Legal Terms

Terms of Use

Exclusion of Liability

While we have taken all reasonable steps to ensure the accuracy and completeness of the content of the website, we exclude any warranties, undertakings or representations (either express or implied) to the full extent permitted under applicable law, that the website or (including without limitation) all or any part of the content or materials, accuracy, availability or completeness of the content of the website or any part of the content or materials are appropriate or available for use in any jurisdiction where we provide our services.

If you use this website from other jurisdictions, you are responsible for compliance with your applicable local laws. The fact that information, products or services are shown on this site does not necessarily mean that:

  • You should rely on the information
  • The products and services that we provide are suitable for you
  • The products and/or services on this site are still available
  • The products available may not have changed

Links

In addition to Gibbons Store information on this website, there may be links to third party websites, the content of which is beyond the control of Gibbons Company. The inclusion of such links is not an endorsement in favour of any company offering any products or services on any linked website. Gibbons company will not be liable for any damage associated with relating to a linked third party website. 

Legal Notices and Privacy Statement

Our mailing address for complaints or comments is:

Gibbons Company Limited
Attention: Webstore 
P.O.Box HM 1194
Hamilton , Bermuda
HM EX

Phone: (441) 295-0022
Fax: (441) 295 1040
Email: webstore@Gibbons.bm

Visitors to the Gibbons Company Online web store are recognized by the domain name only. The domain name information is used only for internal statistical and archival purposes.
Any information provided by existing/prospective clients or other individuals, through the use of our submission forms or client support site, is not shared nor made available to any third parties unless required to do so by law.

Gibbons Company treats all information with complete confidentiality and it will not be shared outside of Gibbons Company without the prior written permission or as required by law.

Gibbons Company complies with all local regulatory and compliance requirements with respect to online credit card payments including the Bermuda Proceeds of Crime ("Know Your Customer") legislation, The Electronic Transactions Act (The ETA 2000) and The Standard for Electronic Transactions.

 

ELECTRONIC COMMUNICATIONS

When you visit the web site at http://www.gibbons.bm or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically and we will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and in accordance to The Electronic Transactions Act 1999.

Gibbons Company Limited will not be responsible for any electronic communications or purchase and/or gift receipts which are not received by consumers as a result of transmission errors or errors of third parties including but not limited to Internet Service Providers.

 

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of Gibbons Company Limited or its content suppliers and protected by Bermuda copyright laws. The compilation of all content on this site is the exclusive property of the Gibbons Group of companies and protected by Bermuda laws.

 

USER LICENSE AND SITE ACCESS

The Gibbons Group of Companies grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Gibbons Company Limited. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of consumer account information; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not use any meta tags or any other "hidden text" utilizing Gibbons Store name or trademarks without the express written consent of Gibbons Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Gibbons Store so long as the link does not portray Gibbons Group, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. Any unauthorized use terminates the permission or license granted by Gibbons Company. You may not use any Gibbons company or supplier, vendor or product logo or other proprietary graphic or trademark as part of the link without express written permission.

 

AMENDMENT AND CANCELLATION

We may amend or change the terms of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we reserve the right to implement such change without prior notice of any kind.

 

YOUR ACCOUNT

If you use this web site, you are responsible for maintaining the confidentiality of your personal account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Gibbons Company sells products to adults who can purchase with a credit card. If you are under 18, you may use the Gibbons Company Limited web store only with permission of a parent or guardian. Gibbons Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

Staff and registered holders of Gibbons Company Discount Cards are not eligible to receive the employee discount on online purchases at this time. All purchases will be made at the applicable posted price online.

 

PRIVACY AND CONSUMER DATA PROTECTION

We reserve the right to maintain the following Consumer Information on file about You once You register online at the Gibbons Company Limited web store:

(a) Information about online purchases or purchases made with the Gift Card, such as date of purchase, purchase amount and place of purchase;

(b) Information you provide to us when you purchase a product online at the Gibbons Company web store or apply for a Gift Card, or for replacement Gift Cards, or when you contact us with customer service issues, such as name, address and phone number.

(ii) Information security: Only those persons who need it to perform their job responsibilities are authorized to have access to Consumer Information. In addition, we maintain physical, electronic and procedural security measures that comply with local regulations to safeguard Consumer Information.

We may use authorised and registered Consumer Information to provide customer services, to process refunds, product exchanges and/or claims for lost or stolen Gift Cards, to develop marketing programs, and to help protect against fraud and to conduct research and analysis. In addition, it is often necessary for us to disclose Consumer Information for the same purposes to related companies that work with us. For example, we may provide certain Consumer Information to companies that perform business operations or services, including marketing services, on our behalf. We may also provide certain Consumer Information to others as permitted by law, such as government entities or other third parties in response to Court subpoenas.

 

INTERNATIONAL ORDERS

All website prices quoted are U.S. dollars and are settled in U.S. dollars.

 

YOUR LIABILITY FOR UNAUTHORISED TRANSACTIONS

  • GIBBONS STORE GIFT CARDS

Contact us at once if you believe your Gift Card has been lost or stolen. Call or write to us at the address or telephone number listed above. Telephoning is the best way to minimize your possible losses and recovery of the full remaining value of the Gift Card. You must have the purchase receipt containing the Gift Card Serial Number in your possession or order to receive any refund or replacement card.

  • CREDIT OR DEBIT CARDS

Contact us immediately by telephone if you believe your credit or debit card has been used fraudulently online at the Gibbons Company Limited web store. You will be asked to provide as much information as possible to the customer service representative with respect to the fraudulent transaction. This will assist Gibbons Company with tracing the transaction and the product delivery in order to bring charges against the fraudulent user of your credit or debit card. We will make every effort to refund you for the losses suffered or provide you with equal value store credit or Gift Card.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY GIBBONS COMPANY OR ITS AFFILIATES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GIBBONS COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GIBBONS COMPANY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GIBBONS COMPANY AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM GIBBONS COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GIBBONS COMPANY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

DISPUTES

All disputes with respect to products or charges to your credit card are to be completed in writing along with an original signature of the purchaser. Gift purchases are not eligible for dispute unless they are damaged upon receipt. Please review the Defective or Damaged Goods policy below.

In order to initiate a dispute you are required to first contact Gibbons Company Limited at the number listed above (295-0022) and discuss the nature of your compliant. If you are requested to return or exchange the merchandise by the customer service representative of Gibbons Company Limited you will need to complete the Returned Merchandise Form with complete details as to the nature of your dispute following the Refunds, Returns and Exchanges, policies below.

Merchandise will not be refunded nor accepted for exchange or return without a signed Returned Merchandise Form completed by the original purchaser of the product from the Gibbons web store. All products must be exchanged or returned to the Gibbons Company store to qualify for a refund or exchange.

Under no circumstances are ANY refunds provided for the original purchase in cash. Store credit or a Gibbons Company Gift Card will be provided in the event merchandise is returned to the store and a similar product is not available at the time of the exchange. If the item being returned was a gift from the Gibbons Store, you may exchange the product in accordance with the policies outlined in the Refunds, Returns and Exchanges section for an item of equal value but not for cash.

 

REFUNDS, RETURNS AND EXCHANGES

You can download the Returned Merchandise Form here

All merchandise or products returned to the Gibbons Store must be made in person, when the purchase is made locally, in Bermuda, or by return mail if purchased overseas, within 21 calendar days of the original purchase and must be accompanied by the original packaging in good condition, price tags and the original sales or gift receipt received when the product was ordered online. Any item with obvious signs of use will not be eligible for a refund or an exchange.

A completed and signed Returned Merchandise Form must accompany all returns in order to be eligible for a refund or store credit.

Please return merchandise or products to:

Webstore
Gibbons Company
21 Reid Street
Hamilton HM 11
Bermuda

Items that are purchased online at the Gibbons Store that were on sale at the time of the purchase (and which may no longer be in stock or on sale) may only be exchanged for the same product or for a product of equivalent value. All items purchased online at the Gibbons Store at a 75% discount are FINAL sales and are not eligible for refund, exchanges or return.

The Return Merchandise Form must be completed clearly and signed by the original purchaser of the product. You must provide proof of purchase including the electronic sales receipt or gift receipt as proof of purchase. In some cases you may be asked to provide the original credit or debit card used for the purchase in order to receive a full refund for the purchase price of the product. Shipping or delivery charges are non-refundable. No cash refunds will be given under any circumstances.

 

DEFECTIVE OR DAMAGED GOODS

Defective goods can be returned or exchanged for a full product refund provided the original packaging and sales or gift receipt are present. Items that have obvious sign of use are not eligible for refund or exchange. If the item is damaged when delivered to your residence you are entitled to exchange the product at the store for the same item or an item of similar value (less shipping charges). If an incorrect item is delivered, Gibbons Store will exchange the merchandise for the correct merchandise if available.

If the item is no longer available a full refund is provided to the credit or debit card used for the original purchase. Delivery charges will be refunded in circumstances where an incorrect product is shipped in error by the Gibbons Store.

JEWELRY RETURNS OR EXCHANGES

Jewelry can be returned for exchange or store credit based on the Returns policy outlined in this agreement. Pierced earrings or items that have obvious sign of wear are not eligible for refund or exchanges.

 

PERSONAL GIFT CARD PURCHASES

Gift cards can be purchased online by registered consumers only. All Gift Cards are issued in Bermuda Dollars and are considered to be equivalent to cash when used in the participating Gibbons Company and related stores.

The Gibbons Gift Card is a stored value card loaded with a specific amount of funds, redeemable to buy goods and services at the following Gibbons Company Limited participating stores:

  • 25 Reid
  • Nine West
  • MAC Cosmetics
  • Gibbons Company Limited

All Gift Cards will be distributed to authorised purchasers along with presentation of photo ID. Gift Cards purchases will be accompanied with a transaction sales receipt which you are required to maintain in case the Gift Card is damaged, lost or stolen. The sales receipt contains the serial number of the Gift Card and confirms that the purchase is valid.

 

CORPORATE GIFT CARD PURCHASES

Gift cards can be purchased online by registered corporate clients only. Corporations who wish to order Gibbons Gift Cards can do so by completing the Online Order Request Form located on this web site. A customer service representative will contact an authorised signatory of the Company who is ordering the Gift Cards to complete the Gift Card purchase order. All Gift Cards are issued in Bermuda Dollars. Corporate clients are eligible to order up to 100 Gift Cards for distribution to clients and valued customers. Maximum stored value load per Gift Card is $500. Should you wish to order more than 100 Gift Cards in a single order you will need to ensure your Corporate credit card has the authorised and available credit limit in which to complete the purchase transaction.

AUTHORISED USERS

Once you sign for receipt of the Gift Card you are wholly responsible for the use of each Gift Card according to the terms of this Agreement.

We may cancel or suspend your Gift Card or this Agreement at any time. You may cancel this Agreement by returning the Gift Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

You are not entitled to receive a refund for a Gift Card purchase made as a result of an Issuer chargeback performed against the original credit or debit card used to make the online Gift Card purchase unless there is evidence your credit or debit card has been used fraudulently by an unauthorised user. You agree to be bound by these policies for all online Gift Card orders.

 

PARTICIPATING STORES FOR GIFT CARD PURCHASES

The Gibbons Gift Card is a stored value card loaded with a specific amount of funds, redeemable to buy goods and services at the following Gibbons Company Limited participating stores:

  • 25 Reid
  • Nine West
  • MAC Cosmetics
  • Gibbons Company Limited

All Gift Cards will be distributed to authorised purchasers along with presentation of valid photo ID. Gift Cards purchases will be accompanied with a transaction sales receipt which you are required to maintain in case the Gift Card is damaged, lost or stolen. The sales receipt contains the serial number of the Gift Card and confirms that the purchase is valid.

 

Using Your Gibbons Store Gift Card

You may use your Gift Card to purchase goods or services wherever the Gift Card is honored in Bermuda at participating Gibbons Company Limited stores. The Gift Card cannot be used to exchange for cash.

For security reasons, Gibbons Company may limit the amount or number of transactions you can make on your Gift Card at any particular store location. You do not have the right to stop payment on any transaction made with your Gift Card even if the card is lost or stolen. Refunds will not be provided for purchases made on the Gift Card in the event the card is lost or stolen.

Each time you use your Gift Card, you authorize Gibbons Company to deduct the amount of the transaction from the balance of the funds associated with the Gift Card. If you attempt to use the Card when there is insufficient funds associated with it, the transaction will generally be declined. Nevertheless, if a transaction that exceeds the balance of the funds available on your Card occurs due to a systems malfunction or otherwise, you shall remain fully liable to Gibbons Company for the amount of the transaction and any applicable fees or charges.

If you wish to use your Gift Card for a purchase which is greater than the balance of the funds available on your Gift Card, you must tell the store to charge only the exact amount of funds available on the Gift Card to the card, and then you must arrange to pay the difference using another payment method or cash. The participating store may require payment for the difference in cash rather than accepting another card, such as a credit or debit card.

If you commence a purchase and then change your mind and fail to make the purchase after the merchant has already obtained an "authorization" for the transaction, the "authorization" may result in a temporary hold for that amount of funds for up to ten (10) days.

PAPER RECEIPTS FOR STORE PURCHASES

You will get a receipt at the time you make an in-store purchase transaction using your Gift Card. You agree to retain your receipt to verify your transactions. You may be asked to provide your receipts to satisfy disputes associated with Gift Card purchases.

 

GIBBONS COMPANY LIMITED LIABILITY FOR FAILED GIFT CARD TRANSACTIONS

Gibbons Company Limited will not be liable:

  1. If, through no fault of ours, you do not have enough funds available on your Gift Card to complete the purchase;
  2. If a participating store refuses to accept your Card whatever the reason;
  3. If an electronic cash register or terminal where you are making a transaction does not operate properly, or if the Gift Card system is not available at the time of your purchase;
  4. If access to your Gift Card has been blocked after you reported your card lost or stolen;
  5. If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken;

REPLACEMENT GIFT CARDS

If your Card is lost or stolen, there will be a fee of $15 to replace it. If the Gift Card is damaged, lost or stolen the serial number obtained on the purchase receipt is required in order to get a replacement card issued. There is no guarantee that a replacement card for the most recent outstanding stored value amount will be issued to you in the event the card is lost or stolen and you fail to immediately report it. No Gift Cards will be replaced without providing the original purchase or gift receipt containing the original serial number of the lost, stolen or damaged Gift Card. There will be NO exceptions to this policy.

 

GOVERNING LAWS

The terms of this online Agreement are governed and construed in accordance with the law of Bermuda.