In using this Website and the purchase of any products you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions: “Client”, “You” and “Your” refers to you, the person accessing this Website and accepting these Terms and Conditions (Conditions). “The Company”, “Ourselves”, “We” and “Us”, refers to My Gift Hampers, Sanbrands Limited. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. “Product” means a product displayed for sale on the Website. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
1. Basis of the sale and orders
1.1 We reserve the right to reject any order. Unless otherwise agreed in writing each such sale of Goods will be subject to these terms and conditions. Should your order contain food, drink or consumable Goods, such as in the contents of a fruit or food hamper, then we may from time to time change the contents slightly depending on current stock levels, and dependant on the season and availability of certain fruit. Any substitutions of this kind will happen automatically, without notice.
1.2 Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.
1.3 The quantity, quality and description of the Goods will be those set out in your Order. Should your order consist of alcohol products, you must be over the age of 18 year old, and observe the law with regards to alcohol purchase and consumption.
1.4 Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your Payment Card is authorised for the transaction.
1.5 You or we are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Goods appearing on our website.
1.6 You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.
1.7 The quantity, quality and description of and any specification for the Goods shall be those set out in the relevant pages of this site.
1.8 We reserve the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements
1.9 The price of the Goods shall be the price set out on the relevant page of this site. We reserve the right to change the prices set out on this site provided that if we accept an order from you the price for the goods will be the price set out in the relevant range at the time the order is placed.
1.10 If the price of the Goods increases between the date we accept your Order and the delivery date, we will let you know and ask you to confirm by e-mail/in writing that the new price is acceptable. If it is not acceptable then you will, of course, have the option of cancelling the order.
1.11 The total price is inclusive of any applicable value added tax.
1.12 If your order contains alcohol, both you and the recipient must be over 18yrs old. More advice can be found at www.drinkaware.co.uk
2.1 All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto our Website.
2.2 The total cost of your order is the price of the Products ordered plus delivery charges.
2.3 Payment can be made by any of the methods specified in the Checkout Section of this Website and payment will be debited and cleared from your account as set out in the Payment section of this Website.
2.4 You confirm that the credit, debit or store card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer.
2.5 If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
2.6 We will take all reasonable care, within our power, to keep the details of your order and payment safe. However, in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party acquires unauthorized access to any data you provide when accessing or ordering from the Website.
3.1 Delivery of the Goods shall be made by our carrier to the delivery address shown on the Order Form. It is important that this address is accurate. Once the Goods have been delivered, you will be responsible for them. Our responsibility for everything other than damage due to our negligence or due to a manufacturing design or design fault will cease upon delivery. Should the contents of your order require more than one outer carton, then an extra charge will apply and you will be contacted accordingly.
3.2 Please note that although we endeavour to offer a next day delivery service, this service is not guaranteed, as this can be affected by unforeseen circumstances, especially during the festive season and other peak periods when courier services are in demand. We will do our absolute best, but please be aware that this cannot be guaranteed and we will not refund orders or delivery charges due to late deliveries.
3.3 Please note that all of our gifts must be signed for upon delivery. It is the customer’s duty to ensure that someone will be able to sign for the gift, which will be delivered by the courier.
3.4 Standard deliveries are made Monday to Friday, orders placed after 1pm on Friday will be delivered on the following Tuesday. Place your order BEFORE 1pm (Monday-Thursday) and we will have it delivered by close of business on the following business day (we regret we cannot guarantee delivery times).
3.5 For deliveries to postcodes beginning with AB, to Aberdeen and surrounding areas, delivery is 2-3 business days. Other postcodes for whom this applies: DD8-10, FK8 3, FK16-17 & 21, TD1-15, PH10-11, PH13-14, IV1-36, 40, 52-54, KA27, KA28, PA20-49, PA62-77, PH17-26, PH30-41, PH49-50, HS1, KW1-3 & 5-14, IM1-9 & 99 and BT1-99. Unfortunately we are unable to deliver to the Channel Islands at present.
3.6 We will do all that we reasonably can, to meet the date given for delivery, however delays are occasionally inevitable and we have no control over it, and we will be not be held liable. If no date has been agreed, we cannot be held responsible for delays beyond our control, and we are not liable for any failed deliveries.
3.7 If the order is a multiple order and we are unable to make delivery of the whole order but are able to deliver part we will contact you, informing you of this. In this instance delivery will be said to be made in instalments. Each delivery shall constitute a separate contract and any failure by us to deliver any one or more of the instalments in accordance with these conditions, or any claim by you in respect of any one or more instalments will not entitle you to treat the contract as a whole as repudiated.
3.8 If we fail for any reason within our control to fully/partially deliver your Goods any reimbursement shall be no more than the price of the Goods, together with the delivery costs.
3.9 As soon as we have delivered the Goods or services, you will be responsible for them. If you delay a delivery our responsibility for everything will end on the date we agree to deliver them, as set out in the contract. If no date is selected, then it is assumed delivery is required the following working day, presuming the order is received before 1pm.
4. Warranties and liability
4.1 The terms and conditions of this contract do not affect your statutory rights.
4.2 Important notice: time limit for notification of claims. Should your order include food, drink or other Goods intended for everyday consumption you must inform us within 24hrs of receipt of any defect in the quality or condition of the Goods. If you delay a delivery our responsibility for everything will end on the date we agree to deliver them, as set out in the contract. If no date is selected, then it is assumed delivery is required the following working day, presuming the order is received before 1pm. You are asked to examine the goods as soon as reasonably possible after delivery. Any claim by you based on any defect in the quality or condition of the Goods or their failure to correspond with specification must (whether or not delivery is refused by you) be notified to the company within 14 days from the date of delivery. If you delay a delivery our responsibility for everything will end on the date we agree to deliver them, as set out in the contract.
4.3 Except in respect of death or personal injury caused by our negligence we will not be liable under this contract for any loss or damage caused by us or our agents in circumstances where:
i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
ii) such loss or damage is not a reasonably foreseeable result of any such breach;
iii) any increase in loss or damage resulting from breach by you of any term of this contract.
In the event that you are using the supply address in part for commercial purposes then no liability for loss of profits or other economic loss arising out of a breach of this agreement can be accepted.
4.4 Subject to our obligations, and your rights under the Regulations, we shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods if the delay or failure was due to courier services or any cause beyond our reasonable control.
4.5 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
4.6 We assume no responsibility for the contents of any other web sites to which this Web Site has links.
5.1 You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your personal information.
6.1 Client records are regarded as confidential and therefore will not be divulged to any third party, other than suppliers and if legally required to do so to the appropriate authorities.
6.2 Clients have the right to request sight of, and copies of any and all Client records we keep, on the proviso that we are given reasonable notice of such a request.
6.3 Clients are requested to retain copies of any literature issued in relation to the provision of our services. 6.4 Where appropriate, we shall issue Client’s with appropriate written information as part of an agreed contract, for the benefit of both parties.
6.5 We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
7. Our Rights
7.1 We reserve the right to amend or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that We shall not be liable to you or any third party for any modification to or withdrawal of the Website.
7.2 It is your responsibility to check regularly to determine whether these Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
8. Right to Cancel
8.1 You have a cooling off period of 14 days after the date on which you have received the Goods to cancel the Contract, and return the Goods at your cost and receive a full refund of the purchase price. The right to cancel this contract will not apply in respect of food, drink or other Goods intended for consumption, and personalized Goods or Goods made to your specification.
8.2 During the cooling off period any cancellation must be given by written notice by either party.
8.3 Goods must be returned complete and undamaged with all accessories and instructions. The original packing must be returned in reasonable condition. We assume no responsibility for any delivery costs associated with the return of Goods.
9. Notification of Changes
The laws of England and Wales govern these terms and conditions. By accessing this Website and buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company. This company is registered in England and Wales, registration number 6408380, registered office, Sanbrands Limited, The Old Post Office, 5 Pink Lane, Newcastle upon Tyne, NE1 5DW. VAT number 924 8757 84