Terms & Conditions
Effective Date: July 8, 2019
Site Covered: www.shoploveisland.com
Please read these Terms and Conditions carefully, as they affect Your legal rights. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon Your first use of the Store. If You do not agree to be bound by these Terms and Conditions, You should stop using the Store immediately.
We amend these Terms and Conditions from time to time, as set out below. Every time You wish to order a product via the Store, please check these Terms and Conditions to ensure that You understand the Terms and Conditions which will apply at that time. se Terms and Conditions Were last updated on July 8, 2019.
“Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
“User” means any third party that accesses the Store and is not either (i) employed by Seller and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Seller and accessing the Store in connection with the provision of such services. Users may also be referred to as “You”, “Your” etc.;
“Store” means the website (shoploveisland.com) and any mobile applications (from time to time), operated by Gander Group or ITV Studios, which provide access to view and purchase products related to the show Love Island.
“Seller “means Bangarang Enterprises, LLC dba Gander Group. Seller may also be referred to as “Us”, “We”, “Our” etc. Seller is the official licensed seller of shoploveisland.com products in the United States and Canada.
“Program” means the television Program “Love Island” produced by ITV Studios Ltd. a company incorporated in England and Wales (no. 03106525) whose registered office is at 2 Waterhouse Square, 138-142 Holborn, London, EC1N 2AE.
“Love Island Apps” means the iOS and Android apps published by ITV on the Apple App Store and Google Play Store, and distributed free of charge.
TERMS AND CONDITIONS OF SALE
- By placing an order, You are offering to purchase a product on and subject to the following Terms and Conditions. All orders are subject to availability and confirmation of the order price.
- In order to contract with Seller, You must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to Us. We reserve the right to refuse any Request from You if We have reason to believe these conditions are not met.
- When You place an order, You will receive an acknowledgement e-mail confirming receipt of Your order. This email will only be an acknowledgement and will not constitute acceptance of Your order. A contract between us for the purchase of the products will not be formed until Your payment has been approved by us and We have debited Your credit or debit card. We will confirm this by sending You an e-mail confirmation.
- If We are unable to supply You with a product for any reason (for example, it is out of stock), We will inform You of this by e-mail and will not process Your order. If You have already paid for the product, We will refund You the full amount including any delivery costs charged as soon as possible.
- While We try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. Please note that products may vary from the images displayed on the Store, which are for illustrative purposes only. Different devices display colors differently, and so the color of the products You order may vary from the images You see on the screen, although We have made every effort to ensure that colors are displayed accurately.
- If We discover an error in the price of any products which You have ordered, We will inform You of this as soon as possible and give You the option of reconfirming Your order at the correct price or cancelling it. If We are unable to contact You, We will treat the order as cancelled. If You cancel and You have already paid for the products, You will receive a full refund.
- Delivery costs will be charged; such additional charges are clearly stated where applicable and included in the ‘Total Cost’.
- Please see our Delivery & Returns page for details of delivery options.
- We will contact You with an estimated delivery date. Delivery times may vary according to availability. Any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or events Outside of Our Control for which We will not be responsible.
- Delivery shall be completed when We deliver the products to the address You gave us. You will become responsible for the products at the time of that delivery. We will not be responsible in the event that You provide us with an incorrect delivery address.
- You will be responsible for payment of any taxes and delivery charges.
- You must comply with all applicable laws and regulations of the country for which the products are destined or in which they are used. We will not be responsible or liable if You break any such law.
- Except as set forth herein, all orders are eligible for a full refund (not including initial delivery charge) if returned within 30 days of the date You purchased the products. The following, may not be refunded or exchanged:
- products made to your specification; or
- personalized products; or
- products which, by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly
- where sealed goods have been supplied and the products have been unsealed.
- Please contact us here in order to return Your products(s). Returns are by mail and at Your expense. Please keep Your proof of postage to confirm that items have been sent back within the return period.
- Products that are normally not subject to full refund, may be eligible f they are faulty or damaged upon delivery. We will require photographic or video evidence prior to issuing a refund or replacement for faulty or damaged goods.
- Please contact us here to send an image of the damage and We will process a refund or replacement for You.
- For damaged/faulty products, our Returns Policy is as follows:
- If You request a refund/exchange within 30 days of receiving the product, We will either send You a replacement, or refund Your payment, depending on Your preference. However, if no replacement is available, We will only refund your payment.
- Refunds may take up to 10 working days from the date We issue them until they appear in Your account.
- We are permitted by law to reduce Your refund to reflect any reduction in the value of the product, if this has been caused by Your handling.
- We will refund You the delivery cost for faulty goods that were damaged prior to delivery;
INTELLECTUAL PROPERTY AND ACCEPTABLE USE
- All Content included on the Store, unless uploaded by Users, is the property of Gander Group or ITV Studios. In these Terms and Conditions, “Content” means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Store, including any such content uploaded by Users.
- By continuing to use the Store You acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this Store shall be construed as granting any license or right to use any trademark, logo or service mark displayed on the Store without the owner's prior written permission.
- You may, for Your own personal, non-commercial use only, retrieve, display and view the Content on a device screen. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Seller.
- You may not use the Store for any of the following purposes:
- in any way which causes, or may cause, damage to the Store or interferes with any other person's use or enjoyment of the Store;
- sell, rent, or sub-license material from the Store or exploit material from the Store for a commercial purpose;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
- Use of the Store may be subject to additional Terms and Conditions and conditions which will be notified to You before You begin using them.
- We reserve the right to restrict access to areas of our Store, or indeed our whole Website, at our discretion; You must not circumvent or bypass, or attempt to bypass or circumvent, any access restriction measures on our Store.
PRIVACY AND COOKIES POLICY
Use of the Store is also governed by our Privacy and Cookies Policy, which are incorporated into these Terms and Conditions by this reference. To view the Privacy and Cookies Policy, please refer to www.shoploveisland.com
AVAILABILITY OF THE STORE AND DISCLAIMERS
- Any online facilities, tools, services or information that Seller (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by law, We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and/or satisfactory quality.
- Seller is under no obligation to update information on the Store.
- The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that You may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment Terms and Conditions, or return policies.
- While Seller uses reasonable endeavors to ensure that the Store is secure and free of errors, viruses and other malware, We give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
- Seller accepts no liability for any disruption or non-availability of the Store.
- Seller reserves the right to alter, suspend or discontinue any part (or the whole of) the Store including, but not limited to, any products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Store unless it is expressly stated otherwise.
LIMITATION OF LIABILITY
- We provide and maintain the Store on an “as is” basis and will only be liable to provide the Services and products with reasonable skill and care.
- We give no other warranty in connection with the Store or its content or any external sites (from time to time), and to the maximum extent permitted by law, We exclude liability for:
- any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not that loss arises out of something of which We have been made aware;
- the accuracy, currency or validity of information and material contained within any User generated content on the Store;
- any interruptions to or delays in updating the Store;
- any incorrect or inaccurate information on the Store;
- the infringement by any other person of any copyright or other intellectual property rights of any third party through any User content or use of the Store;
- the availability, quality, content or nature of external sites;
- any transaction taking place on external sites;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a User's computer equipment, software, data or other property caused by any other person accessing, using or downloading the Website or any part of it, or any User content; and
- all representations, warranties, conditions and other Terms and Conditions and conditions which but for this notice would have effect including without limitation any implied warranty of satisfactory quality or fitness for purpose.
- Nothing in these Terms and Conditions will: (a) limit or exclude Our or Your liability for death or personal injury resulting from Our or Your negligence, as applicable; (b) limit or exclude Our or Your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of Our or Your liabilities in any way that is not permitted under applicable law.
- We will not be liable to You in respect of any losses arising out of Events Outside Our Control.
- To the maximum extent permitted by law, Seller accepts no liability for any of the following:
- any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- loss or corruption of any data, database or software;
- any special, indirect or consequential loss or damage.
- We do not warrant that the operation of the Store will be uninterrupted or error free.
- Except as provided herein, there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those Terms and Conditions and conditions are hereby excluded to the maximum extent permitted by law.
- Seller’s total aggregate liability in respect of these Terms and Conditions is limited to the amount paid by the User to Seller within 12 months prior to the claim.
- You may not transfer any of Your rights under these Terms and Conditions to any other person. We may transfer Our rights under these Terms and Conditions where We reasonably believe Your rights will not be affected.
- These Terms and Conditions may be varied by us from time to time. Such revised Terms and Conditions will apply to the Store from the date of publication. Users should check the Terms and Conditions regularly to ensure familiarity with the then current version.
- These Terms and Conditions together with the Privacy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the Terms and Conditions and conditions.
- If any court or competent authority finds that any provision of these Terms and Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms and Conditions will not be affected.
- Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
- These Terms and Conditions will be governed by and interpreted according to the laws of the State of California, U.S.A.
- Seller’s principal place of business is located at Bangarang Enterprises, Inc. dba Gander Group 2183 Fairview Rd. Costa Mesa, CA, U.S.A. 92627.
- You can contact Seller here
© 2019 GANDER GROUP. All trademarks are the property of the relevant owners. All rights reserved.