Terms & Conditions Giftmania

1 Definitions

1.1         'Buyer': means the person who buys or agrees to buy the goods from the Seller
1.2         'Conditions': means the terms and conditions of sale set out in this document
1.3         'Delivery Date' : means the date specified by the Seller when the goods are to be delivered
1.4         'Goods' : means the articles which the Buyer agrees to buy from the Seller
1.5         'Price' : means the price for the Goods excluding carriage packing insurance and VAT
1.6         'Seller’ : means Giftmania

 

2 Conditions applicable
2.1         These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document
2.2         All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3         Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.
2.4         Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5         The Seller reserves the right to supply up to a maximum of 5% over or under the order quantity if circumstances arise that they have no direct control over. 

 

3 The Price and payment
3.1         The Price shall be the Seller's quoted price at the date of despatch. The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Seller's invoice.
3.2         Payment of the Price and VAT shall be due 30 days from date of invoice.
3.3         Interest on overdue invoices shall accrue from the date when payment becomes due from 60 days until the date of payment.

 

4 The Goods
The Seller may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.

 

5 Warranties and liability
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods and whether implied by statute or common law or otherwise are excluded.

 

6 Delivery of the Goods
6.1         Delivery of the Goods shall be made to the Buyer's nominated address on the Delivery Date. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.2         The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all. If Goods do not arrive within 7 days from the stated invoice despatch date the Buyer shall forthwith notify the Seller in writing.
6.3         Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within two months of the Delivery Date.

 

7 Acceptance of the Goods
7.1         The Buyer shall be deemed to have accepted Goods 5 working days after delivery to the address nominated by the Buyer.
7.2         After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
7.3         The Buyer must note any claim for short delivery and/or damage to Goods in transit on the delivery note. The Buyer should further confirm such claims in writing to the Seller within 7 working days.
7.4         Compliance with clause 7.3 shall be a condition precedent to any claim by the Buyer for short delivery and/or damaged Goods.

 

8 Title and risk
8.1         Risk shall pass on delivery of the Goods.
8.2         In spite of delivery having been made property in the Goods shall not pass from the Seller until the Buyer has paid all monies plus VAT (if applicable) in full.
8.3         Until property in the Goods passes to the Buyer in accordance with clause 8.2 the Buyer shall hold the Goods on a fiduciary basis as bailee for the Seller. The Buyer shall store the Goods (at no cost to the Seller) separately from all other goods in the Buyer’s possession and marked in such a way that they are clearly identified as the Seller’s property.
8.4         Notwithstanding that the Goods remain the property of the Seller the Buyer may sell or use the Goods in the ordinary course of business at full market value for the account of the Seller. Any such sale or dealing shall be a sale or use of the Seller’s property by the Buyer on the Buyer’s own behalf and the Buyer shall deal as principal when making such sales or dealings. Until property in the Goods passes from the Seller the entire proceeds of sale of the Goods shall be held in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Seller’s money.
8.5         Until such time as property in the Goods passes from the Seller the Buyer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to the Seller. If the Buyer fails to do so the Seller may enter upon any premises owned occupied or controlled by the Buyer where the Goods are situated and repossess the Goods. On the making of such request the rights of the Buyer under clause 8.4 shall cease.
8.6         The Seller shall be entitled to recover the Price plus VAT notwithstanding that property in any of the Goods that has not passed from the Seller. This will include being able to invoice the end user directly if the original customer has gone into financial receivership or liquidation and payment from them is going to be extremely unlikely.

 

9- Returns

  • To return product for defects, incorrect orders, incorrect shipments, or any other reason, a Return Authorization (RA) is required. Please notify our Customer Service department to request a Return Authorization.
  • Printed orders without quality problems can never be returned.
  • Stock clearance items & discounted products (meaning selling price is at least 15% lower than the price shown online) can never be returned.
  • Please provide information regarding the nature of the problem, the invoice number under which the merchandise was purchased and the date of the invoice of the product in question.
  • A Return Authorization number may only be used one time and only for the items and quantities specified under the RA.
  • Returns will not be authorized for merchandise shipped more than 30 days prior to notification
  • Giftmania will NOT accept or process any returns made without proper authorization.
  • Product must be returned in its original packaging and both product and packaging must be in good condition.
  • A 15% restocking charge may be applied to any returned product that proves to be free of defects in material, ordered in error.
  • Products deemed to be beyond the warranty date, totally used, not ours, or for which credit is not to be issued will be held for 14 days. Customers will be contacted and may request return shipment at their own expense.
  • All decisions made by Giftmania on returned products are final.
  • Special orders for non-standard products may not be returned for credit.
  • Orders shipped from Poland can only be returned if accepted by Polyconcept, if not printed and upon paying freight from Poland to Dubai, clearance and duty costs, and paying freight back to Poland, restocking fee of 15% will apply on all Poland returns.
  • Credits issued for any reason are valid for one year from date issue. Unused credits past that period will be removed from your account.

 

 

10 Proper law of contract
This contract is subject to the law of England and Wales.

 

11 Credit Card payments

  • We accept payments online using Visa and MasterCard credit/debit card in AED (or any other agreed currency)
  • All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties. 
  • The Website Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Therefore the Customers’ are encouraged to frequently visit these sections in order to be updated about the changes on the website. Modifications will be effective on the day they are posted.
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  • Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.
  • United Arab of Emirates is our country of domicile.
  • Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.
  • If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection. 
  • The cardholder must retain a copy of transaction records and Merchant policies and rules.
  • www.giftmania.com will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE”.
  • Multiple shipments/delivery may result in multiple postings to the cardholder’s monthly statement
  • Refunds will be done only through the Original Mode of Payment.