Terms and Conditions
The Black Gift Shop™ customer terms and conditions enables independent retailers to sell their products online to customers.
We do not sell or have possession of any of the products listed by independent retailers. The contract for the sale of those products is between you and the relevant retailer.
To get in touch with us, please email using the contact form below.
By using The Black Gift Shop™ website you accept these terms.
By using The Black Gift Shop™ website you confirm that you are at least 18 years old, accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use the The Black Gift Shop™ website. We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
These terms of use refer to the following additional terms, which also apply to your use of The Black Gift Shop™ website:
Our Privacy Policy which sets out the terms on which we process any information we collect from you, or that you provide to us. By using this website, you consent to such processing and you warrant that all information provided by you is accurate.
Our Cookie Policy, which sets out information about the cookies on the Shopappy™ website.
We may make changes to these terms and The Black Gift Shop™ website
We amend these terms from time to time. Every time you wish to use The Black Gift Shop™ website, please check these terms to ensure you understand the terms that apply at that time.
We may update and change the The Black Gift Shop™ website from time to time to reflect changes to the services we offer, our users' needs and our business priorities.
We may suspend or withdraw the website
We do not guarantee that the The Black Gift Shop™ website or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the The Black Gift Shop™ website for business and operational reasons.
You are also responsible for ensuring that all persons who access the The Black Gift Shop™ website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
The Black Gift Shop™ website is only for users in the United Kingdom
The Black Gift Shop™ website is directed to people residing in the United Kingdom. We do not represent that content available on or through The Black Gift Shop™ website is appropriate for use or available in other locations.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
Contracts with vendors for products
Contracts with independent retailers. We are not a vendor, a seller, or any kind of agent or intermediary for you or any of the vendors that make products available to you through The Black Gift Shop™ website. We do not sell the products available through The Black Gift Shop™ website and are not responsible for any part of the contract for the supply of products by any independent retailer. So we’re not responsible for their products or for any delivery, returns, refunds, guarantees, warranties or other after-sale care or for any related problems you may suffer. You will need to make your own independent judgement regarding your interaction with any vendor including the purchase and use of any products made available by them.
How independent retailers will accept your order:
An independent retailer's acceptance of your order for products will take place when you place your order via PayPal, at which point a contract will come into existence between you and the relevant independent retailer.
If an independent retailer cannot accept your order, the independent retailer will inform you of this and will not charge you for the relevant product or, where applicable, refund you the price paid for the product within a reasonable period of time. This might be because the product is out of stock, because of unexpected limits on a independent retailer's resources which the independent retailer could not reasonably plan for, because the independent retailer has identified an error in the price or description of the product or because the independent retailer unable to meet a pick-up time you have specified.
Where to find the price for the product or services. The price of the vendor's products (which includes VAT) will be the price indicated on the order pages when you placed your order. Independent retailers will take all reasonable care to ensure that the price of the product advised to you is correct.
Products may vary slightly from their pictures. The images of vendor's products on The Black Gift Shop™ website are for illustrative purposes only and in the case of fresh foods are taken from a general image library. Although independent retailers have made every effort to display the colours accurately, independent retailers cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
Your rights to make changes. If you wish to make a change to the product you have ordered please contact the relevant independent retailer. They will let you know if the change is possible. If it is possible they will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Delivery and delivery costs. The relevant independent retailer that supplies you with the products will ensure they are delivered. If you have any questions about or issues with your delivery partner, please contact the relevant independent retailer supplying the product(s) to you. All delivery costs are included in the prices shown.
If you are entitled to a refund.If you are entitled to a refund in relation to the products supplied by an independent retailer, they will make the relevant refund to you. Each independent retailer's refund policy is available on its website and a direct link has been provided.
How you may use material on The Black Gift Shop™ website
We are the owner or the licensee of all intellectual property rights in The Black Gift Shop™website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the content on the The Black Gift Shop™ website for commercial purposes without obtaining a licence to do so from us or our licensors.
We are not responsible for websites we link to
Where The Black Gift Shop™ website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
User-generated content not approved by us
The The Black Gift Shop™ website may include information and materials uploaded by vendors and other users of the website, including to bulletin boards. This information and these materials have not been verified or approved by us. The views expressed by independent retailers and other users on the website do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us by emailing Hettie at theblackgiftshop@yahoo.com.
Our responsibility for loss or damage suffered by you
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Please note that we only provide The Black Gift Shop™ website for domestic and private use by you. You agree not to use The Black Gift Shop™ website 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. Separate terms of use are applicable to any vendor that uses The Black Gift Shop™ website.
Acceptable use of The Black Gift Shop™ website
Whenever you use access The Black Gift Shop™ website or make use of a feature that allows you to upload content to The Black Gift Shop™ website, or to make contact with vendors or other users of the website, you must comply with the content standards set out below.
You may use The Black Gift Shop™ website only for lawful purposes. You may not use the website: in any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or 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.
We may from time to time provide interactive services on The Black Gift Shop™ website, including, without limitation bulletin boards.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on The Black Gift Shop™ website , and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on The Black Gift Shop™ website and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The following content standards apply to any and all material which you contribute to The Black Gift Shop™ website, and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Contributions must: be accurate (where they state facts); be genuinely held (where they state opinions); and comply with applicable law in the UK.
Contributions must not: contain any material which is defamatory of any person; contain any material which is obscene, offensive, hateful or inflammatory; promote sexually explicit material; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trade mark of any other person; be likely to deceive any person; be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promote any illegal activity; be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety; be likely to harass, upset, embarrass, alarm or annoy any other person; be used to impersonate any person, or to misrepresent your identity or affiliation with any person; give the impression that they emanate from us, if this is not the case; or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
We will determine, in our discretion, whether there has been a breach of these acceptable use standards through your use of The Black Gift Shop™ website. When a breach of these standards has occurred, we may take such action as we deem appropriate.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to The Black Gift Shop™ website constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on The Black Gift Shop™ website if, in our opinion, your post does not comply with the standards set out above.
We are not responsible for viruses and you must not introduce them
We do not guarantee that The Black Gift Shop™ website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access The Black Gift Shop™ website. You should use your own virus protection software.
You must not misuse The Black Gift Shop™ website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to The Black Gift Shop™ website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack The Black Gift Shop™ website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use The Black Gift Shop™ website will cease immediately.
Other important terms
We may transfer our rights and obligations under these terms to another organisation.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Headings in these terms are for ease of reference only and do not limit the scope of the relevant section.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms are governed by English law.
22 May 2020.
The Black Gift Shop™ customer terms and conditions enables independent retailers to sell their products online to customers.
We do not sell or have possession of any of the products listed by independent retailers. The contract for the sale of those products is between you and the relevant retailer.
To get in touch with us, please email using the contact form below.
By using The Black Gift Shop™ website you accept these terms.
By using The Black Gift Shop™ website you confirm that you are at least 18 years old, accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use the The Black Gift Shop™ website. We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
These terms of use refer to the following additional terms, which also apply to your use of The Black Gift Shop™ website:
Our Privacy Policy which sets out the terms on which we process any information we collect from you, or that you provide to us. By using this website, you consent to such processing and you warrant that all information provided by you is accurate.
Our Cookie Policy, which sets out information about the cookies on the Shopappy™ website.
We may make changes to these terms and The Black Gift Shop™ website
We amend these terms from time to time. Every time you wish to use The Black Gift Shop™ website, please check these terms to ensure you understand the terms that apply at that time.
We may update and change the The Black Gift Shop™ website from time to time to reflect changes to the services we offer, our users' needs and our business priorities.
We may suspend or withdraw the website
We do not guarantee that the The Black Gift Shop™ website or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the The Black Gift Shop™ website for business and operational reasons.
You are also responsible for ensuring that all persons who access the The Black Gift Shop™ website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
The Black Gift Shop™ website is only for users in the United Kingdom
The Black Gift Shop™ website is directed to people residing in the United Kingdom. We do not represent that content available on or through The Black Gift Shop™ website is appropriate for use or available in other locations.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
Contracts with vendors for products
Contracts with independent retailers. We are not a vendor, a seller, or any kind of agent or intermediary for you or any of the vendors that make products available to you through The Black Gift Shop™ website. We do not sell the products available through The Black Gift Shop™ website and are not responsible for any part of the contract for the supply of products by any independent retailer. So we’re not responsible for their products or for any delivery, returns, refunds, guarantees, warranties or other after-sale care or for any related problems you may suffer. You will need to make your own independent judgement regarding your interaction with any vendor including the purchase and use of any products made available by them.
How independent retailers will accept your order:
An independent retailer's acceptance of your order for products will take place when you place your order via PayPal, at which point a contract will come into existence between you and the relevant independent retailer.
If an independent retailer cannot accept your order, the independent retailer will inform you of this and will not charge you for the relevant product or, where applicable, refund you the price paid for the product within a reasonable period of time. This might be because the product is out of stock, because of unexpected limits on a independent retailer's resources which the independent retailer could not reasonably plan for, because the independent retailer has identified an error in the price or description of the product or because the independent retailer unable to meet a pick-up time you have specified.
Where to find the price for the product or services. The price of the vendor's products (which includes VAT) will be the price indicated on the order pages when you placed your order. Independent retailers will take all reasonable care to ensure that the price of the product advised to you is correct.
Products may vary slightly from their pictures. The images of vendor's products on The Black Gift Shop™ website are for illustrative purposes only and in the case of fresh foods are taken from a general image library. Although independent retailers have made every effort to display the colours accurately, independent retailers cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
Your rights to make changes. If you wish to make a change to the product you have ordered please contact the relevant independent retailer. They will let you know if the change is possible. If it is possible they will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Delivery and delivery costs. The relevant independent retailer that supplies you with the products will ensure they are delivered. If you have any questions about or issues with your delivery partner, please contact the relevant independent retailer supplying the product(s) to you. All delivery costs are included in the prices shown.
If you are entitled to a refund.If you are entitled to a refund in relation to the products supplied by an independent retailer, they will make the relevant refund to you. Each independent retailer's refund policy is available on its website and a direct link has been provided.
How you may use material on The Black Gift Shop™ website
We are the owner or the licensee of all intellectual property rights in The Black Gift Shop™website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the content on the The Black Gift Shop™ website for commercial purposes without obtaining a licence to do so from us or our licensors.
We are not responsible for websites we link to
Where The Black Gift Shop™ website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
User-generated content not approved by us
The The Black Gift Shop™ website may include information and materials uploaded by vendors and other users of the website, including to bulletin boards. This information and these materials have not been verified or approved by us. The views expressed by independent retailers and other users on the website do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us by emailing Hettie at theblackgiftshop@yahoo.com.
Our responsibility for loss or damage suffered by you
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Please note that we only provide The Black Gift Shop™ website for domestic and private use by you. You agree not to use The Black Gift Shop™ website 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. Separate terms of use are applicable to any vendor that uses The Black Gift Shop™ website.
Acceptable use of The Black Gift Shop™ website
Whenever you use access The Black Gift Shop™ website or make use of a feature that allows you to upload content to The Black Gift Shop™ website, or to make contact with vendors or other users of the website, you must comply with the content standards set out below.
You may use The Black Gift Shop™ website only for lawful purposes. You may not use the website: in any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or 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.
We may from time to time provide interactive services on The Black Gift Shop™ website, including, without limitation bulletin boards.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on The Black Gift Shop™ website , and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on The Black Gift Shop™ website and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The following content standards apply to any and all material which you contribute to The Black Gift Shop™ website, and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Contributions must: be accurate (where they state facts); be genuinely held (where they state opinions); and comply with applicable law in the UK.
Contributions must not: contain any material which is defamatory of any person; contain any material which is obscene, offensive, hateful or inflammatory; promote sexually explicit material; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trade mark of any other person; be likely to deceive any person; be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promote any illegal activity; be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety; be likely to harass, upset, embarrass, alarm or annoy any other person; be used to impersonate any person, or to misrepresent your identity or affiliation with any person; give the impression that they emanate from us, if this is not the case; or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
We will determine, in our discretion, whether there has been a breach of these acceptable use standards through your use of The Black Gift Shop™ website. When a breach of these standards has occurred, we may take such action as we deem appropriate.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to The Black Gift Shop™ website constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on The Black Gift Shop™ website if, in our opinion, your post does not comply with the standards set out above.
We are not responsible for viruses and you must not introduce them
We do not guarantee that The Black Gift Shop™ website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access The Black Gift Shop™ website. You should use your own virus protection software.
You must not misuse The Black Gift Shop™ website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to The Black Gift Shop™ website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack The Black Gift Shop™ website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use The Black Gift Shop™ website will cease immediately.
Other important terms
We may transfer our rights and obligations under these terms to another organisation.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Headings in these terms are for ease of reference only and do not limit the scope of the relevant section.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms are governed by English law.
22 May 2020.
