These terms and conditions (the “Terms”) set out your rights and obligations, and those of ECOQLIP LTD (“we” or “us”), in relation to this website, (the “Website”).
When we refer to “Ecoqlip” in these Terms, we mean us, the Site, and/or the Services, according to the context.
2. By using the website you accept that you are entering into a contract with us under these Terms.
If you do not agree to these Terms, you must not use this Website.
You should be aware that these Terms may change from time to time.
2.1 Trading details
Whenever you buy a product through this Website, you will be contracting with Ecoqlip or its designated partners or franchises.
3. Ordering from us
3.1. Product description
We use our reasonable endeavours to make sure that every product on Ecoqlip is shown accurately and that prices are correct. However, occasionally there may be small variations in colour, typefaces and layout.
3.2. Placing your order
A contract for the purchase of a product is created as follows:
The User places the order on the Site by using the checkout procedure and making payment.
By making payment, you are agreeing to purchase the product you have selected
From time to time, we may reject an order for the following reasons:
If, unfortunately, we do not have your chosen product in stock and cannot provide a suitable alternative
Where we cannot obtain authorisation for your payment
If there has been a relevant pricing or product description error
If your order otherwise breaches any of the requirements of these Terms
The use of images for a personalised product which are corrupted, unsupported technically or inadequately pixelated
If a personalised product you wish to order contains anything which contravenes, or appears to contravene, our Content Policy.
We suspect that the order has been placed fraudulently
It appears that the order mistakenly duplicates another order
If your order is rejected, we may contact you to confirm this and may reverse the payment you have made for that order, subject to content policy and administrative cost.
There are no circumstances in which you may cancel an order after it has been paid for, although we may try and help if possible.
Note that we may bar or prevent an individual or email address or other identifier from making purchases or otherwise interacting with us where we reasonably suspect an association with fraud or other infringements of the law.
3.3. Personalising products
Ecoqlip aims to provide you with a fast, high-quality service. Please double-check your order receipt. As a courtesy, we may allow you to make changes to your order if possible
If you are uploading a photo, images must be in JPEG or PNG format. Any other format such as Word documents and PDFs cannot be accepted. For best results, we advise that you make the image dimensions approximately 1,000 pixels for the smallest edge of your photos. We print images at 300DPI (Dots Per Inch), so if you are scanning the image we recommend you use this setting. If you try to upload a photo that has a lower resolution or image size, we will accept it.
By uploading, posting, contributing or including any content or material in a personalised product, you grant us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that content or material solely for the purpose of performing obligations and exercising rights under these Terms. Note that we may modify content or material in order to conform it to Ecoqlip or the requirements of the product you have ordered (such as by cropping images). Ie We have the right to use images of your personalised product for our commercial benefit, ie advertising without permission and without payment.
3.4. Content Policy Rules
We do not permit personalised products to include any content or material which:
infringes anyone’s copyright: in particular, you must ensure that you either own the copyright in an image or any other content that you wish to include in a personalised product or that you are fully licensed by the copyright owner to include that image or other content in the personalised product
infringes any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality
contravenes any applicable law (including, without limitation, any criminal law) or regulation
is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person
misrepresents identity or impersonates any person
includes any material containing personally identifying information about another person, such as their address, phone number, or email address, except with the written approval of that person
contains material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group
may harass, upset, embarrass or alarm any person
gives the impression that it emanates from or has been approved by us
advocates, promotes or assists any unlawful act
At Ecoqlip, you can pay for your products using credit card, debit card or any other payment method which we make available to you at the time of your order. This is undertaken through a third party and we thus do not receive any detailed information related to individuals payments.
3.7. 7pm Despatch Cut Off
Supply and pricing of products
4.1. Supply of Products
The official club gift boxes are sold by us through the Club online facility linked to our Website. They are manufactured and shipped from a range of different in-house and third-party production facilities based in the United Kingdom.
4.2. Transfer of Title
We are the officially licenced supplier
4.3. Prices and VAT
All published prices are inclusive of VAT.
4.4. Postage and packaging charges
For most items ( although dependant on location), prices are exclusive of postage. Packaging charges may be incurred dependant on location, however, these will be shown separately at the checkout stage before you place your order. In some cases, it may be that prices shown may include postage and packaging. If this is the case this will also be clearly stated.
4.5. VAT Receipts
4.6. Substitute Products
Please note that if a product is unavailable, we may substitute it with an alternative product unless you request us not to do so.
During the order process, Ecoqlip will generally deliver within 3-5 working days from receipt of order. In the event of an unexpected issue after receiving your order, best endeavours will apply to notify you of progress. Ecoqlip does not guarantee fixed delivery dates or times and issues of late delivery as a result of unavoidable courier circumstances are not covered by EcoQlip.
Expected delivery times and charges will differ depending on the location to be delivered. More details are set out below.
5.1. General despatch information
The despatch date is the day we SEND the item you have ordered, NOT the day it will be delivered.
Your order is likely to arrive much faster if you use a postcode
You can check that you have the correct postcode by using the Royal Mail’s handy postcode finder available at www.royalmail.com/find-a-postcode. To state the obvious, we are not responsible for the accuracy of the Royal Mail’s postcode finder
It is your responsibility to ensure that the delivery address you provide for any order you place is correct
5.2. Circumstances Beyond Our Control
Neither we, nor any delivery service that we use, shall be liable for any failure to perform Services where such failure or delay results from any circumstances outside our reasonable control; these circumstances include but are not limited to adverse weather conditions (such as snow, flood and extreme winds), fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or industrial dispute or strike.
Changing or cancelling an order of may incur an administrative cost in the region of £20.00 subject to determination by EcoQlip.
Returns and refunds
At Ecoqlip, we always try to send your products in perfect condition. However, occasionally, a problem can arise. In the unlikely event that a product is faulty, or it is damaged in delivery or is the wrong item, we ask you to contact us via the website within 3 days to let us know of the problem as soon as possible. Our intention is to replace however we will advise what we can do, however a refund, is not guaranteed.
If you wish to return an item you will be eligible for the cost of the transport.
7.1. Reporting a problem
If for any reason you are not happy with your Ecoqlip order, please contact us via the website Contact Us page.
We aim to acknowledge any complaint within 14 working days, and will do our best to resolve it within 28 days. We may ask you to take various photograph of the product to help us communicate with our suppliers and correct any future problems.
Please note: because plants are perishable, we need to be informed of any problem with your order within three days of delivery to give us the best chance of resolving the issue. We will, at our discretion, consider issues raised after three days.
7.2. Returning products and issuing refunds
Refunds are not guaranteed and cannot be given if the fault is a result of your own actions such as product misuse or if personalisation is misplaced or misspelt or if you have uploaded an image of a low resolution or size resulting in an unclear image.
If the recipient receives damaged product or they fail to arrive, please contact us immediately so that we can arrange to re-send on the next available delivery date.
(Where plants have been damaged we will normally ask for photographs clearly showing the problem so we can use them to determine what is wrong. Refunds cannot be given for plants that have died quickly, unless we understand there to be a genuine problem. It is important that plants are cared for correctly. Putting them by heat sources or draughts, or failing to water will damage them).
It is important that we are contacted as soon as possible regarding issues with your order or the product(s) you have ordered. We need to be informed of any issues within 24 hours of the order to give us the best chance of successfully resolving the issue.
8.1. How we use your contact information
The personal information you provide to us will include information of contact and delivery details to fulfil the contract.
We will not disclose any of your personal data without permission unless we are legally obliged to do so or we are in negotiations for the sale or purchase of any of EcoQlip’s business or assets and that data is held within the company at that time.
8.2. Opt out
If at a future time the opportunity develops to register with EcoQlip for coupons or other benefits, you will be able to opt out of receiving any communications.
8.4. Security of your Account and password (not currently applicable)
Currently this is not available.
However in the event that this develops, you must not share the User name and password with which you register with Ecoqlip with anyone else.
We know that you may use the same password for other Internet accounts, and that it is highly sensitive. Rest assured, your password will remain encrypted and we do not have access to it. If you forget your password, you can request to reset it. By requesting to reset your password an email will be sent to the email address registered with your Account containing a link to reset your password. You will then be able to access your Account and create a new password.
You are solely responsible for maintaining the confidentiality of your password and any other identifying information.
Note that we are entitled to treat anything done while your Account is logged into the Website or App, or by means of an email address, phone number or other communications method associated with that Account, as having been done by you; it is up to you to maintain the security of your Ecoqlip Account.
8.5. Credit card transactions
Your full card details are not recorded or stored in our database.
8.7. Subject Access Requests
Under the Data Protection Act 1998 you have the right to request a copy of all personal data we hold about you, by means of a Subject Access Request.
If you wish to find out further information about this request, please visit the Information Commissioner’s Office website for guidance.
We operate in accordance with the guidance.
Use of the Website
9.1. Abuse of service
You agree not to use Ecoqlip directly or indirectly for any unlawful purpose, or to cause distress or offence to seek to damage any brand, company or person. You also agree not to upload, email to us or print any images or other material which might infringe our Content Policy Rules (set out in section 3.4 above).
9.2. Intellectual Property
All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that appears on the Website is protected by Ecoqlip’s or others third party copyrights, trade marks, service marks, patents or other proprietary rights and laws.
You may use and access Ecoqlip to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from Ecoqlip.
No-one may copy, distribute, show in public or create any derivative from Ecoqlip website material, or any of the material which is found on Ecoqlip unless legally licensed by us to do so. You are not allowed to use Ecoqlip (or to copy or use any material found on Ecoqlip) for any commercial purpose other than to conduct the purchase of a product from Ecoqlip.
No-one may use any robot, spider, scraper or other automated means to access Ecoqlip for any purpose without our prior express written permission.
9.3. Website content and service access
We will always try to ensure that Ecoqlip is available 24 hours a day. However, we will not be liable if for any reason the Website is unavailable at any time, or for any period.
Occasionally, we may provide links to other websites or resources for your convenience. We do not endorse the contents of those websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third party websites you do so at your own risk.
We use reasonable care and skill to provide Ecoqlip in accordance with our specifications for Ecoqlip but:
the Services are provided “as is”
we cannot and do not guarantee that Ecoqlip or the Services will meet your requirements
under no circumstances are we liable for any claim over and above the value of the product purchased.
Under no circumstances is any subsequential loss accepted.
We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms.
Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of products we supply following our acceptance of your order.
We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption, or any loss or corruption of data
any loss or damage which does not directly result from (or which exceeds that which was caused as a direct result of) our breach of this Agreement, howsoever caused or arising
Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms by you, your use of the Website, for anything done while logged into the Website.
The provisions of this section 9.5 shall survive the termination or expiry of these Terms.
We reserve the right at any time and without notice (a) to suspend or terminate your ability to access Ecoqlip, (b) to suspend or terminate your use of all or part of the Services and/or any then-current orders for products, and/or (c) to take technical and legal steps to stop you from using Ecoqlip if you appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person.
In addition, we are entitled to suspend provision of all or part of the Services at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.
9.7. Contact from third parties
If anyone contacts us in relation to your use of Ecoqlip or a transaction associated with you, then you agree:
to provide all reasonable information and assistance we may require in connection with responding to that contact
to respond promptly and accurately to it, should we pass the message to you for a response
Offers and Promotions
Any offers and promotions which we make available on our Website are governed by these and further terms and conditions which will be accessible at the time.
These Terms are intended to contain your entire agreement with us relating to the Services and the Website.
Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act.
No third party shall be entitled to enforce any of these Terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
We reserve the right to amend these Terms from time to time, and post the new version on the Website. The new version will commence:
immediately upon the date of posting (or such later date as we indicate in the relevant posting).
These Terms, the Services and each order and purchase of a product shall be governed by English law.
You and we will submit to the exclusive jurisdiction of the English courts in relation to disputes arising in connection with these Terms, the Services and any order for or purchase of a product.
By submitting a review of EcoQlip on the Website or other third party media, you confirm and agree that:
You are the sole author and the Review is original.
In the case of a non conformance, your review is an accurate and fair description of the non conforming situation or product.
You are at least 18 years old.
You will grant Ecoqlip a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy and modify or remove your review.
You agree you will not submit a review:
That is known by you to be false, inaccurate or misleading;
That infringes anyone’s copyright, trade mark or other proprietary rights, or a duty owed to any person or entity, such as a duty of confidentiality;
That breaches any applicable law, or that advocates, promotes or assists any unlawful act;
That is, or may reasonably be considered to be, offensive, abusive, threatening or defamatory to an individual, company or brand;
That promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person (Fan) or group
For which you were compensated or granted any consideration by any third party;
That references any other website or service;
That misrepresents identity or impersonates any person;
That includes any personally identifying information about any person, such as their name, address, phone number, or email address;
That is pornographic, obscene or indecent;
That may harass, upset, embarrass or alarm any person; or
That comments on any other reviewer
The Website reserves the right, in its absolute discretion, to:
Decline to publish a review; and
Remove a review for any reason
For any review that you submit, you grant Ecoqlip a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy, modify, delete in its entirety, adapt, publish, translate and create derivative works from that review in any medium or technology throughout the world.
You acknowledge that you, not Ecoqlip, are responsible for the contents of your review.
By submitting your email address in connection with your rating and review, you agree that Ecoqlip and its third party service providers may use your email address to contact you about the status of your review and for other administrative purposes.
When we refer to “Ecoqlip” in these Terms, we mean the http://www.ecoqlip.com site, and any of Ecoqlip’s designated partners or franchises according to the context.
Version 2 published Tuesday 16 July 2019