Terms & conditions

  These are the Terms and Conditions for the use of this Website

1.        Definitions

In these Terms and Conditions, the following expressions shall have the following meanings:

1.1  "Gift(s)" means one or more of the Products chosen by the List Holder(s) and purchased by a Guest.

1.2  "Gift List" means the list of products compiled by the List Holder(s).

1.3  "Guest" means the person buying from the Gift List.

1.4  "List Holder(s)" means the person(s) who registered and compiled the Gift List.

1.5  "Product" means an item displayed for sale on a Gift List.

1.6  "Terms and Conditions" means these terms and conditions.

1.7  "United Kingdom" means England, Wales, Scotland and Northern Ireland.

1.8  "User 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.

1.9  "Users" means the users of the Website collectively.

1.10  "We/us" means Absolutely Yours Ltd, trading as absolutelymatanot

1.11  "Website" means the absolutelymatanot Gift List website located via a link from www.absolutelymatanot.co.uk or any subsequent URL which may replace it.

1.12  "You" means a user of this Website including, but not limited to, a Guest or List Holder.


2.         Introduction

2.1   Please read these terms and conditions carefully before using this Website.

2.2   This 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.

3.         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 with them.

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 Lists.

The Website describes the Products in more detail.

3.2   Please 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 Website

(a) You are granted access to the Website solely in accordance with these Terms and Conditions.

(b) You warrant that in using the Website:

(i) the personal information that you are required to provide in order to use the Website is true and accurate;

(ii) you 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 Conditions; and

(iii) you will not impersonate any other person or entity or use a false name or a   name you are not authorised to use.

4.2 Privacy Policy

(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 "User Information".

(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:

         processing your purchases;

         setting up and administering your Gift List;

         for statistical purposes to improve the Website and its service to you;

         to provide Website content and advertisements to you;

         to administer the Website; and

         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.

(g) Questions relating to our Privacy Policy should be directed to customerservices@absolutelymatanot.co.uk or by post at Absolutely Yours Ltd, Stirling House , Breasy Place, 9 Burroughs Gardens, Hendon, London NW4 4AU

5. Purchase of Products

5.1 Purchase acceptance policy

(a) Purchase acceptance and the completion of the contract between you and us will take place on the earlier of:

(i) despatch of the Products purchased to the List Holder(s);

or

(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 Purchase

(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.

(b)  The right to cancel your order does not apply to :

(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

(v) any 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 be received 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 here [insert hyperlink]. Please note: There 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 goods 

(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 replacement product.

(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.

5.5 Payment

(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.

(e) All 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 transaction

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.

5.7 Returns

(a) If:

(i) any 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

(iii) the 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 customerservices@absolutelymatanot.co.uk or by post at  Stirling House, Breasy Place, 9 Burroughs Gardens, Hendon, London NW4 4AU

5.8   List 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 )  in exchange for  another item, the value of which is equivalent to the price paid for the Gifts by the respective Guest.

This does not apply to: (i) personalised items;  (ii) items (such as earrings and cosmetics) that cannot be returned for hygiene reasons (unless they are faulty); (iii) all items in our " Premier Collection   " -- 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. Where the 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

6.         Security

  6.1        This is a secure site!

6.2    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 Website's servers.

6.3        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 customerservices@absolutleymatnot.co.uk .

8.      Applicability of online materials

8.1        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.   

8.3

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 other countries.

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. 

9 Linked sites  

9.1Absolutelymatanot 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.

9.2

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 customerservices@absolutelymatanot.co.uk

10  All 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.

 11 .Availability 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.

Liability

12.1      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 within it.

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 fraudulent misrepresentation

12.4    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.

12.5 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. 

 General

13.1      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.

13.2     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.

13.3    These Terms and Conditions together with the privacy policy, any order form and 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) that is not contained in the Terms and Conditions, privacy policy, order form 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.

13.4     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.

13.8    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.