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TERMS &
CONDITIONS
IMPORTANT LEGAL NOTICE
Please read these terms and conditions carefully before using
this Website
These Terms are issued by www.1600-gifts.com
1 INTRODUCTION
1.1 These terms and conditions (Terms) are issued by
www.1600-gifts.com (the Company). They apply to the entire
contents of the websites under the domain name
www.1600-gifts.com (the Website) whether you act as a private
individual and consumer ("Consumer").
1.2 By accessing any part of the Website, You shall be deemed
to have accepted these Terms in full. If You do not accept
these Terms in full, You must leave the Website immediately.
1.3 The Company may revise these Terms at any time by updating
this posting. You should check the Website from time to time
to review the then current Terms, because they are binding on
You.
1.4 You warrant that You possess the legal authority to enter
into any agreement and to use this Website in accordance with
its Terms.
1.5 Access to the Website may be suspended temporarily and
without notice in the case of system failure, maintenance or
repair or for reasons beyond the Company’s control.
1.6 The Company reserves the right to modify or withdraw,
temporarily or permanently the Website (or any part of it)
with or without notice and shall not be liable to You or any
third party for any modification or withdrawal of the Website.
2. LINKS TO THIRD PARTY WEBSITES
2.1 This Website may contain hyperlinks to websites operated
by parties other than the Company. The Company does not
control such websites and is not responsible for their
contents, availability or Your use of them. The Company's
inclusion of hyperlinks to such websites does not imply any
endorsement of the material on such Websites or any
association with their operators.
2.2 Any links to third party websites on this Website are
provided solely for Your convenience. If You use these links,
You shall leave this Website. If You decide to access any of
the third party websites linked to the Website, You do so
entirely at Your own risk.
1 ORDERING PRODUCTS
1.1 In these terms and conditions:
1.1.1 "Consumer" means a natural person acting outside
business purposes;
1.1.2 "Products" means any products purchased by you through
our Website;
1.1.3 “us/our or we” means 1600-gifts.com and any of
its authorised agents;
1.1.4 "Website" means www.1600-gifts.com
1.1.5 “you/your” means the Consumer or Business who orders the
Product(s).
1.2 All orders placed by you are subject to these terms and
conditions (Terms).
1.3 If you are a Consumer you must be over 18 to place an
order via our Website.
1.4 Whether you are a Business or a Consumer, you must have
the legal authority to order any Products via this Website.
1.5 If you order Products from our Website we will send you an
email confirming receipt of your order, your order number,
invoice address, delivery address, description of Products
ordered, the price and quantity of the products ordered, the
expected delivery date of the products and confirmation of any
message to be delivered with the products ordered.
1.6 Your order is an offer from you to us to purchase the
Products. Our acknowledgement of your order is not acceptance
of your order.
1.7 We shall insist on receiving payment of the whole of the
price for the goods that you order before your order can be
accepted. Once payment has been received by us we will confirm
that your order has been accepted by sending an email to you
at the email address you provide in your order form. Our
acceptance of your order brings in to existence a legally
binding contract between us.
1.8 Illustrations, photographs, dimensions and descriptions of
Products on our Website are intended as a general guide to the
Products only and do not form part of our contract with you.
Products may vary slightly in appearance from those depicted
on the Website.
3 PRODUCTS
3.1 All Products are subject to availability. In the event of
any supply difficulties, we reserve the right to substitute a
Product of equivalent value and quality without notice.
3.2 In the event that we are unable to supply the Products or
any substitute product to you at all, we shall notify you as
soon as is reasonably possible and shall reimburse your
payment in full and in any event no later than 30 days after
the intended delivery date.
3.3 We may deliver certain flower Products in bud to ensure
longer life. Any other special Product information, for
example, shelf life, shall be shown on our Website.
3.4 Some Products, flowers and plants may be harmful or
poisonous.
4 PRICES
4.1 The price payable for the Products that you order is shown
on our Website.
4.2 The Website shall detail whether our prices are shown
inclusive or exclusive of delivery which is charged
separately. Delivery costs will be shown separately in the
checkout before you enter your details for payment.
4.3 If the price of a Product is incorrectly shown and is
higher than stated on our Website we will either send you an
email informing you of the new price and asking you if you
want to proceed with your order or we will cancel the order
and inform you.
4.4 If the price of a Product is lower than stated on our
Website we will send you the Product and charge you the lower
price.
5 PAYMENT
5.1 We accept payment by credit and debit card. We will not
dispatch a Product until we have received payment from you. If
for any reason payment is refused after we have dispatched the
Products we will have the right to request the payment from
you or recover the Products from you and charge you for our
costs in recovering the Products or seeking further payment.
6 DELIVERY
6.1 We only deliver Products through our certified Florists
network in selected countries which are listed in our main
page. Please note that we are sometimes unable to deliver
selected products to some areas. Where possible we will advise
you of those restrictions before you place your order. If you
would like delivery to those areas or have a query about where
we deliver please contact customer services for further
details as we may be able to make delivery subject to an
additional charge. We will advise you at the time of your
order of any additional charges to remote areas which are not
normally delivered to by us.
6.2 Delivery dates, times and delivery cut-off times shall be
detailed on the Website when you order Products.
6.3 Whilst we agree to use all reasonable endeavours to ensure
that delivery will be on the requested delivery date or during
the delivery period, you acknowledge that actual delivery will
be via a local florist or for certain orders via third party
courier or postal service. In very occasional circumstances
delivery on the requested terms will not be possible. In such
circumstances you will be given prior notice wherever possible
and we shall either make alternative arrangements. You are
requested to allow up to an additional minimum of 24 hours
after the requested delivery date for delivery to be made.
6.4 We will deliver the Products ordered by you to the address
you give to us for delivery at the time you make your order.
We cannot guarantee when any item will be despatched and we
are unable to specify a time for delivery.
6.5 Some orders will require a signature on delivery. This
will apply in the case of delivery of certain Products or to
certain locations where a third party is involved, such as
offices, hospitals, Funeral Directors, airports, hotels, ships
and other business locations. The signature of any person
authorised to accept delivery on behalf of the organisation
shall be accepted as proof of delivery to your chosen
recipient.
6.6 You will become the owner of the Products you have ordered
when they have been delivered to you or the representative of
the recipient. You are responsible for any insurance (where
relevant) security after delivery. Once Products have been
delivered to you they will be held at your own risk and we
will not be liable for their loss or destruction.
6.7 Neither we, nor our florists network that we use shall be
liable for any failure to perform, where such failure or delay
results from any circumstances outside our reasonable control
including but not limited to any fire, flood, explosion,
accident, adverse weather conditions, traffic congestion,
mechanical breakdown, obstruction of any private or public
highway, riot, government act, act of war, terrorism, act of
God, or from any industrial dispute or strike whatsoever.
6.8 Please ensure that you enter full and accurate details,
including the address and the postal code, of the recipient.
We will not be responsible for any orders which are not
delivered due to incorrect or incomplete information being
supplied by you.
7 IF YOU CHANGE YOUR MIND - CONSUMERS
7.1 If you are a Consumer and subject to Clause 7.3, by law
you have the right to cancel your contract before you receive
the Products or to return any Products to us within 7 working
days after the date of receipt of the Product. It is your
responsibility to take good care of the Products to ensure
that the Products and their packaging are not damaged. If you
have already received the Products from us and wish to return
it please follow our returns policy set out in clause 10.
7.2 Once you have notified us that you are returning the
Products the cost of the Products will be re-credited to your
credit or debit card as soon as possible and in any event
within 30 days of your order provided that the Products in
question are returned by you and received by us. If you do not
return the Products delivered to you or you do not pay the
cost of returning them we shall be entitled to deduct the
direct costs of recovering the Products from the amount to be
re-credited to you.
7.3 Your right to cancel as specified in Clause 7.1 shall not
apply to:
8 IF PRODUCTS ARE DAMAGED OR FAULTY
8.1 Because of the perishable nature of many Products you are
advised to make any complaint within 2 working day of the
delivery date of your Products.
8.2 We guarantee 3-4 days of freshness for your flowers,
plants or associated items from the date of delivery. If any
flowers arrive damaged, die or wilt within seven days of
delivery you should take a digital photograph of them and
email it to Customers Service or take the flowers to the
florist shop that delivered them and we will replace the
flowers and deliver them to you free of charge.
8.3 If you want to return a Product to us other than in
accordance with clause 9, because it was damaged when
delivered or is faulty, please use our returns policy set out
in clause 11. If you want a refund not a repair or replacement
we will refund you the price and the delivery costs and the
cost of returning it to us. Please send us a receipt for the
return postage costs.
8.4 We will inspect all Products returned to us as faulty or
damaged. If we discover that they are not faulty or damaged we
may recharge you for the Products and the costs incurred by
us.
9 IF WE HAVE SENT YOU THE WRONG PRODUCTS
9.1 If we send you a Product that you have not ordered please
use our returns policy set out in clause 10. If you return it
to us we will refund the price, the original delivery costs
and the cost of returning it to us.
10 RETURNS POLICY AND COMPLAINTS
10.1 If you are returning a Product in accordance with clauses
9 or 10 or you have a complaint please contact the Customer
Services team by email. You will then be given a returns
reference number or customer service issue number (as
appropriate). You must quote this number in all
correspondence. Each return will be dealt with individually
and the most appropriate action agreed with you.
10.2 Where Products are being returned to us we advise you to
return Products by a secure postal method to the address given
to you by our customer services representative and obtain a
receipt as proof of returning it to us. If you have
difficulties returning the Products, for example, by reason of
their size, please contact us to arrange a suitable solution.
10.3 If you do not use the returns reference number on all
correspondence it may delay our response to you.
11 CANCELLATION BY US
11.1 We reserve the right to cancel the contract between us
if:
11.1.1 we have insufficient stock to deliver the Products you
have ordered; or
11.1.2 the price or description of the Products was listed
incorrectly due to a typographical error or an error in the
pricing information received by us from our suppliers.
11.2 If we do cancel your contract we will notify you by email
and refund any sum paid by you to your credit or debit card.
We will not be obliged to offer any compensation for loss or
disappointment suffered by you.
12 OUR LIABILITY
12.1 We will not be liable for any loss you suffer through
failure to use the Products in a normal and proper manner or
through altering or modifying the Products, failure to follow
any guidelines or using the Products in a careless or
negligent manner.
12.2 Our liability to you for death or personal injury caused
by our negligence is not limited.
12.3 Our liability to you other than for death or personal
injury caused by our negligence is limited to the cost of
replacement of the Products or refund of the price paid for
the Products.
12.4 We will not be responsible for:
12.4.1 any other loss you suffer through our failure to comply
with the terms of this contract. In particular we will not
have any liability for any loss that was not a reasonably
foreseeable consequence of our failure to comply with the
contract such as any loss of profit, opportunity or liability
to any third party; or
12.4.2 any failure to deliver Products or delay due to any
event or circumstance beyond our reasonable control.
13 INVALIDITY
13.1 If any part of these Terms are unenforceable (including
any provision in which we exclude our liability to you) the
enforceability of any other part of these conditions will not
be affected.
14 EVENTS BEYOND OUR CONTROL
14.1 We shall have no liability to you for any failure to
deliver Products you have ordered or any delay in doing so or
for any damage or defect to Products delivered if caused by
any event or circumstances beyond our reasonable control
including, without limitation, strikes, lockouts and other
industrial disputes, breakdown or systems or network access,
flood, fire, explosion or accident.
15 PRIVACY
15.1 You acknowledge and agree to be bound by the terms of our
privacy policy and Website terms and conditions of use.
16 ENTIRE AGREEMENT
16.1 These Terms together with our current Website prices,
delivery details, contact details, Website terms of use and
privacy policy, set out the whole of our agreement relating to
the supply of the Products to you by us. If you require any
change please make sure that you ask for these to be put in
writing. In that way we can avoid any problems surrounding
what us and you are expected to do.
Orders for next day delivery must be placed & payment
confirmed by 12 am on the previous day. Deliveries will be
made Monday – Saturday only, between 9am and 6pm. We cannot
guarantee specific delivery times. We do not deliver on
Sundays or on public holidays or Fridays (Arab Countries).
Products will be hand delivered from our network florists.
We are unable to deliver to APO addresses, PO Boxes,
Hospitals, Hotels, Arriving/Departing ships or plane etc
Some destinations require an extended delivery lead time of 2
working days:-
To avoid problems or delays with delivery, please ensure that
you have included the full address details, including accurate
postcode of the intended recipient and telephone valid number,
together with your daytime contact telephone number or e-mail
address so that we can notify you in the event that any
delivery problems are encountered.
In the case of delivery to certain locations, where a third
party is involved, such as offices, hospitals, Funeral
Directors, airports, hotels, ships and other business
locations, the signature of any person authorised to accept
delivery on behalf of the organisation shall be accepted as
proof of delivery to your chosen recipient. Please be advised
that some products are unsuitable for delivery to Funeral
Directors, Hospitals, airports or ship.
Please note that the florists network is only responsible for
delivering to the address you quote (or to a neighbour if no
one is at home) we regret that where the goods have been
correctly delivered we cannot accept responsibility if the
intended recipient has moved, or lives elsewhere, and the
actual receiver refuses or fails to return item(s). Where the
carrier is unable to find someone to accept delivery they will
deliver to a neighbour, leave in a secure location or leave a
card at the address for the recipient to make contact.
17.1 Before placing your order, please review delivery cut-off
times & prices.
Orders may be amended or cancelled up to 3 working days before
the intended delivery date. Because of the perishable nature
of most products and in order to assist us in resolving any
complaints quickly and to our mutual satisfaction, we advise
you to make any complaint within 1 working day of the date of
delivery or intended delivery of your purchase.
Contact us:
General Enquiries & Customers Support:
contact@1600-gifts.com
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