Terms and conditions
Thank you for using Cult Rhea. By using this website, you agree to these terms and conditions.
These terms and conditions constitute a binding relationship between you as a website ‘User’, a ‘Gift Buyer’ or ‘List Holder’, as the case may be, and us, Cult Rhea Limited, a limited liability company registered under the laws of Malta with registration number C 95920 having its registered address at 10, Narcisa, Triq ta’ Stronka, Madliena, Swieqi, SWQ 1522 (‘Cult Rhea’).
1. The Basics
1.1. When we say ‘we’, ‘us’, ‘our’ we are referring to Cult Rhea. When we say ‘our website’, ‘the website’ or ‘this website’ we mean www.cultrhea.com
1.2. Our website enables people, the List Holders, to set-up a list of gifts (“Gift List”) to be gifted to them by other persons, the Gift Buyer, for a particular event (the “Event”). In order to do so, Users must first create an account on our website.
1.3. As a website user, you may fall in one or more of the following categories of users:
1.3.1. ‘User’ – When you merely browse through our website without creating an account, we refer to you as ‘User’.
1.3.2. ‘Gift Buyer’ – When you use the website to purchase gifts for List Holders, we refer to you as ‘Gift Buyer’ and Section 4 of these terms and conditions will particularly apply to you (in addition to other applicable sections).
1.3.3. ‘List Holder’ – When you use the website to create ‘Gift Lists’ and receive gifts from Gift Buyers, we refer to you as ‘List Holders’ and Section 5 of these terms and conditions will particularly apply to you (in addition to other applicable sections).
1.4. ‘Gift Lists’ are wish lists put together by List Holders. Approved Gift Lists are published on the website six to eight weeks prior to the date of the event, allowing Users and Gift Buyers to view them and Gift Buyers to select one or more gifts and purchasing them as gifts to List Holders.
1.5. This Gift List service is provided to the List Holders free of charge.
1.6. Gift Lists may include a ‘Honeymoon Fund’ for honeymoons booked exclusively with Compass Travel. The value of any taxes on the booking, cannot be funded through the Honeymoon Fund. In any case, the total value of the Honeymoon Fund, shall not exceed the value of the List Holders travel plans (less any taxes)– as confirmed by Compass Travel. Should the List Holder wish to opt for a Honeymoon Fund whose value exceeds the value of their travel plans with Compass Travel, the excess will be given in the form of ‘vouchers’ from Compass Travel, but never in cash from Cult Rhea.
1.7. When we say ‘Account’ we mean the account and connected profile that you as a Gift Buyer and/or List Holder may create on our website.
2. Applicability of these Terms and Conditions
2.1. These terms and conditions may change from time to time. Please visit this page frequently to keep up to date with any changes to these terms and conditions. These terms and conditions will be shown to you when you register for an Account with our website.
2.2. Please note that these terms and conditions will continue to apply and will continue to regulate our contractual relationship, including the provision of all services this website has to offer. Therefore, if you do not wish to be bound by these terms and conditions, please refrain from using this website at all and close your Account immediately.
3.1. In order to be able to create an Account, you must:
3.1.1. Be at least eighteen (18) years old and be able to enter into contracts;
3.1.2. Complete the Account registration process;
3.1.3. Agree to these terms and conditions;
3.1.4. Provide true, complete, and up-to-date contact and billing information.
3.2. By creating and using an Account, you represent and warrant that you meet all the requirements listed above and that you won’t use the Account in a way that violates any laws or regulations.
3.3. We reserve the right to suspend or terminate your account should we have reason to believe that any of the abovementioned requirements are no longer fulfilled.
3.4. If we note that your Account is inactive for a long period, we may suspend or terminate your Account without prior notice.
3.5. We reserve the right to suspend or terminate your Account for any other reason we may deem fit, including if you breach these terms and conditions.
3.6. Once your Account is terminated for whatever reason, you acknowledge and agree that we may permanently delete your account and all data associated with it (unless we are entitled or required to retain such data after closing or terminating your Account).
3.7. You are responsible for keeping your Account login credentials safe. You acknowledge and agree that we may not be held responsible should you lose or fail to keep your Account login credentials safe and this results in an inability to access your Account. Please note that if you lose your Account login credentials, or if your Account is accessed by third-parties without authorization, it might not be possible for us to restore your Account and we may need to delete your Account forever to protect the integrity of the website and other Accounts.
3.8. We do not know the nature of your personal relationships. As such, you acknowledge and agree that you will resolve any account-related disputes directly with the other party or parties. Without prejudice to our right to determine who owns the account based on a number of factors (for example, the contact and profile information listed for that account), we may nevertheless ask you to resolve the matter through proper channels outside of the website.
4. Gift Buyers
4.1. When you use the website and an Account as a Gift Buyer, you will be able to see other List Holder’s Gift Lists and purchase any of the items listed as a gift for the List Holder in question.
4.2. You hereby acknowledge and agree that when you purchase an item through our website as a Gift Buyer and the purchase is confirmed, you shall immediately, and without need for any further formality, irrevocably and gratuitously transfer the item so purchased to the List Holder, such that the title of ownership over the item so purchased shall be immediately transferred to the List Holder.
4.3. You acknowledge that when you use the website and the Account as a Gift Buyer to purchase gifts for Gift Holders, you do so in your capacity as customer of the third-party vendor offering the item you select for purchase. You understand that we are not vendors and we do not sell, directly or indirectly, any of the items listed on List Holder’s Gift Lists. Therefore, in this respect, your counterparty in the contract of sale of the selected item is the third-party vendor offering the item for sale.
4.4. The price of items shown for sale on a Gift List shall include, where applicable, value added tax, charges for delivering the item to the List Holder and our fees, if any.
4.5. Once an item is selected from a Gift List, you will be re-directed to a checkout window and you will be asked to provide your payment details and to pay for the price of the item selected. A purchase will not go through unless payment is made by means of a credit card when prompted. Payment for the selected item is received by us and we will settle the amount directly with the vendor offering the item for sale. You will receive an order confirmation via email once the purchase is confirmed.
4.6. Once your order is confirmed, the item purchased is immediately transferred to the List Holders and any issues with product availability or other post-purchase issues will be dealt between the List Holders and us.
5. List Holders
5.1. When you use the website and an Account as a List Holder, you will be able to compile Gift Lists and receive gifts from Gift Buyers.
5.2. You hereby acknowledge and agree that when a purchase is made by a Gift Buyer, you shall immediately, and without need for any further formality, accept the item purchased by the Gift Buyer as a gift to you, such that once the purchase of an item purchased by a Gift Buyer is confirmed, you shall immediately become the owner of the item so purchased.
5.3. You acknowledge that when you become the owner of an item purchased for you by a Gift Buyer as aforesaid, your claim and right to have the item delivered to you lies against the vendor who would have offered the item for sale. You understand that we are not vendors and we do not sell, directly or indirectly, any of the items listed on Gift Lists, therefore (and unless we specifically commit ourselves to do so), we are unable to deliver an item purchased for you by a Gift Buyer. You acknowledge and understand that with respect to any right or claim concerning the item you should receive, the direct counterparty in the contract of sale of the item purchased for you by a Gift Buyer is the third-party vendor who would have offered the item for sale.
5.4. You understand that certain items on your Gift List purchased for you by Gift Buyers may be unavailable from time to time. In such case, you will be given credit equivalent to the value of the item actually paid for by the Gift Buyer to be used at any of our vendors’ stores. We will inform you if any of the items chosen is a ‘Special Item’. Special items are specifically ordered for the List Holder after the Event, therefore, delivery times take longer than other items.
5.5. You hereby acknowledge and accept that we shall not be responsible for a vendor’s failure to deliver the item purchased for you by a Gift Buyer in time or at all, and you expressly agree that any claim in this respect shall be directed towards the vendor under an obligation to deliver the item in question.
5.6. As owner of items purchased for you by Gift Buyers, you may qualify for the protections afforded by law to you as ‘consumer’, including legal warranties. You hereby expressly agree that any right or claim you may have as consumer with respect to the item so purchased shall be exercised or directed towards the vendor who would have offered the item for sale.
5.7. As a consumer, all items sold by third-party vendors through our website should be covered by the relevant statutory warranties valid. These warranties entitle you to ask the vendor to repair or replace any of the items free of charge if these are found to be defective. This notwithstanding, you agree that since this website merely facilitates transactions between Gift Buyers, vendors and List Holders, we cannot guarantee the third-party vendors compliance with standard consumer regulations.
6. Limitations and Exclusion of Liability
6.1. While we endeavour to ensure that all the information we provide on this website is correct, we do not accept liability for any error and omission and reserve the right to change any of the information exhibited thereon.
6.2. We shall not be liable for any losses arising out of any event or events beyond our reasonable control. For the purpose of this specific clause, the term ‘beyond our reasonable control’ shall include third-party vendor’s failure to fulfil their obligations towards Gift Buyers and/or List Holders.
6.3. In any case, and without prejudice to the foregoing, our aggregate liability to you in respect of any liability whatsoever arising out of the use of this website shall not exceed the greater of the total price paid for the item that would have caused the claim for liability.
7. Acceptable Use of this Website
7.1. In making use of this website, including any Account you may hold with this website, you agree that you shall not:
7.1.1. Use misleading or incorrect names, addresses, email addresses;
7.1.2. Share your Account login credentials;
7.1.3. Decipher, decompile, disassemble or reverse engineer any of the website and its underlying software and/or code;
7.1.4. Set up multiple Accounts for any person who has already registered for an Account;
7.1.5. Upload any content, data, or imagery promotes or incites harm towards others, or that promotes discrimination, hate or harassment.
8. Miscellaneous Provisions
8.1. The waiver of any part of these terms and conditions shall not be construed as waiver of any other breach of that part.
8.2. If any term or provision of these terms and conditions are deemed to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect the other terms and conditions.
8.3. These terms and conditions shall be construed in accordance with the laws of Malta.
8.4. All disputes arising from the use of this website or these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of Malta.