Terms & Conditions

Last updated: 3 October 2026

1. Introduction

1.1 These terms and conditions govern your use of the Ingenious Gifts website and marketplace services. Ingenious Gifts is operated by Andrew Spackman, trading as Ingenious Gifts, whose details are in section 35.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5 Our website uses cookies and similar technologies as explained in our Privacy Policy. Where consent is required, it is requested separately through the relevant controls. Accepting these terms or browsing our website does not itself constitute consent to optional cookies.

2. Copyright notice

2.2 Subject to the express provisions of these terms and conditions:

we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Licence to use website

3.1 You may:

view pages from our website in a web browser;
download pages from our website for caching in a web browser;
print pages from our website;
share pages from our website; and
upload and sell your products by means of a web browser,

subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:

republish material from our website (including republication on another website);
sell, rent or sub-license material from our website;
show any material from our website in public;
exploit material from our website for a commercial purpose; or
redistribute material from our website.

3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. Acceptable use

4.1 You must not:

use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
violate the directives set out in the robots.txt file for our website; or
use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Use on behalf of organisation

5.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

yourself; and
the person, company or other legal entity that operates that business or organisational project,

to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.

6. Buyer registration and accounts

6.1 This Section 6 applies to buyers and prospective buyers.

6.2 To be eligible for a buyer account on our website under this Section 6, you must be at least 18 years of age and resident in the United Kingdom.

6.3 You may register for a buyer account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

7. Seller registration and accounts

7.1 This Section 7 applies to sellers and prospective sellers.

7.2 To be eligible for a vendor account on our website under this Section 7, you must be operating a business and:

if you are a sole trader, you must be at least 18 years of age and resident in England, Scotland, Wales and Northern Ireland;
if you are a partnership, you must be established under the laws of England, Scotland, Wales and Northern Ireland; and
if you are a limited company or other limited liability entity, you must be incorporated in England, Scotland, Wales and Northern Ireland.

7.3 To be eligible for an individual account on our website under this Section 7, you must be at least 18 years of age and resident in the United Kingdom.

7.4 You may register for a seller account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

8. User login details

8.1 If you register for an account with our website, you will be asked to choose a shop name, a shop URL, email address, user ID and password.

8.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 20; you must not use your account or user ID for or in connection with the impersonation of any person.

8.3 You must keep your password confidential.

8.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

8.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

9. Cancellation and suspension of account

9.1 We may:

suspend your account;
cancel your account; and/or
edit your account details,

at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.

9.2 You may cancel your account on our website by written email to hello@ingeniousgifts.co.uk. You will not be entitled to any refund if you cancel your account in accordance with this Section 9.2.

10. Seller stores

10.1 If you register with our website as a seller, you will be able to create your own store on the website.

10.2 To create a store on our website, you should take the following steps:

Register at the following URL https://ingeniousgifts.co.uk/register/ and select option “I am a seller”
Enter required information indicated on the registration form

10.3 Seller stores that are submitted will be automatically processed following submission. Ingenious Gifts have the right to reject submitted requests with a full refund if we feel that these requests do not comply with our terms and conditions, or we feel are unsuitable at the time of registration.

10.4 Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any seller store that breaches these terms and conditions or that does not meet any additional guidelines for seller stores published on our website.

10.5 If we permit the publication of a seller store, it will remain published on our website indefinitely, subject to these terms and conditions.

11. Seller listings

11.1 If you register with our website as a seller and create a store on the website, you will be able to submit listings to the website.

11.2 To create a listing on our website, you should take the following steps:

Log into your account at the following URL https://ingeniousgifts.co.uk/login/
Add a product from the products widget in your dashboard or from the products link on the left hand dashboard menu.
Follow the on screen instructions

11.3 Listings that are submitted will be individually reviewed within 48 hours following submission.

11.4 Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any listings that breach these terms and conditions or that do not meet any additional guidelines for listings published on our website; and if we reject, unpublish or delete a listing for any of these reasons, we will not refund any fees you may have paid to us in respect of the listing.

11.5 If we permit the publication of a listing, it will remain published on our website indefinitely, subject to these terms and conditions.

11.6 Listings submitted to our website must be true, fair, complete and accurate in all respects.

11.7 Listings submitted to our website must constitute bona fide listings relating to gifts.

11.8 Listings must be allocated to the appropriate category or categories. If you cannot identify an appropriate category for a listing, please contact us by emailing hello@ingeniousgifts.co.uk

11.9 You must keep your listings up to date using our website interface; in particular, you must remove any listings in respect of products that have ceased to be available.

11.10 Prices must be stated in pounds sterling and include applicable VAT and other taxes payable by the buyer. Sellers remain responsible for correctly determining their tax obligations and providing accurate prices.

11.11 Connecting a Shopify store. Approved Ingenious Gifts sellers may request to connect a Shopify store they own or are authorised to manage. You must approve the requested access through Shopify. The connection is associated with your Ingenious Gifts seller account and is not available for use by unrelated marketplace operators. You must not connect a store belonging to another seller without authority.

11.12 Scope of the integration. The integration imports selected products and updates linked prices and inventory. Where enabled, it adjusts Shopify stock for Ingenious Gifts orders, cancellations and refunds and creates corresponding IG order records in your Shopify store. Exported records can include relevant customer details, product options, quantities, prices, discounts, tax, shipping charges, notes and external payment references. Supported refunds, cancellations, dispatches, tracking corrections and delivery milestones are also reflected in that store. Payments and payment refunds remain with Ingenious Gifts and its payment providers; the Shopify record does not collect or refund the customer a second time. The integration does not import unrelated Shopify orders or customer profiles. Ingenious Gifts configures seller assignment, stock location and enabled functions. Shipment updates follow recorded dispatch information; a WooCommerce completed status alone is not proof of dispatch. Printable postage labels are not copied to Shopify.

11.13 Accuracy and seller responsibilities. You remain responsible for accurate prices, stock, product options, delivery information and the dispatch and tracking information you provide. Updates depend on background processing and communication with Shopify and are not guaranteed to appear instantly. Check listings and order records and report failed or incorrect updates. New eligible paid orders are exported while enabled; orders placed while export is paused are not automatically backfilled. Ambiguous item allocation or changes that cannot safely be reconciled may require administrator review. Automatic reconciliation of every post-export financial amendment, return or exchange is not provided. Customer notifications are disabled for the integration’s Shopify order creation, fulfillment creation and tracking updates, but your Shopify automations or other applications may still send messages. Existing IG and shipping-tool notifications are separate.

11.14 Permission to use imported product content. By asking us to import selected products, you authorise use of the product information and media you are entitled to supply to create and administer your Ingenious Gifts listings under section 19. You confirm you hold the necessary rights. Ordinary price and stock syncing does not replace locally edited titles, descriptions or images. This permission does not override applicable law, third-party rights or Shopify’s requirements. Personal information is handled as explained in our Privacy Policy.

11.15 Pausing or disconnecting. You may disconnect through your seller dashboard or ask us to pause sync. Local disconnection stops syncing and removes saved connection tokens. It does not uninstall the app from Shopify, cancel your IG membership, cancel existing orders or automatically delete your listings. While the app remains installed and no deletion requirement applies, listings remain available for manual management and you must keep them accurate. Settings and mappings may remain for permitted reconnection. To uninstall the app, use Shopify’s app management controls.

11.16 Uninstallation and deletion. Uninstallation and deletion requests are separate from pausing sync. We handle API-derived merchant data in accordance with applicable Shopify requirements and law. Where imported content must be removed, we may remove or replace it and suspend affected listings until you supply suitable replacement information directly to Ingenious Gifts. Independently submitted content is handled under the marketplace terms and Privacy Policy. Existing IG purchases, refunds and obligations continue within the marketplace; independently collected and legally required records are assessed under the applicable retention requirements. Seller permission alone does not establish an exemption from deletion requirements.

11.17 Reconnection and acceptance. Reconnection requires valid Shopify authorisation and the required permissions. Sync does not automatically resume after disconnection; Ingenious Gifts reviews and enables the relevant settings. Deleted mappings may require further administrator review and product setup. We record the version of connection terms accepted when connecting or reconnecting. Material changes and any required renewed acceptance are handled under section 28; changing the website text does not itself record fresh acceptance from every connected seller.

11.18 Integration support and responsibility. Ingenious Gifts is responsible for the integration and its support. Shopify does not provide support for this integration except where it expressly states otherwise and is not responsible for faults or harm caused by this application. This does not exclude responsibilities or rights that cannot lawfully be excluded. Contact hello@ingeniousgifts.co.uk for help. Keep store access secure and contact us promptly if you suspect an unauthorised connection or disclosure of credentials.

12. Product rules

12.1 The only products that may be the subject of a listing on our website are products falling within the following top level categories:

Home & Garden
Cards
Jewellery
Kids
Clothing & Accessories
Prints & Art
Food & Drink
Wedding
Personalised Gifts

12.2 You must not use our website to advertise, buy, sell or supply services, intangible products or downloadable products.

12.3 You must not advertise, buy, sell or supply through our website any product that:

breaches any law, regulations or code, or infringes any person’s intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;
consists of or contains material that would, if published on our website by you, contravene the provisions of Section 4 or Section 20; or
is or relates to: drugs, narcotics, steroids or controlled substances; pornography; obscene, indecent or sexually explicit materials; knives, swords, firearms or other weapons; ammunition for any weapon; items that encourage or facilitate criminal acts or civil wrongs; or items that encourage or facilitate the infringement of any intellectual property right.

13. The buying and selling process

13.1 You agree that a contract for the sale and purchase of a product or products will come into force between you and another registered website user, and accordingly that you commit to buying or selling the relevant product or products, in the following circumstances:

a buyer must add the products he or she wishes to purchase to the shopping cart, and then proceed to the checkout;
if the buyer is a new user, he or she must create a buyer account with the website and log in; otherwise, the buyer must enter his or her login details;
once the buyer is logged in, he or she must select the preferred method of delivery and confirm the order and his or her consent to these terms and conditions and the applicable terms and conditions of sale;
the buyer will be transferred to the website of the appointed payment service provider, and the payment service provider will handle the buyer’s payment to the seller; buyers must submit payment in full via credit or debit card;
the website will then send to the buyer an automatically generated acknowledgement of payment;
once the seller has checked whether it is able to meet the buyer’s order, the seller will send to the buyer an order confirmation (at which point the order will become a binding contract between the seller and the buyer) or the seller will confirm by email that it is unable to meet the buyer’s order.

14. Terms and conditions of sale

14.1 Sellers must use the website interface to create legal notices applying to their relationships with customers.

14.2 A seller must ensure that:

the seller’s legal notices are sufficient to meet the seller’s legal disclosure obligations and other legal obligations; and
the seller complies with all laws applicable to their product listings and sales, including where applicable the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Electronic Commerce (EC Directive) Regulations 2002.

14.3 Notwithstanding any terms agreed between a buyer and a seller, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:

the price for a product will be as stated in the relevant product listing;
delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, and VAT and other taxes will only be payable by the buyer if this is expressly and clearly stated in the product listing;
deliveries of products must be made within 30 days following the date the contract of sale comes into force or such shorter period as the buyer and seller may agree;
appropriate means of delivery of products must be used by the seller; and
products must be of satisfactory quality, and must be fit for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer.

14.4 If the seller is a trader and the buyer is a consumer, the provisions of Section 15 shall be incorporated into the contract of sale and purchase between a buyer and a seller.

14.5 Both buyers and sellers undertake to comply with the agreed terms and conditions of sale and purchase.

15. Distance contracts: cancellation right

15.1 This Section 15 applies if and only if the seller is a trader (a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf) and the buyer is a consumer (an individual acting wholly or mainly outside his or her trade, business, craft or profession).

15.2 The buyer may withdraw an offer to enter into a contract with a seller through our website or cancel a contract entered into with a seller through our website (without giving any reason for the withdrawal or cancellation) at any time within the period:

beginning upon the submission of the buyer’s offer; and
ending at the end of 14 days after the day on which the goods come into the buyer’s physical possession or the physical possession of a person identified by the buyer to take possession of them (or, if the contract is for delivery of multiple goods, lots or pieces of something, 14 days after the day on which the last of those goods, lots or pieces comes into the buyer’s physical possession or the physical possession of a person identified by the buyer to take possession of them).

15.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 15, the buyer must inform the seller of the buyer’s decision to withdraw or cancel (as the case may be). The buyer may inform the seller by means of any clear statement setting out the decision. In the case of cancellation, the buyer may inform the seller using the cancellation form that we or the seller will make available to the buyer. To meet the cancellation deadline, it is sufficient for the buyer to send the communication concerning the exercise of the right to cancel before the cancellation period has expired.

15.4 If the buyer cancels under this section, they must return the products to the seller at the specified return address, or hand them to an authorised recipient, without undue delay and within 14 days of notifying cancellation. The buyer bears the direct return cost only where this was disclosed before the contract was made and applicable law allows it. Rights relating to faulty, misdescribed or otherwise non-conforming goods are separate.

15.5 If the buyer cancels an order in accordance with this Section 15, the buyer will receive from the seller a full refund of the amount you paid to the seller in respect of the order including the costs of delivery to the buyer, except:

if the buyer chose a kind of delivery costing more than the least expensive kind of delivery that the seller offers, the seller reserves the right to retain the difference in cost between the kind of delivery the buyer chose and the least expensive kind of delivery that the seller offer; and
as otherwise provided in this Section 15.

15.6 The seller may make a lawful deduction for diminished value caused by handling beyond what is necessary to establish the nature, characteristics and functioning of the products. This does not permit deductions where the required cancellation information was not provided or where another legal restriction applies. Handling reasonably permitted in a shop is normally within the necessary level.

15.7 The seller will refund money using the same method used to make the payment, unless the buyer has expressly agreed otherwise. In any case, the buyer will not incur any fees as a result of the refund.

15.8 Unless the seller has offered to collect the products, the seller will process a refund due to the buyer as a result of a cancellation on the basis described in this Section 15 within the period of 14 days after the day on which the seller receive the returned products or (if earlier) after the day on which the buyer supplies to the seller evidence of having sent the products back. If the seller has not sent the products at the time of withdrawal or cancellation or has offered to collect the products, the seller will process a refund due to the buyer without undue delay and, in any case, within the period of 14 days after the day on which the seller is informed of the withdrawal or cancellation.

15.9 The cancellation right in this section is subject to the statutory exceptions, including the following where their legal conditions apply:

Sealed audio or video recordings or sealed computer software that have been unsealed after delivery.
Products whose price depends on fluctuations in financial markets outside the seller’s control that may occur during the cancellation period.
Newspapers, periodicals or magazines, except subscription contracts for those publications.
Goods liable to deteriorate or expire rapidly.
Goods made to the buyer’s specifications or clearly personalised. Merely choosing a standard option does not automatically remove the cancellation right.
Sealed goods not suitable for return for health protection or hygiene reasons that have been unsealed after delivery.
Goods that, by their nature, become inseparably mixed with other items after delivery.

15.10 These exceptions do not remove statutory rights where goods are faulty, misdescribed or otherwise fail to conform to the contract. Sellers must provide required cancellation information and a model cancellation form where applicable.

16. Fees

16.1 Membership Subscription Plans. Sellers must pay to us the following amounts:

Single monthly fee amount stated on the current plan selected by the seller. Plans that are subject to change will be superseded but will not affect the sellers subscription unless changed by the seller.
No fees in respect of the creation of a seller listing; and
8% commission fee of each sale made through our website.
Standard Stripe fees apply at the following rate per transaction:

1.5% + 20p for standard UK cards
2.5% + 20p for EU cards

16.2 Commission based legacy plans. Sellers must pay to us the following amounts:

No fees in respect of the creation of a seller account.
No fees in respect of the creation of a seller listing; and
12% commission fee in respect of each sale made through our website.
Standard Stripe fees apply at the following rate per transaction:

1.5% + 20p for standard UK cards
2.5% + 20p for EU cards

16.3 In respect of fees payable to us by sellers:

the fees will be as specified on our website from time to time; and
the scope and duration of the services in respect of which the fees are payable will be as specified on our website at the time those fees are paid.

16.4 In respect of commission payable to us by our commission based plans legacy sellers:

commission shall be payable at the rate of 12% of aggregate sales value (excluding value added taxes, sales taxes and delivery charges);
we shall deduct commission due from amounts held or processed by us on behalf of the seller; and
commission payments are non-refundable, irrespective of whether a buyer subsequently cancels the underlying order and irrespective of whether a buyer is entitled to, or receives, a refund in respect of such an order.

16.5 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.

16.6 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

16.7 We may vary commission rates from time to time by posting new rates on our website, but this will not affect any liability to pay commission that accrues before the new rates are posted.

16.8 Minimum Membership Commitment. All Seller Membership Plans under this Website are subject to a minimum subscription commitment period to enable us to provide the onboarding, marketing support, platform features and promotional exposure that underpin the value of the membership:

Basic and Standard plans each carry a minimum term of three (3) months.
Premium plans carry a minimum term of six (6) months.

Once the minimum term has been fulfilled, you may cancel the membership at any time and the membership will continue until the end of the current billing period, but no pro-rata refunds will be issued for unused time prior to the end of your billing period.

17. Payments

17.1 You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.

17.2 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

17.3 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

an amount equal to the amount of the charge-back;
all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
an administration fee of GBP 25.00 including VAT; and
all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 17.3 (including without limitation legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 17.3.

17.4 If a seller owes us an amount under these terms, we may suspend or withdraw seller services where lawful and proportionate. This does not permit withholding a refund legally due to a customer, removing statutory rights or breaching our own obligations.

17.5 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

18. Our role

18.1 Ingenious Gifts provides and administers the marketplace, reviews seller applications and listings, facilitates payments and refunds through payment providers, and may provide product, order and shipping integrations. The contract for a product sale is between the buyer and the identified seller. Sellers remain responsible for their products, accurate listings, fulfilment and statutory obligations. Our curation and review do not constitute a guarantee of every seller statement or product. We are responsible for our own services and obligations; this section does not exclude responsibilities or rights that cannot lawfully be excluded.

18.2 The provisions of this Section 18 are subject to Section 23.1.

19. Your content: license

19.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

19.2 You grant us permission to reproduce and store your content and, with your specific authorisation, publish it on and in relation to Ingenious Gifts for the requested marketplace services. Authorising selected Shopify imports is such authorisation for those listings. You retain ownership of your content. This permission is subject to section 11.16, applicable law, third-party rights and Shopify’s requirements; it does not create an exemption from data deletion obligations.

19.3 We may sub-license the permissions in section 19.2 to service providers only to the extent needed to provide the authorised marketplace services, subject to the same limitations.

19.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 19.2.

19.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

19.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

19.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

20. Your content: rules

20.1 You warrant and represent that your content will comply with these terms and conditions.

20.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

20.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

be libellous or maliciously false;
be obscene or indecent;
infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
infringe any right of confidence, right of privacy or right under data protection legislation;
constitute negligent advice or contain any negligent statement;
constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
be in contempt of any court, or in breach of any court order;
be in breach of racial or religious hatred or discrimination legislation;
be blasphemous;
be in breach of official secrets legislation;
be in breach of any contractual obligation owed to any person;
depict violence in an explicit, graphic or gratuitous manner;
be pornographic, lewd, suggestive or sexually explicit;
be untrue, false, inaccurate or misleading;
consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
constitute spam;
be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
cause annoyance, inconvenience or needless anxiety to any person.

20.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

20.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

20.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

21. Report abuse

21.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

21.2 You can let us know about any such material or activity by email to hello@ingeniousgifts.co.uk

22. Limited warranties

22.1 We do not warrant or represent:

the completeness or accuracy of the information published on our website;
that the material on the website is up to date; or
that the website or any service on the website will remain available.

22.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

22.3 To the maximum extent permitted by applicable law and subject to Section 23.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

23. Limitations and exclusions of liability

23.1 Nothing in these terms and conditions will:

limit or exclude any liability for death or personal injury resulting from negligence;
limit or exclude any liability for fraud or fraudulent misrepresentation;
limit any liabilities in any way that is not permitted under applicable law; or
exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

23.2 The limitations and exclusions of liability set out in this Section 23 and elsewhere in these terms and conditions:

are subject to Section 23.1; and
govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

23.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

23.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

23.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

23.6 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 23.6 shall not apply.

23.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 23.7 shall not apply.

23.8 Ingenious Gifts is a sole-trader business operated by Andrew Spackman, rather than a limited liability company. Nothing in these terms excludes or restricts the operator’s responsibilities except to the extent expressly and lawfully permitted by this section.

23.9 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:

£1000; and
the total amount paid and payable to us under the contract.

24. Indemnity

24.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

25. Breaches of these terms and conditions

25.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

send you one or more formal warnings;
temporarily suspend your access to our website;
permanently prohibit you from accessing our website;
block computers using your IP address from accessing our website;
contact any or all of your internet service providers and request that they block your access to our website;
commence legal action against you, whether for breach of contract or otherwise; and/or
suspend or delete your account on our website.

25.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

26. Third party websites

26.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

26.2 We have no control over third party websites and their contents, and subject to Section 23.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

27. Trade marks

27.1 Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

27.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

28. Variation

28.1 We may revise these terms and conditions from time to time.

28.2 We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

28.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

29. Assignment

29.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

29.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

30. Severability

30.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

30.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

31. Third party rights

31.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

31.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

32. Entire agreement

32.1 Subject to Section 23.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

33. Law and jurisdiction

33.1 These terms and conditions shall be governed by and construed in accordance with English law.

33.2 Disputes are subject to the jurisdiction of the courts of England, subject to any mandatory rights consumers have to bring proceedings in the courts of their place of residence. Nothing in this section deprives a consumer of protections that cannot lawfully be excluded.

34. Statutory and regulatory disclosures

34.1 We will specify on the website or elsewhere in these terms and conditions the different technical steps you must follow to conclude a contract under these terms and conditions, and also the technical means for identifying and correcting input errors prior to the placing of your order.

34.2 You should save a copy of the terms you accept for future reference. Where a seller accepts a version of the Shopify connection terms, the integration records that acceptance and the relevant version. Contact us if you need help identifying the version applicable to your connection.

34.3 For complaints about the marketplace or an order, contact hello@ingeniousgifts.co.uk. We will provide information about applicable alternative dispute resolution arrangements where legally required. Nothing in this clause prevents you from exercising statutory rights or bringing a claim.

35. Our details

35.1 This website is owned and operated by Andrew Spackman, trading as Ingenious Gifts.

35.2 Ingenious Gifts operates as a sole-trader business and does not have a company registered office.

35.3 Our business correspondence address is 94 Greenfields, Earith, Huntingdon, Cambridgeshire PE28 3QY, United Kingdom.

35.4 You can contact us:

By post to the address above.
Using our website contact form.
By email at hello@ingeniousgifts.co.uk.