Gifting Terms & Conditions
Whirli Limited is a company registered in England under company number 11249414 and with VAT number 294 3295 73 (the "Company" ). The Company operates the website: https://whirli.com (as may be amended from time to time) (the "Website").
Understanding these terms and conditions
- These terms and conditions (these "Terms") apply to the purchase of gifts including toys, cards, and electronic gift codes (the "Gift") on the Website, whereby the Gift is intended for another party (the "Recipient") to receive receive and redeem on the Website.
- When certain words and phrases are used in these Terms, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
- In these Terms, when we refer to "we", "us" or "our", we mean the Company; and when we refer to "you" or "your" we mean you, the person purchasing the Gift via the Website.
- Please note that any subscription to the toy subscription service made available by the Website (the "Subscription Service" ) including where purchased by the redemption of the Gift by the Recipient, shall also be governed by the subscription terms and conditions (available here) (the "Subscription Terms").
Purchasing the Gift
- You must be at least 18 years old to purchase a Gift on the Website.
- To purchase a Gift, follow the instructions set out on the Website. You will need to enter your email address to complete the order process. During this process you will be able to check and amend any errors before submitting your order to us. The Website is only available in the English language.
- We accept payment for Gifts by MasterCard, Visa, Amex or other payment methods that may be set out in the order process from time to time.You confirm that the card or bank account which is being used is yours, or that you have the authorisation of the card holder to use it.
- Your order for a Gift is an offer by you to us. If we accept your order we will confirm our acceptance of your offer and deliver a receipt of your order to you by e-mail promptly, at which point a contract will be formed between us in respect of your purchase of the Gift (the "Contract"). If we do not accept your order, we will promptly notify you by email.
- Your Gift may include a code that is redeemable for credit towards the Subscription Service, or a physical toy, or both, based on what you selected during the process for purchasing the Gift.
Terms applying to the use of Gifts (including gift cards, gift codes and gift toys)
NOTE THAT THIS CLAUSE 3 APPLIES TO YOU AND TO ANY USE OF THE GIFT BY THE RECIPIENT. YOU MUST MAKE THE RECIPIENT AWARE OF THE TERMS OF THIS CLAUSE 3.Gift cards and gift codes
- The value of the Gift can be redeemed by the Recipient against any of the subscription plans offered via our Subscription Service. You can choose to add physical toys to the Gift, up to the value of the Gift (see clauses 3.6 – 3.10 (inclusive) for more information).
- Gift codes expire 12 months after purchase, after which the gift code will become invalid and no longer available to use. Gift codes cannot be redeemed in whole or part in cash, nor may it be used in conjunction with any other discounts or offers.
- Purchasing a gift code does not automatically begin the Subscription Service. The gift code will need to be redeemed and activated on the Website by the Recipient to begin the Subscription Service.
- It is your responsibility to ensure your Recipient can access our Subscription Service.
- Gift codes and gift cards can only be redeemed once. They are non-refundable and cannot be replaced if lost or stolen. Get in touch with customer services at [email protected] for any help you may require. Gift toys
- You can choose to add physical toys to your Gift for a handling fee, as set out in the instructions and the order process on our Website at the time you make your order for the Gift.
- Any physical toys added to your Gift are hired as part of your Gift, and do not constitute the sale of brand new toys.
- We only make toys available that are in good working order. Toys may have been used by other subscribers to our Service, but in each case we will ensure that the toys are in good working order prior to delivering any to you or the Recipient.
- If the Recipient chooses not to redeem the gift code, or start a Subscription Service with their Gift, they may keep the physical toys you have included in your Gift.
- If the Recipient chooses to redeem the gift code and enter into a Subscription Service with us before expiry of the gift code, the gifted toys are deemed to be toys held in their possession and account under the Subscription Terms. Accordingly, the Recipient will need to eventually return the toys to us or purchase them outright in accordance with the Subscription Terms.
Electronic gift codes
- Electronic gift codes will be made available to you via email on request Physical gift cards and toys
- During the ordering process, you may specify for the Gift to be delivered to yourself, or the Recipient, and we will collect from you the address to deliver the Gift to. Gifts can be delivered to your or your Recipient's home or work address in the United Kingdom.
- We will deliver Gifts between three and four business days after receiving your order. You may have the option, for an additional payment as set out on the Website, to select an expedited delivery during the order process.
- If Gifts are sent for delivery but cannot be delivered then such Gifts will be sent to the nearest Collect Plus or Post Office pick-up location. If such Gifts are not collected by you or the Recipient (as applicable) within the time frame made available by Collect Plus or the Post Office (as applicable) then such Gifts will be returned to us and your order for those Gifts will be cancelled.
- Gifts, including any physical toys you may have added to the Gift, shall remain at our risk until we deliver them to the delivery location you specified.
- We may use third party delivery companies to assist us with the delivery of Gifts but any such third party delivery company is acting on our behalf and your contract remains with us.
Cancellation and refunds
This clause 5 relates to your rights under the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013 to cancel your purchase of a Gift and receive a refund. You can obtain advice about your right to cancel your purchase from your local Citizens' Advice Bureau or Trading Standards Office.
- You have the right, under the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013, to cancel the purchase of any Gift within 14 days without giving any reason provided that Gift has not been used and that any gifted toys have been returned. The cancellation period will expire after 14 days from the day on which you or the Recipient (as applicable) receives possession of it.
- If you wish to exercise your right to cancel in accordance with clause 5.1, you must contact us to let us know that you are doing so. You may do this by emailing us at [email protected] or by making any other clear statement to us setting out your decision to cancel the Contract. We will send you an acknowledgement of receipt by email
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired provided the relevant Gift has not been used during this period.
- These cancellation rights can only be exercised by you (the purchaser of the relevant Gift) and cannot be exercised by the Recipient.
- If you cancel the purchase of a Gift in accordance with this clause 5, we shall cancel that Gift and refund the purchase price to you. Refunds will only be made to the credit or debit card(s) used to make the original payment.
- If the Gift is redeemed during the 14-day cancellation period set out in this clause 5 then the Gift has been fully consumed and you will no longer have the right to cancel under this clause 5.
Nothing in these Terms excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; and
- any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time the Contract was formed.
- Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
- We only supply the Gifts for domestic and private use. You and the Recipient agree not to use the Gift, including any physical toys you elect to include in your Gift, 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.
- Different limitations and exclusions of liability will apply to liability arising as a result of you or the Recipient subscribing to our Subscription Service which is set out in the Subscription Terms (available here).
- Notwithstanding clause 6.2, and save as set out in clause 6.1, our maximum liability to you under these Terms in respect of any particular Contract will be limited to the value of the Gift purchased under that Contract
- Nothing in these Terms excludes or limits our liability for:
Change to These Terms
- We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms)but the Terms applicable at the time the particular Contract is formed will apply to that Contract. Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you order the Gift.
Other Important Information
- Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
Governing Law and Jurisdiction
- These Terms are governed by English law. This means that your Contract for the purchase of Gifts, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by English law.
- You can bring proceedings in respect of these Terms in the English courts. However, as a consumer, if you live in another European Union member state you can bring legal proceedings in respect of these Terms in either the English courts or the courts of that Member State.
As a consumer, if you are resident in the European Union and we direct the sale of Gifts to the member state in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including clause 9.1, affects your rights as a consumer to rely on such mandatory provisions of local law.
Terms last updated 04 August 2020