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1.Retailer Terms and Conditions

1.1 What I’d Love LLP (WIL) warrants that it will operate and maintain the whatidlove shopping portal (Portal) and display the Retailer’s products for the duration of this Agreement save to the extent that the Portal or any part of it is unavailable or interrupted resulting from system failure, maintenance or repair or for reasons beyond WIL’s control.

1.2 The Retailer agrees that WIL shall act as agent for the Retailer and receive monies paid for any order placed by Customers and shall pay such monies to the Retailer on a monthly basis less Sales Commission and amounts deducted by WIL for the provision of payment services (Merchant Services), and other charges. The Retailer shall provide to WIL all banking details and any other information as may be required by WIL in order to make such payment.

1.3 The Retailer acknowledges that the contract for fulfilment of the order placed by customers shall be solely between the Retailer and the Customer and shall be on the Retailer Terms and Conditions as set out herein, and as amended from time to time.

1.4 WIL shall notify the Retailer by email of any sale of a Retailers’ goods. Following receipt of such notification the Retailer shall provide to the Customer a confirmation of their order and dispatch such order in accordance with the Delivery Terms below.

2. Payments

2.1 WIL shall, within 7 days after the end of each calendar month, send to the Retailer a statement showing the number of orders placed by customers, the value of each order placed, the total monies received by WIL, the amount of Commission and the total amount payable by WIL to the Retailer (Amount Due) during the preceding month (Monthly Statement).

2.2 Commission shall be calculated on the basis of an agreed percentage of the total value of orders placed by customers in any given month (Commission) as detailed in the Monthly Statement.

2.3 WIL shall pay to the Retailer the Amount Due by BACS transfer within 14 days of sending to the Retailer the Monthly Statement.

2.4 Unless otherwise agreed in writing, the Amount Due shall be paid in Pounds Sterling.

2.5 WIL may, upon notice at any time change the amount of or basis for determining any fee or charge or institute new fees or charges. Upon renewal, the Retailer will be notified of any changes to the Commission.

3. Returns/ refunds

3.1 The Retailer shall notify WIL within 7 days of receipt of notice by the customer to the Retailer, any transactions that have been cancelled by the customer (Cancelled Transaction) pursuant to the returns and refunds policy as set out in the User Terms and Conditions of Sale.

3.2 WIL warrants that on notification by the Retailer of a Cancelled Transaction, WIL shall within 14 days of such notification return any monies paid by the customer to WIL in respect of the Cancelled Transaction. WIL reserves the right to contact the customer involved in a Cancelled Transaction to verify the cancellation and reasons for so doing.

3.3 WIL shall deduct the value of any Cancelled Transactions for which monies have been returned to the customer under clause 3.2 from the total value of orders placed by customers in the subsequent month and shall adjust the calculation of Commission and the Amount Due under the subsequent Monthly Statement accordingly.

3.4 If any dispute arises as to the amount of Commission and / or Amounts Due to the Retailer, the same shall be referred to WIL’s auditors for settlement and their certificate shall be final and binding on WIL and the Retailer.

4. Delivery

4.1 Each retailer selects their own postage charge, and delivery surcharge.

4.2 Deliveries outside the U.K may incur a supplementary charge at the Retailers’ discretion, and which will be notified to the Customer during the checkout process.

4.3 Delivery should be between 3-7 days from receipt of the email notifying the Retailer of the order, or earlier at the Retailer’s convenience.

5. Retailers responsibility for content

5.1 The Retailer shall ensure that any materials displayed by them on any webpages within the www.whatidlove.co.uk shopping portal (including descriptions and pictures) do not infringe any applicable laws, regulations or third party rights (such as material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party intellectual property rights) (Inappropriate Content).

5.2 The Retailer shall be solely responsible for the truth and accuracy of any statements made about products or services it sells through the Portal, including details as to cost, colour, shape, size and availability of the Retailer’s product (Inaccurate Content).

5.3 The Retailer shall check the Portal once every 14 days for any Inaccurate Content. In the event that the Retailer identifies any Inaccurate Content the Retailer shall provide/ upload amended content to WIL as quickly as possible.

5.4 The Retailer acknowledges that WIL has no control over any products or services offered by the Retailer and does not monitor the acts of the Retailer. WIL reserves the right to amend or remove any material posted by the Retailer or block or restrict a Retailer’s or customer’s access to the advertised products or services, where it reasonably believes such content to be Inappropriate or Inaccurate Content and the Retailer reasonably failures to change such content in accordance with these Terms and Conditions.

5.5 The Retailer shall indemnify WIL against all damages, losses and expenses arising as a result of any action or claim that the material or any material posted to, or linked to, the Portal is in breach of this clause 2 as a result of the actions of the Retailer.

5.6 The Retailer shall provide to WIL for display within the Portal, its name, contact and trading address, address for complaints, telephone number, fax number and email address at which customers may contact them.

5.7 The Retailer accepts that any sales of its advertised products or services to a Customer using the Portal are on the basis that the Customer is contracting directly with the Retailer for such purchase. In the provision of the Portal, WIL is not acting as the Retailer’s agent except where specifically stated.

5.8 The Retailer agrees to indemnify WIL against all damages, losses and expenses arising as a result of any action or claim by a customer from the Retailer’s use of the customer’s data.

6. Term and Termination

6.1 This Agreement shall commence on the date the Retailer’s account is activated (Live Date) and shall automatically renew on each 12 month anniversary of the Live Date for a further period of 12 months.For those Retailers whose Live Date falls in 2007, renewal will be on 1st January 2008.

6.2 The Retailer may elect not to renew this Agreement for any reason by giving at least one months’ notice in writing to WIL prior to the anniversary of the Live Date.

6.3 Either party may terminate this agreement immediately at any time by written notice to the other party if:

  • (a) that other party commits any material breach of its obligations under this agreement which (if remediable) is not remedied within 30 days after the service of written notice specifying the breach and requiring it to be remedied; or
  • (b) that other party ceases to trade (either in whole, or as to any part or division involved in the performance of this agreement); or
  • (c) becomes insolvent or unable to pay its debts within the meaning of the insolvency legislation applicable to that party; or
  • (d) a notice of appointment of a person to manage or take control of the whole or part of the business or assets of that party is filed with any court or
  • (e) any process is instituted which could lead to that party being dissolved and its assets being distributed to its creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction).

6.4 On termination of this agreement all licences granted by WIL under this agreement shall terminate immediately.

6.5 On termination of this agreement, all provisions of this agreement shall cease to have effect, except that any provision which can reasonably be inferred as continuing or is expressly stated to continue shall continue in full force and effect.

6.8 Upon termination of this agreement, WIL reserves the right to permanently delete from the Portal any and all material contained in the Portal. WIL accepts no liability for such deletion of the material.

7. Limitations of liability

7.1 Nothing in this Agreement shall operate to exclude or limit WIL’s liability for:

  • (a) death or personal injury caused by its negligence ; or
  • (b) any breach of the terms implied by section 12 of the Sale of Products Act 1979 or section 2 of the Supply of Products and Services Act 1982; or
  • (c) fraud; or
  • (d) any other liability which cannot be excluded or limited under applicable law.

7.2 WIL shall not be liable to the Retailer for any damage to software, damage to or loss of data, loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.

7.3 Subject to clause 7.1, WIL’s aggregate liability in respect of claims based upon events in any calendar year arising out of or in connection with this Agreement, whether in contact or tort (including negligence) or otherwise, shall in no circumstances exceed the total Charges payable by the Retailer to WIL under this Agreement in that calendar year.

7.4 WIL shall not be liable for any breach by the Retailer of any contract with the customer and WIL’s acceptance of any monies under a contract between the Retailer and the customer shall not give rise to WIL being considered a party to such contract or accepting any liability or obligation under such contract..

8. Data Protection

8.1 The Retailer acknowledges that it shall process information obtained from a customer only to the extent necessary to fulfil orders for products or services.

8.2 Where the Retailer has received customer details from WIL pursuant to an order for the Retailer’s advertised goods or services, it shall not use that information, including contacting the customer, unless in connection with fulfilling that order.

9. Intellectual Property

9.1 The Retailer will retain all intellectual property rights in respect of the material it places on the Portal including the Retailer’s name and logo.

9.2 Notwithstanding 9.1 above, the Retailer grants to WIL and its successors and assigns, a world-wide, royalty free and non-exclusive licence to use any intellectual property and information provided by the Retailer (either during the sign up process or in respect of the Retailer’s advertised goods or services including any trade marks of the Retailer) in connection with WIL’s promotion of WIL or the Portal via any and all media and also for inclusion in the Directory.

9.3 The Retailer grants to WIL and its successors and assigns, a world-wide, royalty free and non-exclusive licence to maintain any content placed by the Retailer in the Portal on servers during the term of this Agreement and authorises the downloading and printing of the material by customers for their personal use in accordance with the Browsing and Acceptable Use Policy in force from time to time.

10. Assignment

The Retailer may not assign any of its rights or obligations under this Agreement, in whole or in part without the prior written consent of WIL.

11. Entire Agreement

11.1 Except as set out in this clause 10 neither party shall have any remedy in respect of any untrue statement (whether written or oral) made to it upon which it relied in entering into this agreement (Misrepresentation), and neither party shall have any liability other than pursuant to the express terms of this agreement. Nothing in this agreement shall exclude or limit either party's liability for any Misrepresentation made knowing that it was untrue. Each party's liability for Misrepresentation as to a fundamental matter, including as to a matter fundamental to that party's ability to perform its obligations under this agreement, shall be subject to the limit set out in clause 7.3.

11.2 WIL makes no further warranty or representations except those stated within these terms and conditions.

12. Third Party Rights

The terms of this Agreement are enforceable only by the parties to this Agreement and no other party has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

13. Variation and waiver

A variation of this agreement shall be in writing and signed by or on behalf of both parties to this agreement.

14. Severence

14.1 If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

14.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

15. Governing law and juristiction

15.1 This agreement and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the law of England and the courts of England shall have exclusive jurisdiction to settle any dispute arising between the parties. Prior to commencing proceedings WIL and the Retailer agree to refer the dispute, within 60 days of the dispute arising, to mediation. A mediator to be appointed by WIL's auditors.

15.2 The Retailer agrees that any dispute arising between retailers shall be the sole responsibility of those retailers and that WIL has no power to intervene or resolve the dispute(s).

Schedule 1

Charges

Joining Fee

£150 + vat payable prior to activation of the Retailer's account

Annual Fee

If applicable, will be required prior to the activation date.

User Terms and Conditions

These terms and conditions set out the agreement between Whatidlove LLP (WIL, our, us or we) and you, the user (you), of the WIL shopping portal under the domain name www.whatidlove.co.uk and any webpages contained within it (Portal).

Please read these terms and conditions carefully before using the Portal. By using the Portal you accept these terms and conditions regardless of whether or not you choose to register with us. If you do not accept these terms, please do not use this Portal.

1. USE OF THIS PORTAL

What you can do

1.1 You may access most areas of the Portal without registering your details with us. Certain areas of the Portal are only open to you if you register.

1.2 WIL may revise these terms and conditions at any time by updating this posting. You should check the Portal from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of this Policy may be superseded by expressly designated policies or terms located on particular pages in this Portal.

1.3 You are permitted to print and download extracts from this Portal for your own use on the following basis:

  • a) no text, information, image or audio or video on this Portal are modified in any way;
  • (b) no graphics on this Portal are used separately from text; and
  • (c) such use is for personal and non-commercial use only.

What you can’t do

1.4 Subject to paragraph 1.3, no part of this Portal may be reproduced or stored in any other site or included in any public or private electronic retrieval system or service without WIL’s prior written permission.

1.5 You must not attempt to interfere with the proper working of the Portal and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.

1.6 You are prohibited from posting or transmitting to or from this Portal any material:

  • (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of a person’s right of privacy or which may cause annoyance or inconvenience; or
  • (b) for which you have not obtained all necessary licences and/or approvals; or
  • (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
  • (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

1.7 The use of any tools, programs, algorithms or products to automatically download, ‘spider’, transfer or reference any information or pages within the Portal, including that relating to retailers, is prohibited.

1.8 You may not link to this site without WIL’s prior consent.

1.9 Each registration is for a single user only. If you are a couple using the Portal in connection with your wedding or other civil or religious ceremony of commitment, we will regard a single registration as covering you both. Otherwise WIL does not permit you to share your user name and password with any other person nor with multiple users on a network.

What we can do

1.10 WIL shall fully co-operate with any law enforcement authorities or court order requesting or directing WIL to disclose the identity or locate anyone posting any material in breach of paragraphs 1.6 or 1.7.

1.11 Other than personally identifiable information, which is covered under our privacy policy, any material you transmit or post to this Portal shall be considered non-confidential and non-proprietary. WIL shall have no obligations with respect to such material. WIL and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

1.12 WIL reserves the right to suspend or cancel your access to some or all of parts of this Portal if you breach these terms and conditions.

1.13 WIL may process your information in accordance with its privacy policy.

2. PRIVACY POLICY

The information we collect

2.1 WIL is registered as a data controller under the Data Protection Act 1998 and is committed to protecting the personal information we collect from you, which we use to enhance your experience of using the Portal, to process any orders you may place with us, and to provide you with any other services you may request. This Privacy Policy sets out how we collect information from you or from your use of the Portal, allowing you to make informed choices about the personal information you provide via the Portal.

2.2 When you visit, register or purchase products via the Portal we may collect the following information:

  • (a) Your name;
  • (b) your title;
  • (c) Your email address;
  • (d) Your telephone number;
  • (e) Your date of birth;
  • (f) Your credit/debit card billing address;
  • (g) Your delivery address (if different);
  • (h) Your customer password;
  • (i) Credit/debit card type;
  • (j) Credit/debit card number, expiry date, issue number and other related details;
  • (k) Details of the retailers you visit and the products or services you browse or purchase;
  • (l) For baby lists your babies due date, date of birth, sex, name, and your relationship to the baby;
  • (m) For lists made on behalf of a third party, their title, name, date of birth, and email address.

2.3 We may also collect information about you from messages you post to the Portal and e-mails or letters you send to us.

Use of your information

2.4 When you give us information, it may be used for a number of different purposes, which are listed below:

  • (a) Administration and fulfilment of customer orders: The customer information you give to us is necessary for the operation of the Portal and you agree that WIL may share this information with retailers and third parties involved in the processing of payments or your order. Some of the third parties may be based outside the UK in countries which have different or lower levels of data protection than the UK. Where this occurs, WIL will make every reasonable effort to ensure your privacy is protected in accordance with this privacy policy.
  • (b) To enable customer services: We ask for your contact details, such as your e-mail address and telephone number, to enable us (or our agents) to resolve any queries you may have about using the Portal and for either us or the Retailer to notify you about the dispatch of or any problems with your order.
  • (c) Direct Marketing: if you agree to receive direct marketing you will receive information about products and services from WIL, such as a newsletter e-mail, e-mails about new products, services and promotions. These e-mails may ask for a little more information, such as your gender and age range, so that the information we send is more relevant to you, but from which you can always unsubscribe.
  • (d) To learn what our customers want: Any extra information that we ask for helps us to understand our customers better - we think that this is important to keep improving our service to you. We also learn about our customers by tracking their movements around the Portal and collecting information about their buying habits. Individuals are not personally identified, but the results of customers’ shopping habits and preferences are analysed en masse. Please read the paragraph below about ‘cookies’ for more information on this.
  • (e) Research and analysis: We may also pass aggregate information on the usage of the Portal to third parties for research and analytical purposes but this will not include information that can be used to identify you.

2.5 Please note, in the case of visitors to the Portal who are not registered users, the information collected is anonymous and does not therefore enable us to identify you as an individual.

Accessing and updating your information

2.6 You can at any time, change and update your details you have provided to us, by logging onto the Portal. Please use this facility to keep the information we hold about you updated, as we may not otherwise be aware of changes to your information.

2.7 Alternatively, you may request us to provide details of the information we hold about you and ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this please contact WIL by email at info@whatidlove.co.uk . We are entitled by law to charge a fee of £10 to meet our costs in providing you with details of the information we hold about you.

What to do if you do not want to receive information

2.8 You have the right not to receive marketing information from either WIL or third parties if you do not want to.

Is it safe to give WIL my personal information?

2.9 WIL employs security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage.

2.10 We will retain your information during the currency of your registration and for a reasonable period thereafter. Should you choose to cancel your registration, you will continue to receive information from us and third parties in accordance with the terms of this privacy policy. If you do not wish to receive this information please contact us.

Fraud prevention

2.12 WIL reserves the right to pass on any customer information to third parties in order to assist in the prevention and detection of any fraud.

Cookies- and your privacy?

About cookies

2.13 Cookies are small files in your computer’s web browser that enable website providers to recognise your computer when you visit their websites. We use this tool to help collect information, such as how many people visit and return to the Portal, what products are being bought, and to make certain parts of the Portal function properly. We use cookies on the Whatidlove website: Without cookies enabled, certain functionalities throughout our online services may be limited or not possible. In order to improve our online services, we also use various cookies to gather broad information on usage patterns such as:

  • which pages users have looked at and when
  • what browser users have
  • what screen resolution is used
  • which operating system is used
  • which website users visited immediately prior to ours
  • what java version users have

This information is then used by us to improve / optimise our online services for you.

None of these types of cookies contain personally identifiable information.

List of cookies used in delivery of Whatidlove's online services

Category 1: Strictly Necessary Cookies

Category 2: Performance Cookies

Category 3: Functionality Cookies

Category 4: Targeting Cookies

No targeting cookies are used on the site.

Affiliate Cookies

We operate an affiliate marketing business model, which enables us to promote online retailers and their products in return for a commission. To do this our website depends on the use of internet cookies and other technology for tracking website users and recording information. By clicking on a retailer link, Users will be directed to the retailer’s website via the affiliate’s internet domains which use Cookies. Cookies will be placed on any devices used to access our websites Users of whatidlove give their consent to the use of Cookies to include the placing of Cookies on behalf of affiliate businesses.

How to control / delete cookies

You can refuse to use cookies on your computer by selecting the appropriate settings on your browser. However without cookies enabled, certain functionalities throughout our online services may be limited or not possible.

2.14 In registering with whatidlove.co.uk you specifically and expressly consent to the use of website tracking methods, including cookies, and to the safe and secure transmission of your personal information outside the European Union in accordance with the Privacy Policy.If you have ‘disabled’ cookies in your browser you may experience technical problems with some parts of the Portal (e.g. you might have problems filling your basket).

2.15 For independent information about cookies please visit www.aboutcookies.org.

Sale of the business

2.16 If the business of WIL is sold or integrated with another business your details may be disclosed to our advisors and the purchasers and their advisors and will be passed to the new owner of the business for their use provided it is in accordance with this privacy policy.

3. THE PORTAL AND WISH LIST

Display and Sale of Products

3.1 The products shown in this Portal are an invitation to you (or a third party) to make an offer to purchase those products from the relevant retailer (Retailer). No contract will be made for such sale and purchase until an email has been received confirming the order.

3.15 The Wish List service includes a part purchase facility to enable a number of people to contribute to the cost of an item. Where you have specified that the part purchase facility is to operate in relation to an item the following provisions apply:

  • (a)Payment from each person contributing part only of the cost of the item will be collected and placed in a customer account in our name at our bank. You will be beneficial owner of that money. We will be entitled to interest earned on the account.
  • (b)Your Wish List will show the total of the contributions collected at any time.
  • (c) At any time we will, within 14 days of receipt of your instructions to do so, transmit to your bank account the total of the contributions collected, less a 6.5% administration fee, and remove the item concerned from your Wish List.

3.2 Although WIL owns and operates the Wish List function and provides services to Retailers using the Portal, it does not actively participate in the sale of Retailers’ products and any purchase of products made by you (or a third party) through the Portal or Wish List service is a contract between you (or a third party) and the Retailer. The Retailer has agreed to be bound by these terms and conditions which together with the Standard Conditions of Sale will form part of your contract with the Retailer. WIL does not act on behalf of Retailers except as expressly set out in these terms and conditions.

3.3 WIL has not reviewed, has no control over and is not responsible for the truth, accuracy or legality of the content or products sold through the Portal. WIL therefore does not endorse or make any representations about the quality or nature of products or for or the Retailers.

3.4 Each Retailer is solely responsible for the truth and accuracy of the any material (including pictures and descriptions) posted on within the Portal concerning their products.

3.5 WIL does not accept any liability (except as stated in Section 5 (Liability) below) for products ordered using the Portal including the Wish List or from links to other retailer’s websites. All purchases are subject to the Standard Terms and Conditions of Sale. EXCEPT those purchased through affiliate or third party retailers. Where you purchase a product from an affiliate or third party retailer that purchase will be subject to the terms and conditions of that retailer.

3.6 The Portal is operated for your convenience only and WIL cannot guarantee that the Portal or any part of it (including the Wish List), will operate continuously or without interruptions resulting from system failure, maintenance or repair or for reasons beyond WIL’s control.

About the Wish List

3.7 The Wish List service forms part of the Portal and is operated by WIL.

3.8 To use the Wish List service you must register your details. Your details will be processed in accordance with the WIL privacy policy.

Acceptance of Gift Vouchers

3.9 Where you create a Wish List you agree that a third party may purchase a gift voucher for you rather than making a purchase from any list within the Wish List.

3.10 You agree that your use of gift vouchers will be subject to the terms and conditions applicable to their use.

3.11 Gift vouchers may not be exchanged for cash and are only usable on products advertised for sale by Retailers within the Portal.

3.12 You may use more than one voucher to purchase an item. Unused parts of gift vouchers will not be refunded.

Deleting a Wish List

3.13 You may delete a wish list at any time by accessing the portal and selecting the relevant wish list for deletion.

3.14 You accept that by deleting a wish list, products may have been purchased by third parties for you and that they may not be entitled to a refund or exchange in accordance with the Standard Terms of Sale.

4. TERMS AND CONDITIONS OF SALE

Your Relationship with Whatidlove

4.1 With the exception of gift vouchers, all products offered through the Portal are an invitation to you to make an offer to purchase those products from the relevant retailer. No contract will be made until you have received an email confirming your order.

4.2 WIL provide services to retailers using the Portal. Such services include allowing a retailer to advertise their goods or services through the Portal, providing e-commerce facilities and initial help line services. WIL does not actively participate in the sale of a retailer’s products or services and any purchase of products or services by you is a contract between you and the retailer. Where goods or services are advertised within the Portal, the retailer has agreed to be bound by these terms and conditions and they will form part of your contract with the retailer. Where you order goods or services from a third party via that party’s website, you agree to be bound by their terms and conditions.

4.3 Should you encounter any problems or have any queries with any products or services, you should contact the retailer directly. You will find the retailer’s details located in the Portal. If you have any problems contacting the retailer or your query relates to a Gift voucher, please contact WIL’s Customer Services by email at info@whatidlove.co.uk. WIL will assist as far as possible but has no legal power to intervene or settle any dispute or obtain any information on your behalf.

4.4 WIL reserves the right to modify these terms and conditions of sale at any time for any reason.

Returns and Refunds

In the event of a return, refund, or exchange, please contact the Retailer in the first instance. Contact details can be found on the Retailers' confirmation of purchase email.

4.5 You may cancel your contract for products with the retailer at any time up to the end of the seventh working day from the date you receive the ordered products. You do not need to give the retailer any reason for cancelling your order nor will you have to pay any penalty.

4.6 To cancel your contract you must notify the retailer in writing or by email quoting the product description and order number (if applicable). WIL cannot accept notification on behalf of the retailer.

4.7 If you have received the products before you cancel the contract then you must send the products back to the retailer at your own cost and risk. If you cancel your order but the retailer has processed the products for delivery, you must not unpack the products when they are received by you and you must send the products back to the retailer at your own cost and risk as soon as possible.

4.8 Once you have notified the retailer that you are cancelling your order, any sum debited from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your notice of cancellation PROVIDED THAT the products in question are returned by you and received by the retailer in the condition they were in when delivered to you. If you do not return the products delivered to you or do not pay the costs of delivery, the retailer shall be entitled to deduct the direct costs of recovering the products from the amount to be re-credited to you.

4.9 Your rights of cancellation do not apply to the following items:

  • (a) perishable products such as flowers or chocolates;
  • (b) bespoke or tailored products which have been created or altered to your order and work has already begun the item;
  • (
  • c) products which arrived sealed and can be copied such as software or audio/ video recordings.

4.10 Your statutory rights are unaffected by condition 4.9.

Retailer’s Right To Refuse Delivery

4.11 The Retailer may cancel the order with you if:

  • (a) they have insufficient stock to deliver the products you have ordered;
  • (b) they do not deliver to the area of the delivery address; or
  • (c) one or more of the products you ordered was listed at an incorrect price due to a typographical error or other error.

4.12 If the Retailer does cancel your order, they will notify you by email or if no email address has been supplied in writing, to the delivery address. Any sums deducted from your credit card will be re-credited to you as soon as possible but in the event within 30 days of the notice by the retailer cancelling the order.

4.13 The retailer is not obliged to offer any additional compensation for disappointment suffered by you or any intended recipient of a purchased product.

Delivery

If you have any questions about delivery, please contact the Retailer inthe first instance. Their details are provided on the order confirmation email.

4.14 The retailer will deliver the products ordered by you to the address you give for delivery at the time you make your order. If you wish to change the delivery address after placing the order, you should contact the retailer directly who will attempt to redeliver to the new address. If the products have been dispatched by the retailer prior to your request to change the delivery address, the retailer is not obliged to recall or redeliver the products.

4.15 Delivery will be made as soon as possible after your order is accepted. For estimated delivery times you should contact the retailer.

4.16 You will become the owner of the products you have ordered when they have been delivered to you. Once products have been delivered to you they will be held at your own risk and the retailer will not be liable for their loss or destruction.

Liability

4.17 If the products delivered to you are not what you ordered or are damaged or defective or the quantity delivered is incorrect, the retailer shall have no liability to you unless you contact them by email or in writing within 10 working days of delivery of the products in question.

4.18 If you notify the retailer of a problem under condition 4.17, their only obligation will be, at your option:

  • (a) to make good any shortage or non-delivery;
  • (b) to replace or repair any products that are damaged or defective; or
  • (c) to refund to you the amount paid by you for the products in question in whatever way the retailer may choose.

4.19 Save as precluded by law, the retailer shall not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to them under this condition and the retailer shall have no liability to pay any money to you by way of compensation other than to refund you the amount paid by you for the products in question under condition 4.18(c) above.

4.20 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase products or services via the Portal or a third party’s website. The importation or exportation of certain products sold by retailers using this Portal may be prohibited by certain national laws. Neither WIL nor the retailer make any representation and accepts no liability in respect of the export or import of the products you purchase.

4.21 Nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit the retailer’s liability to you for any death or personal resulting from their negligence.

4.22 WIL is not responsible for the truth and accuracy of the content and information contained in the Portal. WIL accepts no liability for incorrect product content including, but not limited to, item descriptions, item images, delivery dates and retailer contact information. Sole liability for any errors or omissions in respect of a retailer’s products (including delivery) lay with the retailer.Additional Costs

4.23 All products advertised for sale in the Portal are INCLUSIVE of VAT but EXCLUSIVE of postage and packing.

4.24 Postage will be charged at the rates advertised from time to time within the Portal.

Gift Vouchers

4.25 All gift vouchers purchased from WIL are subject to a fee of 4.5% to cover administration costs. This fee will be added to the total cost of the gift voucher and the whole amount, including the administration fee will be charged to your credit card.

4.26 Gift vouchers may be used in full or part payment of the total cost of any items (including delivery costs) purchased within the Portal. Where the value of the gift voucher exceeds the total value of the item or items purchased the amount of the voucher will be reduced.

4.27 WIL gift vouchers are valid for one year from the date of purchase. In the event that a gift voucher, or any portion of it, remains unused by the end of this period, the gift voucher will be become void and WIL shall not refund or return any monies.

4.28 In the event that a gift voucher is used to purchase an item and that order is subsequently cancelled either by you or the retailer under the terms outlined above, WIL will [refund the gift voucher amount and reissue a new gift voucher.

4.29 Gift vouchers cannot be redeemed against orders that have already been accepted by the retailer.

4.30 Gift vouchers cannot be redeemed for cash and have a nominal cash value of 0.001p.

4.31 Gift vouchers may not be used to purchase another gift voucher.

5. LIABILITY

5.1 Nothing in these terms and conditions of sale shall exclude or limit WIL’s liability for:

  • (a) death or personal injury caused by negligence; or
  • (b) fraud; or
  • (c) any other liability which cannot be excluded or limited under applicable law.

5.2 Except as provided for in paragraph 5.1 WIL, and any officers, employees, members or agents or any other party (whether or not involved in creating, producing, maintaining or delivering this Portal), exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party, in connection with:

  • (a) this Portal in any way or in connection with the use of it or a third party’s website;
  • (b) inability to use this Portal or a third party’s website
  • (c) any results of searching this Portal;
  • (d) any sites linked to this Portal or the material on such sites; or
  • (e) 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 this Portal or your downloading of any material from this Portal or any sites linked to this Portal.
  • 5.3 The liability excluded by paragraph 5.2 includes 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.

    5.4 Links to third party sites on this Portal are provided solely for your convenience. If you use these links, you leave this Portal. WIL has not reviewed these third party sites and does not control and is not responsible for these sites or their content or availability. WIL therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Portal, you do so entirely at your own risk.

    5.5 Responsibility for the security of any passwords issued rests with you.

    5.6 You shall fully indemnify WIL against all damages, losses and expenses arising as a result of any claim or action for your breach of these terms and conditions.

    6. COMPLAINTS AND CONTACTING US

    6.1 Should you encounter any problems or have any queries with products, either directly purchased by you or on your behalf through the Wish List, you should contact the Retailer directly. You will find their contact details within the Portal.

    6.2 If the product was obtained from a retailer outside of the Portal either through an affiliate or third party website please contact them directly. WIL is unable to assist where products are so purchased.

    6.3 If you have any problems contacting a Retailer or your query relates to a WIL gift voucher or the operation of the Wish List, please contact WIL’s Customer Services by email at info@whatidlove.co.uk. WIL will assist as far as possible but has no legal power to intervene or settle any dispute or obtain any information on your behalf.

    7. INTELLECTUAL PROPERTY

    7.1 All rights in the Portal (including the Wish List) and its content including copyright, design rights, patents, inventions, know-how, database rights, trade marks, source codes and any other intellectual property rights in any of the foregoing are reserved to WIL and / or Retailers and technology providers.

    7.2 For the purposes of these terms and conditions, any use of extracts from this Portal other than in accordance with paragraph 1.3 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Portal automatically terminates and you must immediately destroy any downloaded or printed extracts from this Portal.

    7.3 You may not remove, change or obscure the logos or any notices of proprietary rights on any content within this Portal.

    7.4 Any use of third party trade marks is not intended to imply any connection between us or our products and the trade mark proprietor or any of its products.

    8. THIRD PARTY RIGHTS

    The terms of this Agreement are enforceable only by the parties to this Agreement and no other party has any right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

    9. INVALIDITY

    If any part of these terms and conditions is unenforceable (including any provision in which liability is excluded) the enforceability of any other part of these conditions will not be affected.

    10. GOVERNING LAW

    The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

    11. ENTIRE AGREEMENT

    These terms and conditions, together with the retailers current website prices, delivery details, contact details and WIL’s Privacy Policy , set out the whole of the agreement relating to the supply of products by the retailer to you. Nothing said by any sales person on behalf of the retailer or WIL should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any products offered for sale by the retailer through the Portal. Save for fraud or fraudulent misrepresentation, neither WIL nor the retailer shall have any liability for such representation being untrue or misleading.

    Issue Date: 11.05.2007