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    BURBERRY X 4GIFT - TERMS AND CONDITIONS

    BURBERRY X 4GIFT - TERMS AND CONDITIONS

    These terms and conditions (collectively, "4Gift Terms") set out the terms of use that apply to the use of the Portal for the Service, including all Gift Requests (as defined herein) submitted for Products available through the Service. Burberry Limited is referred to in these Terms as “Burberry,” “We,” or “Us.” These conditions are separate from and in addition to Burberry’s website Terms and Conditions, which are incorporated herein by reference. To the extent that there is a conflict between the 4Gift Terms and the Burberry website Terms and Conditions, the 4Gift Terms shall control. By accessing the Service you acknowledge that you have read, understand, and agree to be unconditionally bound by these 4Gift Terms and we therefore advise you to read these 4Gift Terms carefully and to save or print a copy of these 4Gift Terms for future reference. If you do not agree to these 4Gift Terms, you must cease using and accessing the Service immediately. The 4Gift Terms may be changed and updated from time to time and any changes will be effective from the publication of the amended 4Gift Terms on the Portal.

    (A) DEFINITIONS

    1. “4Gift” means 4Gifters Italia Srl. and SurpriseU Inc, together the providers of the Portal;
    2. “Contributor” means each individual contributing money towards the total sales price of a Product which is chosen to be gifted for the benefit of a Gift Recipient and “Contributors” shall be construed accordingly;
    3. Gift Claiming Process” means where: (A) the Gift Recipient exercises one of the following options:
    • confirming acceptance of the Product that has been chosen by the Gifter or Lead Contributor (as applicable);
    • declining acceptance of the Product that has been chosen by the Gifter or Lead Contributor (as applicable) and selecting a variation of the same Product that was initially chosen by the Gifter or Lead Contributor (as applicable) (for example, different colour or size) and such variation has the same sales price as the Product initially chosen by the Gifter or Lead Contributor (as applicable);
    • declining acceptance of the Product that has been chosen by the Gifter or Lead Contributor (as applicable) and selecting a different Product that has the same sales price as the Product that was initially chosen by the Gifter or Lead Contributor (as applicable); or
    • declining acceptance of the Product that has been chosen by the Gifter or Lead Contributor (as applicable) and selecting a different Product that has a higher sales price than the Product initially chosen by the Gifter or Lead Contributor (as relevant); and, (B) to the extent applicable, where the Gift Recipient chooses options (iii) or (iv) above, the Lead Contributor or Gifter (as applicable) has not exercised their right to reject the Gift Recipient’s choice within 24 hours of being notified by 4Gift via email of such change;

     4. “Gifter” means a single individual that uses the Service for the benefit of a Gift Recipient;

     5. “Gift Order” means a request for a Product(s) that has been initiated by a Gifter or Lead Contributor (as relevant) and the Gift            Claiming Process and payment for the relevant Product(s) has been provided;

    6.“Gift Recipient” means the individual who is selected by a Gifter or Lead Contributor (as relevant) to receive a Product as a gift;

      7. “Gift Request” means a request for a Product/Products initiated by a Gifter or Lead Contributor (as relevant) and the Gift Claiming Process has not yet been completed;

      8. “Lead Contributor” means the individual that uses the Service to set-up a group gift for the benefit of a Gift Recipient;

      9. “Portal” means the 4Gift gifting portal located at www.burberry-4gift.com;

      10. “Product(s)” means Burberry's products that are made available for sale via the Service;

      11. “Revised Gift Request” means a request by a Gift Recipient during the Gift Claiming Process for a different Product (of the same or higher value than the Product initially chosen by the Gifter or Lead Contributor (as applicable));

      12. “Sales Tax” means any applicable sales or value added taxes; and

      13. “Service” means the service of being able to gift certain Products to Gift Recipients through the Portal.

    (B) CONDITIONS OF USE

    1. Please note that these 4Gift Terms do not affect your statutory rights as a consumer.
    2. You agree that the information you provide on the Portal is not misleading, is true and accurate in all respects and you will notify our customer service team of any changes to that information.
    3. We may change, withdraw, or suspend access to the Service and Portal (in whole or part and permanently or temporarily) with or without notice and with no liability to you.
    4. The Portal may include links to other websites or resources (“Linked Websites”). Burberry has no control over the content of Linked Websites and you agree that, should you access a Linked Website using a link from the Service, Burberry is not responsible for the availability of the Linked Websites, and is not liable in any way for the content of Linked Websites, including (without limitation) any goods or services available from such Linked Websites, other advertising or content on such Linked Websites or the use that such Linked Websites make of your personal information. Furthermore, Burberry will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such Linked Websites or the content thereon.
    5. Burberry may deny you access to the Service at any time in its sole discretion. Examples of when we may so deny you access include but is not limited to where we believe that your use of the Service is in violation of any of these 4Gift Terms, any law or the rights of any third party or was not respectful to others.
    6. The Service and the Portal are not directed toward individuals under the age of 18. If you are under the age of 18, you are not permitted to use the Service.
    7. You understand that 4Gift is not a reseller of the Products, is not a gift card or stored value provider and any payments made on the Portal shall be processed by 4Gift on behalf of Burberry.

    (C) SERVICE

    1. Gifters/Contributors

    Gifter

    • Products may be gifted by a Gifter, where, through the Service, the Gifter will be prompted to submit a Gift Request by selecting a Product to gift to a Gift Recipient and will be prompted to provide Gift Recipient’s name and email address.
    • Upon Product selection, the Gifter will be prompted to provide payment information, upon which 4Gift will apply a standard rate of estimated Sales Tax in the amount of 13% to the sales price of the selected Product, and will authorize a hold against the Gifter’s payment method, the total amount of such hold being the sales price of the selected Product and the estimated Sales Tax.
    • Gifter may select a date up to 15 days from the date of the Gift Request for 4Gift to notify Gift Recipient about the details of the Product that has been selected as a gift by the Gifter, upon which 4Gift will send such email notification to Gift Recipient. Gifter may cancel the Gift Request up until the date on which the gift notification is sent to Gift Recipient by 4Gift.
    • Gift Recipient shall then undergo the Gift Claiming Process. In the event the Gift Recipient submits a Revised Gift Request, the Gifter will receive email notification from 4Gift. Gifter will have the right to reject such Revised Gift Request within 24 hours of being notified by 4Gift provided that the Gifter emails 4Gift at help@4gifters.com within such timeframe.
    • Gifter acknowledges that in the event a Revised Gift Request relates to a different product of a higher value, Gift Recipient shall be responsible for paying any difference in the sales price and the entire Sales Tax due in respect of the Product that is selected by the Gift Recipient.
    • In the event that the applicable Sales Tax for the Product chosen by the Gift Recipient is less than the amount initially authorized to be charged to the Gifter by 4Gift, 4Gift shall only charge the actual Sales Tax value to Gifter.

    Lead Contributor; Contributors for Group Gifts

    • Products may also be gifted as group gifts, where, through the Service, the Lead Contributor will be prompted to submit a Gift Request and will be prompted to provide Gift Recipient’s name and email address.
    • Upon Product selection, the Lead Contributor can select up to 10 Contributors among which to divide payment for the Product. Lead Contributor can choose a date up to 15 days from the date of the Gift Request for 4Gift to send Gift Recipient notice of the gift. Lead Contributor can view the status of contributions in the Team Gift Dashboard of the Portal.
    • Upon submission of the Gift Request by Lead Contributor, 4Gift will notify the remaining Contributors that the Lead Contributor has chosen a Product as a gift for the benefit of a Gift Recipient and the remaining Contributors will be requested to provide payment information.
    • Upon receipt of valid payment information from each Contributor (including, where applicable, the Lead Contributor) an authorization hold will be placed on each Contributor’s (including, where applicable, the Lead Contributor’s) payment method for the amount of their respective contribution amounts and the estimated Sales Tax of 13% of each of their respective contribution amounts.
    • If the total amount required for the group gift is not provided by the date of the scheduled gift notification email to Gift Recipient, the Gift Request shall be canceled by 4Gift, and the hold will be released by 4Gift within 7-10 business days of the cancellation. If all Contributors do not provide payment for the requested amount, Lead Contributor may elect to make up the shortfall.
    • Once the total amount required for the group gift is provided, 4Gift will send Gift Recipient notice of the gift. Lead Contributor may cancel the Gift Request up until the date on which the gift notification is sent to Gift Recipient by 4Gift.
    • In the event the Gift Recipient submits a Revised Gift Request, the Lead Contributor will receive email notification from 4Gift. Lead Contributor will have the right to reject such change within 24 hours of being notified by 4Gift provided that the Lead Contributor emails 4Gift at help@4gifters.com within such timeframe.
    • The Lead Contributor and the Contributors acknowledge that in the event a Revised Gift Request relates to a different product of a higher value, Gift Recipient shall be responsible for paying any difference in the sales price and the entire Sales Tax due in respect of the Product that is selected by the Gift Recipient.
    • In the event that the applicable Sales Tax for the Product chosen by the Gift Recipient is less than the total amount initially authorized to be charged to all the Contributors, 4Gift shall only charge each Contributor for their respective share in the actual Sales Tax.

      2. Gift recipient
    • Upon receiving a gift notification email from 4Gift, the Gift Recipient will be prompted to access the Portal to complete the Gift Claiming Process within 30 days of receiving the email notification from 4Gift.
    • Gift Recipient must have a valid U.S. shipping address in order to be able to claim the gift.
    • Upon accessing the Portal, the Gift Recipient has a few different options to proceed. First, the Gift Recipient may accept the selected Product that the Gifter or Lead Contributor selected and confirm size, colour or variant of the selected Product.
    • Second, Gift Recipient may decline the acceptance of the Product that was selected by Gifter or Lead Contributor and either: (A) select a variation of the Product that was initially chosen by the Gifter or Lead Contributor (as applicable) (i.e. a different colour or size and such variation has the same sales price as the Product initially chosen by the Gifter or Lead Contributor (as applicable)); or (B) submit a Revised Gift Request by selecting a different Product that has the same sales price as the Product that was initially chosen by the Gifter or Lead Contributor (as applicable). In such circumstance, Gifter/Lead Contributor may reject the new selection within 24 hours and if not rejected, the Revised Gift Request will be deemed accepted. Gift Recipient will then be prompted to enter their shipping information, upon which 4Gift will calculate the actual Sales Tax due in respect of the accepted Product and charge the Gifter for the actual Sales Tax or Contributors for their respective share of the actual Sales Tax (as applicable).
    • Third, Gift Recipient may decline acceptance of the Product that has been chosen by the Gifter or Lead Contributor (as applicable) and submit a Revised Gift Request by selecting a different Product that has a higher sales price than the Product initially chosen by the Gifter or Lead Contributor (as relevant). In such circumstance, Gifter/Lead Contributor may reject the new selection within 24 hours and if not rejected, the Revised Gift Request will be deemed accepted.
    • Fourth, Gift Recipient may decline the gift completely, upon which the authorized payment holds will be canceled by 4Gift within 7-10 business days of the date of Gift Recipient declining the gift. If the Gift Recipient does not complete the Gift Claiming Process within 30 days of receiving the gift notification email from 4Gift, it will be treated as if Gift Recipient declined the gift completely and the authorized payment holds will be canceled by 4Gift within 7-10 days business days from the last day to complete the Gift Claiming Process. If Gift Recipient declines the gift, Gift Recipient will not receive cash value or any gift card in lieu of the gift.
    • If Gift Recipient chooses to submit a Revised Gift Request, Gift Recipient acknowledges that they may only choose a Product of equal or higher value. If the gift recipient chooses a Product of a higher value, Gift Recipient will need to pay for the difference in the sales price between the original Product selected as a gift by the Gifter or Lead Contributor (as applicable) and the final Product the Gift Recipient has chosen, as well as the entire Sales Tax for the final Product chosen by the Gift Recipient.
    • Gift Recipient agrees that Burberry is not involved and is not responsible for Gifter or Lead Contributor (as applicable) rejecting a Revised Gift Request.
    • Upon confirmation of final payment of any Sales Tax and the total sales price of the Product, Gift Recipient will receive a confirmation email from 4Gift which shall set out details of the Gift Order, including shipping details.
    • Gift Recipient acknowledges that the Products that are available through the Services may be more limited than products that are available through the Burberry website, Burberry stores, or any third party merchants selling Burberry products. Gift Recipient agrees that they may not be able to complete the Gift Claiming Process if Gift Recipient provides a shipping address of an entity or individual providing freight forwarding services or if the shipping address is not a valid shipping address or if the shipping address is outside of the United States

         3. No Guarantee of Gift Request Acceptance, Revised Gift Request or Gift Order Acceptance

    All information on the Service in relation to Products is an invitation to treat only and is not an offer or unilateral contract. Gifter, Lead Contributors, Contributors and Gift Recipients agree that no Gift Order is guaranteed to be accepted by Burberry and is subject to Product availability, acceptance by Burberry and complete payment for the Products by Gifter/Contributors (including Lead Contributor, where applicable)/Gift Recipients (in each case as applicable). Burberry may choose not to accept a Gift Order in its discretion for any reason without liability to Gifters, Contributors, Lead Contributors or Gift Recipients. Examples of when Burberry may not accept a Gift Order are as follows:

    • If Products are shown on the Portal but are not available or are incorrectly priced or otherwise incorrectly described;
    • If 4Gift is unable to obtain authorization of payment from Gifter, Contributors (including Lead Contributor, where applicable) or Gift Recipient (for Revised Gift Requests);
    • If shipping restrictions may apply to a Product.


      (D) RETURNS

      Returns for Gift Orders are subject to Burberry’s Returns Policy – please refer to the “Gift Returns” section. Please note we are unable to offer returns for pierced jewelry or offer exchanges for Gift Orders. We estimate that Gift Orders returned in accordance with Burberry’s Returns Policy will be refunded by 4Gift to the original method of payment within 7-10 working days.

      (E) PRICES

      1. All sales prices of Products made available through the Service are stated in United States Dollars and are the price for the Products only. They do not include any applicable Sales Tax payable. They do not include the charge for delivery. Find out more about delivery charges at Shipping Destinations, Costs and Delivery Times.
      2. We endeavor to ensure that all pricing information through the Service is correct. Occasionally, however, an error may occur, and Products may be mispriced. If a Product's correct sales price is lower than the sales price stated on the Service, subject to our right to refuse a Gift Order, we will charge the lower amount. If a Product's correct sales price is higher than the sales price stated on the Service, we will, at our discretion, contact Gifter, Lead Contributor or the Gift Recipient and ask the ordering party whether they wish to proceed with the Gift Order at the correct sales price or cancel the Gift Order and notify the ordering party of such cancellation. We will not be obliged to supply Products at an incorrect sales price. If 4Gift have taken an advance payment in circumstances where pricing information is incorrect, we shall endeavor for 4Gift to refund the payment taken as soon as possible if the Product has not been shipped by Burberry.
      3. Burberry may vary the prices of Products listed through the Service at any time and without any notice, but such changes will not apply to Products in respect of which the Gift Recipient has been sent a confirmation of their Gift Order.

      (F) USE OF SERVICE

      1. Gifters, Lead Contributors, Contributors and Gift Recipients agree that they will not use the Services or Portal to do any of the following:
      • violate any law or regulation;
      • violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
      • post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
      • send unsolicited or unauthorized advertising or commercial communications, such as spam;
      • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Service;
      • transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
      • stalk, harass, or harm another individual;
      • impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
      • use any means to scrape or crawl any web pages contained in the Service;
      • attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or Service;
      • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Service; or
      • advocate, encourage, or assist any third party in doing any of the foregoing.

      (G) TERMS

      1. The total cost of a requested Product will be the sales price for the Product, plus any delivery charges and applicable Sales Taxes. Find out more about Shipping Destinations, Costs and Delivery Times.
      2. Each Gifter, Contributor (including Lead Contributor) and Gift Recipient confirms that the credit/debit card or payment method that is being used is theirs and that all details provided to Burberry and 4Gift in respect thereof including, without limitation, name and address details are complete, correct and accurate. Each Gifter, Contributor (including Lead Contributor) and Gift Recipient further confirms that the credit/debit card/payment method is valid and the inputted payment details are correct. All customers are subject to validation checks and authorization by the card issuer/payment method provider. If the issuer of the applicable card/payment method refuses to authorize payment, 4Gift will not accept the request and neither 4Gift nor Burberry will be liable for any delay or non-delivery, and we are not obliged to inform you of the reason for the refusal.
      3. We are not responsible for any charges or other amounts which may be applied by the payor’s card issuer/payment method provider/bank as a result of our processing of payor’s payment in accordance with your order.
      4. If payor’s credit/debit card or payment method is not denominated in the currency of payor’s purchase indicated on the Portal, the final price may be charged in the currency of payor’s card or payment method. Such final price is calculated and charged by payor’s card issuer/payment method provider/bank and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of payor’s card issuer/payment method provider charging payor in a different currency other than the currency of payor’s purchase as displayed on the Portal.

      (H) PRIVACY

      1. When using the Service, Burberry collects, uses, stores and processes personal data in accordance with the Burberry Privacy Policy, which is incorporated herein by reference.
      2. Gifter, Lead Contributor, Contributors and Gift Recipient may be offered the option to register with us and will be required to complete certain required fields on the Portal. We may provide Gifters, Lead Contributors, Contributors and Gift Recipients with and/or ask such individuals to use identifications and passwords and other means to be able to access certain areas of the Service (“Secure Access”). Where we do so, it is on the condition that Gifters, Lead Contributors, Contributors and Gift Recipients shall be responsible for ensuring that such Secure Access is kept secure and confidential at all times. Gifters, Lead Contributors, Contributors and Gift Recipients shall comply with all security directions and/or recommendations given by us and inform us immediately if they become aware of or suspect any unauthorized use of the Secure Access or if the Secure Access becomes available to an unauthorized party. Without prejudice to our other rights and remedies, we may suspend access to the Service, if in our reasonable opinion, such action is necessary for safeguarding the Service.
      3. In the event prolonged inactivity causes connection to any of the Service to fail, Gifter’s, Lead Contributor’s or Gift Recipient’s selection of Products may be lost. In such case, they may be required to re-enter their selection. Before a Lead Contributor or Gifter submits a Gift Order, they will be given the opportunity to review their selection, check the total price and correct any input errors.
      4. Prices and delivery options may vary depending on the shipping destination.
      5. Variations in both the manufacturing processes we use and also the display properties of the computer hardware you use to view the Portal may mean that the colors, measurements, fabrics and designs of the Products displayed on the Portal and the Products received by Gift Recipient may differ in appearance in minor respects. We are not responsible for any such differences.

      (I) DELIVERY, TITLE AND RISK

      1. We are only able to deliver to a valid U.S. shipping address provided by the Gift Recipient in the Gift Order. We cannot be held responsible if that delivery address is incorrect or incomplete. Changes to the shipping address are not permitted once Gift Recipient has completed the Gift Claiming Process. Please note that we do not deliver to PO boxes. Please note that there are restrictions on the locations to which we deliver Products purchased through this Service. Details of the locations to which we deliver are available from us on request.
      2. Title in the Products comprising the Gift Order remain with Burberry until the Gift Claiming Process has been completed, at which point title to the Products comprising the Gift Order shall pass to the Gift Recipient.
      3. Risk of loss for the Products shall remain with Burberry until the Products are received by the Gift Recipient, at which point risk of loss in the Products comprising the Gift Order shall pass to the Gift Recipient.