered due to the recipient’s spam filters, firewalls, capacity of the mailbox, or any other factors outside our control.

11.17 We are unable to replace Gift Card(s) if lost, stolen, destroyed or damaged.

GENERAL

11.18 There is no right to cancel an online order for a Gift Card once the Gift Card has been spent in full or part.

11.19 Gift Cards and their balance cannot be returned or refunded, in whole or in part, except in accordance with your statutory legal rights. Gift Cards and their balance cannot be resold, exchanged for cash or vouchers or transferred for any value by you or anyone else other than for purchasing Products from www.encoregifts.co.uk in the UK only. No cash change will be given on purchases made using a Gift Card.

11.20 Gift Cards are not cheque guarantee, credit, charge cards, e-money or regulated payment instruments. Please note that Gift Cards are not regulated as payment instruments under the Payment Services Regulations 2017 and amounts on them are not electronic money under the Electronic Money Regulations 2011. Accordingly, rights and protections under those regulations do not apply and the Financial Conduct Authority does not supervise this Service or the Gift Cards.

11.21 We reserve the right to cancel any order for your Gift Card and refund any monies you have paid to us if we discover any pricing or other errors in relation to the order prior to the time of dispatch. We will contact you in these circumstances and will give you the opportunity to place a new order. Your refund will be processed within 7-10 working days.

11.22 We reserve the right to cancel any order made using any balance on your Gift Card and will refund any monies redeemed and paid to us from your Gift Card back to the Gift Card (or onto a new Gift Card) if we discover any pricing or other errors in relation to the order prior to the time of dispatch. We will contact you in these circumstances and will give you the opportunity to place a new order using the Gift Card. Your refund will be processed within 7-10 working days.

11.23 We reserve the right to terminate your order for your Gift Card if we believe you have breached any of these Terms and Conditions or if we suspect fraudulent activity. We also reserve the right to terminate any order made using any balance on your Gift Card, if we believe you (or the person placing the order) have breached any of these Terms and Conditions or if we suspect fraudulent activity. If we terminate your order, we will refund the sums you have paid to us within 7-10 working days, less any costs directly incurred by us as a consequence of your breach of these Terms and Conditions.

11.24 We reserve the right to amend the Terms and Conditions on the Gift Card at any time and to take appropriate action, including cancellation of the card if, at its discretion, it deems such action necessary. This does not affect your legal rights.

11.25 If you find that your Gift Card is not accepted at checkout, check the Gift Card alphanumeric number you’ve entered and try again. If you continue to experience any further issues contact us using the details set out at the top of these Terms and Conditions.

12. GENERAL TERMS

12.1 Only you and we shall have any rights to enforce any Term of the Contract formed between us.

12.2 The Contract formed between us, which includes these Terms of Sale and any document referred to in them, constitutes the whole agreement between us and supersedes all prior agreements (written or oral), arrangements and understandings between us relating to the same subject matter.

12.3 If any of these Terms of Sale or any provision of the Contract formed between us is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the affected Term or provision will be removed from the remaining Terms and provisions, which shall continue to be valid.

12.4 These Terms of Sale and any dispute or claim arising out of or in connection with such matters, their subject matter or formation (including but not limited to non-contractual disputes or claims) shall be governed by, construed and interpreted in accordance with the laws of England and Wales and you agree to submit to the non-exclusive jurisdiction of the English Courts.

12.5 Nothing in these Terms seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these Terms will not change any rights that the law grants to you, which that law does not allow us to change or limit.

TERMS OF USE

Your use of the Site is subject to the following Terms of Use.

ACCESS TO OUR SITE
YOUR ACCOUNT AND PASSWORD
RESTRICTIONS ON USE OF SERVICES
OWNERSHIP
USER CONTENT
CORRECTION OF ERRORS AND INACCURACIES
THIRD PARTY LINKS
INDEMNIFICATION
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY
TERMINATION
SEVERABILITY
ENFORCEMENT OF TERMS OF USE
OUR RIGHTS
PRIZE DRAW AND COMPETITION TERMS

1. ACCESS TO OUR SITE

1.1 We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site at any time without notice. We will not be liable to you if for any reason all or part of our Site is unavailable or interrupted at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your Internet connection are aware of these Terms of Use and other applicable Terms and Conditions, and that they comply with them.

2. YOUR ACCOUNT AND PASSWORD

2.1 You may access most areas of our Site without registering your details with us, but certain areas of our Site will only be open to you if you register an account with us. You are solely responsible for any activity that occurs on your account and for maintaining the confidentiality of your password. It is your sole responsibility to provide and maintain accurate account information. You may cancel your account with us at any time by contacting us using the details set out at the top of these Terms and Conditions.

2.2 We reserve the right to cancel your account at any time for any reason without prior notice to you. If there has been (or you suspect) an unauthorised use of your password or account, please notify us immediately.

2.3 Please note that you must be 18 years or older to create an account on this Site. By creating an account on this Site, you agree and warrant that you are aged 18 years or older.

3. RESTRICTIONS ON USE OF SERVICES

3.1 You are solely responsible for your actions when using the Site, whether or not you have created an account with us. In addition, you understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:

Transmit by any means any software, virus, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site;
Use any robot, spider, script, or any manual or automated application or means to extract, download, retrieve, index, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the Site;
Submit or post any offensive, indecent, hateful, racist, sexist, pornographic, or otherwise inappropriate or obscene content (as determined by us in our sole discretion);
Copy, download, distribute, transmit, upload, or transfer content from the Site or the personal information of others without our prior written permission or authorisation;
Use the Site to make unsolicited offers, requests, advertisements, or spam;
Impersonate or pretend to be anyone else but you;
Violate or infringe upon the privacy, publicity, intellectual property, or other proprietary rights of third parties; or
Engage in any activity that is criminal or tortious in nature, or otherwise contrary to the law or infringes the rights of another including, without limitation, fraud, stalking, defaming, abusing, harassing, or threatening.

3.2 If you breach any part of these Terms, we reserve the right to terminate your access to the Site.

4. OWNERSHIP

4.1 We and our licensors are the sole owners of the Site, including, but not limited to, all content, features, and functions, and all copyrights, trademarks, service marks, and other intellectual property rights contained within the Site.

4.2 You agree that all right, title, and interest in the Site will remain ours or our licensors' exclusive property. Nothing in these Terms gives you a right to reproduce, copy, distribute, sell, broadcast, license, or otherwise use the ENCORE GIFTS name or any of our trademarks, logos, domain names, and other distinctive brand features. You may not modify, rent, lease, sell, distribute, or create derivative works based on the Site unless we have given you prior written consent to do so. You may only use the Site for personal, non-commercial purposes.

5. USER CONTENT

5.1 Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Services, you warrant that any such contribution (“Content”) complies with the standards set out in these Terms, and you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

5.2 Any Content you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such Content for any purpose. You grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free licence to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such Content throughout the world, in all media now known or hereafter developed. You confirm that you are the owner of the relevant Content and/or that you are entitled to grant us a licence of the same.

5.3 We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

5.4 We will not be responsible, or liable to any third party, for the Content or accuracy of any Content posted by you or any other user of our Services.

5.5 We have the right in our sole discretion for any reason and without prior notice to you to remove any posting you make on our Site if, in our opinion, your post does not comply with the standards set out in these Terms or reasonable standards of behaviour.

5.6 The views expressed by other users on our Site do not represent our opinions, views, values or ideals of ENCORE GIFTS LTD or our personnel. We reserve the right, but not the obligation, to investigate any allegations or complaints that we receive regarding your Content. If you wish to complain about information or materials uploaded to our Site by other users please contact us using the details set out at the top of these Terms and Conditions.

6. CORRECTION OF ERRORS AND INACCURACIES

6.1 The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice.

7. THIRD PARTY LINKS

7.1 Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only and therefore you access them at your own risk. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you have any questions about these other companies' practices, you should review their Terms of Use and other policies.

8. INDEMNIFICATION

8.1 You agree to indemnify, defend, and hold us harmless as well as our officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.

9. DISCLAIMER OF WARRANTIES

9.1 Your use of the Site is at your own risk. The Site is available 'as is' and 'as available' without representation or warranty of any kind or any assurance it will be available or perform as described. We do not guarantee that the Site will be secure or free from bugs or viruses. We expressly disclaim all representations and warranties, express and implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, and non-infringement. We make no warranty that the Site will be error free or uninterrupted, that the information obtained from the Site will be accurate, up-to-date, complete or reliable, that the quality of the Site will be satisfactory to you, or that errors or defects will be corrected. We make no guarantee regarding the reliability, accuracy, or quality of any communication that is posted on or via the Site.

10. LIMITATION OF LIABILITY

10.1 Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

10.2 The Site and any Products purchased by you in connection with the Site are supplied only for domestic and non-commercial, private use. You agree not to use the same for any commercial, business or re-sale purposes. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.3 To the extent permitted by law, we exclude all conditions, warranties, representations or other Terms which may apply to the Site or any content on it, whether express or implied.

10.4 We will not be liable to any user for any loss or damage, whether in Contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, the Site; or
use of or reliance on any content made available via the Site.

10.5 To the fullest extent permitted by law, we shall not be liable to you or any other party for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary, or punitive damages, regardless of the form of action or basis of any claim. You specifically acknowledge that we shall not be liable to you for your communications. We shall not be liable for any breach of security associated with the transmission of information through the Site or any linked sites, or for any information or Products, obtained through use of the Site, or otherwise arising out of the use of the same, regardless of the form of action or basis of any claim. Some jurisdictions do not allow certain exclusions of warranties or limitations on damages, so some of these exclusions and limitations may not apply to you. If you have a dispute with us or are dissatisfied with the Site, termination of your use of the Site is your sole remedy. We have no other obligation, liability, or responsibility to you.

11. TERMINATION

11.1 We may immediately, without prior notice, suspend or terminate your use of and access to the Site, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. You may terminate these Terms of Use at any time by ceasing your use of the Site and/or your account on the Site (if applicable); however, termination by you or us of these Terms of Use for any reason will not affect the application and enforceability of the Terms of Sale in relation to any order you have placed for Products via the Site.

11.2 The provisions relating to Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification and Enforcement, shall survive any termination.

12. SEVERABILITY

12.1 If the application of any provision of these Terms to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court, arbitrator or other tribunal of competent jurisdiction, then (a) the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of these Terms, shall not in any way be affected or impaired thereby and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties.

13. ENFORCEMENT OF TERMS OF USE

13.1 These Terms of Use and any dispute or claim arising out of or in connection with such matters, their subject matter or formation (including but not limited to non-contractual disputes or claims) shall be governed by, construed and interpreted in accordance with the laws of England and Wales and you agree to submit to the non-exclusive jurisdiction of the English Courts.

14. OUR RIGHTS

14.1 If we determine, in our discretion, that there has been a breach of these Terms of Use, we may take such action as we deem appropriate, which may include issuing a warning to you, withdrawing your right to use our Site, taking legal proceedings against you and/or disclosing such information to law enforcement authorities as we reasonably feel is necessary.

15. PRIZE DRAW AND COMPETITION TERMS

15.1 From time to time we (the “Promoter”) may run prize draws and competitions through our sites, including on, but not limited to our Site, accessible at https://www.encoregifts.co.uk; our Facebook page, accessible at https://www.facebook.com; our Instagram page, accessible at https://www.instagram.com;

15.2 By submitting a prize draw or competition entry, you are agreeing to be bound by these Terms and Conditions. The Promoter has the right to refuse entry, or refuse to award prizes to anyone in breach of these Terms and Conditions.

15.3 Additional Terms and Conditions applicable to our prize draws and competitions can be found on the relevant prize draw notice or competition notice, on the Site, Facebook page, Twitter page, Instagram page, TikTok page, or our other social media accounts or sites. In addition to these Terms, you hereby agree to comply with the following policies of Facebook, Twitter, Instagram and TikTok (as applicable):

15.4 The Promoter reserves the right to hold, void, cancel, suspend, or amend the prize draw or competition where it becomes necessary to do so.

15.5 The prize draws and competitions will be governed by the laws of England and Wales, and entrants to the prize draw submit to the jurisdiction of the English Courts.

HOW TO ENTER

15.6 Our prize draws and competitions are open to anyone aged 18 years or over, except employees of the Promoter, their families, agents or any third party directly associated with administration of the prize draw. The Promoter may require you to provide proof that you are eligible to enter the competition.

15.7 Prize draws and competitions are free to enter and no purchase is necessary, unless stated otherwise on the relevant prize draw notice or competition notice.

15.8 All entries must be submitted as instructed on the relevant prize draw notice or competition notice, and only one entry per person is permitted. Competition entries cannot be returned.

15.9 The opening date and closing date for prize draws and competitions are stated on the relevant prize draw notice or competition notice. Entries received after the closing date will not be counted, or will be automatically disqualified.

15.10 The Promoter will not accept responsibility for entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or proof of posting or transmission as proof of receipt of entry to the competition.

THE PRIZE

15.11 The winner will receive the prize(s) described in the relevant prize draw notice or competition notice. Prizes are subject to availability.

15.12 The prize for the winner is non-exchangeable, non-transferable and no cash alternative is offered.

15.13 The Promoter reserves the right to replace the prize with an alternative prize of equal or higher value if circumstances beyond the Promoter's control makes it necessary to do so.

WINNER

15.14 A winner for prize draws will be chosen by random draw on the date stated in the relevant prize draw notice.

15.15 Competition winners will be announced as described in the relevant competition notice. The decision of the Promoter or the judges nominated by the Promoter, is final and no correspondence or discussion will be entered into. The decision of the Promoter regarding any aspect of the prize draw is final and binding and no correspondence will be entered into about it.

15.16 The winner(s) will be notified by social media, email or telephone (using details provided at entry), as soon as practicable, and must provide a postal address to claim their prize. If a winner does not respond to the Promoter within 7 days of being notified by the Promoter, then the winner's prize will be forfeited and the Promoter will be entitled to select another winner in accordance with the process described above.

15.17 The prize will be delivered to the winner within a reasonable time of being notified of their win.

15.18 The winner's name and county can be obtained by contacting us within 30 days after the date of the closing date of the prize draw, or announcement of a competition winner (whichever relevant).

LIMITATION OF LIABILITY

15.19 Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.

DATA PROTECTION AND PUBLICITY

15.20 Winners may be required to participate in publicity related to the prize draw or competition which may include the publication of their name and photograph in any media.

15.21 Entrants agree that the Promoter (or any third party nominated by us) may in our sole discretion use their comments relating to the prize and their experience for future promotional, marketing and publicity purposes in any media worldwide, without notice and without any fee being paid (including for the avoidance of doubt when responding to any third party). Any use of images or other personal information that could identify entrants will be subject to the entrants’ consent.

15.22 Personal data supplied during the course of the promotion may be passed on to third party suppliers only insofar as required for fulfilment/delivery/arrangement of the prize.

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