Terms & Conditions
Our terms
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply our product (the Hamper(s)) to you. Any reference to Item is with reference to items (individually and/or collectively as applicable) contained within the Hamper(s). Any reference to website is with reference to elitehampers.co.uk.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Hamper(s) to you, how you and we may change or end the contract, what to do if there is a problem and other important information. Most importantly, these terms regulate the contract between us and you. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Elite Hampers Limited a limited company registered in England and Wales. Our company registration number is 13429966 and our registered office is at The Hangar, Hadley Park East, Telford, TF1 6QJ.
2.2 How to contact us. You can contact us by writing to us at via email at hello@elitehampers.co.uk or by post to The Hangar, Hadley Park East, Telford, TF1 6QJ.
2.3 How we may contact you. If we have 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.
2.4 “Writing” includes emails. 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 thanking you for your order, 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 in writing and will not charge you for the Hamper(s). This might be because the Hamper(s) is out of stock or an Item is not available, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Hamper(s) or because we are unable to meet a delivery deadline you have specified. You accept that any order placed is subject to availability.
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 (specifically England, Scotland, Wales and Northern Ireland). Our website is solely for the promotion of our Hamper(s) in the UK. Unfortunately, we do not accept orders from, or deliver to addresses outside the UK.
4. Our Hamper(s)
4.1 Hamper(s) may vary slightly from their pictures. The images of the Hamper(s) 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 Hamper(s). Your Hamper(s) may vary slightly from those images.
4.2 Hamper(s) packaging may vary. The packaging of the Hamper(s) may vary from that shown in images on our website.
5. Your rights to make changes
If you wish to make a change to the Hamper(s) you have ordered please contact us as soon as possible. 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 Hamper(s), 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 – Your rights to end the contract).
6. Our rights to make changes
6.1 Minor changes to the Hamper(s). We may change the Hamper(s):
(a) to reflect changes in relevant laws and/or regulatory requirements;
(b) for a like-for-like replacement of Items that may not be in stock at the time of your order (which we can do at our discretion); and
(c) to implement changes, adjustments or improvements to the Hamper(s).
6.2 More significant changes to the Hamper(s) and these terms. In addition, we may make the following changes to these terms or the Hamper(s), but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Hamper(s) paid for but not received and not yet dispatched for delivery for:
(a) price of the Hamper(s);
(b) any material change to the Hamper(s) ordered by you;
(c) any material change to these terms; and
(d) any addition or removal of our Hamper(s) from our product line.
7. Providing the Hamper(s)
7.1 Delivery. The costs of delivery will be as displayed to you on our website at the time of you making your order. If no specific date is provided by you then delivery will be within a reasonable time.
7.2 When we will provide the Hamper(s).
We will aim deliver them to you either on the date you have requested when placing your order or (if that is not possible) as soon as reasonably possible thereafter. Should it not be possible to deliver on the day requested, we will endeavour to contact you informing you of the same. Time will not be of the essence in respect of the delivery date.
7.3 We are not responsible for delays outside our control. If our supply of the Hamper(s) 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, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Hamper(s) you have paid for but not received.
7.4 Collection by you. We do not offer this service. Our Hamper(s) are delivery only.
7.5 If you are not at home when the Hamper(s) is/are delivered. None of our Hamper(s) can be posted through a typical sized letterbox so if you or the recipient are not available to take delivery when they are delivered, our courier will leave you or the recipient a note confirming that it has been left either with a neighbour or a safe place or it will be available for collection from a local depot. Should this happen and your Hamper(s) contain perishable items which by the time you or the recipient receive them are no longer able to be consumed we will not be liable to you for a refund of these items.
7.6 If you do not re-arrange delivery. If after a failed delivery to you and/or a recipient, you and/or a recipient do not re-arrange collection within 48 hours (24 hours if your Hamper(s) contains perishable items) of the failed delivery attempt we will contact you and/or a recipient for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 2 will apply. Should this happen and your Hamper(s) contain perishable items which by the time you or the recipient receive them are no longer able to be consumed we will not be liable to you for a refund of these items.
7.7 If you do not allow us access to deliver the Hamper(s). If you do not allow us access to your property or the recipient does not allow access to their property to deliver the Hamper(s) arranged (and neither have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property or the recipients property we may end the contract and clause 2 will apply. This clause also applies for deliveries to a recipient at a different address where it is assumed that such an address will have unencumbered access in order for us to deliver the Hamper(s). Should this happen and your Hamper(s) contain perishable items which by the time you or the recipient receive them are no longer able to be consumed we will not be liable to you for a refund of these items.
7.8 If the failure to delivery arises because of a fault by us or our courier then we will arrange redelivery at no cost to you (including any perishable items).
7.9 When you become responsible for the goods. The Hamper(s) will be your responsibility from the time we deliver the Hamper(s) to the delivery address(es) you gave us. We accept no liability if you provide an incorrect delivery address and we deliver the Hamper(s) to such an address.
7.10 When you own goods. You own a Hamper(s) once we have received payment in full.
7.11 What will happen if you do not give required information to us or accurate information. We will need certain information from you so that we can supply the Hamper(s) to you, for example, your address to where the Hamper(s) is to be delivered to, card details so payment can be taken, your full name and any other information requested from our website when placing your order. If you do not give us this information or if you give us incomplete or incorrect information, we will be unable to perform the contract. We will not be responsible for supplying the Hamper(s) late or not supplying any part of them if this is caused by you not giving us the information we need that you failed to provide or incorrect information. The information required will be marked as mandatory fields on our website.
7.12 Reasons we may suspend the supply of Hamper(s) to you. We may have to suspend the supply of Hamper(s) to:
(a) deal with any problems we have become aware of in respect of the Hamper(s) or make minor changes to the Hamper(s) or Items;
(b) update the Hamper(s) to reflect changes in relevant laws and/or regulatory requirements;
(c) make changes to the Hamper(s) as requested by you or notified by us to you (see clause 6); or
(d) at our own discretion generally such as (by example only) suspicion of fraud (not to be exercised unfairly).
7.13 Your rights if we suspend the supply of Hamper(s). We will contact you in advance to tell you we will be suspending supply of the Hamper(s), unless the problem is urgent or an emergency. If we have to suspend the Hamper(s) we will adjust the price so that you do not pay for Hamper(s) or adjust the price for the Hamper(s) if certain Items within the Hamper(s) are not available. You may contact us to end the contract for the Hamper(s) if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the Hamper(s) which you have not received.
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract or to get the Hamper(s) or Item replaced or to get some or all of your money back, see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
(c) If you have just changed your mind about the Hamper(s), see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Hamper(s) and/or Items;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.
8.2 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 at (a) to (e) below the contract will end immediately and we will refund you in full for any Hamper(s) which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the Hamper(s) or these terms which you do not agree to (see clause 2);
(b) we have told you about an error in the price or description of the Hamper(s) you have ordered and you do not wish to proceed;
(c) there is an issue with the Hamper and/or the Items;
(d) there is a risk that supply of the Hamper(s) may be significantly delayed because of events outside our control; and
(e) you have a legal right to end the contract because of something we have done wrong in breach of the contract.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For Hampers bought online you have a legal right to change your mind within 14 days from the date you purchase the Hamper(s) from our website in order to receive a refund subject to clause 8.4 below.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) the Hamper(s) being delivered during a period when the cancellation period of 14 days is still running;
(b) If the Hamper(s) contain perishable items such as cream, scones or cheese;
(c) Items sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or
(d) any Hamper(s) which become mixed inseparably with other items after their delivery.
8.5 How long do I have to change my mind? See clause 8.3 above.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract with us is completed when the Hamper(s) is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end and we will refund any sums paid by you for Hamper(s) not provided but we may deduct from that refund compensation for the net costs we will incur as a result of your ending the contract as well as covering any reasonable time cost we incurred on your order before your cancellation. For example, we may incur costs of ordering stock to accommodate your order which we may seek payment from you.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Email. Email us at hello@elitehampers.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address. You can adopt the template provided in Schedule 1 at the end of these terms and conditions when emailing us.
(b) By post. Print off the form at Schedule 1 at the end of these terms and conditions and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it, your order number, the reasons why you are requesting a refund and your name and address.
9.2 Returning Hamper(s) after ending the contract. If you end the contract for any reason after the Hamper(s) have been dispatched to you or you have received it/them, you must return it to us by posting them back to us at The Hangar, Hadley Park East, Telford, TF1 6QJ within 7 days of you receiving the Hamper(s). Depending on the condition of the Hamper(s) and the Items, you may be entitled to a partial refund allowing for reasonable deductions for our time costs as well as any Items returned which cannot be resold.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the Hamper(s) is/are demonstrably faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the Hamper(s) 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;
(c) In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the return and we do arrange the collection of the Hamper(s) from you (this is not always possible), we will charge you the direct cost to us of collection.
9.5 How we will refund you. We will refund you the price you paid for the Hamper(s) via the method you used for payment. However, we may make deductions from this, as described below.
9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which effects the ability for the Hamper(s) to be resold. If we refund you the price paid before we are able to inspect the Hamper(s) and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) 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 Hamper(s) within 3-5 days at one cost but you choose to have the Hamper(s) delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) Your refund will be made within 14 days from the day on which we receive the Hamper(s) back from you or, if earlier, the day on which you provide us with evidence that you have sent the Hamper(s) back to us. For information about how to return a/the Hamper(s) to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a/the Hamper(s) at any time by writing to you if you do not, within a reasonable time, allow us to deliver the Hamper(s) to you by either you or the recipient not being available at the delivery address provided or either you for the delivery of the Hamper(s) or the recipient not allowing access to your premises to deliver the Hamper(s).
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for Hamper(s) we have not provided but we may deduct or charge you for compensation for reasonable compensation for the net costs we will incur as a result of your breaking the contract. If the costs we have incurred exceed the amount we have on account we will invoice you for the balance.
10.3 We may withdraw the Hamper(s). We may write to you to let you know that we are going to stop providing the Hamper(s). We will let you know as soon as we can in advance of our stopping the supply of the Hamper(s) and will refund any sums you have paid in advance for Hamper(s) which will not be provided.
11. If there is a problem with the Hamper(s)
11.1 How to tell us about problems. If you have any questions or complaints about the Hamper(s), please contact us. You can write to us at hello@elitehampers.co.uk or via post to The Hangar, Hadley Park East, Telford, TF1 6QJ.
11.2 Summary of your legal rights. We are under a legal duty to supply Hamper(s) that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Hamper(s). Nothing in these terms will affect your legal rights.
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Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. See also clause 8.3. |
11.3 Your obligation to return rejected Hamper(s). If you wish to exercise your legal rights to reject Hamper(s) you must either post them back to us or allow us to collect them from you. If rejection is on the grounds of a fault with the Hamper(s) we will require evidence to support any alleged fault. We will pay the costs of postage or collection which may be deductible.
12. Price and payment
12.1 Where to find the price for the Hamper(s). The price of the Hamper(s) (which includes VAT) will be the price indicated on our website when you place your order. We take reasonable care to ensure that the price of the Hamper(s) advised to you is correct. However please see clause 2 for what happens if we discover an error in the price of the Hamper(s) you order.
12.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Hamper(s) we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Hamper(s) correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Hamper(s) correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.3 When you must pay and how you must pay. We accept payment via our website only with American Express, Visa, Mastercard or Apple Pay. Payment for our Hamper(s) are made up front and in advance on our website or if you are a corporate customer, in advance via bank transfer.
13. Our responsibility for loss or damage suffered by you
13.1 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.
13.2 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 Hamper(s) as summarised at clause 2.
13.3 We are not liable for business losses. If you use the Hamper(s) and/or Items 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.
14. How we may use your personal information
14.1 How we may use your personal information. We will only use your personal information as set out in our privacy policy.
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for Hamper(s) not provided.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree.
15.3 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.
15.4 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.
15.5 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 Hamper(s), we can still require you to make the payment at a later date.
15.6 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 Hamper(s) in the English or Welsh courts only irrespective of where you live in the UK. Before any court proceedings are commenced we would request that you engage with us first with a view to resolving any dispute you have with us before commencement of any potential court proceedings as required by the pre-action protocol for claims commenced in England or Wales.
15.7 Authority. When you are placing an order on behalf of an organisation or any legal entity that is not an individual you confirm that the person making the purchase on the organisations behalf has the authority to commit the organisation to these terms and it is reasonable for us to rely on such authority to create a legally binding contract.
15.8 Security checks. As there is always a risk of internet fraud, there is a possibility that we may contact you to make security checks. By placing an order with us, you are consenting to such checks.
15.9 Able to purchase. In order to enter into a contract with us for purchase of our Hamper(s) on our website you must be aged 18 years or over and complete all details asked of you in order to supply the Hamper(s) requested.
15.10 Authority to interact with third parties. You accept that by ordering from our website you are authorising us to liaise with third parties such as delivery and/or courier companies and administrators of the companies through which you are making payment.
15.11 Alcohol. If the Hamper(s) contain alcohol then the recipient must be 18 years or over. It is an offence for an under 18 year old to purchase or attempt to purchase alcoholic liquor under the Licensing Act 2003.
15.12 Corporate orders. We provide a service which enables organisations to order Hamper(s) from us directly via email at hello@elitehampers.co.uk. Should this method be adopted, then these terms apply to the fullest extent possible.
15.13 Reviews. If you submit a review, you grant us a non-exclusive, royalty-free right to use, reproduce, publish, distribute, and display such content in any media. You grant us the right to use the name that you submit in connection with such content.
15.14 Promotional Codes. We may promote Hamper(s) for which we may issue a voucher code. Only one voucher code to be used per single order and per customer, which cannot be applied retrospectively.
15.15 Storage of products. We require you and/or the recipient (to who you have the responsibility to notify) are required to store the Items in a correct manner once delivery is received. As some Items are perishable, we strongly recommend the Hamper(s) are opened on the same day as delivery so there is less risk of any Items being spoiled. We accept no responsibility for any items that are spoiled owing to incorrect storage after delivery.
15.16 Allergens. Items may contain allergens such as nuts, egg, milk & gluten. If you or the recipients do have such allergies (or any other allergy) and you are unsure if an Item within our Hamper(s) contains such allergens, please get in touch and enquire with us ideally before purchase of the Hamper(s). You should note that our Items are stored and packaged in environments in which nuts may be present. Details of ingredients of any of the Items are as supplied by the manufacturer, are shown on manufacturers’ packaging and/or are available on request.
15.17 Gift Messages. You have an option to leave a gift message and is included free of charge provided the message is recorded on one of our labels only. The gift message will either be handwritten or typed and placed within the Hamper(s).
Schedule 1 Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To: Elite Hampers Limited, The Hangar, Hadley Park East, Telford, TF1 6QJ
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] which were ordered under order number [*].
Name of customer: [*]
Address of customer: [*]
Signature of customer(s) [*] (only if this form is notified on paper),
Date: [*]
