Last updated October 2010.
This website is operated by So Gifted Limited (referred to as "So
Gifted/we/our/us"). As a user of this website (referred to
as "you/your") you acknowledge that any use of this website
including any transactions you make ("use/using") is
subject to our terms and conditions below (which includes any other
important hyper-linked sections e.g. Returns, Withdrawing from
The following terms and conditions apply to all transactions
on www.sogifted.co.uk. Please read them carefully and print a copy
for future reference.
1.1 We reserve the right to change these terms and conditions
at any time. Any such changes will take effect when posted on the
website and it is your responsibility to read the terms and conditions
on each occasion you use this website and your continued use of
the website shall signify your acceptance to be bound by the latest
terms and conditions.
- If you are not a consumer, you confirm that you have authority
to bind any business on whose behalf you use this website
- Whilst we endeavor to ensure all images and specifications
are correct at the time of publication, they do vary. As such
we can accept no responsibility for incorrect images/information.
If however you spot a mistake with an image or with a products
specification please contact us.
- We have the right to refuse, at our discretion, to supply
any goods ordered by you.
- These terms and conditions do not affect your statutory
rights. To order goods through this website you must be at
least 18 years of age. We will treat each order for goods as
an offer by you to purchase the goods subject to these terms
2. Order process
2.1 All orders that you place on this website will be subject
to acceptance in accordance with these terms and conditions.
2.2 Acceptance of your order and the completion of the contract
between you and us will take place on dispatch to you of the products
ordered unless we have notified you that we do not accept your
order or you have cancelled it.
- All goods must be signed for by an adult aged 18 years or over on delivery.
- Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and So Gifted shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date
- Delivery of the Goods shall be made to the Customer's address
and the Customer shall make all arrangements necessary to take
delivery of the Goods whenever they are tendered for delivery.
- Risk of loss and damage of products passes to you on the
date when the products are delivered or on the date of first
attempted delivery by us.
- Unless otherwise agreed we may deliver by installments.
- Should the Customer request for the delivery to be by installments
a further agreed carriage charge will be applicable.
- Failure by the Customer to pay for any installment or delivery
when due shall entitle us to withhold further deliveries and
the Customer shall be liable for any costs incurred by the
Supplier relating to such Goods which the Supplier is then
entitled to withhold.
- All products are subject to availability and may be withdrawn
at any time. However it is our policy to contact you if a product
is out of stock and if you do not wish to proceed with the
order or for any reason we cannot supply the product we will
arrange for the order to be cancelled.
- We offer an extended range of products which are obtained
directly from our suppliers. These products are subject to
suppliers' stock availability and delivery dates made
by the suppliers' own delivery services. It is our policy
to contact you to explain the stock and delivery situation
with these products. Again if you do not wish to proceed with
the order, we will arrange for it to be cancelled.
5.1 On the order you must provide us with your exact address and telephone number that your credit card issuer has on file for you. Your order will only be processed once authorisation of your credit card has been properly received.
5.2 Goods are subject to availability. In the event that we are
unable to supply the goods, we will inform you of this as soon
as possible. A full refund will be given where you have already
paid for the goods.
5.3 The price you pay is the price displayed on this website
at the time we receive your order. While we try and ensure that
all prices on our website are accurate, errors may occur. If we
discover an error in the price of goods you have ordered we will
inform you as soon as possible and give you the option of reconfirming
your order at the correct price or canceling it. If we are unable
to contact you we will treat the order as cancelled. If you cancel
and you have already paid for the goods, you will receive a full
5.4 Payment can be made via our online secure on-line ordering facility. For Schools, Nurseries, Hospitals and other businesses, an account can be set up. Please see payment options on the home page.
5.5 Title to any products you order on this website shall pass
to you on delivery of the products provided that we have processed
and received payment in full for the products.
5.6 All prices include VAT (where applicable) at the applicable
current rates but exclude delivery charges, unless expressly stated
6. Returns, Cancellations and Substitutions
6.1 We offer a 28-day money back guarantee, please refer to Returns
section. This additional guarantee does not affect the statutory right to cancel mentioned in the returns policy
6.2 Sometimes the product specifications from the manufacturer
may change, in which case we will do our best to offer you a substitute
of the same or better quality at the same price. If you are not
happy with the replacement you can return it in accordance with
our 28-day money back guarantee. Where applicable, you may cancel
your order in accordance with your rights under the Distance Selling
Regulations (see the Returns page for further details)
6.3 All sizes and measurements are approximate but we do try
to make sure that they are as accurate as possible.
7. Intellectual Property
7.1 You acknowledge and agree that all copyright, trademarks
and all other intellectual property rights in all materials and/or
content made available as part of your use of this website shall
remain at all times vested in us or our licensors. You are permitted
to use this material only as expressly authorized by us or our
7.2 You acknowledge and agree that the material and content contained
within this website is made available for your personal non-commercial
use only and that you may only download such material and content
for the purpose of using this website. You further acknowledge
that any other use of the material and content of this website
is strictly prohibited and you agree not to (and agree not to assist
or facilitate any third party to) copy, reproduce, transmit, publish,
display, distribute, commercially exploit or create derivative
works of such material and content.
8. Liability and Indemnity
8.1 Nothing in these terms and conditions excludes or limits
liability for death or personal injury caused by negligence, fraudulent
misrepresentation, or any other liability which may not otherwise
be limited or excluded under applicable law.
8.2 Subject to Section 8.1 above, So Gifted will use reasonable
endeavors to verify the accuracy of any information on the site
but makes no representation or warranty of any kind express or
implied statutory or otherwise regarding the contents or availability
of the site or that it will be timely or error-free, that defects
will be corrected, or that the site or the server that makes it
available are free of viruses or bugs or represents the full functionality,
accuracy, reliability of the website. So Gifted will not be responsible
or liable to you for any loss of content or material uploaded or
transmitted through the website and we accept no liability of any
kind for any loss or damage from action taken or taken in reliance
on material or information contained on the site.
8.3 Subject to Section 8.1 above, other than as expressly provided
in these terms and conditions with respect to specific products
and except for the exclusive remedies described above, any indemnities,
warranties, terms and conditions (whether express or implied) are
hereby excluded to the fullest extent permitted under applicable
8.4 Subject to Section 8.1 above, So Gifted will not be liable,
in contract, tort (including, without limitation, negligence),
pre-contract or other representations (other than fraudulent on
negligent misrepresentations) or otherwise out of or in connection
with the terms and conditions for any:
8.4.1 economic losses (including without limitation loss of revenues,
data, profits, contracts, business or anticipated savings); or
8.4.2 economic losses (including without limitation loss of revenues,
data, profits, contracts, business or anticipated savings); or
8.4.3 loss of goodwill or reputation; or
8.4.4 special or indirect losses suffered or incurred by that
party arising out of or in connection with the provisions of any
matter under these terms and conditions.
8.5 Notwithstanding the above, subject to Section 8.1, So Gifted's
aggregate liability (whether in contract, tort or otherwise) for
loss or damage shall in any event be limited to a sum equal to
the amount paid or payable by you for the product(s) in respect
of one incident or series of incidents attributable to the same
- We will take all reasonable precautions to keep the details
of your order and payment secure, but, unless we are negligent,
we cannot be held liable for any losses caused as a result
of unauthorized access to information provided by you.
- If you buy goods which have no published technical specifications,
it is your responsibility to establish the suitability of the
goods for your intended purpose.
- Although we warrant that the goods will, at the time of
delivery, correspond to the description given by us all products
we sell are of a technical nature and it is not practical to
publish detailed specifications of all the products. All images,
descriptive matter, specifications and advertising are for
the sole purpose of giving an approximate description of the
goods. Full details are available from the original manufacturer's
brochures & websites.
- Except where the Customer is dealing as a consumer (as defined
in the Unfair Contract Terms Act 1977, section 12) all other
warranties, conditions or terms relating to fitness for purpose,
merchantability or conditions of the goods whether implied
by Statute, Common Law or otherwise are excluded and the Customer
warrants that the Customer is satisfied as to the Suitability
of the Goods for the Customer's purpose Goods are not sold
on a trial basis.
9. Miscellaneous Provisions
9.1 The contract between us shall be governed by the laws of
England and any dispute between us will be resolved exclusively
in the courts of England . English is the only language offered
for the conclusion of the contract.
9.2 We have selected our products on the basis that they will
be used for domestic use only, if you are planning to use them
for business purposes please make sure that you are covered by
9.3 So Gifted shall be under no liability for any delay or failure
to deliver products or otherwise perform any obligation as specified
in these terms and conditions if the same is wholly or partly caused
whether directly or indirectly by circumstances beyond its reasonable