Terms & Conditions
WHAT IS THE GIFTS FACTORY?
The ethos of The Gifts Factory is to provide a platform to support emerging and established gifting businesses. The Gifts Factory is a Gifting website which provides a platform for small businesses selling their own label, vintage collections or multi brands.
The Gifts Factory meets the needs of the customer by providing a place to discover unique brands and trendy gifts from vendors. We reserve the right to remove sellers that do not fall within this framework at any time.
The Gifts Factory believes in creating moments. The Gifts Factory supports sellers that sell unique gifting items. The Gifts Factory supports independent labels that are small businesses, and The Gifts Factory supports multi-brand vendors that may possibly have their own store and are looking to diversify their selling options.
The Gifts Factory supports creativity and small businesses. The Gifts Factory champions sellers that physically own their stock and take their own pictures for The Gifts Factory.
THE GIFTS FACTORY IS A VENUE
The Gifts Factory acts as a venue to allow users, who comply with this agreement. The Gifts Factory's policies to offer, sell and buy certain gifting items within a fixed-price format. The Gifts Factory is not directly involved in the transactions between buyers and sellers. As a result, The Gifts Factory has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. The Gifts Factory does not pre-screen content or information provided by users. The Gifts Factory cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, The Gifts Factory cannot and does not transfer legal ownership of items from the seller to the buyer.
The Gifts Factory cannot guarantee the true identity, age, and nationality of a user and encourages you to communicate directly with potential transaction partners through the tools available on the Site and asks that you do not arrange to meet users from the Site in person.
You agree that The Gifts Factory is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on The Gifts Factory. You use the The Gifts Factory service at your own risk.
In addition, some services offered through the Site may be subject to additional terms and conditions published by The Gifts Factory from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify The Gifts Factory of any unauthorised use of your password or any breach of security. You also agree that The Gifts Factory cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party other than The Gifts Factory without The Gifts Factory's express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email and address. To sell items on The Gifts Factory you must provide and maintain a valid bank account.
Account Transfer: You may not transfer or sell your The Gifts Factory account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Account Ownership: The Gifts Factory SELLERS may only hold and operate one active selling account at any one time and the selling account must only be operated by the named account holder. If a secondary account is required then the SELLER must request prior written permission from The Gifts Factory. The Gifts Factory reserves the right to reject any such request and may, at its discretion, terminate additional selling accounts or selling accounts being operated by a person other than the named account holder without prior warning.
Feedback: Marketplace takes feedback integrity seriously. Sellers may offer small incentives for general feedback, however manipulation and/or bribery is not tolerated. This includes feedback from a related account, offering incentives/bribes in return for specific feedback. The Marketplace team reserve the right to remove any feedback which it suspects has been posted as a result of such manipulation or bribery and may close the seller account to which it relates.
Right to Refuse Service: The Gifts Factory reserves the right to refuse service to anyone at any time. The Gifts Factory's services are not available to temporarily or indefinitely suspended The Gifts Factory members. The Gifts Factory reserves the right, in The Gifts Factory's sole discretion, to cancel unconfirmed or inactive accounts.
FEES AND SERVICES
Sellers accounts must stay up-to-date with all fees owed or the account may be suspended until all outstanding fees are paid in full. In the event that a Sellers’s product count falls to zero their Seller storefront will no longer show on site. A Seller account can be closed or downgraded at any time and it is the responsibility of the Shop owner to manually terminate their Seller status by mailing by the request at email@example.com. You are responsible for paying all fees and applicable taxes associated with using The Gifts Factory.
Fees and Termination: If The Gifts Factory terminates a listing or your account, if you close your account, or if the payment of your The Gifts Factory fees cannot be completed for any reason, you remain obligated to pay The Gifts Factory for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full, the seller risks penalties such as the suspension of privileges, termination of the account and/or legal action. If you have a question or wish to dispute a charge, contact The Gifts Factory.
LISTING AND SELLING
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with The Gifts Factory's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your listing. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. If the "in stock" quantity is more than one, all items in that listing must be identical with the only exception being minor variations arising from items being hand-finished which must be included on the listing.
Binding Sale: All sales are binding. The seller is responsible for shipping up to the point of delivery or otherwise completing the transaction with the buyer within 20 days, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items.Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding The Gifts Factory transaction fees, misrepresent the item's location, or use another user's account without permission.
PROHIBITED, QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITIES
You are solely responsible for your conduct and activities on and regarding to The Gifts Factory and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on The Gifts Factory .
Restricted Activities: Your Content and your use of The Gifts Factory:
1. Must not be false, inaccurate or misleading
2. Must not be fraudulent or involve the sale of illegal, counterfeit or stolen items
3. Must not infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
4. Must not breach this Agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
5. Must not contain items that have been identified as hazardous to consumers
6. Must not be defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including The Gifts Factory staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
7. Must not be obscene
8. Must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information
9. Must not modify, adapt or hack The Gifts Factory or modify another website so as to falsely imply that it is associated with The Gifts Factory;
10. Must not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on The Gifts Factory.
By uploading Content to The Gifts Factory you promise that you own and/or have the right to use such Content in this manner and that such Content does not infringe any third party intellectual property rights. In the event that The Gifts Factory receives a complaint in respect of any Content posted by you it shall be your sole responsibility to deal with such a complaint and to compensate The Gifts Factory for any loss suffered. The Gifts Factory reserves the right to remove any such Content immediately.
By uploading product images to The Gifts Factory, you agree that The Gifts Factory has the right to use your images to promote The Gifts Factory and/or your own store in any external press as well as across all The Gifts Factory Websites.
Re-Posting Content: By posting Content on The Gifts Factory, it is possible for an outside website or a third party to re-post that Content. You agree to hold The Gifts Factory harmless for any dispute concerning this use. If you choose to display your own The Gifts Factory-hosted image on another website, the image must provide a link back to its listing page on The Gifts Factory.
Idea Submissions: The Gifts Factory considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and The Gifts Factory shall not be liable for the disclosure or use of such Material. If, at The Gifts Factory's request, any member sends Material to improve the site (for example through the Forums or to customer support), The Gifts Factory will also consider that Material to be non-confidential and non-proprietary and The Gifts Factory will not be liable for use or disclosure of the Material. Any communication by you to The Gifts Factory is subject to this Agreement. You hereby grant and agree to grant The Gifts Factory, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
The Gifts Factory does not control the Content provided by users that is made available on The Gifts Factory. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade. By using The Gifts Factory, you agree to accept such risks and that The Gifts Factory (and The Gifts Factory's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any acts or omissions of users on The Gifts Factory. Please use caution, common sense, and practice safe buying and selling when using The Gifts Factory.
Other Resources: The Gifts Factory is not responsible for the availability of outside websites or resources linked to or referenced on the Site. The Gifts Factory does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that The Gifts Factory shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources or via pop ups which may appear when accessing the Site from your computer.
RESOLUTION OF DISPUTES AND RELEASE
In the event a dispute arises between you and The Gifts Factory, please contact The Gifts Factory.
Should you have a dispute with one or more users, or an outside party, you release The Gifts Factory (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The Gifts Factory, for the benefit of users, may try to help users resolve disputes. The Gifts Factory does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that The Gifts Factory attempts to resolve a dispute it will do so in good faith based solely on its this agreement and its policies.
THE GIFTS FACTORY'S INTELLECTUAL PROPERTY
The Gifts Factory's copyright, trademarks, service makrs, logos, business name, domain name, rights in get up and trade dress and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Without limiting any other remedies, The Gifts Factory may, without notice, and without refunding any fees, delay or immediately remove Content in case the following applys:
· The Gifts Factory is unable to verify or authenticate any of your personal information or Content
· The Gifts Factory believes that a user is acting inconsistently with the letter or spirit of The Gifts Factory's policies and/or this Agreement, has engaged in improper or fraudulent activity in connection with The Gifts Factory or the actions may cause legal liability or financial loss to The Gifts Factory's users or to The Gifts Factory.
THE GIFTS FACTORY, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE THE GIFTS FACTORY'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE GIFTS FACTORY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM THE GIFTS FACTORY SHALL CREATE ANY WARRANTY.
IN NO EVENT SHALL THE GIFTS FACTORY, AND (AS APPLICABLE) ITS OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, THE GIFTS FACTORY'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THE GIFTS FACTORY'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF THE GIFTS FACTORY'S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO THE GIFTS FACTORY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) £100.
YOU AGREE TO INDEMNIFY AND HOLD THE GIFTS FACTORY AND (AS APPLICABLE) THE GIFTS FACTORY'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR BREACH OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
The Gifts Factory does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside The Gifts Factory's control or otherwise.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and The Gifts Factory are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
THE GIFTS FACTORY SERVICE
Return, Refund and Cancellation Policy
After placing the order customer can cancel the order within 2 hours if he/she wish to. And in case of customer request for Refund, it will be processed through NEFT within 10 working days. If products are found defective/broken, a return request has to be made within 48 hours of receipt of the product by writing to firstname.lastname@example.org. Once the return request is approved, the product can be returned within 72 hours of return request approval.
We usually ship the product within 2 working days after receiving the order.