List Terms & Conditions
These are the Terms and Conditions for the use
of this Website
In these Terms and
Conditions, the following expressions shall have the following meanings:
means one or more of the Products chosen by the List Holder(s) and purchased by
List" means the list of products compiled by the List Holder(s).
means the person buying from the Gift List.
Holder(s)" means the person(s) who registered and compiled the Gift
means an item displayed for sale on a Gift List.
and Conditions" means these terms and conditions.
Kingdom" means England, Wales, Scotland and Northern Ireland.
Information" means information about you, such as your computer's IP
address, your browser type, the country and area code from which your computer
is calling, the webpages you viewed, the advertisements you selected, and any
search terms that you entered on the Website.
means the users of the Website collectively.
means Absolutely Yours Ltd, trading as absolutelymatanot
means the absolutelymatanot Gift List website located via a link from
subsequent URL which may replace it.
means a user of this Website including, but not limited to, a Guest or List
read these terms and conditions carefully before using this Website.
Website is operated by Absolutely Yours Ltd, trading as absolutelymatanot
(‘absolutelymatanot’, ‘we’, ‘us’ or ‘our’). Absolutely Yours Ltd is a limited
liability company registered in England and Wales under number 7274399 and the
registered office is situated at Battle House, 1 East Barnet Road, Barnet,
Hertfordshire EN4 8RR, United Kingdom.
2.3 In particular, we draw your
attention to clauses 8 (Applicability of online materials) and 11 (Liability).
By accessing or using this website (‘the Website’), you agree to be legally
bound by these terms and conditions, as they may be modified and posted on the
Website from time to time.
2.4 If you do not wish to be bound
by these terms and conditions, then you may not use the Website.
Nature of the Website
3.1 Absolutelymatanot Gift List is
a service run from the Website and by telephone. List Holders register and
compile Gift Lists using the Website or by telephone. When Guests purchase from
the Gift List, we endeavour to source and collate Gifts, delivering them to the
List Holder(s) at a date or dates (and, so far as practicable, a time) agreed
In addition to
allowing List Holders to compile their Gift List online, the Website allows
List Holders to view the progress of their Gift List (which of the Gifts have
been purchased and by whom) and allows Guests to purchase Products from Gift
The Website describes
the Products in more detail.
note that the Website may only be used for the purchase of Products by
individuals (List Holders and Guests) who can form legally binding contracts
under applicable law. You must therefore be over eighteen (18) years to compile
a Gift List and/or purchase Products from the Website, using one of the payment
methods displayed on the Website.
4. Use of the Website
4.1 Access to the
(a) You are granted
access to the Website solely in accordance with these Terms and Conditions.
(b) You warrant that
in using the Website:
personal information that you are required to provide in order to use the
Website is true and accurate;
will notify us immediately of any changes to such personal information by
contacting us. Contact details can be found in paragraph 13 of these Terms and
will not impersonate any other person or entity or use a false name or a
name you are not authorised to use.
(a) We will treat
your personal information as confidential, although we reserve the right to
disclose information in certain circumstances as set out elsewhere in these
Terms and Conditions. We will keep your personal information secure, and we
will fully comply with all applicable legislation from time to time in place in
respect of such matters as consumer protection and data protection.
(b) When you
compile a Gift List or shop on the Website, we will ask you to input, and we
will collect, personal details from you such as your name, email address, home
address, billing address, delivery address (if different to home address and/or
billing address), telephone number(s), Gift selections and credit card or other
payment information. We may also collect, and our third party providers of
advertisements and content may collect, other information about you (for
example, the URL you came from, the IP address of your computer, your browser
type, indication of where your computer is located geographically, the pages of
the Website which were viewed during your visit, the advertisements (if any)
you clicked on, and any search terms that you entered on the Website). Such
information is referred to collectively as
(c) Any personal
information you provide to us (whether through the Website or otherwise), or
that is available on public registers, and any User Information from which we
can identify you, is held in accordance with our registration with the
Information Commissioner under the Data Protection Act 1998. We will use your
information only for the following purposes:
setting up and
administering your Gift List;
purposes to improve the Website and its service to you;
to provide Website
content and advertisements to you;
to administer the
if you consent, to
notify you of products or special offers that may be of interest to you.
(d) You agree
that you do not object to us contacting you for any of the above purposes
whether by telephone, email or in writing and you confirm that you do not and
will not consider any of the above as being a breach of any of your rights
under the Telecommunications (Data Protection and Privacy) Regulations 2003.
(e) Your personal
details may be disclosed to other businesses and to reputable third parties
whose involvement is necessary to process your purchase. We require all such third
parties to treat your personal information as confidential and to fully comply
with all applicable United Kingdom consumer protection and data protection
laws. We will not release your personal details to any other business for
mailing or marketing purposes.
(f) We may
disclose your personal information or User Information where we are required or
permitted by law to do so. In particular, we may share your personal
information or User Information where we reasonably believe that to do so may
prevent or solve crime.
or by post
at Absolutely Yours Ltd,
, Breasy Place, 9 Burroughs Gardens, Hendon, London
5. Purchase of
acceptance and the completion of the contract between you and us will take
place on the
(i) despatch of
the Products purchased to the List Holder(s);
(ii) our placing an
order for the Product(s) in question with our supplier
unless we have
notified you that we do not accept your purchase or you have cancelled it in
accordance with the instructions below.
(b) If there are
any problems with your purchase, we will contact you.
(c) We are
entitled to refuse any order placed by you. If your order is accepted, we will
confirm acceptance to you by online electronic means (‘Confirmation’) to the
email address you have given us on registration or on ordering. The order will
then be fulfilled by the date set out in the Confirmation or, if the
Confirmation does not contain such a date, within thirty (30) days.
5.2 Cancellation of
(a) Where you
purchase a Gift from a Gift List over the telephone or on the Website, you have
a statutory right to cancel your order and receive a full refund for any item
under the Consumer Protection (Distance Selling) Regulations 2000, except as
provided in paragraph 5.2 (b) below.
The right to cancel your order does
(i) personalised items
(ii) items in our "Premier Collection" and any
other items that have been made to order and that we cannot ourselves return –
these items will be indicated as such on the Website; and
other items that are excluded from the right to cancel by virtue of the Consumer
Protection (Distance Selling) Regulations 2000 (as amended from time to time).
(c) Subject to
the above exceptions, you may cancel your order by letter or email which must
by us during the cancellation period, which ends on
the expiry of the period of 7 working days (i.e. excluding Saturdays, Sundays
and public holidays) beginning with the day after the day on
which the List Holder receives the Gifts in question. Items must have been
treated with reasonable care and should not have been used. You will be
responsible for the cost of returning Gifts following the cancellation of your
order. We will not be responsible if the List Holder(s) do not wish the item to
be returned and, unless the item is returned under the conditions set out above,
we will not give a refund. Contact details can be found in paragraph 13 of
these Terms and Conditions.
5.3 Description of
Products and pricing
(a) We will take
all reasonable care to ensure that all details, descriptions and prices of
Products appearing on the Website are correct at the time when the relevant
information was entered onto the system.
(b) All prices on
the Website are in pounds sterling. The price of any Product is the price in
force at the date and time of your order. We may change the price of any
Product before you place an order. We try to ensure that our prices displayed
on the Website are accurate but the price on your order will need to be
validated by us as part of the acceptance procedure. We will inform you if a
Product’s correct price is higher than that stated in your order and you may
cancel the order and decide whether or not to order the Product at the correct
price. The prices are inclusive of applicable taxes but exclusive of delivery
costs. For details of delivery costs, please click
are no delivery charges to addresses within the United Kingdom. Items in our
"Premier Collection" are made to order and clearly
indicated as such on the Website – delivery times for these items will vary, so
please contact Customer Services for more details.
5.4 Availability of
(a) If the Gift
you purchase is unavailable for any reason, we will contact you and offer you
the opportunity to choose another Product. You will be charged the cost of the
(b) Any times or
dates stated on the Website for delivery are estimates only. We will make all
reasonable efforts to deliver goods within the time specified, but we do not
accept liability for any failure to deliver within that time.
(a) We will take
reasonable care, in so far as it is in our power to do so, to keep the details
of your purchase and payment secure, but, in the absence of negligence on our
part, we will not be liable for any loss you may suffer if a third party
procures unauthorised access to any data you provide when accessing or ordering
from the Website.
(b) By making an
offer to buy a Product, you specifically authorise us to transmit information
(including any updated information) or to obtain information about you from
third parties from time to time, including, but not limited to, your debit or
credit card number or credit reports, to authenticate your identity, to validate
your credit card, to obtain an initial credit card authorisation and to
authorise individual purchase transactions.
(c) We accept
payment by most major credit and debit cards. Payment is taken once we have
established that we can fulfil your order, and checked details and stock
availability. Some Products are made to order and/or personalized. Payment for
such Products is taken once we have placed the order for such Products with our
supplier, having established that our supplier is willing to accept the order.
(d) You confirm
that the card being used is issued to and held by you.
cardholders are subject to validation checks and authorisation by the card
issuer. If the card issuer refuses to or does not, for any reason, authorise
payment to us, we will not be liable for any delay or non-delivery of the
Gift(s) to the List Holder(s).
5.6 Refusal of
We may refuse to
process a transaction for any reason or refuse service to anyone at any time at
our sole discretion. We will not be liable to you or any third party by reason
of so refusing or by reason of unwinding or suspending any transaction after
processing has begun.
Product delivered is not what was ordered, or does not correspond with its
description on the Website;
(ii) the Product
delivered is not of a satisfactory quality; or
Product is not fit for any other purpose for which you have bought it and you
notified us of this purpose before purchase, and we have not informed you that
the Product is not fit for that purpose;
then we will deliver
to the List Holder a replacement Product if that will resolve the problem, or
refund to you the price paid and the reasonable costs of returning the Product.
(b) A full refund
is available, subject to these Terms and Conditions, only for the original
purchaser of any Product.
(c) You or the
List Holder are responsible for any returned goods until they reach us and we
strongly recommend that you or the List Holder obtain proof of posting and
adequate insurance to cover value of the items. Returned goods must be in
pristine condition with packaging intact.
(d) If you have
any complaints, you should direct them to us via email at
or by post at
Stirling House, Breasy Place, 9 Burroughs Gardens,
Hendon, London NW4 4AU
Holder’s Entitlement to Return Products and Cancellation of Gift List
(a) In certain
circumstances, we may in our discretion allow the List Holder to return Gifts (
up to 10% of the total
value of your gift list )
exchange for another item, the value of which is equivalent to the price
paid for the Gifts by the respective Guest.
items (such as earrings and cosmetics) that
cannot be returned for hygiene reasons (unless they are faulty);
(iii) all items in our "
" -- these are items that have been made
to order that we cannot ourselves return, and these items will be clearly
indicated as Premier Collection items on the Website
(b) If the List Holder wishes to return any
gift, the List Holder should contact us initially by telephone or by e-mail to
request authorisation, which request must be confirmed in writing (including by
e-mail) and will only be considered granted when authorisation is confirmed in
writing by us.
(c) In other
circumstances (including, without limitation, the situation where we are unable
to obtain the Gift for reasons beyond our control) we may substitute a Gift
with absolutelymatanot gift vouchers of equivalent value to the price paid for
the Gift by the Guest. If this becomes necessary, we will discuss it with the
List Holder before making the substitution.
(d)If the List Holder needs to cancel a Gift
List for any reason, the List Holder must let us know as soon as possible. This
will enable us to close the Gift List to prevent further purchases being made
and to discuss how the List Holder would like the Gift List (and any Gifts that
have already been purchased) to be dealt with.
The cancellation of a
Gift List must be confirmed in writing, in order to take effect.
List Holder constitutes more than one person, we can only act upon the written
instructions of both or all of such persons.
or by post to
Stirling House, Breasy Place, 9 Burroughs
Gardens, Hendon, London NW4 4AU
This is a secure site!
Our Secure Sockets Layer (SSL) software is
the industry standard and among the best software available today for secure
online commerce transactions. It encrypts all of your personal information,
including credit card number, name, and address, so that it cannot be read as
the information travels over the internet. SSL is the gold standard in internet
encryption technology, which is a fancy way of saying that it's a highly
sophisticated method of scrambling data as it travels from your computer to the
You are solely responsible for protecting the confidentiality of any username,
email verification and passwords for use on the Website. You may not share
these with or transfer them to any third parties. You must notify absolutelymatanot
immediately of any unauthorised use of them or any breach of security regarding
the Website that comes to your attention
7.Copyright and monitoring
The contents of the
Website are protected by international copyright laws and other intellectual
property rights. The owner of these rights is Absolutelymatanot, our affiliates
or other third party licensors. All product and company names and logos
mentioned in the Website are the trade marks, service marks or trading names of
their respective owners, including us. You may download material from the
Website for the sole purpose of placing an order with Absolutelymatanot or
using the Website as a shopping resource. However, you may not modify, copy,
reproduce, republish, upload, post, transmit or distribute, by any means or in
any manner, any material or information on or downloaded from the Website
including but not limited to text, graphics, video, messages, code and/or
software without our prior written consent, except where expressly invited to
do so, for example in order to complete any test or questionnaire.
In addition to anything else specifically mentioned in
these Terms and Conditions, we may use your Personal Information for future
email mailings, support, notification of new products or services or new
versions, general correspondence regarding the products and services, and
correspondence which may relate to you. If you would rather not receive future
marketing emails from us, please inform us by email at
Applicability of online materials
Unless otherwise specified, all content and materials published on the Website
are presented solely for your private, personal and non-commercial use
8.2 The Website is
controlled and operated by us from our offices in England. Where content
published on the Website is supplied by third parties, you understand that we
do not control or endorse such content in any way. All content which is offered
by third parties that are not affiliated with or otherwise connected with us,
is published in good faith but we do not (to the extent permitted by applicable
law) accept responsibility for the accuracy or otherwise of such content
(whether published online or offline) and the use of such content, except for
content which relates directly to Products you purchase. You assume total
responsibility and risk for your use of the Website and use of all information
contained within it.
We have used our best
endeavours to ensure that the Website complies with UK laws. However, we make
no representations that the materials on the Website are appropriate or
available for use in locations outside the UK. Those who visit the Website from
other locations do so on their own initiative and are responsible for
compliance with all applicable laws. If use of the Website and/or viewing of
it, or use of any material or content on the Website or services, or products
offered through the Website are contrary to or infringe any applicable law in
your jurisdiction(s), you are not authorised to view or use the Website and you
must exit immediately.
8.4 We make no
representations and give no warranties, express or implied, that making the
Products available in any particular jurisdiction outside the UK is permitted
under any applicable non-UK laws or Regulations. Accordingly, if making the
Products or any part available in your jurisdiction or to you (by reason of
nationality, residence or otherwise) is prohibited, those Products are not
offered for purchase by you. You accept that if you are resident outside the
UK, you must satisfy yourself that you are lawfully able to purchase the
Products. We accept no liability, to the extent permitted by applicable law,
for any costs, losses or damages resulting from or related to the purchase or
attempted purchase of the Products by persons in jurisdictions outside the UK
or who are nominees of or trustees for citizens, residents or nationals of
You agree to fully
indemnify, defend and hold harmless us and our officers, directors, employees,
agents and suppliers, immediately on demand, from and against all claims,
liability, damages, losses, costs and expenses, including legal fees, arising
out of any breach of these Terms and Conditions by you or any other liabilities
arising out of your use of the Website.
make no representations whatsoever about any other websites which you may
access through the Website or which may link to the Website. When you access
any other website, you understand that it is independent from absolutelymatanot
and that we have no control over the content or availability of that website.
In addition, a link to any other website does not mean that absolutelymatanot
endorses or accepts any responsibility for the content, or the use of such a
website and absolutelymatanot shall not be liable for any loss or damage caused
or alleged to be caused by or in connection with use of or reliance on any
content, goods or services available on or through any other website or
resource. Any concerns regarding any external link should be directed to its
website administrator or web master.
If a list Holder is
introduced to absolutelymatanot Gift List through a charity newsletter, e-mail,
announcement or other communication from a charity, and notifies us of this,
with details of the charity in question, when compiling the List Holder’s Gift
List, then the charity in question will receive a donation from us based on the
total value of Gifts purchased from the Gift List in question. The basis for
calculating such donation may vary from time to time in our absolute
discretion, and for details of the current basis, please e-mail us at
Gifts are gift packaged for safety and security. If any Gift is delivered to
the List Holder in a damaged condition, the List Holder must notify us immediately,failing
which the List Holder will be deemed conclusively to have accepted such Gift.
of the Website
We will try to make
the Website available but cannot guarantee that the Website will operate
continuously or without interruptions or be error free and can accept no
liability for its unavailability. You must not attempt to interfere with the
proper working of the Website and, in particular, you must not attempt to
circumvent security, tamper with, hack into, or otherwise disrupt any computer
system, server, website, router or any other Internet connected device.
We promise that for any Product you purchase from the Website:(a) we have
the right to sell the Product to you;(b) the Product will correspond with
the description we have given to you;(c) the Product will be of
satisfactory quality; and(d) will be fit for any other purpose for which
you have bought it and you notified us of this purpose before purchase, and we
have not informed you that the product is not fit for that purpose. Subject to
this, however, Products are not sold as being fit for any particular
application or for use under specific conditions, unless expressly agreed in
writing. We also promise that any service we provide to you will be provided
with reasonable skill and care. We exclude all other express or implied terms,
conditions, warranties, representations or endorsements whatsoever with regard
to any products (including without limitation the Products), the Website or any
information or service provided through the Website. We will do our best to
ensure that all materials and information published on the Website are
accurate, but please note that all content, materials and information on the
Website are provided on an ‘as is’ basis and you assume total responsibility
and risk for your use of the Website and use of all information contained
12.2 We accept no
liability for any indirect or consequential loss or damage, or for any direct
or indirect loss of data, profit, revenue or business in each case, however
caused, even if foreseeable. In circumstances where you suffer loss or damage
arising out of or in connection with the viewing, use or performance of the
Website or its contents other than as a direct result of purchasing Products
(which shall be subject to the exclusions and limitation of liability set out
in these terms and conditions), we accept no liability for this loss or damage
(except where we have been negligent) whether due to inaccuracy, error,
omission or any other cause and whether on the part of Absolutelymatanot or our
servants, agents or any other person or entity.
12,3 If we are liable
to you for any reason, our liability will be limited to twice the amount paid
by you for the Product concerned. This limit does not apply to any liability we
may have for death or personal injury resulting from our negligence or for our
You are responsible for ensuring that your computer system meets all relevant
technical specifications necessary to use the Website and is compatible with
the Website. You also understand that we cannot and do not guarantee or warrant
that any material available for downloading from the Website will be free from
infection, viruses and/or other code that has contaminating or destructive
properties. You are responsible for implementing sufficient procedures and
virus checks (including anti-virus and other security checks) to satisfy your
particular requirements for the accuracy of data input and output.
The limitations and exclusions in this clause do not
affect your non-excludable statutory rights and only apply to the extent
permitted by applicable law.
We may, but you may not, assign any rights and/or transfer, sub-contract or delegate
any obligations under these Terms and Conditions, and/or charge or deal in any
other manner with these Terms and Conditions or any of our respective rights or
obligations. Any purported assignment, transfer, sub-contracting, delegation,
charging or dealing in contravention of this clause shall be ineffective.
These Terms and Conditions are personal to you and are entered into by you for
your own benefit and not for the benefit of any third party. We may alter these
Terms and Conditions from time to time and post the new version on the Website,
following which all use of the Website will be governed by that version. You
must check the Terms and Conditions on the Website regularly.
payment method instructions, if any, are the whole agreement between you and
Absolutelymatanot. You acknowledge that you have not entered into this
agreement in reliance upon any statement, warranty or representation made by
Absolutelymatanot or any other person and you irrevocably and unconditionally
waive any rights to claim damages and/or to rescind these Terms and Conditions
by reason of any misrepresentation (other than a fraudulent misrepresentation)
and payment method instructions If any provision or term of these Terms and
Conditions shall become or be declared illegal, invalid or unenforceable for
any reason whatsoever, such term or provision shall be divisible from the other
terms and conditions and shall be deemed to be deleted from them.
These terms and conditions and your use of the Website are governed by English
law and you submit to the non-exclusive jurisdiction of the English courts.
13.5 Except in respect
of a payment obligation, neither you nor Absolutelymatanot will be held liable
for any failure to perform any obligation to the other due to causes beyond
your or Absolutelymatanot’s respective reasonable control.
13.6 Failure or delay
by either party enforcing an obligation or exercising a right under these Terms
and Conditions does not constitute a waiver of that obligation or right.
13.7 These Terms and Conditions do not confer
any rights on any person or party (other than you and/or us) pursuant to the
Contracts (Rights of Third Parties) Act 1999.
Headings are used in these Terms and Conditions for convenience only and shall
not be incorporated into these Terms and Conditions and shall not be deemed to
be any indication of the meaning of the paragraphs to which they relate.