Terms and Conditions
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms & Conditions to make sure that they contain all that you want and nothing that you are not happy with.
- These T&C’s will apply to the purchase of Goods by you (the Customer or you). We are Home’n Gifts. Email address: email@example.com (the Supplier or us or we)
- These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
- Consumer means an individual acting for the purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the supply of the Goods;
- Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
- Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
- Website means our website firstname.lastname@example.org on which the Goods are advertised.
- In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Goods which appear on the Website are subject to availability. All jewellery items (necklaces, bracelets and earrings) are made to order, unless otherwise stated, in which case the term ‘one-off’ will be used within the product description.
- Our Goods are not intended to be used by children or made for children.
- We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- We may contact you by using email or other electronic communication methods and by pre-paid post and you expressly agree to this.
- We are committed to protecting the privacy of those who use the Website. We need to know basic personal data in order to provide you with the goods you order , and to assert our right to be recompensed in return for the item(s). If you do not provide this information, we will not be able to complete and fulfil the order.
- We require the following personal data such as your name, address, phone number(s), email address, debit and credit card details and product and order details. This is so we can process and fulfil your order.
- By submitting your personal information to us, you are confirming that the information you are giving is correct and relates to you.
- By using our Website, you consent to the collection and use of personal information by us.
- Personal information will be used for the processing, shipping and payment of orders to Customers, for purchases made by them or for them.
- Throughout the processing of your order you will receive emails from us keeping you informed of our progress, the last email will notify you of the order being shipped out and expected delivery.
- Sometimes, we may need to contact you – this will be done via email – before we process your order, this will only to be to gain clarification about a request or to answer a query/question that has been asked.
- Unless it is necessary to fulfil your order (including the delivery of Goods you have ordered), we will not provide your personal information (i.e. information you supply that identifies you) to any third party without your consent, or unless we are required to do so by law.
- We will never sell your details to any third party.
Basis of Sale
- The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order place by you. By placing an Order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
- Any quotation is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
Price and Payment
- The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
- The delivery charges are set out below in the Delivery section.
- Prices and charges include VAT at the rate applicable at the time of the Order.
- Prices of Goods are correct at the time of entering information on the Website, however we reserve the right to change prices without prior notice.
- We will take payment immediately via PayPal. Please see PayPal for additional terms and conditions.
- PayPal is a secure payment gateway that accepts Credit cards, Debit cards and PayPal account holders.
- Please note: You do not need to hold a PayPal account in order to make payment
- We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
- In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- We have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- After we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- If you are entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us, or allow us to collect them from you and we will pay the costs of this.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
Risk and Title
- The risk of damage to, or loss of, any goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- You can cancel the Contract except for any goods which are made to your special requirements (the Returns Right) by telling us no later than 14 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to our business premises the Goods in undamaged condition at your own expense. The we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge, this does not affect your rights when the reason for the cancellation is any defective Goods. This Returns right is different and separate from the Cancellation Rights below.
- This is a distance contract (as defined below) which had the cancellation rights (Cancellation Rights) set out below. The Cancellation rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances.
- Goods that are made to your specifications or are clearly personalized
Right to Cancel
- Subject as state in these Terms and Conditions, you can cancel this contract with 14 days without giving any reason
- The cancellation period will expire after 14 days from the day on which you acquire the Goods.
- To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear written statement setting out your decision e.g. letter sent by email to email@example.com or by using the ‘Contact Us’ form on the website firstname.lastname@example.org. We will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g. by email) without delay.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
- Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
- We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
- If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any Goods supplied, or
- (if earlier) 14 days after the day you provided evidence that you have sent back the Goods
- If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
- We will make the reimbursement using the same means of payment (via PayPal) unless you have expressively agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 103 Middlewich Road, Winsford, Cheshire CW7 3NH without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract, the deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
- For the purposes of these Cancellation Rights, these words have the following meanings;
- Distance contract means a contract concluded between a trader and a consumer under an organized distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
- Sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- Be of satisfactory quality;
- Be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- Conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- The party will advise the other party as soon as reasonably practicable; and
- The party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery ad any right to cancel, below.
- The Supplier does not exclude liability for: (i) any fraudulent act of omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which is not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. the loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Consumer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Alteration of Service or Amendments to the Conditions
- We reserve the right to make changes to the Website, policies and these Terms and Conditions at any time, so do not assume the same terms will apply in the future.
- You will be subject to the policies and Terms and Conditions in force at the time that you use the Website or that you order Goods from us.
- None of these terms affect your legal rights and these are not diminished in any way. If any term is held to be invalid under any applicable statute or rule of law, that term is automatically omitted from the terms to minimum extent necessary to comply with the law and without affecting the validity or enforceability of any remaining condition.