**LAST DATE FOR DIWALI ORDERS: 29 OCTOBER 2023**
1. These terms and conditions
1.1 These terms and conditions (the “Terms”) govern our supply of the products to you. Please read these Terms carefully before you submit your order to us.
2. About Us
2.1 We are Indian Gift Hampers, a sole trader established in England and Wales.
2.2 You can contact us by writing to us at email@example.com. If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.3 When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and we will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably anticipate, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4. Our gift hampers
4.1 Gift hampers may vary slightly from their pictures. The images of the gift hampers on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the gift hampers, or their contents. Your gift hamper may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance.
4.2 Product packaging may vary. The packaging of the gift hampers may vary from that shown in images on our website.
4.3 Gift hamper content.
4.3.1 All gift hamper contents have been fairly described through the contents list. Photographic props such as demonstrative foods, plates, glasses and other utensils are not included unless stated. To make the most of the hamper content, we recommend that the food and drink items are consumed as soon as possible after delivery. Some items can be kept for many months, but some require immediate consumption & refrigeration. Mehndi cones should be stored in the refrigerator and used within two weeks of receipt. We cannot accept liability for spoiled products if the items are not stored in the correct manner once delivered. It is your responsibility to inform the recipient of the gift hamper that their purchase contains perishable food, drink or other items and that it must be opened and stored correctly immediately upon delivery.
4.3.2 Allergens. Please note that that food items may contain allergens such as nuts, egg, milk & gluten and you should be aware that our hampers are stored and packaged in environments in which nuts may be present. Details of ingredients of item are as supplied by the manufacturer, are shown on manufacturers' packaging and/or on our website(s) and are available on request.
4.3.3 Henna candles. Henna candles are for decorative purposes but may be lit at the user’s discretion. Keep away from flammable objects or surfaces and keep out of reach of children and pets.
5. Gift hamper messages
Some gift hampers give you the option to leave a personalised gift message. This is an open text box where you can leave a private message to the recipient. We cannot accept liability for the contents of the message, nor can we guarantee it will be included on the gift hampers.
6. Your rights to make changes
If you wish to make a change to the gift hamper you have ordered, please contact us by emailing firstname.lastname@example.org. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7. Our rights to make changes
We may make changes to the gift hampers where this is required. For example, in the event of supply difficulties, we reserve the right to substitute products or packaging of equal quality and value.
8.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
8.2 Delivery dates are estimates. While we use reasonable endeavours to ensure deliveries are made on any requested date, all delivery dates are estimates only. We do not guarantee any time or date of delivery.
8.3 Non-delivery. If the gift hamper is not delivered, you must notify us in writing by emailing email@example.com within 5 days of the intended delivery date. We will not accept claims for refunds after this date.
8.4 Damaged products. If the gift hamper or its products are damaged, you must notify us in writing by emailing firstname.lastname@example.org within 24 hours of delivery.
8.5 What we are not responsible for
8.5.1 We do not accept any responsibility for any loss, damage, delay or other disruption in supplying gift hampers and for deliveries that may arise as a result of any of the following:
- inaccurate or incomplete delivery address details;
- incorrect recipient information;
- delayed payment; and
- delayed order receipt.
8.5.2 We reserve the right to charge you an administration fee and additional delivery cost for re-directing or arranging return of the gift hamper, in the event of a non-delivery that is caused by you giving us an incorrect or incomplete delivery address, incorrect recipient information, or due to recipient absence.
8.5.3 We are not responsible for delays outside our control. If our supply of the gift hamper 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 delays caused by the event.
8.6 Our third parties. Our third party delivery partners may give the recipient additional delivery options. We are not responsible for any changes or agreements made between the recipient and couriers relating to deliveries that were not part of the original order. The couriers will hold the gift hamper for a limited time if an attempted delivery is unsuccessful and may then redeliver or send back to us. If we are requested to re-send or redirect the gift hamper, there may be additional charges and an administration fee.
9. Your rights to end the contract
9.1 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out in clauses 9.1.1 to 9.1.3 below, the contract will end immediately and we will refund you in full for any gift hampers which have not been provided. The reasons are:
9.1.1 we have told you about an upcoming change to the product or these Terms which you do not agree to;
9.1.2 we have told you about an error in the price or description of the gift hamper you have ordered and you do not wish to proceed; or
9.1.3 there is a risk that supply of the gift hamper may be significantly delayed because of events outside our control.
9.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). Except for gift hampers containing items listed in clauses 9.2.1 to 9.2.3 below, you have a legal right to change your mind within 14 days and receive a refund.
9.2.1 fresh food perishable gifts (such as cheese or flowers);
9.2.2 personalised and branded goods; or
9.2.3 bespoke gift hampers.
10. How to end the contract with us (including if you have changed your mind)
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at email@example.com Please provide your name, home address, order number, and, where available, your phone number and email address.
10.2 Returning gift hampers after ending the contract. If you end the contract for any reason after gift hampers have been dispatched to the recipient or you have received them, you must return them to us. You must post them back to us at the address we give you. If you are exercising your right to change your mind you must send the gift hampers within 14 days of telling us you wish to end the contract.
10.3 When we will pay the costs of return. We will pay the costs of return:
10.3.1 if the products are faulty or misdescribed; or
10.3.2 if you are ending the contract because we have told you of an upcoming change to the gift hampers or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
10.4 In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
10.5 How we will refund you. We will refund you the price you paid for the gift hampers including delivery costs further to clause 10.5, by the method you used for payment. However, we may make deductions from the price, as described below.
10.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
10.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the gift hampers, if this has been caused by your handling them in a way which would not be permitted in a shop.
10.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a gift hamper within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
10.7 When your refund will be made. If you are exercising your right to change your mind, then your refund will be made within 14 days from the day on which we receive the gift hamper back from you or, if earlier, the day on which you provide us with evidence that you have sent the gift hamper back to us.
11. Our rights to end the contract
11.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if you do not make any payment to us when it is due.
11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
12. If there is a problem with the gift hampers
12.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at firstname.lastname@example.org
13.1 When you must pay and how you must pay. We accept payment with major credit cards and debit cards. You must pay for the gift hampers before we dispatch them.
13.2 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13.3 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
14. Our responsibility for loss or damage suffered by you
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care.
14.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. How we may use your personal information
16. Other important terms
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
16.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the gift hampers, we can still require you to make the payment at a later date.
16.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.