Terms of Service Thank you for visiting techsmartgifts.com (“Site”). This page informs you of the terms and conditions from which we will supply to you the products (Products) and subscription services (Services) displayed on this Site (“Agreement”). Please read these terms and conditions carefully before ordering any Products or Services from our Site. By ordering any of our Products or subscribing to any of our Services, you agree to be bound by these terms and conditions.
1. INFORMATION ABOUT US
1.1 The Site (www.techsmartgifts.com) is operated by ProGoods Online Media Limited (“We”, “Our” or “Us”), a company registered in the UK.
2. SERVICE AVAILABILITY
2.1 Our Site is only intended for use by people residing in the United Kingdom of Great Britain and Northern Ireland, Ireland, United States of America, Canada and EU Countries.
3. YOUR STATUS
By placing an order through our Site, you warrant that:
3.1 you are legally capable of entering into binding contracts; and
3.2 you are at least 18 years old; and
3.3 you are a resident and your shipping address is in one of the Serviced Countries.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 By placing an order on our Site, you agree to be the sole importer of the Product(s).
4.2 After placing an order on our Site, you will receive an e-mail from us acknowledging that you order has been placed. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy Products, subscribe to a Service, or both (“Order”). All Orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (“Dispatch Confirmation”). Upon receiving a Dispatch Confirmation, a contract (“Contract”) will be formed between us.
4.3 The Contract will relate only to those Products or Services whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. PRODUCTS, SERVICES & SHIPPING
5.1 The subscription plans to our Services consist of an initial charge and then followed by recurring monthly or annual charges, based on the plan (monthly plan or annual plan), as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to deactivation. Our Site will submit monthly or annual charges without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method.
5.2 If you purchase a subscription item, you are agreeing to pay recurring periodic subscriptions (based on your plan) for an indefinite time until cancelled by you or us.
5.3 Payment for Products and/ or Services will be collected upon placing your Order. Once your Order has been confirmed via a Dispatch Confirmation, you will receive your Product(s) usually in 7 – 15 working days, depending on the shipping courier. An estimated delivery timeframe and tracking number will be provided to you via your Dispatch Confirmation.
5.4 In the event the Product(s) is out of stock, we will offer you the option to get a refund or wait until the product is back in stock. Refunds take between 5-10 working days to appear in your account.
5.5 Following dispatch of your Product(s), both parties agree that transportation is the sole responsibility of the third-party logistics company. During this stage, full ownership of the Product(s) belongs to you and all associated liability and risks during transportation shall be borne by you.
5.6 As the importer, you are responsible to comply with all laws and regulations in your respective country. We are not responsible for any import tax or import duty (or other related tax) that may occur and it is your sole responsibility to pay these fees, if any. Should you refuse any package due to import duties or taxes, you agree to full liability for all costs involved in the process.
6.1 You can cancel your order anytime after 8 hours of your order.
6.2 To cancel your order send us an email to email@example.com.
6.3 If your product has an annual subscription plan, you will be billed the total amount at the start of the subscription period. If you have cancelled your subscription prior to the end of that subscription period, you will continue to receive Products/ the Service each month until the end of your subscription period. Further, unless you cancel your subscription within 48 hours of the end of your then-current subscription period, at the end of that period, your subscription will automatically be renewed for an additional subscription period of the same amount of time.
6.4 To cancel a single product order you must cancel prior to the item(s) being processed. Products are processed 24 hours after placing an order. If your order has already been processed you will not be able to cancel your order and if you wish to get a refund, you must return the item to us. We will process refunds on products cancelled within 24 hours from placing your order. Refunds take between 5-10 working days to appear in your account.
7. RETURNS & REFUNDS
7.1 If you wish to get a refund you must return the Product(s) within 14 days of receiving. You may return any Product(s), providing it is in a resalable condition, unless the Product was damaged or faulty. If the Product(s) was already damaged or faulty you will need to notify us of this when returning the goods. We will refund you on the same payment card, once we have received and processed the item, which typically takes up to 14 days from the date of receiving.
7.2 All postage or shipping costs incurred by you in returning the unwanted Product(s) must be paid by you and are not refundable. Please email us at support@techsmartgifts for all refund details.
7.3 On any Order(s) where you have paid for shipping, the price of the shipping is non-refundable.
7.4 Replacement of Products and refunds for shipped items claimed as not received are subject to our investigation, which may include postal-service notification. Repeated claims of undelivered merchandise may result in cancellation of the Service to you.
8. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
9. ENTIRE AGREEMENT These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us.
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
10.2 Strikes, lock-outs or other industrial action;
10.3 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
10.4 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
10.5 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
10.6 Impossibility of the use of public or private telecommunications networks; and
10.7 The acts, decrees, legislation, regulations or restrictions of any government.
10.8 We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed.
11. OUR LIABILITY
11.1 If we fail to comply with these terms and conditions we shall only be liable to you for the purchase price of the Products or Service. Nothing in this agreement excludes or limits our liability for:
11.2 Death or personal injury caused by our negligence;
11.3 Fraud or fraudulent misrepresentation;
11.4 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
12. LAW AND JURISDICTION
The purchase of Products or Services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation will be governed by the laws of England.