1.1 This document (together with the documents referred to herein) tells you the terms and conditions on which we supply services on Quik Gift. Further details regarding Quik Gift can be found on our website www.quik.gift(our site). Please read these terms and conditions carefully and make sure that you understand them, before using our services. By using our services you agree to be bound by these terms and conditions.
1.2 You should print a copy of these terms and conditions for future reference provided that you may not modify, distribute or re-post anything on this website for any purpose.
1.4 Please understand that if you refuse to accept these terms and conditions then you will not be able to access services offered on quik.gift.
1.5 We reserve the right to amend these terms and conditions at any time by uploading the amended terms and conditions on our site. However, please note that you will be subject to the terms and conditions in force at the time of purchase, unless any change to these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
2.1 https://www.quik.gift (our site) is operated by MBL Solutions Ltd (we, our or us), a company registered in England and Wales with company number 08931545 and with our registered office at Valley Road, Birkenhead, Merseyside, England, CH41 7ED. This is also our main trading address. Our VAT number is 186162004
3.1 By placing an order through one of our sites, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.
4.1 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 your order has been accepted, and that payment has been accepted in line with clause 7 below (where applicable).
4.2 The contract between us will only be formed when we send you confirmation of acceptance of payment for your order.
5.1 Prices include VAT.
5.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you confirmation.
5.3 Payment must be by credit or debit card, PayPal, or by such other method as we may agree from time to time. We will charge your credit or debit card when your order is placed.
5.4 Any printed marketing material is intended as a guide of retailers who are participating at the time of publication and, therefore, may not include all participating retailers at any one time.
6.1 The Service provides you with a platform to buy gift cards for yourself or as a gift for others (collectively, the “Gift Vouchers”).
6.2 You acknowledge and agree that as a result of specific user transactional behaviour via the service, you may be subject to additional security measures requiring a background verification. You shall be contacted by MBL Solutions Ltd if the aforementioned applies to you and you must provide MBL Solutions Ltd with all requested information in order to continue with such transaction(s) via the service.
6.3 Users may purchase a Gift Voucher for others and have it sent directly to the desired recipient with an option to include a greeting message.
6.4 You acknowledge and agree that you are solely responsible to obtain, maintain and have received informed consent from any recipients to whom you intend to send a gift voucher, such that you can supply MBL Solutions Ltd with identifying information of the desired recipient for purposes of delivering the voucher and/or gift card. The purchaser shall be solely responsible and liable for the maintenance of such consent.
6.5 The gift vouchers are redeemable at third party service providers. MBL Solutions Ltd is not responsible for the quality of products or services offered by third party service providers, which may be available through the gift vouchers. MBL Solutions Ltd does not in any way endorse any third party service providers that may be featured through the service and is not affiliated with these third party service providers in any way.
6.6 MBL Solutions Ltd will process your order and your payment by credit card or debit card and subject to successful processing of your payment, we will email you to confirm the successful purchase of a Gift Voucher. We must receive the payment in full for the Gift Voucher before we will dispatch the Gift Voucher to you. Any cost of delivery will be displayed to you on the payment page of the website. This service is solely for the promotion of products within the United Kingdom.
6.7 Physical Gift Vouchers will be delivered to you within 7 business days of a completed order, please note that any delivery date advised to you is merely an estimate. You shall be solely responsible for the physical Gift Vouchers when we deliver the Gift Voucher to the address you provided. After this time, we will not be responsible if any Gift Voucher is lost, stolen, destroyed or used without your permission. Electronic Gift Vouchers will be available for your use within 24 hours of your completed order, provided that all security and background checks were cleared. If the supply of products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay (i.e. 10 days or more) you may contact us to end the purchase and receive a refund for any products you have paid for but not received.
6.8 MBL Solutions Ltd purchases are non-refundable unless as otherwise described at clause 6.9 below. If you receive a Gift Voucher, either physical or electronic, that is damaged or does not work please inform us at email@example.com as soon as possible and in any event within 48 hours of discovering such problem and we will arrange to issue you with a replacement at no additional cost. The original Gift Voucher will become void and inactive on the issue of a replacement voucher.
6.9 MBL Solutions Ltd shall refund a buyer if any of the following events occur: (i) a voucher is inactive; (ii) a buyer did not receive the voucher within thirty (30) days from the date of purchase. Where you are entitled to a refund, MBL Solutions will arrange for a refund for you for the price you paid for the Gift Voucher, including our standard delivery costs in the case of physical goods, by the method you used for payment. MBL Solutions may reduce your refund of the price (excluding delivery costs) to reflect: (i) any amount of credit on a Gift Voucher that has been used since it was delivered to you (which may be the full value of the Gift Voucher if it may not now be re-used); (ii) any reduction in the value of the Gift Voucher, if this has been caused by your handling it in a way which would not be permitted in a store. The maximum refund for delivery costs will be the cost of delivery by the least expensive delivery method we offer. If you are eligible for refund for an electronic Gift Voucher you shall receive a refund as soon as possible but no later than 14 days after we have confirmed your eligibility for refund. If you are eligible for refund for a physical Gift Voucher your refund will be made within 14 days from the day on which we receive the physical Gift Voucher back from you and we have confirmed your eligibility for refund.
6.10 Unless stated within the Quik Gift platform all Gift Vouchers are non-refundable, unless clause 6.9 applies.
6.11 This is a summary of your key legal rights. Nothing in these terms and conditions will affect your legal rights. These rights are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 provides that goods must be as described, fit for purpose and of satisfactory quality. MBL Solutions warrants that all Gift Vouchers shall upon delivery be as described, fit for purpose and of satisfactory quality. All conditions, warranties or other terms whether express or implied, statutory or otherwise, inconsistent with this clause 9.10, are hereby expressly excluded to the fullest extent permitted by law. The warranty given in clause 9.10 will not apply:
iii) if the total price for the gift voucher has not been paid.
6.12 MBL Solutions does not exclude or limit in any way its liability to you, as an individual buyer, where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised herein; and for defective products under the Consumer Protection Act 1987.
6.13 If MBL Solutions Ltd fails to comply with clause 9 of these terms and conditions, it is responsible for direct loss or damage incurred by you as an individual buyer, that is a reasonably foreseeable result of it breaching these terms or failing to use its reasonable care and skill in providing the services, but MBL Solutions Ltd is not responsible for any loss or damage that it did not reasonably foresee.
6.14.1 We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
6.14.2 our liability to you for all other losses arising under or in connection with any contract between us for the purchase of Gift Vouchers, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall be limited per claim to the value of payments MBL Solutions Ltd has received from you for the relevant Gift Vouchers (or, if no Gift Vouchers have been ordered, limited to the sum of £500).
6.15 Except to the extent expressly stated otherwise in these Terms, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded for buyers that are businesses rather than individuals.
6.16 Gift Vouchers may not be re-sold on any internet site such as eBay, Gumtree or any other similar site.
6.17 You are able to correct errors on your order up to the point at which you click on “continue” on the final page of our ordering process. Mistakes made after clicking on “continue” cannot be rectified.
7.1 Subject to clause 7.3, if we fail to comply with these terms and conditions, our liability to you will be limited to the order value fee.
7.2 Subject to clause 7.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
7.2.1 Loss of income or revenue;
7.2.2 Loss of business;
7.2.3 Loss of profits; or
7.2.4 Loss of anticipated savings.
7.3 Nothing in these terms and conditions excludes or limits our liability for:
7.3.1 Death or personal injury caused by our negligence;
7.3.2 Fraud or fraudulent misrepresentation;
7.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
7.3.4 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
7.4 Where you receive services and/or purchase goods from any participating retailers, any losses or liability arising out of, or in connection with, such services and/or goods shall be the relevant participating retailer’s liability. We accept no liability for any bad experiences or service at any of the participating retailers. We will not become involved in any dispute between you and any retailer.
7.5 We do not give any warranty for any goods or services accessed through, or displayed on, our site.
8 Written communication
8.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
9.1 All notices given by you to us must be sent firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 10 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
10.1 Failure by us to enforce any of these terms and conditions will not prevent us from subsequently relying on, or enforcing, them.
14.1 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
12 Third party rights
12.1 A person who is not party to these terms and conditions shall not have any rights under or in connection with it under the Contracts (Rights of Third Parties) Act 1999.
13 Entire agreement
13.1 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 relating to the subject matter of these terms and conditions. We each acknowledge that, in entering into these terms and conditions, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
14 Intellectual Property
14.1 MBL Solutions shall have the right to apply any trade marks, trade names and/or service marks to the Gift Vouchers. You acknowledge that no rights are granted to you to use such trade marks, trade names and/or service marks.
14.2 You shall keep confidential and not use, without the prior written consent of MBL Solutions, all or any information supplied by MBL Solutions to you or disclosed to or obtained by you pursuant to or as a result of a contract formed with you, and shall not divulge the same to any third party except to the extent that any such information is or becomes public through no fault of yours, or disclosure of the same is required by law or by any other governmental or other regulatory body.
15 Law and jurisdiction
15.1 This agreement shall be interpreted in accordance with the laws of England and Wales and subject to the exclusive jurisdiction of the Courts of England and Wales.