Terms & Conditionals

Last updated: August 2020

 

 

1. Website Owner, the Offering, and Binding of Terms

1.1. This website is owned and operated by The Masked Gifter Ltd [www.themaskedgifter.com, www.themaskedgifter.co.uk]. These Terms set forth the terms and conditions under which you may use our website and services as offered by us (“Services”). This website offers visitors a bespoke gifting service. By accessing or using the website of our Services, you approve that you have read, understood, and agree to be bound by these Terms.

1.2. In order to use our website and/or receive our Services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive Services if doing so is prohibited in your country or under any law or regulation applicable to you.

1.3. When purchasing a membership plan, you agree that:

(i) You are responsible for reading the full item listing before making a commitment to buy it;

(ii) You enter into a legally binding contract to purchase a membership plan when you commit to buy a membership plan and you complete the check-out payment process;

(iii) You must abide by the stated expiration deadline of the membership plan you select; and

(iv) Once you have completed your gift recipient forms, should there be any changes to the
recipients listed, the The Masked Gifter Ltd will reserve the right to charge an additional transfer fee.

 

The fees we charge for using our Services are listed on the website. We reserve the right to change our prices for services displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

In the event that you have exceptional gifting requests, we will provide a bespoke quote.

1.4. When purchasing a gift, you agree that:

 

(i) You are responsible for reading the full item listing before making a commitment to buy it; and

(ii) You enter into a legally binding contract to purchase a gift when you commit to buy a gift and you complete the check-out payment process.

1.5. From time to time, it may be necessary to vary the elements of the gift or the gift that has been selected from the options provided, for reasons including but not limited to, availability, delivery time and price fluctuation. We will endeavour to find a suitable alternative of equivalent value.

 

1.6. The Masked Gifter Ltd reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the service description or the fees posted on the website, the availability of the product or an error in your order.

 

1.7. The Masked Gifter Ltd provides a branded wrapping and packaging service as standard. We can offer an anonymous wrapping and packaging service without The Masked Gifter Ltd branding upon request. It is your responsibility to request this discrete service upon confirmation of your gift option.

 

2. General Terms

 

2.1 The following Terms shall apply to any service/product sold on this website. These Terms constitute a complete and exclusive statement of the agreement and understanding between you and The Masked Gifter Ltd with respect to the subject matter hereof.

 

2.2. The goods delivered under this Agreement shall be of normal quality. Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.

 

2.3. Your order is an offer by you to purchase a particular gift for the price (including the delivery and other charges and taxes) specified by The Masked Gifter Ltd at the time of offering the gift options and shall be understood to be placed under these Terms.

 

2.4. Your contract with The Masked Gifter Ltd comes into existence when The Masked Gifter Ltd confirms receipt of your payment for the membership plan by email.

 

This contract shall be governed by and construed in accordance with the law in effect in Hong Kong and by entering into contract both parties are accepting the jurisdiction of the courts of Hong Kong in relation to any dispute between them.

2.5. At the time of selecting a membership plan, you will be asked to confirm if the gift is to be delivered to you, or to be delivered to your nominated recipient.

 

(i) Per the paragraph above, as appropriate you or your nominated recipient shall inspect the gift immediately upon arrival and shall within seven (7) days give notice to The Masked Gifter Ltd if the gift is not in accordance with specified requirements subject to paragraph 1.5.

(ii) If you fail to give such notice, the gift shall be deemed to be in all respects in accordance with the specified requirements.

(iii) No claim shall be recognised unless made in writing and received The Masked Gifter Ltd within seven (7) days after receipt of gift.

(iv) The total amount of any claim shall not exceed the actual invoice value of the goods claimed to be faulty.

2.6. Ownership and property in the gift delivered shall pass from The Masked Gifter Ltd to you when The Masked Gifter Ltd purchases the selected gift. Risk passes to you upon delivery to your agreed delivery point.

2.7. Should force majeure occur:

 

(i) If the gift has already been sent for delivery, The Masked Gifter Ltd shall not be responsible for non-delivery or delay in delivery of any gifts caused by force majeure;

(ii) If the gift has already been purchased but not yet sent for delivery, you have the option to halt delivery and proceed with delivery either to yourself or to your gift recipient once the force majeure has ceased;

(iii) If the gift has not yet been purchased, you have the option of not purchasing a gift. The Masked Gifter LTD’s service fee is non-refundable.

 

For the purpose of these Terms and Conditions, force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, pandemic, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.

2.8. The Masked Gifter Ltd shall not be responsible for non-delivery or delay in delivery of any gifts that are out of our control due to the delivery company. All gifts will be sent with using a track and trace postal service, which will be added to your selected gift choice cost.

 

3. Gift Option Policy

 

3.1. The purchase of the membership plan is non-refundable. You are under no obligation to select a gift from the options provided. The Masked Gifter Ltd will provide up to five (5) gift options for you to select from, based on your completed gift recipient profile form as may be amended.

 

In the unlikely event you that the options presented to you do not meet your needs, will work with you to come up with a maximum of five (5) alternative gift options following a further consultation by phone/email.

4. Alcohol

 

4.1. Alcoholic gifts may only be purchased for gift recipients aged 18 years and older.

 

5. Gift Return, Exchange and Refund Policy

 

5.1. The gift option selected is governed under the specific return/exchange/refund policy of the store it is purchased from, therefore each policy may differ from store to store. The Masked Gifter Ltd will make the store return/exchange/refund policy known at the time of gift finalisation before you pay for the gift. It is your responsibility to ensure you have read, understood and agreed to the store return/exchange/refund policy before making the gift payment as The Masked Gifter Ltd cannot facilitate any returns/exchanges/refunds directly. Any returns/exchanges/refunds will be passed to you to action if required.

5.2. Once you have selected your gift option from the options provided by The Masked Gifter Ltd, and payment for the gift has been received, The Masked Gifter Ltd will commence the gift purchasing stage. No alterations can be made after this. Refer to paragraph 5.1. for the store return/exchange/refund policies.

 

6. Retention of Right to Change Offering

 

6.1. We may, without prior notice, change the Services; stop providing the Services or any features of the Services we offer; or create limits for the Services. We will endeavour to fulfil any purchased membership plans to the best of our ability however, may permanently or temporarily terminate or suspend access to the Services without notice and liability for any reason, or for no reason.

7. Ownership of Intellectual Property, Copyrights and Logos

 

7.1. The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of The Masked Gifter Ltd. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

 

8. Right to Suspend or Cancel User Account

 

8.1. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. Subject to paragraph 3.1, you may discontinue use and request to cancel your account and/or any Services at any time.

9. Indemnification

 

9.1. You agree to indemnify and hold The Masked Gifter 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.

 

10. Limitation of Liability

 

10.1. To the maximum extent permitted by applicable law, in no event shall The Masked Gifter Ltd, 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 Services.

10.2. To the maximum extent permitted by applicable law, The Masked Gifter 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 Services; and

(iii) Any unauthorized access to or use of our secure servers and/or any and all Personal Data therein.

11. Right to Change and Modify Terms

 

11.1. We reserve the right to modify these Terms from time to time at our sole discretion. Therefore, you should review this page periodically. Your continued use of the Website or our Services after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future version of the Terms, do not use or access (or continue to access) the website or the Services.

 

12. Promotional Emails and Content

12.1  Subject always to our Privacy Policy, we may send marketing material to you, but only in accordance with applicable law. If we intend to use your Personal Data for direct marketing purposes or provide your Personal Data to third parties for direct marketing purposes, we will inform you of that at the time we collect your Personal Data. We will provide you an opportunity to opt out of receiving direct marketing materials at that time. If you don’t opt out at that time but later decide you no longer wish to receive direct marketing, you may ask us to further cease any direct marketing by contacting us at hello@themaskedgifter.com.

13. Feedback and Reviews

 

13.1. The Masked Gifter Ltd welcomes feedback and reviews of our service. By providing a comment, suggestion, feedback or review you are permitting The Masked Gifter Ltd to use your submission in whichever way we wish, including but not limited to our website and in promotional content at our absolute discretion.

 

14. Website Technical Experience

 

14.1. The Masked Gifter Ltd does not guarantee that the website will be uninterrupted or free from viruses. You should access this site via a secure internet network.

15. Links To and From Third-Party Sites

 

15.1. The Masked Gifter Ltd may provide links to third-party sites for added information or for gift inspiration, which once clicked, will open in a new window. However we do not endorse the third-party sites or goods, and cannot verify accuracy, availability or pricing.

 

We encourage inbound links to our site from other third-party sites, and whilst prior written permission is not essential it is appreciated so we are aware of such inbound links.

 

16. Customer Support Details & Contact Info

 

16.1. The Masked Gifter Ltd

​hello@themaskedgifter.com 

(852) 5501 2105

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