Terms and Conditions
These General Terms and Conditions of Sale govern the sale of goods by us to you, the customer, via our website www.handmade-hamper.co.uk, which is operated by Handmade Hampers Ltd, and also by telephone, email or other means to our Customer Services team and will form the basis of the contract between us. Copies of these terms and conditions are available on request. Please read them carefully before placing your order and print a copy for future reference.
1. The Contract Between Us
1.1 When you place an order to purchase items using our website or by other means, this is an offer by you to us to purchase such items. By ordering you are providing details which are true, accurate, current and complete and that the payment details are correct and your own.
1.2 We will confirm receipt of your order by sending you an email summarising the details of your order (‘Order Confirmation E-mail’); this is the point at which we accept your order and the contract is formed (subject to these terms and conditions). The contract is completed when the goods are delivered (also subject to these terms and conditions).
2. Your Account
2.1 You may register with us when purchasing items using this website or by other means. For your website account, you are responsible for maintaining the confidentiality of your account username and password and for preventing unauthorised access to your account. You accept responsibility for all activities that occur under your account or password, please therefore take all necessary precautions to ensure that the username and password is kept confidential and secure. Please inform us immediately if you have any reason to believe that your username and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorised manner.
2.2 Please ensure the details you provide us with on registration are correct, complete and up to date. Inform us immediately of any changes to those details (e.g. change of email or postal address). You can access and update your details using the ‘Your Account’ area of the Website.
2.3 We reserve the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we do cancel an order, it will be without charge to you.
3. Product Description and Specifications
3.1 We have made every effort to ensure that the goods displayed on this website conform to the descriptions and photographs. The colours, specifications, dimensions and descriptions (including wine vintages, please note all images are for illustration purposes only) of items on the website and are quoted as accurately as possible. The colours you see will depend on the resolution of your monitor and we cannot therefore guarantee that your monitor’s display of any colour will always reflect accurately the colour of the item delivered. We reserve the right from time to time to vary the dimensions, specifications, descriptions and quantities of items displayed on our website without prior notice.
4.1 All orders for goods made by you on the website are subject to these Terms and Conditions. Handmade-Hamper.co.uk can only accept online purchases and not via the telephone.
4.2 Amendments: If you wish to amend an order you must notify us by phone or email as soon as possible and we will use our best efforts to make an amendment if at all possible provided the order has not already been despatched (i.e. on the day the order was placed except for next day deliveries which is immediate). We, however, make no guarantees that this can be done. We also reserve the right to cancel or amend your order before the goods are despatched if the goods are no longer in stock (see Substitution below).
5. Substitution Items
5.1 Handmade Hampers Ltd reserves the right to substitute an item of equal or greater value than the original item listed, or issue a refund for the product.
6.1 Products are invoiced in GBP sterling at the price prevailing at the time you place your order. Prices displayed on the website and in brochures include Value Added Tax where chargeable which will be applied at the current rate (we do not currently charge VAT on our products) Whilst we try and ensure all details, descriptions and prices are correct when appearing online, some products might be subject to slight variations. If, however, we discover an error in the price of items you have ordered, we will contact you as soon as possible. You will have the option of either reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled, as we are not obliged to honour such orders.
6.2 The delivery charge is an additional cost. Please refer to our Delivery Information for full details.
7.1 All payments for goods must be made when the order is placed. We will not reserve or despatch goods before payment is received.
7.2 Online orders are paid for by supplying your credit/debit card details on the secure online order form. Handmade Hampers Ltd operates the highest level of security, meaning your card details are not retained. Should we need to issue a refund due to a price change or item being out of stock we may need to re-contact you to obtain your card details.
8. Delivery of products to you
8.1 We will deliver the products ordered by you to the address you give us for delivery at the time you make your order. It is, however, your responsibility to provide us with accurate delivery address details. We will not check or verify addresses and messages supplied by you.
8.2 You will become the owner of the products you have ordered when they have been delivered to you. Once products have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
8.3 We will endeavour to deliver your hamper on the preferred date of your choice specified at the time of ordering. However this is not a guarantee. We rely on an external parcel delivery company – UKMail, to deliver our gifts and hampers so on occasion delivery may fall outside of the date requested. If we are aware of any problems with the delivery we will contact you immediately.
8.4 We are not able to guarantee morning delivery for our breakfast hampers on a standard delivery service. Please choose the AM options at checkout if you require an early delivery.
8.5 Due to the perishable nature of goods within our cheese and breakfast hampers, we are unable to offer a refund on these items. We do not delivery hampers contacting cheese on a Monday to keep the gift as fresh as possible.
8.6 We request you provide us a contact number for the recipient. This is for delivery purposes only. If the driver is unable to find the delivery property he may ring to confirm the directions or address.
8.7 We do offer an interactive delivery service. We automatically send details of the delivery to the ordering customers email address. If you wish to send this information to the recipient please advise so in the delivery notes box.
9. Privacy and Communications
9.2 To fulfil our obligations to you under these General Terms and Conditions we communicate with you by e-mail and by posting notices on the website. You agree to receive communications from us electronically and that this electronic communications will satisfy any legal requirement for communications in writing.
10. Age Restrictions
10.1 By law we cannot sell products containing alcohol to persons under the age of 18. Proof of ID may be requested. By placing an order with us it is confirmation that you are of legal age. It is illegal to buy restricted products if you are under age or for someone else who is under age.
10.2 Some of the items available for purchase from this website contain intoxicating liquor. When you place an order for an alcoholic product using this website, you confirm that you are aged 18 or over.
11. Gift Messages
11.1 A personal gift message can be included with all orders. Please note that ‘special’ characters, clip art images, emoticons, etc. are not recognised. Please decide on your message before placing an order as an amendment after the order has been placed may not be possible.
12. Food, Food Hampers and Gift boxes
12.1 Hampers and gift boxes are collections of food and non-food items packaged in containers such as wicker baskets or cardboard boxes. The hampers and gift boxes photographed contain only the items listed. This means some wine vintages may vary according to availability and props used in the photography are not included in the hampers unless stated in the hamper listing. In the event of supply difficulties, we reserve the right to make substitutions with items of equal or greater value. We may also at times show slightly different packaging in the hamper contents listing to that of the actual hamper contents.
12.2 Hampers containing fresh foods will be delivered on a 24 hour service which will keep the items in good condition up to the delivery time, you must therefore ensure that there is someone to accept these items as responsibility for the refrigeration thereon lies with the recipient.
12.3 Food, beverages and flowers are perishable and often have rapid expiry dates. Therefore food, beverages, hampers with food items and flowers are excluded from your statutory right to return purchases within the seven working day ‘cooling-off’ period.
13. Cancellations Prior to Despatch
13.1 If you wish to cancel your order prior to despatch, please contact our Customer Services on +44 (0)1642 285468. As we try to process orders immediately it may not always be possible to prevent an order from being despatched. If your order has already been despatched you may return the items to us in accordance with our ‘Returns Policy’.
14. Our Products and Nuts
14.1 We cannot guarantee they are free from nuts or nut traces.
15. Cancellation by us
15.1 We reserve the right to cancel the contract between us if:
15.1.1 We have insufficient stock to deliver the products you have ordered. If this is the case, we will contact you to advise of an availability date or to offer you a substitute product;
15.1.2 We do not deliver to your area; or
15.1.3 One or more of the products you ordered was listed at an incorrect price due to a typographical error.
15.2 If we do cancel your contract we will notify you by email and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
16.1 If the products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, or if you do not receive the products ordered, we shall have no liability to you other than as set out below.
16.2 If you notify a problem to us under this clause, our only obligation will be:
16.2.1 To make good any shortage or non-delivery;
16.2.2 To supply and deliver substitute products if your original choice cannot be delivered for any reason;
16.2.3 To replace any products that are damaged or defective; or
16.2.4 To refund to you the amount paid by you for the products in question in whatever way we choose.
16.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the products in question under clause 16.2.4 above.
16.5 Handmade Hampers Ltd, any other party (whether or not involved in creating, producing, maintaining or delivering this website), and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this website in any way or in connection with the use, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website.
16.6 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase products from our site. The importation or exportation of certain products to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the products you purchase.
16.7 Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
17. Intellectual Property
17.1 The content of this website is protected by copyright, trademarks, database right and other intellectual property rights. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on this website without written permission from a representative of Handmade Hampers Ltd.
18. Your Use of this Website
18.1 You may not use this website for any of the following purposes:
18.1.1 Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or otherwise breaching any laws;
18.1.2 Transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or codes of practice;
18.1.3 Interfering with any other person’s use or enjoyment of the website; or
18.1.4 Making, transmitting or storing electronic copies of materials protected by copyright or other intellectual property right without the proper permission.
18.2 You will be responsible for our losses and costs resulting from your breach of clause 17.
19. Force Majeure
We shall have no liability to you for any failure to deliver products you have ordered or any delay in doing so or for any damage or defect to products delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation to, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
21. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
22. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
23. Entire Agreement