These are the Terms and Conditions of The Present Club and do not cover the Terms and Conditions of the products dispatched by The Entertainer.

The site is owned and operated by The Present Club Ltd, a limited company registered in England and Wales, company number 5978366, whose registered office is at 

Riddingtons Ltd
The Old Barn
Off Wood Street
Swanley Village
Swanley
Kent
BR8 7PA

 Definitions

The following terms will have the following meanings in these terms and conditions:

"Buyer" means the individual or organisation that buys or agrees to buy the Goods from the Seller for the Gift Recipient or for themselves via the Website;

“Contributor” means the individual who contributes an sum of money towards Goods the Gift Recipient has chosen via the Website;

"Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

"Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods via the Website incorporating these Terms and Conditions;

"Goods" means the articles that the Buyer or Contributor agrees to buy from the Seller via the Website;

"Seller" means The Present Club Ltd., a limited company registered in England and Wales, company number 5978366, whose registered office is at The Lodge, Darenth Hill, Darenth, Kent DA2 7GR. United Kingdom

“Gift Recipient” means the individual who has received a gift paid for by a Buyer or Contributor via the Website;

“Store Credit” is an amount of credit of capital available to be spent solely on www.thepresentclub.co.uk  and is valid for one year;

“Wish List” means one or numerous Goods selected by the Gift Recipient to be paid for as a gift by a Buyer or Contributor via the Website;

"Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;

"Website" means www.thepresentclub.co.uk.

Liability Disclaimer

The Seller's total liability for any claim howsoever under any Contract shall not exceed the price of the relevant Goods supplied to the Buyer or monies collected by the Seller from the Buyer in relation to the Contract in question. The Seller shall not be held liable for any consequential or economic loss whether this arises from a breach of duty in contract or in any other way. The Seller will not be liable for a failure to comply with instructions not specifically provided by the Buyer via the Website.

The Buyer’s statutory rights as a Consumer are not affected by this statement.

The Seller will use reasonable endeavours to check the accuracy of the information on the Website. However, the Seller cannot guarantee such information will be error free and the user acknowledges that information published on the Website may include inaccuracies and typographical errors.

Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence or misrepresentation of the Seller or that of the Seller’s agents or employees.

Conditions

Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

These Terms and Conditions shall apply to all Contracts and shall prevail over any other documentation or communication from the Buyer.

Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions, subject to their terms.

Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller., and accordingly any amendments or variations to these Terms and Conditions made or purported to be made by the Buyer (including in communications with the Seller) not agreed to expressly in writing by the Seller will be void.

Please note that any child under the age of 16 should have either permission or supervsion from an adult before creating a wish list.

Any complaints should be addressed to the Seller's address at The Present Club Ltd, Po Box 476, Beckenham, Kent. BR3 9EJ or via e-mail at  customerservice@thepresentclub.co.uk quoting your order number or other identifying feature relating to the relevant purchase or Contract to which the complaint relates.

Prices and Payment

The price of the Goods shall be that stipulated on the Website. The price of the Goods is inclusive of VAT. The price of the Goods includes free delivery to the majority of the United Kingdom however customers residing in the more remote areas of the United Kingdom may incur a delivery surcharge on certain products.

Prices are correct at time of publishing on the Website and include VAT where applicable. It may be necessary to change prices from time to time, including any alterations to the rate of VAT. Please note that products in a Wish List are also subject to price fluctuations even if the item has been partially paid for. If an item decreases in price and there is a surplus of money on any one item then the extra money will be automatically put towards the next item in the Wish List. If there are no more items in the Wish List the Recipient will receive Store Credit with the remaining monies, to be spent within a year from the date of contribution.

The total purchase price, including VAT and delivery charges will be displayed in the Buyer’s shopping cart prior to confirming the order.

After the order of a Contributor or Buyer is received via the Website the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer or Contributor is a Consumer.

The Present Club must receive full payment before dispatching goods to the Recipient.

Rights of Seller

The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct and are accurate as displayed on the Website at the point at which the Buyer places an order/Contributor makes a contribution towards the purchase of any Goods for a Gift Recipient via the Website. Accordingly, no Contract will be completed until the Seller confirms completion of the Contract by e-mail to the Buyer or Contributor and in the meantime the Seller reserves the right to refuse any order including where the price is incorrectly stated on the Website or order and may revert to the Buyer or Contributor to make any such correction to the order before the Seller will process it.

The Seller reserves the right to withdraw or change the price of any Goods being displayed for sale on the Website at any time.

The Seller shall not be liable to anyone for withdrawing any Goods being displayed for sale on the Website or for refusing to process an order.

Product Portrayal

Every effort has been made to portray Goods accurately on the Website, but slight variations may occur. All measurements are approximate and colour reproduction as close as publishing processes will allow. Colours and measurements of the Goods may vary accordingly.

Intellectual Property Rights

All intellectual property rights, including copyright in the works displayed on this website and the software by which this website operates are owned by or properly licensed to the Seller.

Any use of this website or its contents, other than for the user’s own personal, non-commercial use is prohibited without the permission of the Seller.

Users of the Website may not modify, distribute or re-post anything on this website for any purpose.

The trade marks THE PRESENT CLUB and any associated logos and devices are trade marks of the Seller and may not be used for any commercial purpose by any third party without the permission of the Seller.

Availability

All Goods offered for sale on the Website are subject to stock and availability. Our stock levels are updated at the end of the day. The Seller will notify the Buyer or Gift Recipient as soon as possible if Goods ordered are not available. From time to time Goods shown as in stock on the Website may not be available if another Buyer has bought simultaneously, in this case we will give the Buyer the option to either wait until the relevant Goods are available from stock or receive a full refund. If on a rare occasion stock is not available for the Gift Recipient they will be entitled to an exchange or Store Credit for the relevant Goods to be spent within a year. Alternatively individual contributions can be returned to the original Contributor if that is a preference. Please note that placing an item in a Wish List does not reserve the item, Wish List items are still vulnerable to stock fluctuations.

Delivery

 Please see individual Goods descriptions for variations on estimated delivery times. Although we have given these estimated times please allow a maximum of 30 working days of acceptance of order by the Seller for delivery of the Goods

At this moment in time The Present Club will solely be shipping to the United Kingdom Mainland.

Where a specific delivery date has been agreed between the Seller and the Buyer/ Contributor, and where this delivery date cannot be met by the Seller, the Buyer or Gift Recipient will be notified. Buyers will be given the opportunity to agree a new delivery date or receive a full refund, the Gift Recipient will also be given the opportunity to agree a new delivery date or receive an exchange or Store Credit to be spent within a year. Alternatively refunds can be given directly to each Contributor.

The Seller shall use its reasonable endeavours to meet any date agreed for delivery which will be estimated delivery dates only. In any event time of delivery shall not be of the essence for the purposes of any Contract and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer, Contributor or any third party arising directly or indirectly out of any failure by the Seller or its agents to meet any estimated delivery date.

Delivery of the Goods shall be made to the Buyer’s or Gift Recipient’s address specified in the order placed via the Website and the Buyer or Gift Recipient shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

Risk in the Goods shall pass to the Buyer or Gift Recipient upon delivery, or where the Buyer or Gift Recipient fails to take delivery at the agreed time when the delivery was attempted.

Title in the Goods shall not pass to the Buyer or Gift Recipient until payment of the price has been made in full to the Seller.

Returns Policy

Gift Recipient

Should the Gift Recipient change their mind on any Goods they will be able to return within 14 days of purchase (at their own expense) and receive or Store Credit to be spent within a year. However all products must be returned in their original packaging and in a re-saleable condition (with any seals or wrapping unbroken). The Gift Recipient is responsible for any returned Goods until they reach our offices. The Seller therefore strongly advises that a proof of postage certificate should be obtained when returning any part of the Gift Recipient’s order. Certificates are available free of charge from the post office. Alternatively individual monetary contributions can be returned to the original Contributor if that is a preference.

Buyer

Should the Buyer change their mind on any Goods they will be able to return within 14 days of purchase (at their own expense) and receive a full refund or Store Credit to be spent within a year. However all products must be returned in their original packaging and in a re-saleable condition (with any seals or wrapping unbroken). The Buyer is responsible for any returned Goods until they reach our offices. The Seller therefore strongly advises that a proof of postage certificate should be obtained when returning any part of the Buyer’s order. Certificates are available free of charge from the post office.

Damaged Goods

The Buyer or Gift Recipient shall inspect the Goods immediately upon receipt and shall notify the Seller by email, phone or writing to the address above within 7 working days if the Goods are damaged or do not reasonably comply with the specification displayed on the Website or any term of the Contract. If the Buyer or Gift Recipient fails to serve such notice on the Seller within 7 days it shall be deemed that the Goods have been accepted.

The Buyer or Gift Recipient shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges, if on inspection the Goods are in fact defective. Where refund is to be made to the Gift Recipient, the Buyer and Contributors (if any) hereby authorise the Seller to make any such refund directly to the Gift Recipient accordingly.

Where returned Goods are found to be damaged due to the Buyer’s or Gift Recipient’s fault the Buyer or Gift Recipient will be liable for the cost of remedying such damage.

Faulty Goods

If on receipt a product is found to be genuinely faulty, a refund including delivery costs will be given to the Buyer. However faulty goods will be refunded subject to findings of the manufacturer/ initial supplier. We act as a conduit between manufacturer & buyer although this does not affect your statutory rights, we must comply with the expert. In the case of a Gift Recipient finding Goods purchased via the Website to be faulty the Seller will refund the Contributor’s monies directly to the Gift Recipient. The Buyer and Contributors (if any) hereby authorise the Seller to make any such refund directly to the Gift Recipient accordingly.

Commission for Schools/Groups/Charities

The commission paid to schools/groups and charities is only reserved for the school/groups/charities that have registered on www.thepresentclub.co.uk and therefore received their unique code which they advertise. Should a  Buyer enter this code at checkout the repective school/group/charity will receive 10% of profits related to this sale similarly if a Gift Recipient should create a Wish List and enter the unique code then 10% of profits related to this sale will go to the respective school/group/charity. A cheque with the accumulated 10% of related profits will be sent one year from registration. This code will then expire.

Viruses

Every effort is made to ensure that the Website is free from viruses, errors and defects however, this cannot be guaranteed. In particular, the Website is accessible via the Internet which is a worldwide network of interconnected computers and services, and the Seller cannot be responsible for any downtime caused as a result of the actions of other users on the Internet or for viruses or other damaging materials which may infect the Website from time to time as a result of it being published on the Internet.

The Seller shall not be liable to any person for loss or damage which may arise to computer equipment as a result of using the Website.

General

Each right or remedy of the Seller shall be without prejudice to any other right or remedy which the Seller may have.

If any provision of these Terms and Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of these Terms and Conditions and the remainder of such provision shall continue in full force and effect.

Failure or delay by the Seller to enforce or partially enforce any provision of these Terms and Conditions will not be construed as a waiver of any of its rights under these Terms and Conditions including under any particular Contract.

Any waiver by the Seller of any breach of, or any default under, any provision of these Terms and Conditions by the Buyer or Contributor will not be deemed a waiver of any subsequent breach or default and will in no way affect the other provision of these Terms and Conditions.

Subject that the Gift Recipient may enforce these Terms and Conditions against the Seller in relation to the Contract for specific Goods delivered to the Gift Recipient, the parties do not intend that any rights in relation to any Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

Governing Law

These Terms and Conditions and each Contract will be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.