Terms and Conditions

Shipping

This page, together with the documents referred to on it, explains the terms of use on which you may make use of our website www.magicalsanta.co.uk (our "Site") or any application we make available via an app store or otherwise (our "Service") and the products available on our Site (our "Products"), whether as a guest or as a registered user. Please read these Terms & Conditions carefully before you start to use our Site or our Service. By accessing our Site and/or placing an order (an "Order"), you are agreeing to be bound by these Terms & Conditions. If you do not accept these Terms & Conditions, please do not use our Service.

Information about us

MagicalSanta.co.uk is a website operated by Magical Gifts ("we" or "us"), whose office is at 60 Waldron Road, London, SW18 3TD. Magical Gifts is a business that sells personalised, made to order gifts, based on details entered by the customer.

Accessing our service

Access to our Site and to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Service without notice. We will not be liable if, for any reason, our Site or our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site or our Service, or our entire Site or Service to users who have registered with us. You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact us straight away to let us know. We can deactivate your account at any time.

Acceptable use

You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service.

Ordering

When you place an order through our Service, a screen confirming your order will be displayed (the 'Confirmation Screen') containing details of your Order. The contract between you and Us will only be formed when you have been presented with the Confirmation Screen. Please ensure that you have given us the correct email address as this is how we will communicate with you about your Order. Should you make a mistake during the ordering process you must notify us as soon as possible.

You are responsible for ensuring that all details which you provide to us for the purposes of your Order and its delivery are correct.

We will try to ensure that your order is delivered before Christmas and on time. However, we do not accept any responsibility for late or failed delivery if outside Magical Gift's control. The names, personal details and addresses used to complete your letter can only be checked by you the customer. Please ensure the details are correct at the time of purchase.

Last Postage Dates

Online preview

During the ordering process you have the option to preview your Product prior to purchase. While we aim to create an as accurate as possible representation of your Product, we cannot guarantee that the layout, fonts and colours displayed on your screen will exactly match those in the final printed item.

Availability

All Products are subject to availability.

Delivery

During the ordering process you will specify the place of delivery for each Product. It is your responsibility to ensure that all delivery information is accurate and up to date.

Delivery costs and options are set out clearly on our website and in your shopping basket at the time you place an order.

If your Product is defective or damaged on delivery you must contact Magical Gifts within 14 days of receipt via email at santashelper@magicalsanta.co.uk and include a photo of the item.

Refunds

Due to the highly personalised nature of our Products, we regret that refunds are not available, unless Magical Gifts has made a mistake (see below). You are responsible for ensuring that all personalisation details supplied to us are correct at the time of ordering.

You have the right to cancel your order and receive a full refund under the following circumstances: we fail to deliver your order within 45 days after the date you placed the order; your Product is defective or damaged (in which case Magical Gifts shall require a photo of the item from you within 14 days of receipt). To notify us of your wish to cancel you must email us at santashelper@magicalsanta.co.uk.

Payment

The price of any Product will be listed on our Site. Prices will vary between products. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with on the Confirmation Screen, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your order once we notify you. Payment is by credit or debit card through our Service. Once your order has been confirmed your credit or debit card will have been authorised and the amount marked for payment. Payment is made directly to Magical Gifts.

Our liability

To the extent permitted by law, Magical Gifts provides our Service and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free, that defects will be corrected, or that our Service Subject to the previous paragraph, Magical Gifts shall have not have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service. In the event that Magical Gifts is found to be liable to you our total aggregate liability is limited to the purchase price of the Products you have paid for in your order. This does not include or limit in any way Magical Gifts's liability for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.

Events outside of our control

No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, these shall not excuse the Customer from any payment obligations under this Agreement.

Waiver

Neither you nor Magical Gifts shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.

Severability

If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

Entire agreement

This Agreement and the documents annexed as appendices to this agreement or otherwise referred to in it contain the whole agreement between the parties relating to the subject matter of it and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.

Our right to vary these Terms & Conditions

Magical Gifts may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

Law and Jurisdiction

The English courts will have jurisdiction over any claim arising from, or related to, a visit to our Service, or use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Interactive features of our site

We may from time to time provide certain features which allow you to interact through our Site or our Service such as chat rooms. Generally, we do not moderate any interactive service we provide, although we may remove content in contravention of these Terms of Use. If we do decide to moderate an interactive service, we will make this clear before you use the service and normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to our Service (the "Contributions"), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions 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 and in any country from which they are posted.

Contributions must not:

• contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right or trademark of any other person;
• be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity;
• be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or 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 or 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.

Suspension and termination

Failure to comply with these Terms & Conditions constitutes a material breach of use, and may result in our taking all or any of the following actions:

• immediate, temporary or permanent withdrawal of your right to use our Service;
• immediate, temporary or permanent removal of any posting or material uploaded by you to our Service;
• issuing of a warning to you;
• legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
• The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.

Intellectual property rights

We are the owner of or the licensee of all intellectual property rights in our Site and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.

Reliance on posted information

Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.

Our site and our service changes regularly

We aim to update our Site and our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and our Service, or close them indefinitely. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.

Our liability

We have taken every care in the preparation of our Site and our Service. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Site or our Service. If we are informed of any inaccuracies on our Site or in our Service we will attempt to correct this as soon as we reasonably can. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Site, our Service, and any website linked to our Site and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

Information about your use of our service

We collect certain data about you as a result of you using our Service. This is described in more detail in our Privacy Policy.

Uploading material to our site or service

Any material you upload to our Service or data that we collect (as set out above) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.

Links from our site

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and applicable law

The English courts will have jurisdiction over any claim arising from, or related to, a visit to our Site or use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

Your concerns

If you have any concerns about material which appears on our Service, or have any questions relating to these Terms & Conditions, please contact santashelper@magicalsanta.co.uk