Brilliant offers a variety of gifts that can be purchased from third party vendors on an “on demand” basis (“On Demand Gifts” or “Gifts”)through the Brilliant Platform. Should you choose to purchase On Demand Gifts, these terms will apply in combination with our Terms of Service (“Terms”) and form part of the Agreement between you and Brilliant.
We may supplement or amend these Terms from time to time.You will be subject to the version of the Terms in force at the time you place your Gift Order (defined below). You are responsible for reviewing the then-current version of these Terms prior to placing any Gift Order. If you do not agree with any change, then you must not place additional Gift Orders.
Gifts include products, services, experiences, events, charitable donations and any other tangible or intangible gifts which Vendors may offer and for which you can place an order.
Brilliant will provide you with access to the Brilliant Platform and the ability to place Gift Orders (defined below) to purchase Gifts for distribution to your Gift Recipients (defined below) from third party vendors and related services specified herein (together, the “On Demand Services” or “Services”).
We provide the Services on an “as is”, “where-is” and “as available” basis. Without limiting the generality of the foregoing, we do not warrant, represent nor undertake that the Services or Platform will: (a) be uninterrupted, secure, free of errors, omissions, defects, software viruses or other bugs; (b) be compatible with your IT environment; (c) not be subject to hacking or other attacks and/or failures of, software, data and/or transmission networks; or (d) that the Services will meet your requirements.
Although Brilliant performs the Services, all Gifts displayed on the Platform are offered by the third party vendor(s) (“Vendors”). Accordingly, you acknowledge and agree that Brilliant is acting solely as a sales agent or representative for the Vendor(s) in relation to the sale of Gift(s) by Vendor(s) to you and that any contract for the purchase of a Gift via the Platform (each a “Gift Contract”, incorporating any information that may be set out in an email to you confirming the Vendor’s acceptance of your Gift Order and these terms and conditions) is a contract entered into between you and the applicable Vendor as principal. Without limiting the generality of the foregoing, you acknowledge and agree that Brilliant is not a party to any Gift Contract and shall have no liability under or in relation to any Gift Contract.
Each Gift Order you place shall be deemed to be an offer by you to purchase the Gifts from the relevant Vendor on the terms and conditions of this Agreement. No Gift Order shall be deemed to be accepted by the Vendor (or by us as agent for the Vendor) until we as the sales agent or representative for the Vendor have advised you that such Gift Order is accepted (by such means as issuing to you an invoice, tracking number or other confirmatory communication).
While the Vendor(s) will use reasonable efforts to fulfill any Gift Order properly submitted via the Platform, neither we nor any Vendor can guarantee the availability of Gifts or the delivery of Gifts at a particular time and/or to any requested location. We reserve the right to offer the Gift Recipient substitute gifts up to the price set out in the Gift Order when the chosen Gifts are not available, delivery of the requested Gift is not reasonably available to the location of the Gift Recipient or when you or the Gift Recipient have requested a change to the Gift Order after it is placed via the Platform.
The price, and any associated shipping and delivery charges (“Shipping Fees”) for each Gift are noted on the Platform’s product information page (“Gift Price”), and shipping and delivery charges may also be shown to you within the “check out” area of the Storefront interface (Gift Price and Shipping Fees shall hereinafter be collectively referred to as “Gift Cost”). The Gift Cost is (a) exclusive of US sales tax and/or VAT (or any equivalent sales tax which may be applicable) and (b) exclusive of other taxes, levies, and costs, including insurance and packaging.
In exceptional cases, you acknowledge and agree that the Gift Cost charged to you may vary including as a result of: (a) any mispriced Gifts; (b) any variation in delivery charges based on your location; (c) variations in VAT, sales or use tax and/or imposition of import duties when a Gift Recipient is located in a jurisdiction different to Vendor or Customer, and (d) pricing variations due to the availability of third party vendors.
In compliance with various marketplace facilitator statutes enacted by various states within the United States, Brilliant may be deemed to be acting as a “marketplace facilitator” as it pertains to online seller transactions on the Platform. As applicable, Brilliant may be a registered sales tax vendor (or the equivalent) in various states, territories and countries. Further, when applicable, Brilliant may be required to calculate, collect and remit sales tax and/or VAT.
Where the Gifts ordered include alcoholic beverages and you and/or Gift Recipient are based in the United States of America, the following provisions shall apply for the purposes of US alcohol laws:
We are a platform used by various Vendors who are licensed, where required by U.S. law, to sell alcohol on our Platform. We provide a platform that allows you to purchase the value of a Gift of alcohol for your Gift Recipient that may be redeemed at Vendor’s sole discretion in compliance with applicable alcohol laws.
We do not package, ship, sell or otherwise fulfil orders for alcoholic beverages in the United States. The Vendor fulfilling the Gift Order is solely responsible for the sale and fulfilment of alcoholic beverages purchased using our Platform.
The submission of any gift fulfilment request of alcohol on our Platform does not create a contract between us, You and/or the Gift Recipient. No Vendor will be obligated to fulfil any Gift Order for alcohol until such Vendor has confirmed and accepted the Gift Recipient’s redeemed Gift Order. Vendors using our Platform reserve the right to limit or change the available quantity of or discontinue any alcohol Gift.
Your funds are processed in compliance with U.S. alcohol laws, including ensuring Vendor has required control of the funds until the transaction is completed.
Where possible, we recommend providing a business or commercial address for the shipping address. If Vendor accepts and processes the Gift Recipient’s redeemed Gift Order, most state alcohol laws in the United States will require that a person over the legal drinking age of 21 sign for receipt of the package.
Once Vendor fulfils an order, it may be difficult to make any changes or modifications to the delivery process. If a Gift cannot be delivered to the address provided during the gift redemption process, additional fees may apply for either redelivery attempts and/or returning the alcohol shipment to the Supplier. It is the responsibility of the Vendor and Gift Recipient to obey all applicable local, state and federal laws regarding the possession, use and sale of alcoholic products fulfilled using our Platform.
By placing an alcoholic Gift Order in the US, all parties represent that they are using the Platform in a lawful manner.
Where the Gifts ordered include alcoholic beverages and You and/or Gift Recipient are based in Ireland or the UK, the following provisions apply:
You confirm and warrant to Vendor and Brilliant that You and the Gift Recipient are of legal age to purchase and consume alcohol;
You acknowledge that the Gift Recipient may be required to produce official age verification documents prior to delivery being completed and if such documentation is not provided the Vendor (or its delivery agent on behalf of the Vendor) reserves the right to refuse to deliver the applicable alcohol gift and to cancel the Gift Order (in whole or solely in respect of the alcohol Gifts (as applicable));
You acknowledge that the Vendor and its delivery agents reserve the right not to deliver alcohol Gifts to an unattended premises, or to a premises where there is only a person below the legal age for purchase of alcohol;
You acknowledge that laws relating to the permitted hours of selling or delivering alcohol may restrict the time of day or days on which Gift Orders for alcohol can be accepted or confirmed by Vendor, or delivery completed by Vendor or its delivery agents; and
The Vendor reserves the right in its sole discretion to refuse to accept Gift Orders or to cancel Gift Orders for alcohol where the Vendor or its delivery agent has any reason to suspect that the sale or delivery of alcohol or any particular quantity of alcohol or to any particular Gift Recipient would be in breach of laws relating to the sale of alcohol.
