Terms and Conditions

 

SplendidHampers.co.uk Terms & Conditions

These terms and conditions (“the Terms”) govern the users (“you” or “your”) use of the www.splendidhampers.co.uk (“the website”) and relationship with Splendid Hampers and its subsidiaries (“Rafters of Driffield”, “we” or “our”).

Please read these Terms carefully as they affect your rights and liabilities under law.  In addition to these Terms, please see the Important Information set out at their end.  That information does not form part of these Terms but will help you with information about our goods and delivery practices.

1 . Agreement and Authority

1.1       By making a purchase from Splendid Hampers, whether via our website(s) or any other method, you agree to be bound by the Terms at the time of the transaction.

1.2       Where you are an organisation, you confirm that the person making the purchase on the organisation’s behalf has the authority to commit you to these Terms.

1.3       You confirm that the personal information and (if you are an organisation) any information about your organisation which you provide at registration or subsequently is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.

 

2. Amendments

2.1       We reserve the right to update these Terms from time to time and any changes will be shown on the website(s).

 

3. Our Website

3.1       The website(s) may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website(s) and use. You agree not to upload or transmit through the website(s) any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive or of an obscene character.

3.2       As a convenience to our customers, the website(s) may include links to other websites or material. Whilst these links are provided with the intention that they will be of benefit to our customers,  we will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services on such external websites.

3.3       The content of the website(s) is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the website(s) shall remain in our ownership or that of our licensors.

3.4       You may retrieve and display the content of the website(s) on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the website(s).

 

4. Privacy Policy and Data Protection

4.1       In relation to your personal data and the personal data of any order recipient given to us by you as part of the supply of goods by us, including our performing our agreement with you, we act as Data Controller.  It is very important that the personal data that you give us is correct and kept up to date. If you give us personal data about someone else, it is for the purpose of delivering the goods and service and so we may share your/their data with a third party to facilitate the delivery process of the goods ordered.

4.2       We treat all personal information as confidential and we will comply with and process personal data in accordance with relevant applicable data protection legislation in force from time to time.  Please refer to our Privacy Policy for more information on what personal data we hold, what we do with that data and how long we will keep it.

4.3       If you are an organisation, you confirm that you will at all times in the course of performing this agreement comply with your obligations under applicable data protection legislation.

4.4       If you are an organisation, you shall have the appropriate and necessary consents and/or approvals to provide the personal data to us that you give to us in respect of our agreement with you.

4.5       We shall process the personal data that you give us only for the purposes of fulfilling your order, including the delivery of goods to individuals and necessary administrative matters related thereto (including asking you to review your purchase) (“agreed purposes”).  We may share the personal data that you give us with third party/ies for the purposes of performing our agreement with you, including to facilitate the delivery process of the goods ordered, but such sharing shall be subject to processing only for the agreed purposes.  Any third party with whom we share the personal data provided by you shall be subject to written obligations concerning the shared personal data (including obligations of confidentiality) which are materially no less onerous than those imposed by these Terms.

4.6       We shall ensure that we have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

4.7       In respect of personal data relating to recipients, we shall (and shall require any third party/ies with whom we share the personal data) either to delete or anonymise the personal data provided by you for the recipient after completion of the agreed purposes. Such deletion or anonymisation shall be done in accordance with the retention periods as explained in our Privacy Policy.

4.8       If you are an organisation, we shall each assist the other in complying with all applicable requirements of applicable data protection legislation, including the Data Protection Act 2018.

4.9       We operate in the UK and you are providing your personal data to us in the UK.  In ordering from us, you acknowledge that your personal data will be processed by us in the UK.  If you purchase from us for delivery abroad, you understand that the personal data for the recipient will need to be transferred from the UK to allow us to deliver as requested by you.  Transfers of personal data received from you outside the UK and/or the EEA shall be made subject to applicable data protection legislation.  For example:

4.9.1    the transfer is to a country approved by the European Commission as providing adequate protection pursuant to Article 45 of the GDPR; or

4.9.2    there are appropriate safeguards in place pursuant to Article 46 GDPR; or

4.9.3    binding corporate rules are in place; or

4.9.4    one of the derogations for specific situations in Article 49 GDPR applies to the transfer.

4.10     On making a purchase, you will be opted in to our email mailing list and you consent to receiving emails from Splendid Hampers relating to our products and services.  If you do not wish to be receive emails from Splendid Hampers, please unsubscribe using the unsubscribe link in any of our emails to you and we will remove you from the mailing list.

We do not share your information with any third parties other than as necessary for the agreed purposes.

 

5. Protecting Your Security

5.1       We take the risk of internet fraud seriously. There is a possibility we may contact you to make security checks and we ask for your co-operation.  By accepting these Terms you consent to such checks being made.

 

6. Eligibility to Purchase

6.1       To be eligible to purchase goods on the website(s) and lawfully enter into and form contracts with Splendid Hampers under English law you must:

6.1.1    If an individual, be 18 years of age or over; and

6.1.2      Register your real name, address, phone number, e-mail address and any other details requested.

6.2       By offering to purchase goods and services you authorise us to transmit information (including updated information), and to obtain information from third parties, including but not limited to, administrators of the payment method selected.

6.3       We reserve the right to withhold goods from and terminate any account details for anybody whom we suspect of fraudulent practice and/or breach of these Terms.

6.4       If the goods purchased contain alcohol, the recipient of the delivery must be over 18 years of age.  Proof of age may be required to be supplied by the person accepting delivery of the goods or delivery cannot be made.

 

7. Orders

7.1       All orders are subject to acceptance and availability.

7.2       Our acceptance of your order will take place when we email you to confirm it, at which point a contract will come into existence between you and us.

7.3       You will assume the risk for the products once they have been delivered to the delivery address which you specified. We accept no liability if you provide an incorrect delivery

 

8. Cancellation of Orders by Splendid Hampers

8.1       If we are unable to complete your order, we will inform you of this as soon as practicable and cancel your order.  You will not be charged for the order (and if payment has been taken, it will be refunded to you).

8.2       Cancellation can be made by us where we are unable to, or it is not commercially reasonable for us to, complete the order.  This may include (for example) where we have identified a material error in the price or description of the product(s) shown on the website (whether due to software errors or otherwise), because items are out of stock, because we are unable to meet a delivery deadline you have specified, or for other unexpected reasons that we could not reasonably plan for.

 

9. Cancellation by you, Cooling Off Period and Damaged and Faulty Goods

9.1       Most orders placed with Splendid Hamper are covered by our 14 days satisfaction guarantee. You can return the hamper by notifying us within 14 days of it being delivered. If the hamper is not faulty, it must be returned unused, unopened, and original packaging undamaged. You can return the hamper either by using our return service or by returning the hamper at your own cost. Also, please be aware that we cannot be held responsible and provide refunds/exchanges on any order affected by circumstances beyond our control; this includes but is not limited to damage and neglect after goods are delivered or goods being stored incorrectly.

9.2       In order to arrange a return, please contact our customer service team as soon as possible and within 14 days of delivery. You must inform us in writing with the order number, the hamper number or name and the reason for the requested return. Returned parcels must be packaged securely with all the items in that hamper included. Any additional costs from delivery or returning the hamper that are not agreed beforehand with Splendid Hampers are not covered under our cancellation policy.

9.3       Once we have received a returned order, the items returned will be checked and any agreed refunds, credits or exchanges will be made within 14 days of return receipt. For any returned hamper that is not faulty (or we found it to be not faulty), we will refund to you what you paid for the hamper (including delivery). The administration covers the return delivery costs and the administration time to process the return and includes VAT.  For returned orders

9.4       Hampers that are delivered damaged or have defective contents must be notified to customer services within 48hrs of delivery.  We will send a replacement hamper as soon as possible of the same type or an alternative hamper of the same value or higher will be offered. If another hamper is no longer required a refund will be offered, however we reserve the right for the item to be returned to us first using our return service for further inspection, so we can investigate the issue further.

 

10. Delivery

You confirm that you have read the important information section below and our delivery policy.

10.1     Deliverhttps://www.hampers.com/deliveryy will be within a reasonable time.

10.2     Where you request a specific date for delivery, and we accept that request, we will use our reasonable efforts to deliver our goods on the requested delivery date.

10.3     As Splendid Hampers is dependent on the services of third party carriers and the actions of third parties, we do not accept any liability for any delays that might occur due to actions or omissions of third parties.

10.4     We or our courier may require an age appropriate person to accept delivery of the goods.

10.5     Our courier will normally attempt delivery up to 3 times.  If, after these attempts, it has been unable to deliver to you for whatever reason, the goods will be returned to us.

10.6    If either:

10.6.1    the goods are perishable, or

10.6.2    the delivery is outside of the UK

we cannot make any refund to you for the cost of the goods or attempt any further redelivery once the goods have been returned to us after failed delivery attempt(s).

10.7     If either:

10.8.1    the goods are non-perishable; or

10.7.2    the delivery is within the UK

we can arrange for re-delivery, subject to the payment by you of such reasonable fees (including administration fees) as we shall tell you will be payable.

10.8     If the failure to deliver arises because of a fault by us or our courier, then we shall arrange a redelivery at no cost to you (including of any perishable goods).

10.9   Delivery is complete once the goods have been delivered to the address given to us by you for delivery.  You will have the risk for the goods once they have been delivered.   We accept no liability if you provide an incorrect delivery address and we deliver to it.

 

11. Price and Payment

11.1     Payment may be made by Visa, Mastercard, Maestro, JCB or Diners

 

11.2     You will not own the goods until payment for them has been received in full by us.

11.3     Our hamper range is reviewed regularly. Purchases on the website(s) will be charged at the prices ruling at the date of the order and will always be charged in pounds sterling (£) inclusive of applicable UK VAT sales tax. We reserve the right to amend prices on our website from time to time.

11.4     VAT, charged at the applicable rate, is included on prices shown on our website for hampers despatched from Splendid Hampers.

11.5     All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card does not authorise payment to us we will not be liable to you for any delay or non-delivery.

11.6     You may only use one discount code with each order. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.

 

12. Our Liability: your attention is particularly drawn to this clause

12.1     Notwithstanding any other provision in the Terms, nothing in these Terms:

12.1.1    (if you are a consumer) affects or limits your rights as a consumer under English law (including without limitation goods being of satisfactory quality and not defective); or

12.1.2    will exclude or limit our liability for fraud, fraudulent misrepresentation, death or personal injury resulting from our negligence.

12.2     The website(s) are provided on an ‘as is’ and ‘as available’ basis and we make no representations, endorsements or warranties (whether expressed or implied), in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the website(s) and any information provided by you. You must bear the risk associated with the use of the internet.

12.3    To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of, or are related to the website(s).

We do not offer our products to you for any business purposes.  We do not therefore accept any form of business loss relating to your purchase.

12.4     If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for any such delays. This does not affect your rights to cancellation, refund and replacement as set out in clause 9.

12.5     It is your responsibility to ensure the recipient is aware that the gift should be opened immediately if it contains perishable goods. We cannot accept liability for spoiled products if the items in the order are not stored in the correct manner once delivered.

 

13. Competitions and Prize Draws

13.1     If we offer competitions or prize draws (together here referred to as “competitions”), these competition rules will be deemed incorporated into each competition except to the extent that any specific instruction or term in a competition expressly overrides these Terms.  We reserve the right to amend competition terms from time to time.

13.2     By entering any competition entrants will be deemed to have read and understood the Terms and be bound by them. All of our decisions will be final and binding and no correspondence will be entered into.

13.3     Any person who is an employee or an immediate family member of an employee of Splendid Hampers or any other person who is directly connected with the organisation of any particular competition is ineligible to participate. Competitions are only open to residents of the UK. All entrants are to be aged 18 or over.

13.4     All entries must be received by the closing date specified. Answers will be entered upon submission. No responsibility will be taken for any answers that are misdirected, lost for technical or other reasons or received after the closing date.

13.5     We reserve the absolute right to disqualify without notice any entries to any competition which we consider have used improper technical means to enter and/or we believe is fraudulent. Entrants are liable for their costs to access computer networks.

13.6     We will not be liable for or accept any responsibility for: (i) any failure by the winner or any entrant to comply with these terms and conditions; (ii) any disruption, delay or misdirection of entries; or (iii) any server, system or network failures, malfunctioning or inaccessibility leading to undelivered or late delivery of entries.

13.7     We shall be the promoter of all competitions subject to these terms and conditions unless stated otherwise. If for any reason an advertised competition prize is unavailable we reserve the right at our absolute discretion to substitute a similar prize of equivalent or greater value. Only one prize will be awarded per household. There will be no cash or other alternative to the prize offered and prizes are not transferable.

13.8     The winner’s name will be selected in a random draw, after the closing date, from all correct answers received. The winner of a prize will be notified within 28 days after the winner has been ascertained. If the winner of a competition is unable to take up a prize for any reason or if the winner cannot be notified after reasonable efforts having been made, then we may dispose of the prize as we think fit without any liability to the winner for having done so. The names of the winners may be published on our website(s)and/or on any social media platform.

 

14. Reviews

14.1     If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Splendid Hampers the right to use the name that you submit in connection with such content. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.

14.2     You confirm that you own or otherwise control all of the rights to the content that you post and that, as at the date that the content or material is submitted to Splendid Hampers, the content and material is accurate and use of the content and material you supply does not breach any applicable SplendidHampers.co.uk guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).

 

15. Promotional Codes and offers

15.1     We may run a range of promotions during the year for which voucher codes may be issued. Only one voucher code can be redeemed against any single order. We are unable to retrospectively apply voucher codes to any orders.  Terms may apply to the use of voucher codes which will be provided with the relevant voucher relating to its use.

15.2     Promotional vouchers and discount codes cannot be used in conjunction with any other offers or affiliate commission and cashback schemes.

15.3     Some products may be exempt from promotions and the use of promotional codes.

 

16. Severance

16.1     If any part of the Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.

 

17. Waiver

17.1     No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

 

18. Entire Agreement

18.1     These Terms form the entire basis of any agreement reached between you and us.

19. Law and Jurisdiction

19.1     These Terms shall be governed by and construed in accordance with the laws of England and Wales.  These Terms shall be subject to the exclusive jurisdiction of the English courts, unless you are a consumer, in which case jurisdiction shall be non-exclusive.