Terms of Purchase
TERMS OF PURCHASE (Last updated July, 2018)
Application of these Conditions
These Conditions apply to Use of this Website and are the terms and Conditions on which We will supply any of the Products to You and by proceeding further and/or placing an Order You agree to be bound by the Conditions. If You do not agree to be bound by them, You should leave this Website now.
Please click on the button to mark Your acceptance of these Conditions before placing an Order if You accept them. Please understand that if You refuse to accept these Conditions, You will not be able to Order any Products from the Website.
The terms and Conditions applicable to the purchase of Products offered for sale through this Website and the equivalent terms and Conditions for sale through River Island shops and elsewhere shall be mutually exclusive. In particular, promotions and offers advertised on this Website shall not be valid in connection with any purchase through River Island shops or elsewhere, and promotions and offers available through Our shops or elsewhere shall not be valid in respect of Website purchases.
When Using the Website, You accept that communication with Us will be mainly electronic. We will contact You by email or provide You with information by posting notices on the 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.
You may obtain further information about Your statutory rights by contacting Your local authority Trading Standards Department or Citizens Advice Bureau.
Changes
We may change these Conditions from time to time without notice to You. Changes will apply to any subsequent Orders received. It is Your responsibility to check regularly to see if any changes have been made to these Conditions. We reserve the right to modify or withdraw this Website at any time without liability to You.
Queries
Contact Us if You have any questions relating to these Conditions or Ordering the Products generally by Using the Contact Us page.
Your Account
You are responsible for maintaining the confidentiality of the password chosen by You when You register on the Website and for restricting access to Your computer and/or email address to prevent unauthorized access to Your account.
Description and Availability
We take all reasonable measures to ensure that details, measurements and descriptions of Products given on this Website are as accurate and complete as possible but there may be variations between these and the Products themselves All Products are subject to availability. In the event Products are unavailable they will be cancelled from Your Order and You will receive a refund.
Price
For International Orders, prices appearing on this Website may be subject to taxes and duties (where applicable) at the current rates.
The cost of Your Order will be the price of the Products Ordered plus the appropriate delivery charge outlined in the “Delivery Services” section below. Please note that all prices on this Website are for on-line purchases only.
Due to circumstances beyond Our control prices may have to be altered, including any variations in the rate of sales tax. If this occurs You will be notified and requested to reconfirm Your Order at the altered price.
By notifying You, We shall be entitled to cancel any Contract in whole or in part to the extent that it is for the purchase of a Product the price of which was stated incorrectly on the Website.
Placing an Order
You must not Order Products via this Website if You are Younger than 16 years of age. In the case of Products which can only legally be supplied to people over the age of 18, this will be indicated on the Website in relation to the appropriate Product.
All Orders are subject to acceptance by Us and are subject to availability. After placing an Order, You will receive an email from Us acknowledging that We have received Your Order. Please note that this does not mean that Your Order has been accepted. Your Order constitutes an offer to Us to buy a Product. All Orders are subject to acceptance by Us and We will confirm such acceptance by sending You an email that confirms that the Product has been dispatched (the “Despatch Notice”). The Contract between Us will only be formed when We send You the Despatch Notice.
Where, in our reasonable judgment, we believe that there is an Error, we will be entitled to cancel Your Order and refund Your payment.
Where the Error is noticed before the Order is dispatched, we will use all reasonable endeavors to inform You and allow You to choose whether to re-place the Order at the correct price or to have Your Order refunded.
We may undertake searches with credit reference agencies for the purpose of verifying Your identity and the Personal Information You submit as part of an Order. To do so the agencies may check Your Personal Information against any particulars on any database (public or otherwise) to which they have access. They may also Use Your details in the future to assist other companies for verification purposes. By submitting Your Order You agree to this. For details of the credit reference agencies We receive information from and share information with, write to General Data Protection Compliance Officer.
Payment Methods
There are easy and flexible ways for You to pay for Your Order. We work to accept:
- MasterCard and Visa credit cards
- Maestro, Visa, Solo, Electron and Mastercard debit cards
- American Express cards
- Gift Cards
- Paysera Global Payment System
You confirm that the card or PayPal account being Used is Yours.
General Indemnity
You agree to indemnify Us fully from and against all claims, liability, damages, losses, costs and expenses (including legal fees) arising out of any breach of these Conditions by You or any other liability arising out of Your Use of this Website or out of the Use of this Website by any person Using Your account number and/or password.
Our Liability
We warrant to You that any Product purchased from Us through the Website is of satisfactory quality and fit for the purpose for which Products of the kind are commonly supplied and in conformity with the Contract.
Our liability for losses You suffer as a result of Us breaching this Contract is strictly limited to the purchase price of the Product You purchased.
To the fullest extent possible and except for the warranty set out above, We disclaim any and all warranties of any kind (whether expressed or implied) in relation to the Products.
We will not be liable to You in Contract, tort, or otherwise for any loss of profits, loss of business, loss of anticipated savings, loss of opportunity, loss of data or any other indirect or economic losses whatsoever suffered or incurred by You arising out of the subject of these Conditions.
Nothing herein shall affect Your statutory rights and You may obtain further information about Your statutory rights by contacting Your local authority Trading Standards Department or Citizens Advice Bureau.
Nothing in these Conditions shall limit Our liability for death or personal injury resulting from Our negligence or that of Our servants, agents or employees, for fraud or fraudulent misrepresentation or for any matter for which it would be illegal for Us to exclude, or attempt to exclude Our liability.
Language
The Contract will be concluded in English.
Transfer
We may assign or transfer any of Our rights or obligations under a Contract.You may not assign or transfer any of Your rights or obligations under this Contract.
Waiver
If We fail, at any time of the Contract, to insist upon performance of any of Your obligations under the Contract, or if We fail to exercise any of the rights or remedies to which We are entitled under this Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
A waiver by Us of any default shall not constitute a waiver of any subsequent default.
No waiver by Us of any of the terms and Conditions of the Contract shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
Sever-ability
If any part of these Conditions is held to be invalid or unenforceable in whole or in part the invalid or unenforceable wording shall be deemed to be omitted, and the rest of the Conditions shall continue to be valid to the fullest extent permitted by law.
Entire Agreement
Each Contract shall be governed by these Conditions which contain the entire agreement between You and Us in respect of its subject matter and supersedes any previous agreements relating to such matter.
Governing Law
These Conditions shall be governed by and construed in accordance with English law and You hereby submit to the exclusive jurisdiction of the English courts. Provided that, if You are a consumer with your habitual residence in a country within the EU, nothing in these Conditions will prejudice the rights that You may have under the mandatory provisions of the laws of such country.
Third Parties
The Contracts (Rights of Third Parties) Act 1999 shall not apply.
Secure online shopping
Secure Certificate
We believe buying on-line at Genialdeals.com.com is as secure as shopping in Our stores. This is because:
All payment transactions are carried out over an SSL 128-Bit Encrypted secure connection. We do this Using industry standard technology.
The padlock symbol, at the bottom of your browser window confirms this level of encryption. If You click on this, You will see Our VeriSign secure certificate, meaning that Your data is visible only to Us
Satisfaction guarantee
Our Guarantee
It is important to Us that You are delighted with all Our Products. If there is any reason why You are not completely satisfied with any Product You Order from Us, You can simply return it to Us – please see “Returning Products” section below. If after purchase, any Product fails to give reasonable Wear - due to either defective workmanship or materials We will credit the purchase price to Your account. This guarantee is in addition to and does not affect Your statutory rights.
Delivery Locations
Our carriers are unable to deliver to PO Boxes, airports, hospitals and prisons. We will also at Our discretion exclude delivery to any addresses which are considered to be insecure.
We are not liable for any parcels that are lost or stolen as a result of any specific delivery instructions left for the carrier.
In addition to the general disclaimers in the Terms of Use for products and services purchased through the Site, products and services purchased on the Site: (a) may not include any manufacturer warranties, even if a certain product or service is available elsewhere with one; (b) may not include any service or support options; (c) may not have product manuals, instructions or safety warnings in your native language or in some destination country languages; (d) may not be designed in accordance with your jurisdiction’s standards, specifications, and labeling requirements; and (e) may not conform to your jurisdiction’s voltage and other electrical standards (which may require the use of an adapter or converter). It is your responsibility to, and you hereby agree to, research the product to ensure it meets your needs and that it can be lawfully imported into your jurisdiction.
Taxes
You are responsible for any taxes, customs duties and fees levied by the jurisdiction to which the products are shipped, including but not limited to any sales or use tax, value added taxes or tariffs.
These Terms of Purchase (“Terms of Purchase”) govern your purchases of products and services available through http://www.genialdeals.com (the “Company Sites” or the “Sites”). The Company Sites are operated by Storm Media Limited (the “Company”). Your use of the Company Sites and these terms are also governed by the Terms of Use and Privacy Notice, which are incorporated herein by reference.
PLEASE CAREFULLY READ THESE TERMS OF PURCHASE, ALONG WITH THE TERMS OF USE, PRIVACY NOTICE AND OTHER POLICIES OR AGREEMENTS REFERENCED IN THESE TERMS OF PURCHASE, BEFORE PURCHASING OR USING PRODUCTS OR SERVICES THROUGH THE COMPANY SITES. BY PURCHASING OR USING PRODUCTS OR SERVICES THROUGH THE COMPANY SITES, YOU AGREE TO THESE TERMS OF PURCHASE, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW.
GENERAL
These Terms of Purchase have been executed and delivered by you and constitute a valid and binding agreement between you and the Company, enforceable against you in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under any applicable laws, rules or regulations.
You shall purchase and use the products and services available through the Company Sites, in strict compliance with these Terms of Purchase and all applicable laws, rules and regulations (collectively, “Laws”). You are responsible to comply with all applicable laws with respect to your purchase, including all applicable laws in the jurisdiction to which any products are shipped. All calls, emails and other communications between you and the Company may be recorded.
PRIVACY NOTICE
A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information by the Company is located at http://www.genialdeals.com. You consent to any personal information we may obtain about you (either via the Company Sites, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice. The Company may update its Privacy Notice from time to time, in its sole discretion. Any changes to our Privacy Notice will be posted at http://www.genialdeals.com. Your continued use of the Sites after any changes to the Privacy Notice means you accept the changes.
PURCHASES
- Order Processing
The Company ma, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances the Company deems appropriate in its sole discretion. The Company also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. The Company will either not charge you or refund the charges for orders that we do not process or cancel. Without limiting the foregoing, the Company reserves the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law).
- Product and Service Descriptions
The Company attempts to provide accurate descriptions of products and services on the Company Sites. The Company does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on the Company Sites is not as described, your sole remedy is to return the item, as specified in these Terms of Purchase.
The Company Sites may offer a quick view type feature for various products. This feature allows you to view price information about the product and add the product to your cart without opening the product page. The quick view feature and this "add to cart" feature are offered for your convenience only. The product page is where you will find more detailed information about a product, its source, features and pricing.
- Pricing Information
The Company strives to provide accurate pricing information regarding the products and services available on the Company Sites. We cannot, however, insure against pricing errors. The Company reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, the Company will notify you by email. In addition, the Company reserves the right, at its sole discretion, to correct any error in the stated full retail price.
Product and Service Availability
The Company Sites may contain information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Estimated delivery date to your destination address of an item will be around 30 days or less after your successful payment, it is subject to change based on shortage of an item, bad weather, transit time of your carrier, destination address etc. Unfortunately, the Company cannot guarantee that an item listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day. In rare cases, a product or service offering may be in stock when a customer places the order, and sold out by the time the Company attempts to process the order. Should this happen, the Company will notify you by email. Service offerings that are out-of-stock generally are no longer available. If Company determines that a product or service you wish to purchase is no longer available, the item will be cancelled from your order. The Company will notify you by email and delete the item from the Company Sites.
Specific Additional Disclaimers and Obligations