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These terms and conditions (the "Terms and Conditions") are the terms and conditions upon which Gifting Direct Limited ("we/us") makes this website (the "Gifting Direct Site") available to you and any of our services which are accessible on or via the Gifting Direct Site (the "Gifting Direct Service").
The Clients responsibility of care.
It is the duty of the sending client to ensure that the information provided to Gifting Direct relating to the required delivery address is complete and accurate in all details, including postcode and telephone number. While Gifting Direct will do everything in its power to verify addresses, Gifting Direct cannot be held responsible for any failure however occurring should incorrect information or information be omitted when provided by the client.
It is the responsibility of the sending client to ensure that a recipient is available to receive the gift consignment ordered and then delivered on the day, date and at the address the sending client designates for delivery. Gifting Direct cannot be held responsible in any way for a gift consignment left with neighbour or returned to depot once an attempted delivery has been made.
These Terms and Conditions govern your use of the Gifting Direct Site and the Gifting Direct Service.
1. Gifting Direct products
1.1 All Gifting Direct Products as depicted on this website (as may be varied from time to time) are available almost everywhere on the UK Mainland.
1.2 Gifting Direct Floral Products may be delivered by us in bud to ensure longer life.
1.3 Some Gifting Direct Products, Flowers and Plants may be harmful to individuals please ensure you are aware of the potential of living plants and cut flowers to harm individuals especially the young, the elderly and those at risk.
1.4 All Gifting Direct Products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute a Gifting Direct Product of equivalent value and quality without notice. Clients must make themselves aware that products may vary from the picture/description shown online in various colours, tones shape and content. If accuracy to picture and description are important to the client, then it is imperative and incumbant on the client to call the contact centre to confirm same.
1.5 In the event that we are unable to supply the Gifting Direct Product or any substitute product to you at all, we shall notify you as soon as is reasonably possible. It is up to the client to provide accurate and effective communication details for contact.
1.6 In the day immediately prior to and after a bank holiday period or period of peak trading, all orders are deemed open orders. OPEN ORDERS are those taken for specific days when supply may be limited because of logistical necessity. OPEN ORDERS are also used ina state of emergency or neccesity. Such as times when there is limited transport facility for delivery either of supply or delivery to the receipient. Examples when OPEN ORDERS may be introduced include bad Weather, storms, snow, civil unrest, strikes, volcanic ash and similiar occurances. The days preceding and immediately after bank holidays are one such time, in that fresh supply is not always available of all products. Gifting Direct will endeavour to meet your requirements as much as possible, but reserve the right to substitute a product or genre nearest and available on the day requested for delivery.
2. Prices
2.1 Prices are as set on the website and may be changed from time to time and seasonally.
2.2 Prices include VAT and in some cases include delivery in the mainland UK.
3. Orders / Payment
3.1 Clear instructions are given to follow to Order process, you are required to provide complete relevant personal details, inparticular an accurate postcode, together with that of the recipient. By necessity accurate payment details are required before completion of the order process. We accept payment by all major credit and/or debit cards. We do not accept Electron, Solo, Store cards. By processing the Order, you consent to be bound by our terms and conditions as they appear on the Gifting Direct website.
3.2 Submitting an order via the website is subject to our acceptance of this offer. A confirmation of acceptance of an order request by e-mail will be sent to a fully functioning legitimately held client e-mail address when supplied with order. This order request acknowledgement does not indict that a a valid contract exists. No contact exists until all security checks have been completed, including a full postcode and security check on the recipient address. Finally to complete a contract a fully authorised and security checked payment must occur successfully.
3.3 We will confirm your order details and advise you vai an online tracking and order status facility on the website
3.4 We do not accept orders from minors or any person under eighteen (18) years.
4. Delivery
4.1 Gifting Direct Delivery has varied delivery rates as stated on the website and these are applicable on the Mainland UK. Be aware that difficulties to remote areas of Mainland UK may involve additional time or fees to proceed with completion of delivery.
4.2 Specific timed Delivery such as a ‘Pre Noon’ is available. See the website for details. Certain products are available for Saturday delivery only and a charge may be levied for such deliveries. Saturday delivery of certain items is only available with a pre Noon timed delivery service. All delivery options are subject to availability and may be withdrawn without notice during busy periods.
4.3 On acceptance by us of your order you will be advised of the intended delivery date. For same day delivery within the UK, we must receive your order by 15.00 (BST) We will process orders from the weekend and bank holidays on the next working day. We do not deliver on Sundays, bank or public holidays orders received for such dates will be delivered in the following two working days.
4.4 Incorrect personal details will lead to problems and delays in processing and delivery, therefore, please ensure that you have included the full and correct address details, including accurate postcode of the intended recipient and your daytime contact telephone number. All orders for remote areas or international orders must be accompanied with a valid telephone number for the recipient.
4.5 We agree to use reasonable endeavours to ensure delivery on the requested delivery date you must acknowledge that actual delivery will be via a courier or local tradesperson and in occasional circumstances delivery on the requested terms will not be possible. In such circumstances you will must accept that a situation of Force Majeur exists. It is the responsibility of the sending party to ensure that a recipient is available at the address stated on the date required or instructions left to deliver either to a neighbour where a signature is gained, or to instruct to leave on the premises at the sender’s risk.
4.6 Increased security measures in place after recent terror threats mean that delivery to certain locations where a third party is involved, such as hospitals, airports, corporate bodies, military bases, hotels and ships; the signature of any person authorised therein and belonging to the organisation/facility shall be accepted as proof of delivery.
4.7 In respect of orders which require delivery over water, by ferry or air to areas off-shore to Mainland UK. The minimum delivery fee for items up to 10 kilo is £20.00. These offshore aeras include all off-shore Scottish Islands, Isle of Man, Isle of White, Channel Islands, and Northern Ireland. In all cases Orders for these islands must be placed by Telephone with our sales office to ascertain delivery cost and available timings of Delivery.
Outside UK, Overseas & International Delivery.
It is always advisable to call the International order telephone number +(44) 0208 328 1144 when wishing to send and, or deliver any gift to Eire, Europe, and, or the rest of the world as there are obvious greater charges, weight restrictions and longer deliver times involved. It is incumbant upon the sender of any order that they should provide correct information and a valid telephone number for the recipient.
All orders are calculated in British Pounds £ Sterling. All orders placed from other countries and international orders where a currency conversion is calculated by the charge card company, these calculations are not the responsibility of Gifting Direct Ltd. Currency variations, whereby they be on orders, refunds or charges replaced for any reason as completed by Gifting Direct Ltd are in British Pounds £ Sterling and any deviation due to currency transactions are the responsibility of the overseas purchasing client.
An indication of costs per world area/time zone is given here.
Zone 1 includes. Belgium, France, Monaco, Germany, Luxemberg, Netherlands, Eire as Republic of Ireland, Charges for Zone 1, Two-Three day delivery £20.00
Zone 2 includes Austria, Denmark, Liechtenstein, Switzerland. Charges Zone 2, Two-Three day delivery £22.00.
Zone 3 includes, Czech Republic, Italy, Slovakia, Spain, Two-Three day delivery £23.95,
Zone 4 includes, Estonia, Finland, Hungary, Poland, Portugal, Slovenia, Sweden. Three-Four Day delivery, £25.95,
Zone 5 includes Bosnia-Herzegovina, Bulgaria, Croatia, Iceland, Latvia, Lithuania, Montenegro, Norway, Romainia, Serbia, Three-Four Day delivery £ £40.00.
Zone 6 & 7 by air and the rest of the world £50.00 plus. Some countries require a Customs Clearance Charge ( not in Europe with the exception of Switzerland) in advance of shipping which can be from £25 to £105 for Russia in Zone 7.
4.8 It is possible to select a preferred delivery period within the order process and whilst every effort will be made to ensure your order is delivered at time selected, no guarantee for delivery by the time specified can be given.
4.9 If difficulties in delivering an order to a recipient are experienced we reserve the right to contact the recipient using the contact details given during the order process.
5. Cancellation
5.1 Orders may be amended or cancelled up to 24 hours before the intended delivery date for Mainland UK, once placed International orders are dispatched if this is the case cancellation of such orders is not possible.
5.2 To amend or cancel your order, please contact the Gifting Direct Customer Service Team from 8.30 am until 6pm Monday to Friday and from 9.00am to 12.00 Noon Saturday using the contact details set out in Section 6 below.
5.3 Successfully cancelled orders will be refunded in full within 7 days of the cancellation being successful.
5.4 You are entitled to cancel any payment at any time where fraudulent use has been made of your credit or debit card by another person. On such occasions it is the policy of Gifting Direct Ltd to involve the Police. Cases of fraud and theft will be followed up and offenders prosecuted.
6. Gifting Direct customer services
6.1 In the event that you are not satisfied with the Gifting Direct Service Please contact:
By email: contact.centre@GiftingDirect.co.uk
By telephone: 0208328 1144
By fax: 08456 010 054
By post: Customer Care
Gifting Direct
Dalton House
Windsor Avenue. London. SW19 2RR.
6.2 Our Customer Service\ Contact Centre is available from 9.30 am to 4pm from Monday to Friday and 10.30am till Noon on Saturday.
6.3 Because of the perishable nature of many Gifting Direct Products and in order to assist us in resolving any issues to our mutual satisfaction, please be advised to make any complaint within 1 working day of the date of delivery.
Refund & Customer Complaints Policy
Customer complaints and or deemed failures of service must be notified to Gifting Direct within the period as set out in Clause 5 & 6. All complaints will be investigated fully. Investigations will begin in one or all of the following areas, failure of service, failure of product, failure to complete delivery through unforeseen circumstances, and inaccurate or late information provided by client. Refunds and or compensatory gifts will be issued on a basis deemed commensurate with the failure and the nature of any failure found to exist.
No party is permitted to seek betterment from a customer complaint or service failure.
7. Disclaimer
7.1 Whilst Gifting Direct agree to use reasonable endeavours to ensure that the Gifting Direct Site and/or the Gifting Direct Service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the Gifting Direct Site and/or the Gifting Direct Service and shall be released from our obligations under these Terms and Conditions in the event of any cause beyond our reasonable control which renders the provision of the Gifting Direct Site and/or the Gifting Direct Service impossible or impractical.
7.2 (a) We accept liability for death or personal injury arising from our negligence.
(b) Subject to clause 7.2(a), our liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your Order Form with us shall be limited to a multiple of no more than [3] times the price you have paid for the Gifting Direct Products.
(c) Subject to clauses 7.2(a) and 7.2(b) above we exclude all liability for any claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly out of or in any way connected with your use or inability to access the Gifting Direct Site and/or the Gifting Direct Service, whether arising in contract, tort (including negligence), under statute or otherwise PROVIDED THAT nothing contained in these Terms and Conditions affects or will affect your or the recipient's statutory rights in relation to the quality, fitness or description of the Gifting Direct Products supplied.
(d) Subject to clauses 1.5 and 4.5 above, we shall not be liable for any delay or inability to perform our obligations to you if such delay is due to any cause whatsoever beyond our reasonable control.
8. General
8.1 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Gifting Direct Site and/or the Gifting Direct Service from time to time. We will post any changes on the Gifting Direct Site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Gifting Direct Service or Gifting Direct Site. Changes will be effective eight (8) hours after the posting of any such change and all subsequent dealings between you and us shall be on the new terms and conditions.
8.2 Additionally, we reserve the right to suspend, restrict or terminate access to the Gifting Direct Site and/or the Gifting Direct Services for any reason at any time.
8.3 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Gifting Direct Site, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
8.4 We shall ensure that we comply with the requirement of all current data protection legislation including, without limitation, the Data Protection Act 1998 (as replaced, modified or re-enacted from time to time). We shall only use personal data received from you for the purpose of fulfilling our obligations under these Terms and Conditions and as stated in our Privacy Policy..
8.5 A person who is not a party to the agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists apart from that Act.
8.6 Save in respect of fraudulent misrepresentation, this agreement (including any documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets forth the entire agreement and understanding between you and us relating to the subject matter hereof.
8.7 Your purchase will be deemed to have occurred in the UK. These Terms and Conditions shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English courts.
9.0 These terms and conditions must be read in conjunction with the delivery information as set out on the Gifting Direct website .
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