Terms and Conditions
Terms and Conditions
We are Cygnet Gifts Limited & our registered office is: Cygnet Gifts Ltd, 29 Glebelands, Claygate, Esher, Surrey, KT10 0LF. Company Registration No: 05631309 Vat Registration No GB 892 4839 73
Please read the following terms and conditions of sale carefully before ordering products from us. By purchasing goods from us, you agree to these terms of sale. These terms do not replace or affect your statutory rights. In these terms, 'you' and 'your' refer to the customer and 'we', 'us' and 'our' refer to Cygnet Gifts Limited.
1. Order Acceptance
1.1 No contract for the sale of any product will subsist between you and Cygnet Gifts Ltd until Cygnet Gifts Ltd dispatches the product(s) ordered. We will confirm that the product(s) have been dispatched by a confirmation email. This confirmation e-mail amounts to an acceptance by Cygnet Gifts Ltd of your offer to buy goods from Play.com
1.2 Orders are subject to availability.
1.3 We will not be legally bound by any factual or typographical errors on the website or other promotional materials.
2. Price / Delivery & Returns
2.1 The price you will pay for the goods is the price on the website.
2.2 You shall be given an estimated time for delivery at the time your order is placed. If the goods are not available for delivery within 30 days of being ordered you shall be entitled to cancel your order and receive a full refund of any monies paid. Where goods become available for delivery at different times we reserve the right to deliver them in stages.
2.3 Once the goods have been delivered to you, you will hold them at your own risk and will be liable for their loss or destruction. We will not be liable for the loss or destruction of the goods once they have been delivered to you.
i) Refund/Exchange policy - If you decide to return your goods because you wish to cancel your order goods will only be eligible for a refund (excluding postage and packing and excluding return postage and packing charges) if we have been notified and they are - returned within 7 days of receipt - unused and unsoiled - in their original packaging. We recommend that you obtain a certificate of posting from the Post Office as we are not responsible for any loss or damage of returned parcels. Refunds cannot be made before the goods are received by us. Refunds will be given using the original payment method.
ii) In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Cygnet Gifts Ltd shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify Cygnet Gifts Ltd of the problem within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
2.5 Cygnet Gifts Ltd reserves the right to make a 15% restocking charge for any goods which are not returned in mint condition or to refuse to accept such goods, at its sole discretion. Cygnet Gifts Ltd also reserves the right to make a charge for collecting goods from your premises in circumstances where they are not defective but you have cancelled your order. Your statutory rights are not affected.
2.6 If you place your order online we'll send you an e-mail to let you know when we've dispatched your order. Your order should arrive within not more than 28 working days of dispatch. This maximum delivery period shall have elapsed before we will consider claims for lost in transit consignments.
2.7 All returns are payable by you unless the wrong goods are sent.
3.1 All promotions online are subject to removal without notice.
3.2 All promotions are on a 'While Stocks Last' basis.
3.3 No purchase price is guaranteed until the order is dispatched.
4. Liability and Disclaimer
To fullest extent permitted at law and except in respect of death and personal injury caused by negligence on our part or on the part of our employees we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty condition or other term or any duty at common law or under express terms of the contract for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by negligence on our part or the part of our employees or agents or otherwise) which arise from or in connection with the use of the website, the supply of goods or their use or resale by you, and our entire liability under or in connection with the contract shall not exceed the price of the goods, except expressly provided in these conditions. This does not affect your statutory rights.
5. Force Majeure
We reserve the right to delay delivery or to cancel the order or reduce the volume of the goods ordered by you (without any liability to you) if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including without limitation acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock out, strikes or other labour disputes (whether or not relating to either party's work force), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials Provided that if the event in question continues for a continuous period in excess of 14 days, you shall be entitled to give us notice in writing to terminate the order.
In the event that any clause in this contract is deemed to be unenforceable, the enforceability of any other part of these conditions will not be affected.
Cygnet Gifts Ltd may wish to update or change the terms, conditions and notices for the service provided from time to time to reflect changes in the service, changes in the laws affecting the Services, or for other good reasons. You understand that Cygnet Gifts Ltd reserves the right to make these changes and that you are responsible for regularly reviewing these terms, conditions and notices. Continued access to or use of the Services provided by Cygnet Gifts Ltd after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve Cygnet Gifts Services shall be subject to the Terms & Conditions, as modified from time to time.
8. Governing Law and Jurisdiction
This Agreement will be governed by and construed in accordance with English law
9. Cygnet Gifts Ltd possesses the right to communicate with the Client regularly via, but not limited to, electronic means and agrees to let Cygnet Gifts send them a newsletter (both electronically & by other means) with information and special offers on a regular basis until the client opts out from this.
10. Unless indicated otherwise on the relevant Order form, the Client hereby agrees to allow Cygnet Gifts Ltd to collect and process data and information regarding the Client’s use of the Service and to provide this to sub-contractors and/or companies affiliated with Cygnet Gifts Ltd for the purposes of marketing Cygnet Gifts Ltds (or Cygnet Gifts Ltds affiliated companies) services, or other related services, or for any other purpose connected with the Agreement. Cygnet Gifts Ltd will provide the Client on request with details of all such information held by Cygnet Gifts Ltd, and will modify any information that the Client advises is incorrect.
11. We reserve the right to send you promotional information from time to time unless you opt out of this or e-mail us not to do so.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.