- Definitions
- "The Firm" shall mean Think Occasions.
- "The Customer" shall mean the person or persons entering into this agreement with the Firm.
- "The Anniversary" shall mean the anniversary or anniversaries of a particular date or dates of which the Customer wishes to be reminded.
- "The Pack" shall mean the initial pack sent to the customer detailing the services and fees offered by the firm or the information featured within The Firms web site.
- "The Reminder Service Fee" shall mean the required fee payable by the Customer to the Firm for the Firm's reminder service in accordance with this agreement.
- "A Gift" shall mean a chosen item, service or product purchased or obtained by the Firm for the Customer in accordance with his explicit instructions.
- The Firm and the Customer agree that in this agreement the singular includes the plural and the masculine includes the feminine and the neuter and vice versa.
- Payment of The Reminder Service Fee
- Payment of the Reminder Service Fee shall be made by the Customer in advance and in accordance with the requirements detailed in the Pack.
- All Customer information obtained by the Firm shall be held on computer and will be subject to the Data Protection Act 1984.
Purchase and Payment of Gifts
All chosen Gifts shall be purchased by the Firm upon receipt of cleared funds from the Customer including the Firm's fee and any delivery charges as specified in the Pack.
Risk of damage or the loss of the chosen Gift shall pass to the Customer upon delivery of the chosen Gift.
If for whatever reason the Customer wishes to return the chosen Gift a refund shall only be given to the Customer at the discretion of the Firm.
The Firm gives no warranty that the chosen Gift(s) supplied are fit for any particular purpose and the Customer having greater knowledge of his own requirements, relies entirely on his own skill and judgement in evaluating the suitability of the chosen Gift(s) for his purpose.
- Reminder and Gift Service in General
- The Customer may within 14 days of a particular Anniversary alter or amend the date of that Anniversary by informing the Firm in writing of his request.
- The Customer may within 14 days of an Anniversary cancel his subscription by forwarding to the Firm written notice of his intention to cancel.
- The Firm accepts no liability for any loss suffered by the Customer if for reasons outside the control of the Firm the Customer does not receive a reminder from the Firm of the Anniversary or fails to receive a chosen Gift on or before an Anniversary.
- The Firm shall produce a copy of the logged telephone calls made to the Customer if the Customer makes a written request for them.
Payment For The Supply of Gift Ideas
Subject to receiving payment in accordance with clause 5.2 below the Firm shall if so requested by the Customer provide ideas for possible Gifts.
The Customer shall pay to the Firm a fee for this service at the Firm's discretion.
Payments in General
All payments shall be made by methods as specified in the Pack.
Payment details will not be accepted via the Firm's e-mail address.
The Firm's fees detailed in the Pack are subject to annual revision and may be increased at the discretion of the Firm.
If the Firm through the negligence of its employees fail to notify the Customer of an Anniversary in accordance with its obligations under this agreement the Firm shall return the Customer's full Reminder Service Fee paid by him in accordance with the Pack. In addition compensation for loss of enjoyment or inconvenience may be awarded at the discretion of the Firm.
Employees
No employee servant or agent of the Firm has authority to make any statement or representation as to the suitability or quality of any Gift(s) supplied under this agreement.
No employee of the Firm has the authority to vary the terms of this agreement in any way.
Indemnity
The Customer agrees to indemnity the Firm against any damages, losses, claims or expenses incurred by the Firm in respect of any claim brought against the Firm by a third party for any loss, injury or damage wholly or partly caused by the chosen Gift(s) or it's use.
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