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Terms of Service

Terms & Conditions of Use

  1. Overview

These terms and conditions apply to the use of this website, www.collectionpot.com and other online areas owned or operated by us, including, but not limited to associated Services, Applications and Platforms, such as mobile phone and other apps (collectively the “Site”). By visiting collectionpot.com setting up a Collection Pot, and by placing an order, you confirm that you have read these terms and conditions and agree to adhere to them in their entirety. If you do not agree to these terms and conditions, you must not use the Site. We may update or vary our terms and conditions from time to time, so please check this page for the latest version whenever you visit collectionpot.com. We can also update and vary the terms and conditions by notice on other pages of the Site. You will be able to access some areas of collectionpot.com without registering your details with us. Other areas are only open to you if you register.

  1. About us

Whenever you buy a product or set up a Collection Pot through the Site, you will be contracting with Gifted To You Ltd, the parent company of Collection Pot, a limited liability company incorporated in England and Wales under company number 10554265. Collection Pot is a registered trademark.

  1. 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.

We charge a payment processing fee of 1.9% + 20p of your contribution and we deduct this amount, with the balance going into the recipient’s Collection Pot.

You also have the option to add a little extra to your contribution, to cover the fees and ensure that the full value of your intended contribution is added to the recipient’s Collection Pot.

All contribution and voluntary top-up payments are non-refundable.

Your top-up contributions help to ensure:

  • Collection Pot is available to you 24 hours a day, 7 days a week, 52 weeks of the year
  • Keeping donations and the funds in your Pots secure
  • Constantly innovating and improving our platform and processes so that we can improve our service to you and incorporate the latest data protection, security and banking standards.
  • Ensuring that we continue to support charities by not charging to process Gift Aid or make any other charges for charities to be featured on Collection Pot.

 

  1. Redemptions

4.1 Gift descriptions

We use all reasonable endeavours to make sure that every gift, gift card and digital card featured on the Collection Pot catalogue is shown accurately and that prices are correct. However, we may substitute a product or an item with a similar or superior item. Collection Pot disclaims 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.

4.2 Redeem your pot

When you redeem your pot with us (by choosing an item and completing our online checkout process) we will send the Collection Pot recipient an acknowledgement by email. This will detail the products ordered. A ‘purchase contract’ between you and collectionpot.com is made at the point of dispatch, rather than at the point of payment. If you have cancelled your order, or if we notify you that we cannot accept your order, then no purchase contract will have been made. From time to time, we may not be able to accept an order for the following reasons:

  1. If, unfortunately, we do not have your chosen goods in stock
  2. If there has been a pricing or product description error
  3. If you do not meet any eligibility criteria set out in our terms and conditions. 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. We reserve the right to cancel your order at any time and issue a full refund. This does not affect your statutory rights.

4.3 Ordering multiple products

Multiple items can be ordered at the same time and will be dispatched on the same day, but may arrive in separate packages.

  1. Supply of gift cards or e-codes.

By placing an order for a given gift card, you agree to purchase the gift card you have selected on the terms, restrictions and conditions associated with the gift card provider or retailer. Once you’ve placed your order, you will receive a confirmation of the purchase and your Collection Pot will be debited for the amount of the paid gift card value. Once the purchase is confirmed the gift card or code will be sent to the selected recipient.

5.1 Merchant Responsibility

Collection Pot markets gift cards and e-codes and acts as an agent in selling the gift cards on behalf of the Merchants. But the Merchant is the issuer of the gift card. As issuer of the gift card, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from un redeemed or partially redeemed gift cards. By purchasing a gift card, a customer acquires the right to redeem a gift card issued by the participating Merchant and to use the gift card according to its terms and the terms of this Agreement.

5.2 The gift card and Expiry Date

Each gift card or e-code is of a specific value.

The expiration date may differ for each retailer, please check for specific terms and condition for each this information can be found via the retailers or merchants own website.

5.3 Gift Card Specific Terms

Each gift card can come with specific terms associated with the gift card, the terms and conditions of each retailer can be found within the Collection Pot redemption catalogue, which will be presented to you at the time you commit to purchase the particular gift card and in connection with the gift card after it has been distributed. Gift card specific terms supersede any inconsistent terms in these terms and conditions, except to the extent such terms are prohibited by applicable law.

5.4 Global Terms

Unless otherwise stated on the gift card  or e-code, or required by law, the following additional terms apply to all gift cards:

  • No cash back will be issued for partial redemption of the paid portion of a gift card, except as required by law
  • No cash back or credit will be issued for partial redemption of the promotional portion of a gift card
  • Use of a gift card for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable state or provincial law), unless otherwise noted on the gift card
  • Gift cards cannot be used for taxes, tips, prior balances, shipping or handling as applicable
  • Neither Collection Pot nor the Merchant is responsible for lost or stolen gift cards or gift card reference numbers
  • Duplicate use, sale or trade of a gift card is prohibited, except as required by law.

5.5 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.
  • To cancel or change an order please email orders@collectionpot.com and quote your order number. The order will only be deemed to have been cancelled once you have received a cancellation email from us

 

  1. Supply and pricing of physical gifts

6.1 Supply of Gifts

Some of the gifts and products sold on our website are manufactured and shipped from a range of different in-house and third-party facilities based in the UK on behalf of Collection Pot.

6.2 Prices and sales tax

The prices of goods shipped include VAT at the prevailing rate (Currently the standard rate is 20%).

6.3 Postage and packaging charges

For some items, 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.

6.4 VAT receipts

Your order confirmation will be dispatched to the Collection Pot recipient, this contains all the necessary information to constitute a simplified VAT receipt in line with the HMRC guidelines.

6.5 Delivery

We know just how important it is that your gifts arrive on time for that special occasion. During the order process, Collection Pot will notify you of the dispatch dates available and the expected time frame for receiving your order. We will also make you aware of any delivery charges prior to the acceptance of your order. Delivery times and charges will differ depending on which products you order. More details are set out below.

6.6 Important general delivery information

The dispatch date is the day we send the item you have ordered, not the day it will be delivered. Accuracy of delivery will be greatly improved if you use a full post code, the recipient mobile number, email and any special delivery instructions related to how goods can be left at the premises. Full recipient information provision is essential for the delivery of fresh flowers and fresh food. If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which are not received.

6.7 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.

To cancel or change an order please email orders@collectionpot.com and quote your order number. The order will only be deemed to have been cancelled once you have received a cancellation email from us.

6.8 Returns or refund

In the unlikely event that a physical gift is faulty, or it is damaged in delivery or is the wrong item, we ask you to contact us 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.

If for any reason you are not happy with your order, in the first instance please contact our Customer Service Team on orders@collectionpot.com. You will need to quote your order number, your email address that you have registered with us and have the address and details of the problem with your order to hand. We aim to acknowledge any complaint within 4 hours 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 suppliers and correct any future problems. Should it be necessary, we will then advise you how to return your item, which will be at our cost.

Please note: if the goods are perishable, we need to be informed of any problem with your order 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.

6.9 Product complaints

If the recipient receives damaged goods or they fail to arrive, please contact us in the first instance so that we can assist with your query. However full liability and agreement on replacement or refund of any items will be agreed directly with the relevant retailer/supplier.

  1. Security and your privacy  

Our approach to security and privacy is outlined in our Privacy policy and forms part of these terms.

  1. Use of the website

8.1 Abuse of service

You agree not to use collectionpot.com directly or indirectly for any unlawful purpose, or to cause distress or offence to any person. You also agree not to upload, email to us or print any images or other copyrighted material without the express permission of the owner.

8.2 Intellectual Property

All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that is contained on the Site is protected by collectionpot.com or third party copyrights, trademarks, service marks, patents or other proprietary rights and laws. You do not have permission, except where expressly authorised to do so, to change, copy, store, publish, rent, licence, sell or distribute in any way any of these intellectual property rights. “Collection Pot” is our registered trademark, and you agree not to display or use it in any manner without our prior written consent.

8.3 Site content and service access

We will always try to ensure that collectionpot.com 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.

8.4 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.

8.5 Liability

We exclude all representations, warranties, conditions and terms (whether express or implied) to the fullest extent permitted by law.

We, any other party (whether or not involved in creating, producing, maintaining or delivering the Site), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with your use of the Site in any way or in connection with the use, inability to use or the results of use of the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Site or any websites linked to the Site.

Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (ii) fraud (iii) misrepresentation as to a fundamental matter or (iv) any liability which cannot be excluded or limited under applicable law.

If your use of material on the Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of the Site, or the use by any other person using your registration details.

  1. Collection Pot Top Up

collectionpot.com enables the collection recipient the opportunity to add funds to their collection. The fees payable on a top up donation can be viewed above in Donation Fees 3.4

9.1 Our liability to you and expiration

Any payment made shall be deemed as a payment for applicable goods to be ordered from us. Our liability to you will be to provide applicable goods to the value of your Collection Pot Top Up account balance. Cash balances will not be returned except in cases where the customer has received faulty goods and requested a refund.

If you do not place any orders for a six month period from the date of closure of the collection, we will send an email to the address held on your account to remind you of your balance. We will also previously have attempted to communicate with the recipient  3 months and 5 months since the Pot was closed. If a period of 6 months passes with no orders placed or an open balance on the account, we will assume that your account is no longer active and your account will be closed.

  1. Competitions & Promotions

On occasion Collection Pot will stage promotions and run competitions. You are advised to check the terms and conditions before entering

  • Promotions and competitions are open to all, except employees of Gifted To You Ltd (or their parent, subsidiaries or any affiliated companies) and their immediate families
  • You must be at least 18 years of age to enter
  • The opening date for entries varies. The closing date is always stated. No entries received after the closing date will be accepted.
  • No purchase necessary.
  • Only one entry allowed per household, or email address.
  • The prize is non-refundable, non-transferable and subject to availability.
  • No cash or prize alternatives are available.
  • We reserve the right to substitute any prize with a prize of equal or greater value.
  • All winners will be drawn at random from all correct entries by an electronic system and notified by via email no later than 5 days after the closing date.
  • Where we require details from you, if you do not provide these within 28 days of notification we reserve the right to select a different winner.
  • All entrants are expected to act fairly and in the good spirit of the competition.
  • Collection Pot reserves the right to investigate any irregularities and disqualify entrants at its absolute discretion.
  • Any application containing incorrect, false or unreadable information will be rejected. Any applications made on behalf of or for another person or multiple entries will not be included in the competition.
  • Collection Pots’ decision as to who has won the competition shall be final.
  • To obtain details of the prize winner after the closing date, please email hello@collectionpot.com
  • By entering any Collection Pot competition or promotion you are agreeing to accept these Terms and Conditions. Any breach of these Terms and Conditions by you will mean that your entry will not be valid, and you will not be allowed to enter
  • By entering any competition or promotion featured on collectionpot.com or its associated social media channels you are agreeing that, if you win, your name and entry may be a) used for the purpose of announcing the winner and/or distributed to individuals who request details of the winner and/or b) in any related publicity, without additional payment or permission.
  • Any personal information you give us will be used solely for this competition and will not be passed on to any other parties without your agreement.
  1. Collection Pot user conduct
  • You must at all times use Collection Pot in a responsible and legal manner and ensure that the content you provide does not breach any intellectual property rights of a third party or breach any right or duty owed to a third party.
  • You must not upload offensive, obscene, racist, defamatory, misleading or deceptive content, including photographs. We actively review all collections set up on the website 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.
  • When creating a Collection Pot you must ensure that all information provided is accurate and not misleading. It is your responsibility to ensure that you have the right to upload the content you are adding to personalise your collection, including pictures, photographs and it is not copyright-protected. If it is copyright-protected, you must obtain the copyright owner’s written consent to use it. We reserve the right to remove any pictures, photographs, or copy from Collection Pot at our sole discretion and without notice if their copyright status is in any doubt.

Collection Pot reserves the right to cancel your access and delete any collection without notice in the event you fail to follow any of the above rules.

  1. General 

Your permission to use the site is conditional upon your agreement that you:

  1. are 16 years of age or older
  2. will provide accurate information when creating a Collection Pot or registering for our services
  3. are solely responsible for your user id and the activity that occurs while signed in to or while using the site
  4. will not use the site to collect any personally identifiable information, including account names, email addresses, or other such information for commercial purposes
  5. will not use the communication systems provided by or contacts made on the site for any commercial solicitation purposes
  6. are solely responsible for your content submissions, including discussion posts, profile information and links, pictures, and other such content

These terms and conditions constitute the entire agreement in respect of the use of the Site and the items and services offered via the Site.

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. No waiver by us of any term shall be deemed to be continuing or shall be deemed to be a waiver of any other term.

Only you and Collection Pot shall be entitled to enforce these terms and conditions. No third party shall be entitled to enforce any of these terms and conditions whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

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.

 

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