These terms and conditions regulate the business relationship between yourself as the customer, hereafter referred to as 'you', 'your' and the seller, hereafter referred to as 'we', 'us', 'our'. By using our website in any way, or by directly buying from us, you agree to be bound by them.
The seller is South West Hampers Limited, registered in England and Wales, No. 9845066.
1.1In this agreement:"Carrier" means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance."Our website" means the entire computing hardware and software installation that is or supports our website."Goods" means any of the Goods we offer for sale on our website."Content" means information in any form published on our website by us or any third party with our consent.
2. Orders and Age Verification
2.1 Under the 2003 licensing act it is an offence for any person under 18 years of age, or any person on the behalf of any person under 18 years of age, to buy, or attempt to buy intoxicating liquor, subject to a maximum fine on conviction of £5,000.00.
2.2 We do not market or sell to children. You must be over the age of 18 to purchase from our website. You are required to confirm that you are 18 or over prior to any sale or transaction. By confirming this on our website you agree to provide the correct information and that you are not impersonating another.
2.3 By registering on our website, you agree to provide the correct registration details, not giving false a name, or impersonating another and to ensure that changes to any details are updated on our website.
2.4 You are responsible for the security and confidentiality of your account name and password and all activity that occurs under them. You must advise us intermediately if you suspect your account details are being used without your authority.
2.5 When you confirm payment, you agree to buy the quantities of Goods you selected at the price, delivery cost and any added costs displayed. All orders are subject to this condition. We are not able to add any additional discount to existing orders once payment has been taken. Discount vouchers cannot be used in conjunction with any other web special offers.
2.6 We shall accept your order by e-mail confirmation, or on a Purchase Order for trade clients. That is when our contract with you is made. We will confirm details of your purchase and tell you when we have dispatched your order. It is possible that the price may have increased from that posted on our website.
2.7 We may change these terms from time to time. The terms that apply to you are those posted here on our website on the day you order Goods.
2.8 All descriptions, allergens, weights and sizes of Goods are those of the original manufacturers and you may not rely on their accuracy. Accordingly, any such description shall not form part of this agreement.
2.9 Prices for Goods are given in GBP sterling at the price displayed on our website at the time of your order.
2.10 If we discover an error in the price of any ordered Goods, we will contact you and you may confirm the order at the correct price or cancel the Goods. If we cannot contact you, the Goods will be cancelled and removed from your order.
2.11 Payment may be made online only by the credit/debit card payment methods listed. Alternative online bank payment methods will only be accepted for trade orders.
2.12 Our secure-payment gateway is operated by Paypal. Once you place your order, Paypal will automatically seek authorisation from your card-issuer. You may be required to provide further authorisation for some cards. Once we have received a valid authorisation we will process your order. Goods are charged at the time of placing the order and will appear as South West Hampers Limited on your statement.
2.13 All orders are subject to availability of the Goods ordered. Although we endeavour to include all the items listed, during periods of high demand we may very occasionally substitute an item for an alternative. In this unlikely event, the replacement will always be similar to the original Goods and of the same or greater value. Should this not be possible, we reserve the right to cancel the order without liability and inform you as soon as possible, using the email address you supply.
2.14 Some of our handmade cheese, clotted cream and scones have short shelf lives and may be freshly frozen. In these instances, products will be dispatched with adjusted use by dates for consumption purposes. The quality of these products is not affected.
2.15 All images, photographic representation and other information is illustrative only. Any props or items shown in images but not listed, do not form any part of the Goods.
2.16 You own the Goods once they are dispatched and with the carrier, or once we receive payment in full for the Goods and any delivery charge, whichever is later.
3.1 Deliveries will be made by the carrier to the address stipulated in your order. You must ensure that you provide the full correct address and that an adult (18 years or over) is present to accept delivery. Should the recipient not be present at the delivery address, an attempted delivery card will be left notifying the recipient of where to collect your Goods.
3.2 If we are not able to deliver your Goods within the date(s) you have specified on your order, we shall notify you by e-mail or phone to arrange another date for delivery.
3.3 We shall not be liable for any failure to perform in our obligations where such failure is as a result of incorrect information given or Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service.
3.4 Orders are dispatched Monday to Thursday and usually delivered Tuesday to Friday. A special Saturday delivery is available at a premium cost by separate special arrangement. Delivery times quoted or displayed are for guidance only and not a guarantee.
3.5 Goods containing fresh produce are dispatched to the carrier for delivery within 24 hours of your selected delivery date. Fresh items may be frozen and relabelled for this purpose, and particularly where a longer delivery time is expected. For special occasions, we recommend allowing 48 hours for delivery. Deliveries to UK Islands and Highlands and N. Ireland can take up to five working days.
4. Cancellation and Goods Returned
4.1 Trade orders made via a Purchase Order are contractually bound and cancellations can only be made by agreement with us.
4.2 Buying the Goods online by mail order may offer you a right of cancellation. You must tell us you wish to cancel no later than 2 days prior to the delivery of the Goods you have ordered.
4.3 In the unlikely event your gift arrives in an unsatisfactory condition you must tell us within 24 hours of receipt of Goods and provide photographic evidence;
4.4 In any event, you may not cancel or return orders for food or other perishable Goods, nor for handmade, specially commissioned or personalised Goods;
4.5 The Goods must be returned to us within 5 days of your telling us you wish to return them:
4.5.1 with both Goods and all packaging in their original condition, and;
4.5.2 securely wrapped;
4.5.3 including our delivery slip;
4.5.4 at your risk and cost;
4.6 After we have received the Goods, we will refund you the full purchase price of the Goods returned, less any Paypal refund fees and original delivery costs, no later than 30 days from the date of receipt;
4.7 If you do not return the Goods to us, or they are returned not as described in Clause 4.5, you are still liable to us for the cost;
4.8 We are under no obligation to collect or recover Goods from you, but if we do, our costs will be payable by you.
5.1 We or our content suppliers may make improvements or changes to our website, the content, or to any of the Goods, at any time and without advance notice.
5.2 You are advised that content may include technical inaccuracies or typographical errors.
5.3 We give no warranty and make no representation, express or implied, as to:
5.3.1 the adequacy or appropriateness of the Goods for your purpose;
5.3.2 the truth of any information given on our website;
5.3.3 any implied warranty or condition as to merchantability or fitness of the Goods and services for a particular purpose;
5.3.4 compatibility of our website with your equipment software or telecommunications connection;
5.3.5 compliance with any law;
5.3.6 non-infringement of any right.
5.4 All images, photographic representation and other information is illustrative only. Any props or items shown in images but not listed, do not form any part of the Goods.
5.5 Our website may contain links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such web site.
5.6 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our website or the purchase of Goods.
5.7 In any claim against us our liability is limited to the value of the Goods you have purchased in the contract which is the subject of the dispute.
6. Content and Intellectual Property Rights
6.1 Title, ownership rights, and intellectual property rights in the content whether provided by us or by any other content provider shall remain the sole property of us and / or the other content provider. We will strongly protect its rights in all countries.
6.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as is expressly permitted in this agreement.
6.3 You may download or copy the content only for your own personal use, provided that you maintain all copyright and other notices contained in such content. You may not store electronically any significant portion of any content.
7. System Security
7.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the installation.
7.2 You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of our website, or any software used on our website, and that you will not permit any other person to do so.
7.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
7.4 Examples of violations are:
7.4.1 accessing data unlawfully or without consent;
7.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
7.4.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
7.4.4 forging any TCP/IP packet header or any part of the header information in any e- mail or newsgroup posting;
7.4.5 taking any action in order to obtain Goods to which you are not entitled.
7.5 You agree to indemnify us against any claim or demand, including reasonable legal fees, made by any third party due to or arising out of:
7.5.1 any violation of system security as set out above;
7.5.2 your use of our website;
7.5.3 any other breach or violation of this agreement by you;
7.5.4 the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
8.1 You agree to indemnify us against any claim or demand, including reasonable legal fees, made by any third party due to or arising in any way out of your use of our website, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
9. Contractual Limitation
9.1 Where we provide Goods without specific charge, then it is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of any such Goods.
10. Rights of third parties
10.1 Nothing in this agreement or on our website shall confer on any third party any benefit under the provisions of the contracts (Rights of Third Parties) Act 1999.
11.1 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
12. No Waiver
12.1 No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
13 Dispute Resolution
13.1 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
14 Force majeure
14.1 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
15 Governing Law
15.1 This agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.