Terms and ConditionsThe Big Gift Shop | The Big Gift Shop Retro Games, Music, and Guernsey Flags

Terms and Conditions when using our Website

1. Acceptance of Terms of Use and Amendments.

Each time you use or cause access to this web site, you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy below for reference.

Please note that by European law, we must now notify you that Cookies are used for information gathering on our site. Cookies are used for searching the products, adding to basket, checkout process, purchase history, and other cart services. At no time will your information be used by a third party. By using our website you therefore agree to the use of Cookies, If you do not agree, then please close down this browser page.

2. Our Service.

Our web site and services provided to you on and through our web site on an "AS IS" basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

3. Your Responsibilities and Registration Obligations.

In order to use this web site, you must or may be asked to register on our site and agree to provide truthful information when requested. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here.

4. Privacy Policy.

Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy, but is ONLY used for your own data usage on your own account and will never be provided by us to any third party.

5. Registration and Password. You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.

6. Your Conduct.

You agree that our web site may expose you to Content that may be objectionable or unintentionally offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.

You explicitly agree, in using this web site or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

7. Third Party Services.

Goods and services of third parties may be advertised and/or made available on or through this web site as we often offer custom 'made to order' items that go to print once an order is placed.. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties though us. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties direct.

8. Indemnification.

You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable legal fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your violation of this {:Terms of Use:} or any other violation of the rights of another person or party.

9. DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

10. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

11. Reservation of Rights. We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.

12. Notification of Copyright Infringement. If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, please contact us immediately, providing a link to the product/s listing/s that are in question, andc we will resolve the matter once verified.
Click to contact our webmaster

13. Applicable Law.

You agree that this {:Terms of Use:} and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.

14. Miscellaneous Information. (i) In the event that this {:Terms of Use:} conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this {:Terms of Use:} will remain valid and intact; (ii) The failure of either party to assert any right under this {:Terms of Use:} shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this {:Terms of Use:} and we shall be relieved of any further obligation.

15. Consent

By continuing to browse or otherwise accessing the web site, you signal acceptance of the terms and disclaimer set out above. If you do not accept any of these terms, leave this Web Site now.

16. Refund and exchange Policy.

Refunds will be considered, should you receive the incorrect item, or it has been damaged on delivery. Refunds and exchanges will only be accepted when you contact us to inform of any issues, and request a 'Return'. Once we verify the means of return, we will either send a replacement item, with your agreement of course, or ask you to return the item, with the original packaging it arrived in, back to us at our address on the contact us page. It would be advisable to send any returns by postal service requiring either insurance or signature on delivery, so as to ensure your item should not go missing. We will also ask for a copy of your proof and cost of posting, which will be refunded once the item has been received, and inspected to ensure it abides by the policy. Items that will not be accepted for refunds or exchanges are - items of clothing, or jewellery, unless still sealed in its original packaging. This is due to health and safety concerns. If an item received back shows obvious signs of any usage, a refund will not be provided. Refunds will not be given for CUSTOM ORDERS of your own designs as we cannot control the quality of the original image you provide, if deemed too low a resolution.

17. Country taxes.

All our items are shipped free post worldwide. Should your country or State impose a sales or import duty tax on goods being received, you should be aware of this and accept this, as we will not be responsible for any excess charges due to your local law for import duties

Our Privacy Policy

Below we set out our privacy policy which will govern the way in which we process any personal information that you provide to us. Our details are :
shown on this sites contact page.

The site owner can be contacted at the email address on this sites contact page

You can access our {:home page:} and browse certain areas of the site without disclosing your personal data save information collected by cookies that we may use (see below).

Who may Process Data

Your personal information (which includes your name, address and any other details you provide to us which concern you as an individual) may be processed both by us and ONLY by other companies within our group. Each of the companies authorised to process your information as mentioned above will do so in accordance with this privacy policy. When you place an order via this website we will store your e-mail address along with any other information you may provide. When you use the services on the website, we may need to collect further information about you. This information may include, but is not limited to, details such as your name and address.

Purpose of Processing

We will use your information for the purpose of providing you with information about our services, articles and news, fulfilling orders placed by you, processing any other transactions authorised or made by you with us, informing you of special offers and providing other marketing information to you which we think you may find of interest, undertaking product or customer research/development. Time to time we may email you with updates etc, which you agree to once you register.

Disclosure of Information

In the unlikely event that a liquidator, administrator or receiver is appointed over us or all or any part of our assets that insolvency practitioner may transfer your information to a third party purchaser of the business provided that purchaser undertakes to use your information for the same purposes as set out in this policy. Your information will not be disclosed to government or local authorities or other government institutions save as required by law or other binding regulations.

Cookies

We may send a small file to your computer when you visit our website. This will enable us to identify your computer each time you visit our site, track your behaviour on our website and to identify your particular areas of interest so as to enhance your future visits to this website. We may use cookies to collect and store personal data and we link information stored by cookies with personal data you supply to us. Save for the use of cookies, we do not automatically log data or collect data save for information you specifically provide to us. You can set your computer browser to reject cookies but this may preclude your use of certain parts of this website. Credit Card, Paypal or any other Merchant services usernames and passwords are NOT stored on our site, as the link for payment to these sites is purely that, a secure link.

Please note that by European law, we must now notify you that Cookies are used for information gathering on our site. Cookies are used for searching the products, adding to basket, checkout process, purchase history, and other cart services. At no time will your information be used by a third party. By using our website you therefore agree to the use of Cookies, If you do not agree, then please close down this browser page.

Security

We have implemented security policies, rules and technical measures to protect the personal data that we have under our control from unauthorised access, improper use and disclosure, unauthorised destruction or accidental loss.

Copyright

All website design, text, graphics, the selection and arrangement thereof are owed by the company running this site, or hosting this site, except where provided under the General Public License (http://www.gpl.org). ALL RIGHTS RESERVED.

Trademarks

All trademarks of are the property of their respective owners and may be registered in certain parts of the world. If you are the intellectual property rights owner of an image used, please advise us and we will removed it.

Disclaimer of Warranty and Liability

The following provisions may be curtailed or disallowed by the laws of certain jurisdictions. In such case, the terms hereof are to be read as excluding or limiting such term so as to satisfy such law.
We do not represent or warrant that the information accessible via this website is accurate, complete or current. We have no liability whatsoever in respect of any use which you make of such information.
The information provided on this website has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself prior to ordering any products or services from us that they are suitable for your purposes.
Whilst we make all reasonable attempts to exclude viruses from the website, we cannot ensure such exclusion and no liability is accepted for viruses. Thus, you are recommended to take all appropriate safeguards before downloading information or images from this website.
All warranties, express or implied, statutory or otherwise are hereby excluded.
Neither we nor any of our employees or affiliated entities will be liable for any kind of damages and howsoever arising including, without limitation, loss of profits, compensatory, consequential, direct, exemplary, incidental, indirect, punitive or special, damages or any liability which you may have to a third party, even if we have been advised of the possibility of such loss.
We are not responsible for the direct or indirect consequences of you linking to any other website from this website.

These terms and this disclaimer and any claim based on use of information from this website shall be governed by the laws of England and Wales and you agree to submit to the non-exclusive jurisdiction of the Courts of England, and Jersey and Guernsey.

Consent and enquiries

By continuing to use this site and accessing the information on this website, you signal acceptance of the terms and disclaimer set out above. If you do not accept any of these terms, leave this website now. If you have any enquiry or concern about our privacy policy or the way in which we are handling personal data please contact email. If at any time you wish us to cease processing your information please send a message to the Administrator at the email address on this sites contact page.

Please note that by European law, we must now notify you that Cookies are used for information gathering on our site. Cookies are used for searching the products, adding to basket, checkout process, purchase history, and other cart services. At no time will your information be used by a third party. By using our website you therefore agree to the use of Cookies, If you do not agree, then please close down this browser page.

Postal Timescales
Items are usually held in stock in Guernsey and dispatched from there, unless the item description specifically states an expected delivery schedule, such as for custom made to order items. Should an item be out of stock at the time your order is placed (can sometimes happen if multiple orders from multiple customers arrive on same day), then we will have the product/s shipped direct to you from the manufacturer. This may extend the delivery time from an expected 5-14 days, up to 24 days for delivery, due to the item/s being dispatched to you from an overseas point of origin, but the dispatch email you receive will advise expected delivery schedule. Long distance (international) deliveries will usually take longer than European deliveries. We must also advise that for UK customers, on extremely rare occasions, it has been known for UK HMRC services to stop and inspect our packages, as they are arriving to you from a non-EU region, customs and revenue services tend to randomly inspect packages to see if VAT or an import duty can be applied. The Big Gift Shop cannot be liable for any import duty should this occur, but we may offer to help with this should it occur.

Our online purchasing policy allows you the protection of a seven day cooling off period . This often only applies to EU region, and even though our location is outside of the EU, we will still honour this policy. It applies from the moment you pay for the goods on our website. If, for whatever reason, you decide you no longer want the item, we MUST receive an email or letter request within the seven working days for us to honour a refund of the item cost. Postage costs cannot be refunded. As the item is either received by you, or en route to you at this stage, a refund will be then be granted, on the safe return of the item directly to our address. The cost of return must be borne by you, and it is recommended that it be sent using a tracking or signature required service to ensure we do receive this back. Once the seven day cooling period is over, the goods must be received by you within 30 days of the purchase date, otherwise the distance selling act can cover request for refunds or replacement items.

Any return requests, after the initial seven day cooling off period, and under the Sale of Goods Act 1994, and Consumer Regulations 2002, is at the retailers discretion if a refund will be offered. Generally if the item sent to a customer is the incorrect item, or serious postal damage can be proven, then a refund or replacement would be issued. Should a customer decide to return an item just because they changed their mind, this is NOT a valid reason that the legal requirements would allow a refund or replacement item after the seven day cooling off period has ended.

Likewise, the Internet Distance Selling Act 2000 covers this same policy.

Should you receive an item, which upon delivery is seriously damaged whilst in the postal system, then the whole item and packaging as you received this, should be returned to us, where a replacement item will then be shipped to you. Unfortunate as these circumstances may be, we cannot be held responsible for postal damage, but will replace items should this be obvious.