terms and conditions
In using this site and/or purchasing goods from GiftAlien, you are agreeing to be bound by the following terms and conditions. These terms apply to your order. We may change our terms and conditions at any time, so please do not assume that the same terms will apply to future orders. These terms were last updated on Monday 14th December 2016.
This website, and the content upon it, is provided by VanActiv Ltd, a company trading in England under company number 09523563 and having a registered address of VanActiv House, 128 Grove Lane, Stockport SK8 7ND, UK. VanActiv Ltd can be contacted via our website www.vanactiv.com. For the purpose of these terms, GiftAlien and giftalien.com are synonymous with the legal entity that is VanActiv Ltd.
Making a contract with us
When you place an order with GiftAlien, you are making an offer to buy goods. Once we have checked the price and availability of the goods, we will email you to confirm that we accept your order, and that a contract has been made between us. We will not take payment from you until we have accepted your order. In the unlikely event that the goods are no longer available, or that we have made a pricing mistake, we will advise you of this. You will not receive an email confirming acceptance of your order, and there will be no contract between us.
Intellectual property rights
All content, including but not limited to text, images and videos on giftalien.com is copyright 2016 VanActiv Ltd and may not be copied or extracted by any third party person or automated system. The GiftAlien name, device and giftalien.com are all property of VanActiv Ltd and may not be used without the express written permission of VanActiv Ltd.
Import regulations and duty
The GiftAlien site is designed for use at this time by UK customers only. If you order goods from GiftAlien for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
The goods will be delivered to your delivery address specified on the order and delivery of the order shall be deemed as being complete when we deliver the goods to you. Order comprised of multiple goods will be sent in a single shipping package where possible. If any goods are not available we will contact the buyer to discuss part-delivery of goods. We shall have no liability for late delivery except where time has been made the essence of the contract and agreed by both parties in writing at the time of ordering.
If you wish to organise a return or exchange, you should follow the instructions as described on the FAQ area of our website. Upon receipt of the returned goods, GiftAlien will issue a 100% refund (minus the cost of shipping) back to the original payment method. If the original payment method is not available for some reason, you will be contacted to arrange a refund by an alternative method. Goods must be returned at your own expense unless they are being returned due to poor workmanship or because the goods are in any way faulty. This does not affect your legal rights.
Linking to giftalien.com
You may link this site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission at any time.
These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.
Where we or a Seller are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our or the Seller's reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller's workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Seller's (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
Rights of Third Parties
No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either NOTHS or the Seller) under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes the rights of NOTHS when acting as commercial agent of any Seller.
Law and jurisdiction
Contracts for the purchase of goods or services through our Site or the App shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.