1 Introduction
1.1 We are Delivery Code Ltd, a company registered under registration number 08662491 (DC).
1.2 These terms and conditions (the "Terms") are the terms which apply when you access the website http://www.deliverycode.com (the "Website"). Any reference to User in these Terms is a reference to you, the user of the Website.
1.3 By accessing this Website you agree to be bound by these Terms. We recommend that you keep a copy of these Terms for future reference. These Terms are only available in the English language.
1.4 We reserve the right to amend these Terms from time to time without notice to you. Please check the Terms periodically to see whether a change has been made to them. If you do not agree with any change in these Terms, please discontinue further use of the Website. Your continued use of the Website will signify your acceptance of any change in the Terms set out here.
1.5 This version was introduced on March 2021.It was our practice to issue gift vouchers “Gift Vouchers” which with effect from 1 November 2020 we ceased to do. Any Gift Vouchers issued prior to 1 November 2020 will be honoured.
1.6 If you have any questions, complaints or comments on this Website then you may contact us by email to help@deliverycode.com
2 Recipients and Purchasers
2.1 The Website is a platform for Users to either create a wishlist of items (Wishlist) they wish others to buy “Gifts and the Website is a platform, that facilitates such purchases.
2.2 A User who creates a Wishlist is a “Recipient” and a User who buys Gift from a Wishlist” is a “Purchaser”. User refers to Recipients or Purchasers.
2.3 If a Recipient posts any data whether this is the Wishlist or content accompanying the Wishlist on the Platform is “User Content”.
2.4 There is no contractual relationship created between the Purchasers and Recipients or duty of care owed by the Purchasers to the Recipients and vice versa.
2.5 Nothing in these Terms constitute an agency relationship between DC and Purchasers. Although DC buy Gifts on behalf of the Purchasers the placing of the purchase “Order” by the Purchaser and the purchase of the Gifts by DC are two separate contractual relationships: Purchaser contracting with DC to buy the Gift and DC buying the Gift.
2.6 A Recipient can terminate its use of the Website on written notice. It will be the Recipient’s responsibility to:
2.6.1 (if applicable) update the User Content so Purchasers are aware of the termination of the Recipient’s use of the Website;
2.6.2 use any Gift Vouchers issued before 1 November 2020. Any such Gift Vouchers unused at termination may at DC’s discretion be cancelled by DC;
2.6.3 any order for Gifts for the Recipient placed pursuant to clause 7.3 will despite the termination of the Recipient’s account be processed.
2.7 If a Recipient has not accessed the Website for a year then DC reserve the right to terminate the Recipient’s use of the Website on one month’s written notice.
2.8 If a User is in breach of these terms or any applicable law then DC may immediately terminate the User’s use of the Website on notice.
3 Your Use of the Website
3.1 Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, DC grants to the Users a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited license to use the Website for the User’s own lawful and personal use only.
3.2 Any use of the Website other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by DC.
3.3 The Website its contents and any copyright, database rights, trade marks, design rights and other intellectual and proprietary rights of whatever nature, anywhere in the world are owned by DC.
3.4 DC does not warrant that the Website is compatible with all devices and operating systems. It is the User’s sole responsibility to determine whether or not the Website is compatible with the User’s device.
3.5 If a Recipient creates and publishes User Content on the Website, each Recipient authorize other Users to access and view (without downloading or copying) the User Content for their own lawful and personal use. Each User represents, warrants and undertakes that for each submission:
3.5.1 the User owns, has a valid license to, or otherwise control all rights in and to your User Content;
3.5.2 to the extent that User Content includes or utilises any third-party property, the User has secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in the User Content;
3.5.3 Each User will adhere to the Acceptable Use provisions of clause 4.
3.6 You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
3.7 You shall indemnify DC, DC’s licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your User Content.
3.8 You grant DC and DC’s licensees, successors, and assigns the worldwide, perpetual, non-exclusive, royalty-free, sublicensable, and transferable right to use, reproduce, modify, perform, display, distribute, prepare derivative works of, and otherwise disclose to third parties any such material.
4 Acceptable Use Policy
4.1 Your use of the Website; publicising any Wish List and posting of User Content must not:
4.1.1 harass in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive/rude language,
4.1.2 impersonate others;
4.1.3 share any private conversations or information with any licensed employee, host, representative, as well as other members or visitors to the public as this is considered an invasion of privacy.
4.1.4 constitute content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence,
4.1.5 violate the rights of any party or which may otherwise give rise to liability or violate any law or bring DC or the Website into disrepute.
4.1.6 post any User Content depicting any person under 18 years old and you will maintain written documentation sufficient to confirm that all subjects of your submission are in fact 18 years old or older; and
4.1.7 be used for commercial purposes. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
4.2 DC does not and cannot review all communications and User Content and is not in any manner responsible for the User Content. DC is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.
4.3 You acknowledge that by providing you with the ability to view and distribute User Content DC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website.
4.4 DC reserves the right to block or remove User Content that it determines to be in breach of the provisions of clause 4.1 and to terminate any Recipient’s rights to use the Website.
5 Registration
5.1 To become a Recipient or Purchaser you will need to register. When you register you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please edit the information immediately on the “My Account” page. Additionally, we reserve the right to obtain information as a result of authentication or identity checks if we deem it necessary.
5.2 When you register, you will be subscribed to our newsletter. At all times, you have the option to unsubscribe on an automated unsubscribe link attached to the email.
5.3 When you register you will be asked to create a username and password. You must keep your password confidential and not disclose it or share it with anyone. You will be responsible for all activities that occur under your password.
5.4 If you forget your password, please click the link on the login page.
6 Assembling the Wishlist
6.1 Each Recipient will select its own Wishlist. DC will make available on the Website a list of retailers from whom it will procure the purchase of the Goods.
6.2 Each Recipient acknowledges to DC that:
6.2.1 DC will not advertise; market or publicise any Wishlist. That is the responsibility of the Recipient;
6.2.2 specific Gifts may not be bought for the Recipient by a Purchaser;
6.2.3 specific Gifts may be out of stock or unavailable when a Purchaser wishes to purchase;
6.2.4 that he/she will have to make their own enquiry as to specification (size; colour; functionality etc) of the Gifts;
6.2.5 that they are not guaranteed to receive Gifts purchased by Purchasers;
6.2.6 DC maintains an ultimate discretion as to whether include certain Gifts on the Wishlist;
6.3 If the Prices on a Wish List are incorrect (whether due to currencies or otherwise) the Recipient must contact DC whereupon DC can assist in converting the prices.
6.3.1 DC purchases Gifts from third party sites on behalf of the Purchasers and is not responsible for the quality of the Gifts nor when they arrive;
6.3.2 DC is not a delivery or warehouse service;
6.4 The Recipient further acknowledges that:
6.4.1 if the preferred retailer of particular Gifts do not ship to their country and does not take US/UK billing then the Gift may not be purchased;
6.4.2 DC can only purchase Gifts from retailers which accept international billing addresses;
6.4.3 Gifts sent from a different country to that of the Recipient may require the Recipient to pay local duties and taxes.
6.5 If for any reason and not limited to this clause or the Gift being out of stock DC cannot purchase any Gift, we will inform the Recipient and Purchaser by separate email.
6.6 When compiling the Wish List the Recipient must enter all relevant details (sizes/colors/styles) and if the Recipient fails to do so the default item may be ordered if an Order is placed.
6.7 The Recipient acknowledges that any Gift Vouchers have no monetary value and can only be used by the Recipient to request DC to buy Gifts for the Recipient. If the Recipient uses the Gift Vouchers then the Recipient is for the purposes of these Terms a Purchaser.
7 Purchase of WishList
7.1 Any order “Order” made by a Purchaser to buy Gifts for a Recipient constitutes an irrevocable instruction by the Purchaser to DC to buy the Gift. The Purchasers acknowledge that all Orders are subject to availability and to acceptance by DC. DC do not accept requests from Purchasers for cancellation or refunds of Orders;
7.2 The Purchaser has the option to send a message with the Gift. DC will endeavour to pass on this message, preferably with the Gift (although not all retailers have this option) or by email. DC monitors the content of these messages and reserves the right to block messages if they are deemed unsuitable in any way.
7.3 Once an Order has been placed, the Purchaser will receive an e-mail acknowledging the Order. This email is not confirmation that your Order has been placed, just a confirmation that DC has received the Order. Once the Order has been processed by DC, the Purchaser will receive a secondary e-mail to confirm the Order has been placed with the retailer. DC does not provide any personal tracking information associated with the delivery of Gifts as this information may contain sensitive personal information pertaining to the Recipient.
7.4 DC currently accepts payment via all major credit cards, including Visa, American Express, Diners Club International, JCB.
7.5 The Purchaser acknowledges that:
7.5.1 DC takes reasonable care to make the Website secure;
7.5.2 all credit/debit card transactions are processed using a secure payment gateway;
7.5.3 some accounts and orders may be subject to further verification before the order can be processed on our end;
7.5.4 the Purchaser is unlikely to be able to exercise the statutory consumer rights that the Purchaser may otherwise have been entitled to exercise if the Purchaser had bought the Gift direct from the retailer as a consumer;
7.5.5 all matters concerning the shipping process from those sites are solely the responsibility of that site. You hereby waive any claim you might have against DC with respect to that process;
7.5.6 in the absence of negligence on our part DC cannot be held liable for any loss a User may suffer if a third party procures unauthorized access to any data provided when accessing or ordering from the Website;
7.5.7 any queries or concerns must be brought to DC’s attention by emailing: help@deliverycode.com
8 Receipt of Wishlist
8.1 A Recipient will receive an email from DC informing the Recipient that an item from the Recipient’s Wish List has been purchased and the Gift will then show up as 'purchased' on the Recipient’s Wish List.
8.2 Once the retailer has informed DC that the Gift has been shipped, the Recipient will receive an email confirming this and the item on the Recipient’s wish list will show up as 'shipped'.
8.3 The Users acknowledge:
8.3.1 DC will attempt to process all Orders as soon as possible but all Orders are processed with base shipping, DC does not typically use one day or overnight packages unless pre-set by the ordering site as an option;
8.3.2 if a Gift is out of stock DC will try to find the item on another site. If DC is unable to order an alternative from another site or has issues with the site linked, DC will inform the Users by separate email and will deal appropriately.
8.4 If, the Recipient finds the Gift unsuitable then it is the Recipient’s responsibility:
8.4.1 to follow the instructions according to retailer concerned, received in the parcel.
8.4.2 to inform DC that the Gift has been returned and unless it is a straightforward exchange DC will at its discretion advise how this is resolved.
9 Pricing Policy
9.1 For each Order DC charges Purchasers:
9.1.1 a surcharge/fee in addition to the price of the Gift which is equal to 15% of the Gift’s value. This surcharge/fee is charged to cover the cost of our payment merchant and all associated admin costs;
9.1.2 a Delivery Charge to cover any shipping costs. It is a set fee per Order - USD: $9.99, GBP: £7.99, EUR: €9.99 which does not differentiate between retailers;
9.1.3 a 8% sales tax on all USD orders.
9.2 DC uses US software to generate prices from third party sites. All prices are in USD$ or GBP£. Please note that some UK sites will, therefore, display a product price in US dollars $. The price is set by the third party site itself, and not DC. Please also note that not all prices are final and Purchasers using vouchers are responsible for all shipping, taxes, duties & fees associated with their order before and after final purchasing of product.
9.3 For any Purchaser who adds items in currencies other than USD and GBP DC will issue back the difference to the gift card balance on the Gift if a refund is warranted but after paying all cost including shipping and fees.
10 Governing Law and Dispute Resolution
10.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales (without regard to the conflict of laws provisions thereof) and that any dispute between you and DC concerning the Website or arising out of or related to these Terms shall be resolved exclusively in the courts of England and Wales (save that if you are a consumer resident in Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are consumer resident in Scotland, you may also bring proceedings in Scotland).
11 General
11.1 Any notice sent by DC to you will be sent via email to the address with which you registered and any notice sent by you to DC will be sent via email to help@deliverycode.com. In both cases will deemed to have arrived 9am UK time the day after it was sent.
11.2 The Terms constitute the sole and entire agreement between you and DC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.
11.3 The Contracts (Rights of Third Parties) Act 1999 is excluded.
11.4 DC may assign any rights granted or delegate any performance required herein without notice to you. You will not assign, delegate, or sublicense any of your rights or obligations without advanced written consent from DC. Any attempted assignment, delegation, or sublicense by you without advanced written consent from DC will be void.
11.5 DC is not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.