TERMS AND CONDITIONS
Last Updated: 1st September 2016
These terms and conditions (collectively referred to herein as “Terms“) apply to all orders for items (excluding e-books) (“Products“) which you place with carrsgifts.com (“we” “us” or “our“):
- online through our website located at www.carrsgifts.com (“our site”)
These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our website.
Except by special arrangement, we do not offer any of our Products through unauthorised third party re-sellers and you represent on each occasion on dealing with us that you are not dealing with or attempting to deal with us in such capacity.
Please note that before placing an order you will be asked to agree to these Terms. You accept and agree to be bound by these Terms when:
- – in the case of on-line orders, you click the “Accept” button
You should print a copy of these Terms or save them to your computer for future reference.
For legal reasons we can only sell items via our website, to individuals aged 18 or over. If you are under 18 years of age, please ask your parent or guardian to review and approve the Terms on your behalf.
We amend these Terms from time to time as set out in Clause 9. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 1st Septemer 2016.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
- 1.1 We operate the website www.carrsgifts.com We are Carrs Gifts, operating primarily from our trading address: 14 Armstrong Road, Englefield Green, Egham, Surrey. TW20 0RW.
- 1.2 To contact us, please see the Contact Us information at the bottom of the page.
2. Our Products
- 2.1 The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
- 2.2 Although we have made every effort to be as accurate as possible, all sizes, lengths, materials, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.
- 2.3 The packaging of the Products may vary from that shown on images on our website.
- 2.4 All Products shown on our website are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. Use of our website
Accessing our website
- Our website is made available free of charge,
- We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable to you if for any reason our website is unavailable at any time or for any period.
- You are responsible for making all arrangements necessary for you to have access to our website.
Your account and password
- If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
- We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these identification codes or passwords, you must promptly notify us as email@example.com
- You need to have a registered account in order to use any promotion codes. If you have a code, please enter it at the checkout for it to be applied. Some promotion codes cannot be used in conjunction with other promotions.
- We reserve the right to withdraw or amend a promotion at any time.
- A promotion may be amended or withdrawn at any time.
- Free or discounted delivery promotions are only applied to Standard Delivery costs. Some areas may incur a surcharge. Free postage offers are only applied to orders with a payment value.
- Promotions and discounts that lead to a zero value basket will be charged at the standard rates.
- Please note that promotional codes and discounts will not apply to downloads.
Intellectual property rights
- We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our website.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.
- You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
No reliance on information
- The content on our website is provided for general information only. It is not intended to amount to advice on which you rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.
- Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up-to-date.
Limitation of our liability
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied.
- We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our website; or
- use of or reliance on any content displayed on our website.
- If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
- If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
- We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
- We do not guarantee that our site will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
- You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Linking to our site
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link to our site in any website that is not owned by you.
- Our website must not be framed on any other website, nor may you create a link to any part of our site other than the home page.
- We reserve the right to withdraw linking permission without notice.
- If you wish to make any use of content on our site other than that set out above, please contact firstname.lastname@example.org
Third party links and resources in our site
- Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
- We have no control over the contents of those sites or resources.
4. If you are a consumer
- 4.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old. Some of our Products are aimed at children however, for the avoidance of doubt, these are not for purchase by children and must only be purchased by you as a consumer if you are at least 18 years old. However, we recommend that all purchases intended for children are thoroughly vetted by the parent / guardian before use with or by children.
- 4.2 Certain Products on our site can only be purchased if you satisfy the legal age requirement for that product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products through our site.
- 4.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5. If you are a business customer
- 5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
- 5.2 These Terms and any document, policy or other terms and conditions expressly referred to in them constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document, policy or other terms and conditions expressly referred to in them.
6. The contract between us
- 6.1 After you place an order with us, we will acknowledge receipt of your order verbally (if you are ordering over the phone), or with a follow up e-mail from us to the email address associated with your account (if you are ordering online). However, please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us which will take place as described below.
- 6.2 We will confirm our acceptance of your order to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”).
- 6.3 The Contract will only relate to the Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of those Products is confirmed in a separate Dispatch Confirmation.
- 6.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in Clause 12.5 or because you are not eligible to make the purchase, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we shall be entitled to cancel the Contract between us and will refund you the full amount as soon as possible in accordance with Clause 8.2.
- 6.5 You undertake that all details you provide to us for the purpose of ordering Products from us are true and correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the Products ordered.
7. Our right to vary these terms
- 7.1 We may revise these Terms from time to time, in the following circumstances:
- (a) changes in how we accept payment from you; or
- (b) changes in relevant laws and regulatory requirements; or
- (c) to reflect changes in market conditions affecting our business; or
- (d) changes in our system’s capabilities.
- 7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us. Any future changes will not affect Contracts already concluded, unless the changes are required to be made and given retrospective effect by any law or government authorised (in which case it will apply to all Contracts if required to do so).
- 7.3 Whenever we revise these Terms in accordance with this Clause 9, all changes will be effective when posted on our site and you should check our site from time to time to review these Terms and other legal notices because they are binding on you.
8. Cancellation Policy
- 8.1 Your cancellation rights:
- (a) UK consumers and consumers from the rest of the European Union have a legal right to cancel a Contract at any time for any reason within 14 days, starting from the day after you receive the Products. In this case you will be entitled to receive a full refund of the price paid for the Products and any applicable delivery charges to the credit or debit card used to purchase the applicable Products. This legal right does not apply to non-EU customers.
- (b) To cancel a Contract, before the Products have been dispatched, you are able to do so by notifying our Customer Services team by emailing email@example.com with your order number included in the email. If your Products have already been dispatched when you wish to cancel, please follow the three step procedure set out in our Returns Policy.
- (c) All Products, which are the subject of a cancelled Contract, must be returned by you at your own risk and as soon as possible after the date you cancelled the Contract to us in the same condition in which they were delivered in accordance with our Returns Policy.
- (d) Please note that you will be responsible for the costs of returning the Products to us, unless they were delivered to you in error or the Products are defective or faulty, in which case we will be responsible for the costs of returning the Products to us. If you do not return the Products as required, we may charge you a sum not exceeding the direct costs of recovering the Products.
- (e) If you cancel the Contract before you have received the Product, but we have already processed the Products for delivery, you must not unpack the Products.
- (f) On faulty or defective Products, after the 14 day cancellation period, we reserve the right to offer a reimbursement or replacement where appropriate.
- 8.2 Our cancellation rights:
- (a) We shall be entitled to cancel the Contract if we have insufficient stock to deliver the goods ordered by you.
- (b) We shall be entitled at our sole discretion and without notice to cancel the Contract and withdraw the account of any person suspected of purchasing or attempting to purchase any of our Products for commercial purposes or onward delivery by a third party in breach of these Terms.
- (c) If the Contract is cancelled by us, we will notify you by e-mail at the address given by you in your order form or associated with your account with us . Any sum debited by us from your credit card or debit card will be re-credited to your account within twenty one (21) days of the date you place your order. We will not be liable for any loss or damage you incur as a consequence of such cancellation or be obliged to offer any compensation to you.
9. Returns Policy
- 9.1 In the rare event that the Product you receive is faulty or not as ordered, please contact us to arrange a replacement or reimbursement. You may return it us in its original condition within 30 days of receipt in accordance with this Refunds Policy. All returns require prior authorisation. We will email this to you after you contact us. A copy of the returns authorisation email as well as a copy of the despatch note or invoice associated with the order is required to process returns correctly.
- 9.2 How to return your Products in 3 easy steps Step 1: Get in touch by emailing firstname.lastname@example.org section to obtain an authorisation number. Step 2: If your Products need returning please parcel them up with the original documentation and write the authorisation number on the outside of the parcel. Step 3: If we have arranged to collect the Products from you, please leave as instructed. If we are unable to collect the Products and you are returning them in the post to us, please obtain proof of postage.
- 9.3 Your rights to a refund or replacement
- (a) If you are returning the Product to us because it is defective, faulty or we have supplied you with the incorrect Product or you claim the Product was not described properly on our site, we will:
- (i) arrange for the Products to be collected or where we cannot collect them, you shall arrange for the Products to be returned to Returns Department, 14 Armstrong Road, Englefield Green, Egham, Surrey. TW20 0RW. and we will be responsible for any reasonable postage costs you incur in returning the Products to us; and
- (ii) at our option and as appropriate either: (A) replace the Products within 10 days (or 15 working days in the case of international orders) of the day we confirm your return authorisation number; or (B) refund to you the full amount paid by you for the Products and any applicable delivery charges.
- 9.4 We will usually process any refund due to you as soon as possible and in any case within 21 days of the day we receive the returned Product.
- 9.5 Please note that any Product which are returned to us will be at your own risk and we suggest that you obtain proof of posting certificate when the Product is posted.
- 9.6 To receive a full refund, the Products must be returned or be made available for collection (as applicable) in their original packaging and in the same condition in which they were received. If you wish to return any Products you have a duty to keep them in your possession and to take reasonable care of them until you return them.
- 9.7 We refund you on the credit card or debit card used by you to purchase the applicable Products, or if you paid using your PayPal account, we shall credit that account.
- 9.8 If you are a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights and your right to cancel the Contract under Clause 8 are not affected by the Returns Policy in this Clause 9 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
10. Service availability
- 10.1 We reserve the right at any time and at our sole discretion to:
- (a) refuse a new customer registration;
- (b) suspend or terminate access to a customer’s account;
- (c) discontinue our site or services or any part thereof.
- 11.1 We offer delivery to the United Kingdom only. We do not deliver to any other destinations. nor are we able to deliver to Hospitals, University campuses, UK based Army/Nay/Air Force bases, PO addresses, Post Offices, shopping centre or pedestrianised work places.
- 11.2 Delivery Charge is a Flat Rate of £2.95 for the total number of product purchased in one transaction up to the value of £25.00 after which we cover the cost of delivery.
- 11.3 We will use reasonable endeavours to fulfil your order by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control.
- 11.4 Delivery will be completed when we deliver the Products to the address you gave us.
- 11.5 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
- 11.6 The Products will be your responsibility from the completion of delivery.
- 11.7 You own the Products once we have received payment in full, including all applicable delivery charges.
12. Price of products and delivery charges
- 12.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see Clause 14.5 for what happens in this event.
- 12.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
- 12.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
- 12.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our “Shopping With Us” section at the bottom of the page.
- 12.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered the following sub-clauses shall apply:
- (a) where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you; and
- (b) if the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
13. How to pay
- 13.1 You can pay for Products using a debit card or credit card. We accept the following cards: Visa Debit, Visa Credit, MasterCard and American Express via the PayPal “Checkout As A Guest” facility. No PayPal Account is necessary to use this facility.
- 13.2 We also accept payment via your PayPal Account if you have one set up.
- 13.3 By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct. All transactions will be in pounds sterling. Non-UK credit card providers and banks will determine the exchange rates to be applied and may add an additional processing or administration charge in relation to such payments which non-UK card holders will be liable to pay.
- 13.4 Payment for the Products and all applicable delivery charges is in advance. Any order placed using PayPal will be charged at the time your order is submitted. If we reject or cancel your order for any reason this charge will be credited back to your PayPal account or Credit/Debit Card.
14. Our liability if you are a business
- 14.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes. We reserve the right to refuse orders that we consider for any reason are for commercial purposes or subject to onward delivery by a third party.
- 14.2 Nothing in these Terms limits or excludes our liability for:
- (a) death or personal injury caused by our negligence;
- (b) fraud or fraudulent misrepresentation;
- (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- (d) defective products under the Consumer Protection Act 1987.
- 14.3 Subject to Clause 14.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- (a) any loss of profits, sales, business, or revenue;
- (b) loss or corruption of data, information or software;
- (c) loss of business opportunity;
- (d) loss of anticipated savings;
- (e) loss of goodwill; or
- (f) any indirect or consequential loss.
- 14.4 Subject to Clause 14.2 and Clause 14.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total price of the Product(s) excluding any delivery charges.
- 14.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
15. Our liability if you are a consumer
- 15.1 Subject always to Clause 15.3, if we fail to comply with these Terms we will under no circumstances whatever be liable to you any loss or damage you suffer, except to the extent those losses are a foreseeable result of our breach of these Terms or our negligence.
- 15.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and subject always to Clause 15.3, we have no liability to you for any business or trade losses, including (but without limitation) loss of profit, loss of business, business interruption, or loss of business opportunity. We reserve the right to refuse orders that we consider for any reason are for commercial purposes or subject to onward delivery by a third party.
- 15.3 We do not in any way exclude or limit our liability for:
- (a) death or personal injury caused by our negligence;
- (b) fraud or fraudulent misrepresentation;
- (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- (d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- (e) defective products under the Consumer Protection Act 1987.
16. Events outside our control
- 16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 16.2.
- 16.2 An “Event Outside Our Control” means any act or event beyond our reasonable control[, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- 16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- (a) we will contact you as soon as reasonably possible to notify you; and
- (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17. Communications between us
- 17.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
- 17.2 If you are a consumer:
- (a) To cancel a Contract in accordance with your legal right to do so as set out in Clause 8.1, please contact our Customer Services by e-mail at email@example.com. You may wish to keep a copy of your cancellation notification for your own records. If you send us such a cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
- (b) If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to Carr Gifts, 14 Armstrong Road, Englefield Green, Egham, Surrey. TW20 0RW. and/or firstname.lastname@example.org .
- 17.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
- 17.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
18. Other important terms
- 18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
- 18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- 18.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
- 18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- 18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- 18.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
- 18.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England.