| Terms and Conditions
Please read these terms and conditions carefully before using www.gibli.com
("Website") operated by gibli.com Limited ("Gibli", "Our", "We" or "Us")
(Company No. 5366788 and VAT No). In particular, we draw your attention to
clauses 8 (Applicability of online materials) and 12 (Liability) By
clicking on the "I Accept" button at the bottom of these terms and conditions
and then by accessing Our Website you agree to be legally bound by these terms
and conditions, as they may be modified and posted on Our Website from time to
time. If you do not wish to be bound by these terms and conditions then
you may not use our Website.
1. Nature of Our Website
Our Website is:
1.1 A place for one party ("Seller") to make available to others ("Buyer")
goods and/or services ("Products"), whether by way of sale or otherwise.
We do not buy or sell any Product;
1.2 Available only to individuals that can form legally binding contracts
under applicable law. In any event, you must be over 18 years old to use
the services of Our Website to buy and/or sell the Products.
2. Products for sale
2.1 To order a Product from a Seller you must follow the order procedure
set out on the order page.You must pay by [credit card or debit card] at the
time of order. The price of any Product is the price in force at the date
and time of your order. The Seller may change the price of any Product
before you place an order. We try to ensure that the prices displayed on
Our Website are accurate, but the price on your order will need to be validated
as part of the acceptance procedure. If a Product's correct price is
higher than that stated in your order you may cancel the order and decide
whether or not to order the Product at the correct price.
2.3 If your order is accepted [We on the Seller's behalf] will confirm
acceptance to you by online electronic means ("Confirmation") to the e-mail
address you have given Us [on registration/on ordering].
2.4 You must satisfy yourself:
2.4.1 That where you reside overseas (that is to say not in the same
jurisdiction as the Seller) it is lawful for you to buy and import such Product
in the jurisdiction in which you reside (see also clause 8).
2.4.2 Aas to the terms and conditions upon which the Seller is prepared to make
any Product available to you; and
2.4.3 That any Product will be fit for the purpose for which you
have bought it (and, if in doubt, it is your responsibility to notify the
Seller of this purpose before purchase).
WE GIVE NO WARRANTY OR REPRESETNATION AS TO THE QUALITY OF THE PRODUCT, WHETHER
IT IS FIT FOR YOUR PURPOSE OR CORRESPONDS WITH ANY DESCRIPTION GIVEN TO YOU BY
THE SELLER (See clauses 12.1, 12.2 and 12.3).Suspension
You acknowledge Our right, at any time, with or without notice to you, to
suspend all or any of the Products which a Seller may have made available to
Buyers through Our Website if in Our opinion it is in the best interests of Our
Website so to do. You agree that any suspension made by Us may be
temporary or permanent and may relate to a specific Product (or class of
Products).
4. Payments for Product
You undertake that all details you provide to [Us/the Seller/Us on behalf of
the Seller] for the purpose of purchasing any Product will be correct, that the
credit or debit card which you use is your own and that there are sufficient
funds or credit facilities to cover the cost of any Product. [We/the
Seller/We on behalf of the Seller] reserve the right to obtain validation of
your credit or debit card details before providing you with any Product.
5. Security
You are solely responsible in all respects for all use of and protecting the
confidentiality of any user name, e-mail verification and password that may be
given to you or selected by you for use on Our Website. You may not share
these with or transfer them to any third parties. You must notify Us
immediately of any unauthorised use of them or any breach of security regarding
Our Website that comes to your attention.
6. Modifications to Website
We reserve the right to make changes or corrections, alter, suspend or
discontinue any aspect of Our Website or the content or services available
through it, including your access to it. Unless explicitly stated to the
contrary, any new features including new content and/or the featuring and/or
sale of new Products shall be subject to these terms and conditions.
7. Information you provide to us
7.1 The following applies to any information you provide to us, for example
during any registration or ordering process:
7.1.1 You authorise Us to use, store or otherwise process any personal
information which relates to and identifies you, including but not limited to
your name and address, to the extent reasonably necessary to provide the
services which are available through Our Website by us, Our partners,
successors (including the purchaser of the whole or part of Our business),
associates, sub-contractors or other third parties (together Our ‘Partner
Companies’). These Partner Companies may be located in countries outside the
EEA that do not have laws to protect your information. Details of the companies
and countries involved in your case will be provided on request. If you would
like to request such information or review or modify any part of your personal
information then you should e-mail Us at [info@gibli.com].
7.1.2 If you feature Product(s) on Our Website and/or obtain or
choose to buy Products through Our Website then We may collect information
about your activities and if you send Us personal correspondence such as
e-mails or letters (or post reviews or other messages on any bulletin boards or
in any chat areas which may form part of Our Website) then We may collect this
information into a file specific to you (together, the various purposes set out
in this paragraph and in Our privacy policy shall be known as ‘the
Purposes’). All such information collected by Us shall be referred to in these
terms and conditions as ‘Personal Information’.
7.1.3 You must ensure that the Personal Information you provide is
accurate and complete and that all ordering or registration details (where
applicable) contain your correct name, address and other requested details.
7.2 By accepting these terms and conditions, you agree to the processing
and disclosure of the Personal Information for the Purposes. If you would like
to review or modify any part of your Personal Information then you should
e-mail Us at
7.3 In addition, the following also applies to all Product information,
messages, e-mails, bulletin boards postings, ideas, suggestions, concepts or
other material submitted by you to Us(‘Content’):
7.3.1 you must own or have the right to submit Content for publication on
Our Website and all Content submitted by you must be legal, honest, decent and
truthful and comply with all applicable laws, regulations, standards and/or
codes of practice;
7.3.2 you must ensure that all Content submitted to Us does not infringe
the copyright, design, privacy, publicity, data protection, trade mark or any
other rights of any third party, nor be obscene, abusive, threatening, libelous
or defamatory of any person or be otherwise unlawful;
7.3.3 you must ensure that the Content does not advertise or otherwise
solicit for funds or is a solicitation for goods or services other than Product
Information submitted by you for Product you are featuring on Our Website; and
7.3.4 We have the right (but not an obligation) to monitor Content and may
edit, reject or remove Content if We believe it does not comply with the above
and, in particular, We reserve the right to block incoming e-mails and other
Content if We believe that their content is or may be inappropriate or
otherwise does not comply with the above.
7.4 You grant Us a non-exclusive, irrevocable, royalty free, worldwide
licence to (i) hold a copy of any Product you have uploaded to Our Website and
to make and distribute copies of each Product as is required to deliver a copy
of the Product to any Buyer entitled to the same; and (ii) to publish all
Content that you submit to Us except any portion of the Content that is
Personal Information. You have sole responsibility for the Product and/or
Content which you submit to Us and you shall indemnify and shall keep Us fully
and effectively indemnified on demand from and against all actions, claims,
losses, liability, proceedings, damages, costs, expenses, loss of business,
loss of profits, business interruption and other pecuniary or consequential
loss (including legal costs and expenses) suffered or incurred by Us and
arising directly or indirectly out of holding, copying, distributing and/or the
publication of the Product and/or Content submitted by you to Us.
7.5 Without prejudice to the generality of clause 3 above, you warrant and
undertake that you will not use Our Website for any purpose that is illegal or
prohibited by these terms and conditions, including without limitation the
posting or transmitting of any libelous, defamatory, inflammatory or obscene
material. If you breach these terms and conditions then your permission to use
this Website terminates immediately without the necessity of any notice being
given to you (and without right to any refund of any sum paid to Us or a
release of liability for any sum due to Us from you). We retain the right to
deny access to any person who fails to comply with these terms and conditions.
8. Applicability of online materials
8.1 Our Website is controlled and operated by Us from [Our offices] in
[England]. [Where content published on the Website is supplied by third
parties, you understand that We do not control or endorse such content in any
way. All content which is offered by third parties that are not affiliated with
or otherwise connected with us, is published in good faith but We do not (to
the extent permitted by applicable law) accept responsibility for the accuracy
or otherwise of such content (whether published on or offline) and the use of
such content. You assume total responsibility and risk for your use
of Our Website and use of all information contained within it.
8.2 We have used all reasonable endeavours to ensure that Our Website
complies with UK laws. However, We make no representations that the materials
on Our Website are appropriate or available for use in locations outside the
UK. Those who visit Our Website from other locations do so on their own
initiative and are responsible for compliance with all applicable laws. If use
of Our Website and/or viewing of it, or use of any material or content on Our
Website or services, or products offered through Our Website are contrary to or
infringe any applicable law in your jurisdiction(s), you are not authorised to
view or use Our Website and you must exit immediately.
8.3 Gibli.com Limited makes no representations and gives no warranties, express
or implied that making the Products available in any particular jurisdiction
outside the UK is permitted under any applicable non-UK laws or regulations.
Accordingly, if making the Products or any part available in your jurisdiction
or to you (by reason of nationality, residence or otherwise) is prohibited,
those Products are not offered for sale to you. You accept that if you are
resident outside the UK, you must satisfy yourself that you are lawfully able
to purchase the Products. Gibli.com Limited accepts no liability, to the extent
permitted by applicable law, for any costs, losses or damages resulting from or
related to the purchase or attempted purchase of the Products by persons in
jurisdictions outside the UK or who are nominees of or trustees for citizens,
residents or nationals of other countries.
9. Copyright and monitoring
The contents of Our Website are protected by international copyright laws and
other intellectual property rights. The owner of these rights is Gibli.com
Limited, its affiliates or other third party licensors. All product and company
names and logos mentioned in Our Website are the trade marks, service marks or
trading names of their respective owners, including Us. You may download
material from Our Website for the sole purpose of placing an order with a
Seller or using Our Website as a shopping resource. However, you may not
modify, copy, reproduce, republish, upload, post, transmit or distribute, by
any means or in any manner, any material or information on or downloaded from
Our Website including but not limited to text, graphics, video, messages, code
and/or Report without Our prior written consent, except where expressly invited
to do so, for example in order to complete any test or questionnaire.
10. Linked sites
Gibli.com Limited make no representations whatsoever about any other
Websites which you may access through Our Website or which may link to Our
Website. When you access any other Website you understand that it is
independent from Gibli.com Limited and that We have no control over the content
or availability of that Website. In addition, a link to any other Website does
not mean that Gibli.com Limited endorses or accepts any responsibility for the
content, or the use of, such a Website and Gibli.com Limited shall not be
liable for any loss or damage caused or alleged to be caused by or in
connection with use of or reliance on any content, goods or services available
on or through any other Website or resource. Any concerns regarding any
external link should be directed to its Website administrator or web master.
11. Availability of Our Website
We will try to make Our Website available but cannot guarantee that Our Website
will operate continuously or without interruptions or be error free and can
accept no liability for its unavailability. You must not attempt to interfere
with the proper working of Our Website 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.
12. Liability
12.1 We give no warranty and make no representation that Products
featured on Our Website correspond with any description given by a Seller, are
sold by the Seller as being fit for any particular application or for use under
specific conditions. However We promise that any service We provide to you will
be provided with reasonable skill and care.
12.2 We exclude all other express or implied terms, conditions, warranties,
representations or endorsements whatsoever with regard to any products
(including without limitation the Products), Our Website or any information or
service provided through Our Website.
12.3 All content, materials and information on Our Website are provided
on an ‘as is’ basis and you assume total responsibility and risk for your use
of Our Website and use of all information contained within it.
12.4 We (including our parent, subsidiaries, affiliates, officers,
directors, employees and agents) accept no liability for any indirect or
consequential loss or damage, or for any loss of data, profit, revenue or
business (whether direct or indirect) in each case, however caused, even if
foreseeable. In circumstances where you suffer loss or damage arising out of or
in connection with the technical performance of Our Website, We accept no
liability for this loss or damage (except where We have been negligent) whether
due to inaccuracy, error, omission or any other cause.
12.5 If We are liable to you for any reason, Our liability will be
limited to the greater of (i) the amount paid by you to Us in the last twelve
months (that is to say ended on the date of the event, act or omission giving
rise to such claim) in respect of your use of Our Website and (ii) £50. This
limit does not apply to any liability We may have for death or personal injury
resulting from Our negligence or for Our fraudulent misrepresentation.
12.6 You are responsible for ensuring that your computer system
meets all relevant technical specifications necessary to use Our Website and is
compatible with Our Website. You also understand that We cannot and do not
guarantee or warrant that any material available for downloading from Our
Website will be free from infection, viruses and/or other code that has
contaminating or destructive properties. You are responsible for implementing
sufficient procedures and virus checks (including anti-virus and other security
checks) to satisfy your particular requirements for the accuracy of data input
and output.
12.7 The limitations and exclusions in this clause do not affect your
non-excludable statutory rights and only apply to the extent permitted by
applicable law.
13. Indemnity
Without prejudice to clause 7.4 you shall indemnify and hold Us (including our
parent, subsidiaries, affiliates, officers, directors, employees and agents)
harmless from any claim or demand (including Our legal fees) made by any third
party due to or arising out of your breach of this agreement (including any
documents incorporated by reference).
14. General
14.1 We may assign, transfer, novate or subcontract any or all of Our
rights and obligations under these terms and conditions at any time, but you
may not.
14.2 We may alter these terms and conditions from time to time and
post the new version on Our Website, following which all use of Our Website
will be governed by that version. You must check the terms and conditions on
the Website regularly.
14.3 These terms and conditions together with the privacy policy,
any order form and payment method instructions, if any, are the whole agreement
between you and Gibli.com Limited. You acknowledge that you have not entered
into this agreement in reliance upon any statement, warranty or representation
made by Gibli.com Limited or any other person and you irrevocably and
unconditionally waive any rights to claim damages and/or to rescind these terms
and conditions by reason of any misrepresentation (other than a fraudulent
misrepresentation) that is not contained in the terms and conditions, privacy
policy, order form and payment method instructions.
14.4 If any provision or term of these terms and conditions shall become
or be declared illegal, invalid or unenforceable for any reason whatsoever,
such term or provision shall be divisible from the other terms and conditions
and shall be deemed to be deleted from them.
14.5 These terms and conditions and your use of Our Website are governed
by English law and you submit to the non-exclusive jurisdiction of the English
court.
14.6 Except in respect of a payment obligation, neither you nor
Gibli.com Limited will be held liable for any failure to perform any obligation
to the other due to causes beyond your or Gibli.com Limited respective
reasonable control.
14.7 Failure or delay by either party enforcing an obligation or
exercising a right under these terms and conditions does not constitute a
waiver of that obligation or right.
14.8 These terms and conditions do not confer any rights on any person or party
(other than you and/or us) pursuant to the Contracts (Rights of Third Parties)
Act 1999.
15. Notices
15.1 All notices shall be given:
15.1.1 to Us via e-mail at [info@Gibli.com] or by post at [Gibli.com
Limited, Room 4 Foremost House, Radford Way, Billericay, Essex, England CM12
0BT]; or
15.1.2 to you at either the e-mail or postal address you provide during
any registration process.
Notice will be deemed received when an e-mail is received in full (or else on
the next business day if it is received on a weekend or a public holiday in the
place of receipt) or 3 days after the date of posting.
16. Replacement
These terms and conditions replace all other terms and conditions previously
applicable to the use of Our Website.
Please select ‘I agree to these terms and conditions’ to confirm your
acceptance of these terms and conditions. |