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Terms and Condition
Changes
to the site:
We reserve the right to make changes to this site, the disclaimers and
these terms and conditions at any time.
General
1. The owner of this
web site is Postbag Smiles Limited whose address is 29 PWLLCARN TERRACE, BLAENGARW, BRIDGEND, MID GLAMORAN, CF32 8AS (‘Postbag Smiles.com’/‘we’/‘us’/‘our’).
Registration number: 5650925
2. Your contract for
purchases made through the Site is with Postbag Smiles.
3. You must be
eighteen years old to use this site. If you are under eighteen, you may
only use the site in conjunction with, and under the supervision of, a
parent or guardian. If you do not qualify, please do not use the site.
4. You agree that
e-mail can be used as a long-distance means of communication.
5. You must choose a
username and password on completion of registration. You are responsible
for all actions taken under that username and password and shall only use
the Site under your own username and password. You must make every effort
to keep your password safe and should not disclose it to anyone. If it is
compromised, you must change it. You may not transfer or sell your
username to anyone, nor permit, either directly or indirectly, anyone to
use your username or password.
6.
If there
are any changes to the details supplied by you it is your responsibility
to inform Postbag Smiles.com as soon as
possible, by visiting website and updating your personal information.
By
choosing to use our free reminder service, you agree to keep your chosen
reminders up to date. Postbag Smiles will only send reminders that you’ve
requested.
7. No contract for
the sale of any product will subsist between you and Postbag Smiles.com
unless and until Postbag Smiles.com accepts your order by way of an e-mail
confirming that it has received payment in full for all the goods you have
ordered( at point of goods being dispatched). That acceptance will be
deemed complete and will be deemed for all purposes to have been
effectively communicated to you at the time Postbag Smiles.com sends the
e-mail to you (whether or not you receive that e-mail). This confirmation
e-mail amounts to an acceptance by Postbag Smiles.com of your offer to buy
goods from Postbag Smiles.com or a third party supplier that is engaged on
your behalf by Postbag Smiles.com.
8. This confirmatory
e-mail will contain all relevant statutory information concerning your
contract.
9. You must check
that the details on this confirmatory e-mail are correct as soon as
possible and you should print out and keep a copy of it.
10. Postbag
Smiles.com will not pass on your personal or credit or debit card details
to any third party. We shall be entitled to process your data in
accordance with the terms of our
Privacy
Policy. Please view this document for further
information.
11. You undertake
that all details you provide to postbagsmiles.com for the purpose of
ordering or purchasing goods or services are correct, that the credit or
debit card you are using is your own and that there are sufficient funds
to cover the cost of the goods or services ordered, at time of payment.
12.
If at the
time of attempting to collect payment for order from card details
provided, postbagsmiles.com is unable to collect funds for whatever
reason, we will make contact via email or phone and advise you
accordingly. We will ask that you provide alternative card details in
order that we may attempt to collect payment a 2nd time within
24 hrs (so as your requested date of despatch is only delayed a maximum of
24 hrs)
If the 2nd
attempt at taking payment fails, or you fail to provide alternative card
details, postbag smiles will treat this order as cancelled. This will be
deemed for all purposes to have been effectively communicated to you at
the time Postbag Smiles.com sends the e-mail to you (whether or not you
receive that e-mail)
All purchases are
non-exchangeable, non-refundable and non-transferable.
14. You may cancel
your order at any time provided :-
2 days notice is given
prior to your order dispatch date is given, by email to :-ordercx@postbagsmiles.com
or by post to the address listed, sending the notice of cancellation and
ensuring that you quote your name, address and most importantly, order
reference number.
15. Once Postbag
Smiles.com receive notification from you that you wish to withdraw from
the contract (in accordance with these terms),an email
acknowledging cancellation of order will be sent.
16. postbagsmiles
cannot accept returns on any personalized items or perishable items.
17. You may also
withdraw from the contract at any time after the product has been
dispatched(providing the above criteria is met), but no later than Seven
days after the product is received by:
sending
a notice of cancellation by email to :-
ordercx@postbagsmiles.com
ensuring that you
quote your name, address and order reference number; returning the goods
to postbag.smiles.com unopened together with the original invoice.
Postbagsmiles.com will
refund you/the sender the purchase price of the goods.
Once postbagsmiles.com
receive notification from you that you wish to withdraw from the contract
(in accordance with these terms), any sum debited to Postbagsmiles.com
from yours credit card in relation to your order will be re-credited to
that credit card account as soon as possible and in any event within 30
days of their order provided that the goods you wish to return are
received by Postbagsmiles.com in the condition that they were in when
delivered to you. You will be liable for any charges incurred in returning
the goods to Postbagsmiles.com.
Liability
1. This section
applies only to the extent permitted by law. For the avoidance of doubt,
Postbag Smiles.com do not exclude or limit any liability for (a) personal
injury (including sickness and death) where such injury results from
Postbag Smiles.com’s negligence or wilful default, or that of
postbagsmiles.com's employees, agents or subcontractors or (b) fraudulent
misrepresentation.
2. postbagsmiles.com
does not accept liability (except as set out below) for any errors and
omissions and reserve the right to change information, prices,
specifications and descriptions of listed goods, products and services.
3. If an error is
discovered in the price of the goods that you have ordered, we will inform
you as soon as possible. In the event that you order an item and the price
published on the Site is incorrect for any reason, we will contact you to
let you know the correct price and ask you whether you still wish us to
fulfil your order at this price. We shall be under no obligation to fulfil
an order for a product which was advertised at an incorrect price. We
shall give you the option of confirming the order at the correct price or
if you so choose, to cancel the order altogether. If you cancel and have
already paid for the goods in the circumstances described in this clause,
we shall refund the full amount in accordance with these Terms.
4. postbagsmiles.com
will do its best to correct errors and omissions as quickly as practicable
after being notified of them.
5. TO THE FULLEST
EXTENT PERMITTED BY LAW, POSTBAG SMILES.COM IS PROVIDING THIS SITE AND ITS
CONTENTS ON AN ‘AS IS’ BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL)
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH
RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS
INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, POSTBAG
SMILES.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE
VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
6. In the unlikely
event that you receive goods which were not what was ordered or which are
damaged or defective, or are of a different quantity to that stated on
order form, Postbag Smiles.com shall, at its own option, make good any
shortage or non-delivery, or refund to sender the amount they paid for the
goods in question PROVIDED THAT the sender notifies Postbag Smiles.com of
the problem in writing at the address stated in the confirmation e-mail
within 7 days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS
YOUR STATUTORY RIGHTS.
7. You and
postbagsmiles.com will only be liable under these Terms for losses which
are a reasonably foreseeable consequence of the relevant breach of
contract.
8. The products sold
on the Site are provided for private domestic and consumer use only.
Accordingly, Postbag Smiles.com do not accept liability for any indirect
loss, consequential loss, loss of data, loss of income or profit, loss of
damage to property and/or loss from claims of third parties arising out of
the use of the Site or for any products or services purchased from postbag
smiles.com.
Processing of
orders
1. When order is
received it will be acknowledged by an email, confirming details of order.
Please check these details are correct, as Postbag Smiles will deem that
you accept the order details confirmed in email are correct, unless we
hear otherwise in writing or via email, within 5 days / or within 3 days
of date of despatch (whichever is sooner).
2. Credit and Debit
cards are debited on day of order being despatched. All prices include
sales taxes (where applicable) unless otherwise stated, and UK/Channel
Islands postal delivery charges, as stated on page “Delivery charges”.
Delivery/title/risk
1. Goods will be
sent to the address given by you in your order and stated in the Order
Confirmation. Please check postcode is correct before entering it on order
form.
2. Title to any
product ordered will pass to you once postbagsmiles.com has received
payment in full for that product. Risk in any product ordered will pass
upon delivery to you.
3. Please note that
when shipping products internationally, you should be aware that
cross-border shipments are subject to opening and inspection by customs
authorities.
4. For Christmas
Deliveries, we recommend that you order by the 18th December for UK
deliveries and 5 December for European & Rest of the World deliveries. We
will endeavour to dispatch all orders within 48 hours, however we cannot
guarantee delivery on or before the 24th December as the post may be
delayed in your area.
5. For our “Gifts
from Jersey” – please note the gift may be delivered under separate cover
from greeting card, as it is despatched direct from Jersey.
6. Gifts require a
minimum of 2 days notice prior to date of despatch.
Miscellaneous
1. We shall have no
liability to you for any delay in the delivery of products ordered or any
other matters to the extent that the delay is due to any event outside our
reasonable control, including but not limited to acts of God, war, flood,
fire, labour disputes, strikes, lock-outs, riots, civil commotion,
malicious damage, explosion, governmental actions and any other similar
events.
2. We shall have no
liability (including liability for negligence) for the acts or omissions
of telecommunications service providers or for failures of, or faults in
their networks and equipment.
3. No waiver by us
of any breach of these Terms shall be considered as a waiver of any
subsequent breach of the same or any other provision.
4. You may not
permit, create unauthorized framing of, or deep linking to, the Site or
the creation of derivative works thereof from any other website under your
management or control.
5. In these Terms,
‘Intellectual Property Rights’ means patents, database rights, copyright,
design rights (whether registered or unregistered), trade marks (whether
registered or unregistered) and other similar rights, together with the
right to apply for the protection of any such rights. All Intellectual
Property Rights in the Site shall be owned by us absolutely.
6. Subject to the
licence granted to you to use the Site, PostbagSmiles.com reserves all
rights, title and interest in its Intellectual Property Rights in the
Site. Any goodwill accruing from use of Postbagsmiles.com and its
affiliates’ trade marks, trade and business names and service marks under
this Agreement will vest in postbagsmiles.com and its affiliates, as
appropriate.
7. It is a crime to
use a false name or a known invalid credit card to order. Anyone caught
wilfully entering an erroneous or fictitious order will be prosecuted to
the fullest extent of the law. postbagsmiles.com tracks the electronic
‘fingerprints’ of every order placed on postbagsmiles.com to enable us and
all legitimate crime prevention and prosecution authorities to trace
individual users engaging in criminal activities on our website.
8. We reserve the
right to terminate this Agreement and to suspend or terminate your access
to the Site immediately and without notice to you if:
a) You
fail to make any payment to us when due;
b) You breach the terms of this Agreement (repeatedly or otherwise);
c)
You attempt to make false claims as to the non-delivery of items
d) when requested by us to do so, you fail to provide us within a reasonable
time with sufficient information to enable us to determine the accuracy
and validity of any information supplied by you, or your identity;
e)
we suspect you have engaged, or about to engage, or have in any way been
involved, in fraudulent or illegal activity on the Site.
14. Postbagsmiles.com
may amend these Terms from time to time, and place the new version on the
Site. When postbagsmiles.com do so, it will mention the fact on our home
page (www.postbagsmiles.com). For users purchasing goods or registering on
the Site for the first time, all purchases from the date that the amended
terms are placed on our website onwards will be governed by those new
terms Otherwise, such changes will be effective against existing users
thirty days following posting of the amended version on the Site. Your
continued use of the Site following postbagsmiles.com’s posting of any
changes will constitute your acceptance of such changes. If you do not
agree to any changes to these Terms, then your only remedy is to cease
using the Site.
15. These Terms
supersede any and all other conditions, understandings, commitments,
agreements or representations (except fraudulent misrepresentations)
relating to your purchase, whether oral or in writing, and contain the
entire agreement between postbagsmiles.com and you relating to your
purchase. postbagsmiles.com advises that you print off and keep safe a
copy of these terms and conditions once your order has been accepted by
postbagsmiles.com. We will store a copy of the contract entered into by
you with postbagsmiles.com. You are advised to read (and are responsible
for reading) fully all information on this website.
16. If any provision
of these Terms shall be held by any competent authority to be invalid or
unenforceable in whole or in part, the validity of the remaining parts of
these Terms and the remainder of the affected provision shall be
unaffected.
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