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eBay Terms and Conditions - Draft 1 - 07/02/2018

Last Updated 7th February 2018
This eBay shop is operated by Retro Lounge UK Limited, (referred to as "Retro Lounge/Urban Gifts/(the) site/(the) shop/we/our/us"). As a user of this eBay shop (referred to as "you/your") you acknowledge that any use of this shop including any transactions you make ("use/using") is subject to our terms and conditions below, which include the following policies: Returns Policy, Privacy Policy, Delivery Policy.
Please read through these terms and conditions carefully before using this store, and print a copy for future reference. Also, read our Privacy Policy regarding your personal information.

1) General

We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted to our eBay account (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this shop and your continued use of the shop shall signify your acceptance to be bound by the latest terms and conditions.

2) Status of Terms

  1. By registering for/using Urban Gift’s services, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use any of our services.
  2. You agree to:
    1. provide true, accurate, current and complete information about yourself as prompted by our registration form (such information being the "Registration Data"); and
    2. maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Urban Gifts has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Urban Gifts has the right to suspend or terminate your account, cease supply and refuse you any and all current or future use of the Urban Gifts shop (or any portion of it).
  3. Urban Gifts is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the shop should assist them in setting up any relevant accounts and supervise their access to the shop. Once you have allowed your child access to the shop he/she will be able to access the entire shop. Please remember that the shop is designed to appeal to a broad adult audience. Accordingly, as legal guardian, it is your responsibility to determine whether the shop is appropriate for your child.

3) Place of performance and applicable law

Our company is based in England. Unless otherwise specified, the materials on this shop are directed solely at those who access this shop from the United Kingdom mainland. Urban Gifts makes no representation that any product referred to in the materials on this shop is appropriate for use, or available, in other locations. Those who choose to access this shop from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. English law shall govern this Agreement.
You and we each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

4) Placing an order

  1. A notice will be displayed on your web browser before you submit an order with Urban Gifts ("the Pre-contract Notice"). The Pre-contract Notice contains important information such as a description, price (including export taxes) and delivery charges of the good or services ordered. Please note that any prices show in currencies other than Pounds Sterling are estimates only and the final transaction will still be carried out in Pounds Sterling. Paying in Pounds Sterling if you are located outside of the UK may result in a conversion charge from your bank. Urban Gifts suggests that you print off a hard copy of the notice or save a copy to your hard drive for your own records.
  2. Urban Gifts will not be obliged to supply the goods or services submitted in your order until you have received an email from Urban Gifts accepting your order ("Order Confirmation"). However, in the event the goods or services are listed on Urban Gifts shop at an incorrect price due to typographical error or error in pricing information received from its suppliers but Urban Gifts have accepted your order before the discrepancy is noticed, Urban Gifts shall email you to ask whether you are willing to pay the correct price for the goods or services ordered. If you are unwilling to pay the correct price Urban Gifts reserves the right to cancel the contract immediately without any liability to you.
  3. [If Urban Gifts exercises its right under clause 4.2 to cancel a contract it will immediately issue a credit to your debit or credit card account if it has already made a charge to your card before cancelling your order.] OR
  4. [Urban Gifts will not charge your debit, credit card or PayPal account until the goods are despatched to you or it has commenced performance of the services sold to you.]
  5. [In the event that the goods ordered by you are not available Urban Gifts reserves the right to provide you with goods of a similar quality and specification and will inform you of such in the Order Confirmation.]
  6. All orders are subject to acceptance and availability.

5) Right to cancel

  1. You have the right to cancel any contract either:
    1. within thirty (30) days from the date of delivery if Urban Gifts has supplied goods to you; or
    2. within thirty days from the date Urban Gifts sent you the Order Confirmation if Urban Gifts has contracted to supply services to you, provided that Urban Gifts has not started to provide those services before the expiry of the cancellation period.
  2. The Cancellation Notice should be sent by to Urban Gifts via our Contact form, email,? eBay message or by calling our customer service telephone line. If calling in, you must have ready a description of the goods or services concerned and the contract number of the cancelled contract. Having the Order Confirmation Urban Gifts originally sent you open for reference will also assist Urban Gifts in processing your cancellation as quickly as possible. [The contract number is stated in the Order Confirmation e-mailed to you on Urban Gifts acceptance of your order.]
  3. Where Urban Gifts have supplied goods to you, you must take reasonable care of the goods in your possession pending their return to Urban Gifts. Urban Gifts will only accept the returned goods in their original packaging and which do not exhibit signs of wear or tear. Any use of the delivered goods beyond that necessary to inspect the goods on delivery will invalidate your right to cancel the contract.
  4. You must return the goods to Urban Gifts using our accepted returns service as recommended to you, or via a trackable returns postal service of your choice. If using a postal service of your choice, you are responsible for cost of the return of the goods. Please return all goods within five working days (excluding Saturdays, Sundays or Bank Holidays) from the date of the Cancellation Notice. You are responsible for the risk of damage to the goods in transit. If the goods are damaged in transit Urban Gifts reserves the right to refuse a refund and it will be your responsibility to seek compensation from the carrier.
  5. If goods are returned due to a change of mind on the part of you [the user], you [the user] will be responsible for the cost of the return. Please note that any monies refunded for a returned product due to a change of mind on the part of you [the user] will include the cost of the goods and our standard shipping costs and will not include the cost of any postage upgrades, e.g. Next Day delivery.
  6. Once Urban Gifts has received the returned goods and satisfied itself that you have complied with clause 5.3, it will send you confirmation by email that the return of the goods has been accepted by Urban Gifts and will make a refund within seven days of the contract price to your debit or credit card used to purchase the goods.

6) Content

  1. Urban Gifts has taken reasonable care in the preparation of the content of this shop. However, to the extent permitted by applicable law, Urban Gifts disclaims all warranties (express or implied) as to the accuracy of the information contained in any of the materials on this shop.
  2. Urban Gifts shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this shop.
  3. Certain links in this shop (typically a banner advert or icon) will lead to shops which are not under the control of Urban Gifts. When you activate any of these you will leave the Urban Gifts shop and Urban Gifts has no control over and will accept no responsibility or liability for the material on any shop which is not under the control of Urban Gifts.

7) Limitation of Liability

  1. Nothing in this Agreement shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of Urban Gifts.
  2. Subject to clause 7.1, you agree that Urban Gifts shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any:
    1. loss of profits, revenue or goodwill or any type of consequential, indirect or special loss or damage whatever arising from or in any way connected with this Agreement;
    2. direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under Urban Gifts' direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where Urban Gifts has been advised of the possibility of such loss or damage).
  3. You also agree that (except in relation to such liability as has been expressly excluded in clause 7.1 above) the maximum aggregate of liability of Urban Gifts in contract, tort, negligence, statutory duty or otherwise (even where Urban Gifts has been advised of the possibility of such loss or damage), for any loss or damage whatever arising from or in any way connected with:
    1. any defect in a product;
    2. any failure by Urban Gifts to process signals, data, information, orders or messages correctly or in a timely manner;
    3. any misrouting or non-delivery of signals, data information, messages or orders from you to other persons or from other persons to you, or any scrambling or distortion of data or information contained in them; and
    4. any liability not excluded by this Agreement shall, in respect of any one or more events or series or events (whether connected or unconnected) taking place within any twelve month period be limited, in the case of defects falling within clause 7.3.1, to three times the price of the relevant goods/services. This limit shall also apply in the event that any exclusion or other provision contained in this Agreement is held to be invalid for any reason and Urban Gifts becomes liable for loss or damage that could otherwise have been limited.
  4. You agree and acknowledge that you are in a better position than Urban Gifts to foresee and evaluate any potential damage or loss that you may suffer in connection with the goods and services provided by Urban Gifts, and therefore that Urban Gifts cannot adequately insure in respect of such liability. You warrant to Urban Gifts that you will insure against, or bear yourself, any loss for which Urban Gifts has excluded liability.
  5. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of liability set out in this clause 7 may not apply to you.
  6. We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

8) Indemnity

Save to the extent that it falls within the provisions of clause 7, you shall indemnify Urban Gifts and any third party (including its subcontractors) from and against any liability, losses, rights, expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement, and expenses, including legal fees, arising from your use of the Urban Gifts shop or purchase of goods and/or services from that shop which are brought or threatened against Urban Gifts or suffered or incurred by Urban Gifts by another person or entity.

9) Delivery

Delivery times quoted in the Delivery Policy are estimates only, and Urban Gifts shall not be liable for any delays caused except to the extent caused wilfully or negligently by Urban Gifts. However, unless we have agreed a longer period for delivery with you, we will either deliver goods and/or services within thirty days of you placing the order or we will let you know as soon as it will not be possible to meet this obligation. If we do let you know then we will either agree a new time for delivery with you or, at your request, refund any monies paid by you in respect of the delayed goods/services. Urban Gifts shall also not be liable should the delivery address provided be incorrect or incomplete. It is your [the user’s] responsibility to provide a delivery address that is correct and complete. Should the goods with an incorrect address be returned to Urban Gifts, we will contact you and either agree redelivery to your correct address for a fee, or, at your request, refund any monies for the cost of the goods paid by you, minus delivery fees. It is not the responsibility of Urban Gifts to ensure that an item with an incorrect address is returned to us, or that it is returned to us in a fit state.

10) Intellectual Property

All designs, text, graphics and their selection and arrangement on this shop are the copyright of Urban Gifts or its content providers. As a visitor to the Urban Gifts shop you are licensed to copy electronically or to print portions of this shop for your own personal, non-commercial use. Any other use of materials on this shop without Urban Gifts prior written consent is strictly prohibited.

11) Software

  1. Intellectual property rights in any software or any other copyrighted materials ("Software") and supporting documentation supplied by us to you remain our property or that of our licensors.
  2. Without our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 (as amended, supplemented or replaced from time to time) you shall not and shall not permit any other person to:
    1. disassemble, reverse engineer, decompile or in any other way interfere with the Software;
    2. copy or modify the Software; or
    3. create any new Software partly or wholly based on the Software.
  3. Subject to the terms of this Agreement, you are licensed to use the Software and associated documentation non-exclusively, but only for the purposes identified on the shop in relation to the Software.
  4. You must not transfer, assign or sub-license your right to use the Software or attempt to do so.

12) Typographical and Pricing Errors

In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse to meet or to cancel any orders placed for that product or service whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.

13) Matters beyond our Reasonable Control

Urban Gifts shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightning, flood, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.

14) Language

In the event of conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the English language version shall prevail.

15) Severability

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

16) This Agreement

This Agreement, together with our Privacy Policy, Returns Policy and Delivery Policy, contains the entire agreement and understanding between the parties relating to its subject matter, and (in relation to that subject matter) supersedes any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either party. Accordingly, we exclude all representations and warranties relating to the subject matter of this Agreement, whether they are statutory or otherwise, as far as is possible by law. In the event of conflict or inconsistency between the above documents, the following order of priority shall apply: (1) this Agreement (2) the Privacy Policy, Returns Policy and Delivery Policy.

17) Urban Gifts Privacy Statement

Registration Data and certain other information about you is subject to our privacy policy.

The Urban Gifts eBay shop is operated by:

Retro Lounge (UK) Limited
VAT is included (where applicable) at the UK standard rate.
VAT No: 109706808