www.thehomeandgiftshop.com is a site operated by The Home and Gift Shop ("we" or "The Home and Gift Shop"), which is a business of WCF Ltd. WCF Ltd is registered in England and Wales under company number 2263148 and has its registered office and main trading address at Crawhall, Brampton, Cumbria CA8 1TN. Our group VAT number is 442 8145 56.
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
Use of our site is restricted to customers aged 18 or over.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Dated: July 2012
The terms and conditions ("Terms") on which we sell the products available on our site ("Products") to you are as follows:
1. 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 site. Please note that before placing an order you will be asked to agree to these Terms.
2. You should print a copy of these Terms or save them to your computer for future reference.
3. We amend these Terms from time to time as set out in paragraph 15 below. 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 the date set out above.
4. These Terms, and any Contract between us, are only in the English language.
5. To contact us, please see our Contact Us page.
6. The images of the Products on our site 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.
7. We recommend you use our Size Guide before selecting any Products with different sizes.
8. All Products shown on our site are subject to availability. We will inform you by telephone or email as soon as possible if the Product you have ordered is not available and we will not process your order if made.
10. To place an order on our site, you will need to take the following steps:
(a) select the required Product(s), including your required size, colour and quantity and add the Product(s) to the shopping basket;
(b) once you have finished shopping, select the checkout option;
(c) enter your personal details (being your name, billing and delivery address, contact details, and details of where you heard about us);
(d) select whether or not to register so as to avoid having to re-enter your details the next time you wish to purchase Products from us;
(e) select your mailing preferences;
(g) check your details on the order summary page; and
(h) place your order and be directed to the secure Sage Pay website to enter your card details for payment.
11. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to check your order at each page of the order process.
12. After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in paragraph 13.
13. We will confirm our acceptance to you by sending you an email that the Products have been dispatched ("Dispatch Confirmation"). The Contract between us will only be formed when we send the Dispatch Confirmation.
14. 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 paragraph 39, we will inform you of this by telephone or email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
15. 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.
16. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
17. Whenever we revise these Terms in accordance with paragraph 15, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the beginning of these Terms.
Please note that in addition to this legal right to cancel a Contract, The The Home and Gift Shop offers its own returns policy which is described in paragraphs 25 to 28 below.
18. You have a legal right to cancel a Contract (under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in paragraph 20. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
19. However, this cancellation right does not apply in the case of any made-to-measure Products such as our alteration service.
20. Your legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of seven working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays and public holidays are not included in this period.
21. To cancel a Contract, you must contact us in writing by sending an email to firstname.lastname@example.org or by sending a letter to The Home and Gift Shop, Crawhall, Brampton, Cumbria, CA8 1TN.
22. You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case within 30 calendar days of the day on which you gave us notice of cancellation as described in paragraph 21. However, if you have returned Products to us because they are faulty or not as described, we will refund the price of the defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us. We will refund you on the credit card or debit card used by you to pay.
23. If the Products were delivered to you:
(a) you must return the Products to us as soon as reasonably practicable;
(b) unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us; and
(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
24. Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
Please note that this return policy is in addition to the legal rights you have to cancel any Contract which we describe in paragraphs 18 to 24 and your 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.
25. If for any reason you are not satisfied with any Product you have purchased from us, you may return the Product to us and receive a full refund for the amount you paid for that Product.
26. If we delivered the Product via Royal Mail you can use the postage-paid returns label which was included with the Product when we delivered it to you. For large Products we can arrange for a courier to collect the Product from you at no cost to you.
27. If you are returning all Products which were purchased under an order, we will also provide a refund of the delivery charges that you paid in relation to that order.
28. We will refund you on the credit card or debit card used by you to pay for the Products.
29. We will endeavour to fulfil your order as soon as possible. If we expect delivery to take longer than usual (for example, if the Product you have ordered is not currently in stock) we will call or e-mail you to advise you of the expected delivery date. If the expected delivery date is not to your satisfaction you may cancel the order and receive a full refund.
30. Delivery will be completed when we deliver the Products to the address you gave us. If no one is available at your address to take delivery of Products which cannot be posted through your letter-box, Royal Mail or our courier will leave you a note explaining that they tried to deliver the Products and which contains details of how to rearrange delivery or collect the Products from the post office or from the courier.
31. The Products will be your responsibility from the completion of delivery.
32. You own the Products once we have received payment in full, including all applicable delivery charges.
33. If you order Products from our site for delivery to a destination outside the UK, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
34. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
35. 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 paragraph 39 below for what happens in this event.
36. 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.
37. 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 may adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
38. 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 Delivery Times and Charges page.
39. 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 we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancel 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. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a pricing error, we do not have to provide the Products to you at the incorrect (lower) price.
40. You can only pay for Products using a debit card or credit card. We accept the following cards MasterCard, Visa, JCB, Diners, American Express and Maestro.
41. Payment for the Products and all applicable delivery charges is on despatch of goods.
42. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
43. We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
44. 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.
45. 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" 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.
46. 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) out 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.
Communications Between Us
47. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by email or by pre-paid post to The Home and Gift Shop at email@example.com or Crawhall, Brampton, Cumbria. We will confirm receipt of this by contacting you in writing. If you are exercising your right to cancel under paragraph 18, please refer to paragraph 21 for how to tell us this.
48. If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
49. 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. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
50. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
51. 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.
52. 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 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.
You must not misuse our site 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 site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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 cooperate 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.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses 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 material posted on it, or on any website linked to it.
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. These 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 reference and you may draw the attention of others within your organisation to material posted on our site.
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 material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
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, but 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 from any website that is not owned by you.
Our site must not be framed on any other site, 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.
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, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
If you have any concerns about material which appears on our site, please contact us at Crawhall, Brampton, Cumbria, CA8 1TN .