Indemnification Policy
The Legal Bits
INDEMNIFICATION
You agree to indemnify and hold Ashley Deck & Gifting Queen Ltd harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
LAW & DISPUTE RESOLUTION
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of United Kingdom, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Birmingham. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
You agree to indemnify, defend, and hold harmless Gifting Queen Ltd, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
OUR LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
Notwithstanding any other provision in the Terms, nothing in these Terms:
(if you are a consumer) affects or limits your rights as a consumer under English law (including without limitation goods being of satisfactory quality and not defective); or will exclude or limit our liability for fraud, fraudulent misrepresentation, death or personal injury resulting from our negligence.
The website(s) are provided on an 'as is' and 'as available' basis and we make no representations, endorsements or warranties (whether expressed or implied), in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the website(s) and any information provided by you. You must bear the risk associated with the use of the internet.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of, or are related to the website(s).
We do not offer our products to you for any business purposes. We do not therefore accept any form of business loss relating to your purchase.
If our supply of the 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 steps to minimise the effect of the delay. Provided we do this, we will not be liable for any such delays. This does not affect your rights to cancellation, refund and replacement.
It is your responsibility to ensure the recipient is aware that the gift should be opened immediately if it contains perishable goods. We cannot accept liability for spoiled products if the items in the order are not stored in the correct manner once delivered.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall [website owner], be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Ashley Deck & Gifting Queen Ltd assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Gifting Queen Ltd shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Gifting Queen Ltd has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You shall fully indemnify and keep both us and Gifting Queen Ltd indemnified from and against all costs, claims, expenses (including reasonable legal expenses), liability, losses or damage that we and/or Gifting Queen Ltd may suffer or incur as a result of or in connection with:
(a) your breach of any of the provisions of clause 9 of these Terms (Your Responsibility for Submitted Material); and
(b) any claims or actions that are raised against Gifting Queen Ltd by any third party in connection with the acts, omissions, negligence, default and/or breach of the Operator and/or any of its staff; and
(c) any breach by the Operator of any of the Terms.
TYPOGRAPHICAL ERRORS
In the event that a Gifting Queen Ltd product is mistakenly listed at an incorrect price, Gifting Queen Ltd reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Gifting Queen Ltd reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Gifting Queen Ltd shall issue a credit to your credit card account in the amount of the incorrect price.
MISCELLANEOUS
Your use of this site shall be governed in all respects by the laws of the United Kingdom, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Gifting Queen Ltd products) shall be in the Magistrates or Crown courts located in Birmingham, West Midlands. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Gifting Queen Ltd products) must be commenced within one (1) year after the claim or cause of action arises. Gifting Queen Ltd failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Gifting Queen Ltd may assign its rights and duties under this Agreement to any party at any time without notice to you.