Terms of Service
Terms & Conditions
“Collection Pot”, “we”, “us” or “our” refers to Collection Pot.
“Contributor” refers to any person or organisation that contributes to a Pot.
“Creator” refers to any person or organisation that creates a Pot.
“Merchant” refers to a third party provider or retailer of a Product on the Site.
“Product” refers to any physical gift, gift card or e-code listed on the Site.
“Pots” has the meaning given in clause 2.
“Recipient” refers to the individual or charity intended to receive the Pot or any Product.
“Site” has the meaning given in clause 1.
“User”, “you” or “your” refers to each Creator, Contributor, Recipient, a charity or any other person or organisation that uses or views the Site.
“Transaction Value” is the amount we will deduct from your payment card and is the total of your contribution and any voluntary top-up payment.
These terms and conditions are the basis on which we will supply products and services to you.
These terms and conditions also apply to your use of this website (develop.collectionpot.dev) and other online areas owned or operated by us, including, but not limited to associated services, applications and platforms (collectively the “Site”).
The services that we provide to you are described in more detail on the Site, and you should make reference both to these terms and conditions, and the Site, to understand the nature of the services we offer to Users.
We may update or vary these terms and conditions from time to time. Where
possible, we will do so on reasonable notice to you but we may also do so without notice where we deem necessary. Please check this page for the latest version whenever you visit the Site. The latest version of these terms and conditions will govern your use of the Site and our services.
We allow you, through the Site, to raise funds for or contribute to fundraising for individuals and charities through the use of fundraising pages (“Pots”).
Whenever you create or redeem a Pot through the Site, you will be contracting with Collection Pot Ltd, the provider of Collection Pot. Collection Pot Ltd is a limited liability company incorporated in England and Wales under company number 10554265.
Types of User
3.1 Creators, Contributors and Recipients
To create a Pot, a Creator must set up an account with Collection Pot and follow the instructions on the Site to set up the Pot. Pots can be created for personal collections or charity collections.
To contribute to a Pot, a Contributor should select a Pot and follow the instructions on Site to contribute to that Pot. The Contributor will be redirected to a secure payment page hosted by our payments processor to insert their payment details and complete their contribution.
Contributions to Pots can be made, and Pot balances will be held, in the currency we tell you about on the Site. We do not provide any currency conversion services.
For personal collections, once the closing date for contributions to a Pot has passed, the Recipient will receive an email containing instructions on how to claim their Pot. The Recipient can spend the value of their Pot on a Product or receive the value of their Pot through a bank transfer or Visa Direct payment, as set out below.
For charitable collections, once the closing date for contributions to a Pot has passed, we will validate and verify payment to the charity’s bank account or arrange payment through Visa Direct, as requested by the charity. In order to receive the value of the Pot, the charity must provide all information reasonably required by us, for example its bank account details.
Charities are listed on the Site at our discretion. A charity must have the appropriate authorisation, permit or licence to operate as a charity, as required by the local laws of the territory in which it operates.
We are not responsible for the activities of any charity or for any misuse or non-use of a contribution by a charity. After you have contributed to a charity Pot, all
further dealings are solely between you and the charity to which you donated.
If we tell you that you are required to create an account with us, then you must register for an account on the Site and choose a password to protect your account.
You are responsible for maintaining the confidentiality of your password to prevent others gaining access to your personal information. If you become aware of any unauthorised use of your account, we recommend that you change your password immediately and contact us by email at email@example.com.
Contributions to Pots
At Collection Pot we are committed to making our platform easy to use and as cost-effective as possible, so we have made our charges as transparent and simple as possible too.
When you contribute to a Pot we will charge a payment processing fee.. Our payment processing fee is currently 1.9% + 20p (1.9% + 20c in Republic of Ireland) of your Transaction Value, however we may need to change this from time to time. We will deduct the amount from your contribution and add the balance to the Pot.
You have the option to add a little extra to your contribution as a voluntary top-up payment. This voluntary top-up payment is used to cover the payment processing fee and ensures that the full value of your intended contribution is added to the Pot. Any additional amount after the payment processing fee has been covered may be used by us to contribute to the costs of the running of the Site and to ensure:
Collection Pot is available to you 24 hours a day, 7 days a week, 52 weeks of the year
Contributions to and the funds in your Pots are secure
We can constantly improve our Site and processes so that we can improve our service to you and incorporate the latest data protection, security and banking standards
We can bring you even more innovation and further improve Collection Pot for all Users
We will recommend a voluntary top-up amount that covers all of the above, but you have the option to adjust the amount. Should you adjust the voluntary top-up amount to a value which is less than the value of the payment processing fee then we will deduct the payment processing fee amount from your Transaction Value and add the balance to the Pot.
5.2 Unauthorised contributions
All contributions and top-up payments are final and not disputable unless unauthorised use of your payment card or other payment method is proven. If you become aware of fraudulent use of your card, or if it is lost or stolen, you should notify your card provider.
5.3 Recipient unable to receive the Pot
In relation to personal collections, if the Recipient dies or for some other reason is incapable of receiving the value of the Pot, we may (subject to applicable law and in our sole discretion) either reimburse the contributions to the Contributors, or make the Pot available to the Creator or another person acting on behalf of the Recipient.
In relation to charity collections, if the Recipient becomes insolvent, is dissolved, loses its authorisation, permit or licence to operate as a charity, or for some other reason is incapable of receiving the value of the Pot, we may (subject to applicable law and in our sole discretion) either reimburse the contributions to the Contributors, or make the Pot available to another charity conducting charitable activities in the same or a similar sector to the Recipient.
6.1 Product descriptions
We use all reasonable endeavours to make sure that every Product featured on the Site is shown accurately and that prices are correct. However, we or the Merchant may substitute a Product with a similar or superior Product if necessary.
The images of the Products on the Site are for illustrative purposes only. Although we have made every effort to display the Products as accurately as possible, the Product you receive may vary slightly from these images.
6.2 Ordering a Product
When you order a Product, our acceptance of your order will take place when we email you to confirm acceptance of your order, at which point a contract will come into existence between you and us.
If we accept your order we will assign an order number to your order and send this to you in a confirmation email.
From time to time, we may not be able to accept an order for the following reasons:
If, unfortunately, we do not have your chosen Product in stock
If there has been a pricing or product description error
If you do not meet any requirements set out in these terms and
Due to the Licensing Act 2003, we cannot sell alcoholic products to anyone under 18. We may refuse an order or a delivery of alcoholic items at our discretion. By placing an order for alcohol, you confirm that both you and the person the order is sent to are aged 18 years or over. If we cannot accept your order we will contact you to confirm this and will not charge your Pot for the Product.
The Site is solely for the promotion of Products in the UK and Republic of Ireland. Unfortunately we do not accept orders from or deliver to addresses outside the UK and Republic of Ireland.
Bank or card payments
7.1 Visa Direct payments
Certain Visa cardholders may be able to redeem the value of their Pot via a Visa Direct payment.
If you are eligible to and choose to redeem your Pot via a Visa Direct payment, you should select this option and follow the instructions on the Site. You will be redirected to a secure payment page hosted by our payments processor to insert your card details and complete any additional authentication steps.
7.2 Bank transfers
Whilst this is not a service we generally offer, we may, at our sole discretion, permit you (if you are a Recipient of a UK Pounds Sterling Pot) to redeem the value of your Pot via a transfer to a UK bank account.
We do not currently offer this option to recipients of personal Pots created in other currencies.
If we do permit this, then we are required to perform certain Know Your Customer (KYC) checks and will ask for copies of one item of ID documentation from each the following lists:
Proof of identity (List A):
Current passport (if it’s not a UK passport, this must be a colour copy)
Valid UK driving licence
EEA member state identity card
Proof of address (List B):
Valid UK/EU/EEA photo drivers licence (if not used from List A)
Utility bill (no more than six months old)
Telephone bill (no more than six months old)
Council tax letter (no more than 12 months old)
Bank or building society statement (no more than three months old)
Credit card statement (no more than three months old)
UK, EU, or EEA mortgage statement (no more than 12 months old)
Upon receipt of these documents, Collection Pot can, at our full discretion and subject to a charge of 5% or £5 / €5 (whichever is the lower amount) of the Pot balance, arrange a payment of the full value of the Pot or part of the value of the Pot to a UK bank account.
There will be no charge to transfer funds to the nominated and verified bank accounts of registered charities, statutory bodies and other pre-approved organisations and sports clubs.
For charities, sports clubs, community groups and associations in the Republic of Ireland, please contact us to make arrangements for funds transfer.
8.1 Ordering a Product
By placing an order for a Product, you agree to purchase the Product you have selected on the terms and conditions associated with the Product (as provided to you by us or the Merchant).
Once you have placed your order, you will receive a confirmation of the purchase and your Pot will be debited for the value of the Product. Once the purchase is confirmed the Product will be sent to you as set out below.
8.2 Prices and sales tax
The price of each Product will be the price indicated on the order page when you placed your order.
The price of each Product includes VAT at the prevailing rate (currently the standard rate is 20%).
8.3 Delivery of a gift card or e-code
Unless you request otherwise we will email the gift card or e-code to the email address provided by you or make it available for download by you as soon as possible after we accept your order.
If you request delivery of a gift card by post, we will send it to the postal address provided by you and notify you of the expected date of delivery and any postage and packaging charges. However, we do not guarantee delivery dates and times.
It is your responsibility to ensure that the email address or delivery address you provide for delivery of your gift card or e-code is correct. We will not be liable for any gift card or e-code which is not received as a result of you providing us with an incorrect email address or delivery address.
8.4 Delivery of physical gifts
During the order process, we will notify you of the dispatch dates available and the expected time frame for receiving the physical gift. We will also make you aware of any delivery charges prior to our acceptance of your order. Delivery times and charges will differ depending on which physical gift you order.
The dispatch date is the day we send the physical gift you have ordered, not the day it will be delivered. Accuracy of delivery will be greatly improved if you use a full postcode, mobile number, email and any special delivery instructions related to how the physical gift can be left at the address you have provided us for delivery.
Full Recipient information provision is essential for the delivery of fresh flowers and fresh food.
It is your responsibility to ensure that the delivery address you provide for delivery of the physical gift is correct. We will not be liable for any physical gift which is not received as a result of you providing us with an incorrect delivery address.
8.5 Postage and packaging charges
For some Products, prices are shown exclusive of postage and packaging charges. These will be shown separately at the checkout stage. In some cases, prices shown may include postage and packaging. If this is the case this will be clearly stated.
8.6 VAT receipts
Your order confirmation will contain all the necessary information to constitute a simplified VAT receipt in line with the HMRC guidelines.
Changing or cancelling an order
Orders can only be changed or cancelled if the status is on ‘Order Received’. If the status displays ‘Order Sent’ then it has already been dispatched and, unfortunately, cannot be amended or cancelled.
For most Products bought online you have a legal right under the Consumer Contracts Regulations 2013 to change your mind within 14 days of receiving the Product and receive a refund. If you choose to exercise this right after a Product has been received by you or a Recipient, you or the Recipient must post the Product back to us or (if it is not suitable for posting) allow us to collect it from you or the Recipient within 14 days of telling us you wish to do so. This does not apply to bank transfers or Visa Direct payments.
To cancel or change an order please email firstname.lastname@example.org and quote your order number. The order will only be deemed to have been cancelled once
you have received a cancellation email from us.
Returning a Product
In the unlikely event that a physical gift is faulty, or it is damaged in delivery or is the wrong item, please email email@example.com and quote your order number to let us know of the problem as soon as possible. We will then advise you on whether you are eligible for a refund or replacement.
Please note that if the Product is perishable, we need to be informed of any problem with the Product within three days of delivery to give us the best chance of resolving the issue. We will, at our discretion, consider issues raised after three days, but reserve the right to refuse a refund or replacement.
If for any reason you are not happy with your order or if a Product is damaged or fails to arrive and you wish to complain, in the first instance please email firstname.lastname@example.org. You will need to quote your order number, any email address that you have registered with us and have the details of the problem with your order to hand.
We aim to acknowledge any complaint within four hours (or the next business day where the complaint is received after 4pm or at the weekend) and will do our best to resolve it immediately. We may ask you to take a timed photograph of the product to help us communicate with our Merchants and correct any future problems. Should it be necessary, we will then advise you how to return your item.
Collection Pot’s role
Whilst we can assist with your complaint or other requests in relation to your order, Merchants are the providers of the Products listed on the Site, rather than Collection Pot. Accordingly, a contract is formed at the completion of an order between you and the relevant Merchant. We are not a party to this contract and we do not assume any responsibility arising out of or in connection with it nor are we the Merchant’s agent.
The Merchant is solely responsible for the sale of the Products and for dealing with any claims or other issues arising out of or in connection with the contract between you and the Merchant. Neither we, nor any of our affiliates, officers, employees or agents will liable for the non-performance or incorrect performance of the obligations resulting from that contract, or for any harm or losses caused to you arising out of or in connection with that contract or the Products.
Security and your privacy
Use of the Site
14.1 Your use of the Site
You may use the Site only for lawful purposes. You agree not to use the Site:
in any way that breaches any applicable law or regulation
in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect
for the purpose of harming or attempting to harm minors in any way
to bully, insult, intimidate or humiliate any person
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware
to collect any personally identifiable information, including account names, email addresses, or other such information for commercial purposes
You also agree:
that you are 16 years of age or older
that you will provide accurate information when creating a Pot or registering for our services
that you are solely responsible for your user access credentials and the activity that occurs while signed in to or while using the Site
not to reproduce, duplicate, copy or re-sell any part of the Site unless in accordance with the provisions of these terms and conditions
not to access without authority, interfere with, damage or disrupt any part of the Site, equipment or network on which the Site is stored, software used in the provision of the Site, or equipment or network or software owned or used by any third party
not to use the communication systems provided by or contacts made on the site for any commercial solicitation purposes
to follow any guidance we provide on the Site, or otherwise communicate to you, as to your use of the services
We actively review all Pots set up on the Site and therefore reserve the right to remove or edit any content posted at our discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, obscene, racist, defamatory, misleading, deceptive or otherwise inappropriate.
We reserve the right to cancel your access to the Site and delete any Pot without notice in the event you fail to comply with any of the above rules, or where we otherwise consider this is necessary to manage risk to either us or anyone else.
14.2 Access to the Site
We may from time to time provide access to the Site to you through an alternative means of access, for example through Microsoft Teams, where this is requested by you or another User.
Where this alternative means of access is provided by a third party, your use of that third party’s system and any additional services provided by them will be subject to their terms and conditions for use of their system.
15.1 Trademarks and IP rights
We are the owner or the licensee of all intellectual property rights in the Site and in the material published on it by us. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
The name “Collection Pot” is our registered trademark, and you agree not to display or use it in any manner without our prior written consent. The names Collection Pot, collectionpot.com, the Collection Pot logo and any of our other service names that we may present on the Site from time to time may not be used in connection with any product or service that is not Collection Pot’s, in any manner that is likely to cause confusion, or in any way that may disparage or discredit Collection Pot.
Other trademarks, service marks or logos that appear on the Site, including those of charities, third party providers or other organisations, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of us and, where applicable, the trademark owner.
We grant you a non-exclusive, non-transferable, royalty free licence to use our intellectual property rights for the purpose of obtaining the benefit of the services for the term of this agreement.
You grant us a non-exclusive, sub-licensable, royalty free licence to use your intellectual property rights, to the extent this is necessary for us to provide our services to you, for the purpose of delivering the benefit of the services for the
term of this agreement.
All content on the Site is owned by Collection Pot, charities, Pot creators or other third party providers, and is protected by the applicable intellectual property and proprietary rights and laws. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark or other proprietary notice, and that your usage complies with any requests you may receive from any person with rights in that content. No other use of the Site’s content is permitted without the express prior permission of us and, where applicable, the copyright holder.
If you include an image on the Site, you must ensure that you either own the copyright in that image or that you are fully licensed by the copyright owner to include that image on the Site. We reserve the right to remove any pictures, photographs, or copy from the Site at our sole discretion and without notice if their copyright status is in any doubt.
You may use and access the Site to the extent required for the use of our services in accordance with these terms and conditions, and for the purpose that we make them available. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from the Site.
You may not use any robot, spider, scraper or other automated means to access the Site for any purpose without our prior express written permission.
We disclaim all representations and warranties that the content or information on the Site is accurate, complete, up-to-date or does not infringe the rights of any third party.
Site content and service access
The Site may include information and materials uploaded by other Users of the Site. This information and these materials have not been verified or approved by us. The views expressed by other Users on our Site do not represent our views or values.
We will always try to ensure that the Site is available 24 hours a day. However, we will not be liable if for any reason the Site is unavailable at any time, or for any period.
Third party links
Occasionally, we may provide links to other websites or resources for your convenience. We do not endorse the contents of those websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to
access linked third party websites you do so at your own risk.
We exclude all representations, warranties, conditions and terms (whether express or implied) to the fullest extent permitted by law.
If we fail to comply with these terms and conditions, we will only be liable for direct losses or damage you suffer that is a reasonably foreseeable result of our materially breaching these terms and conditions or our gross negligence. We will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us.
We only provide the Site for domestic and private use. You agree not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in these terms and conditions shall exclude or limit our liability for:
death or personal injury caused by negligence
misrepresentation as to a fundamental matter
any other liability which cannot be excluded or limited under applicable law.
You will be liable to us for all claims, damages, losses and costs (including reasonable legal fees) arising out of any breach of these terms and conditions by you, or your use of the Site, or the use by any other person using your registration details.
Termination and suspension
You may discontinue use of the Site or our services at any time. These terms and conditions will continue to apply to your past use of the Site and our services.
In the event that you fail to comply with these terms and conditions, we may at our sole discretion immediately and without notice suspend or permanently deny your access to all or part of the Site and our services.
We reserve the right to modify, suspend or discontinue all or any part of the Site or our services at any time with or without notice.
If you do not redeem a Pot after the closing date for contributions has passed, we
will make reasonable attempts to send you reminders about the value of the Pot.
If a period of six months passes after the closing date for contributions has passed and you have not placed any orders or there is still an open balance on the Pot, and we have not agreed an extension to the time limit for redeeming the Pot, we will assume that you no longer wish to use the Pot and the Pot will expire.
Competitions & Promotions
On occasion we may stage promotions and run competitions. You should check the terms and conditions which apply to a promotion or competition before entering.
If you contribute to a charity Pot on the Site you should confirm whether you are a UK taxpayer in accordance with the requirements of the Gift Aid scheme as they apply from time to time. If you confirm that you meet these requirements, you can elect for the charity to reclaim Gift Aid under the UK government’s Gift Aid scheme.
Charities must be registered with the Charity Commission or be exempt from registration to reclaim Gift Aid. Pots which relate to not-for-profit and other similar organisations are not eligible for Gift Aid reclaim and any contributions to these Pots are not tax deductible.
We may transfer our rights and obligations under these terms and conditions to another organisation.
You may only transfer your rights or obligations under these terms and conditions to another person if we agree to this in writing.
23.2 Third party rights
This contract is between you and us. No other person shall have any rights to enforce any of these terms and conditions.
If any of these terms and conditions are found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable.
23.4 No waiver
No waiver by us of any term contained in these terms and conditions shall be deemed to be continuing or shall be deemed to be a waiver of any other term.
23.5 Governing law and jurisdiction
These terms and conditions will be interpreted and construed in accordance with
the laws of England and Wales and will be subject to the exclusive jurisdiction of the English Courts.
Updated 1st September 2022