Terms And Conditions
TERMS AND CONDITIONS
These terms and conditions ('the Terms') govern the users ('you' or 'your'), use of the www.hamper.com ('the website') and relationship with Clearwater Hampers Ltd and its subsidiaries (“Clearwater”), also trading as the website(s) whose registered office is at 36 Innovation Drive, Milton Park, Abingdon, Oxfordshire, United Kingdom, OX14 4RT. Company Number 06167203. VAT Number - 907467994. AWRS Number - XJAW00000101727.
Please read them carefully as they affect your rights and liabilities under law.
By making a purchase from our website(s) or from Clearwater Hampers Ltd by phone or email, or in writing you agree to be bound by the Terms at the time of the transaction.
We reserve the right to update these Terms from time to time and any changes will be shown on the website(s).
You warrant that the personal information which you provide at registration or subsequently is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.
In relation to your personal data, we act as Data Controller and it is very important that the personal data that you give us is correct and kept up to date. If you give us personal data about someone else, it is for the purpose of delivering of the goods and service and so we may share your/their data with a third party to facilitate the delivery process of the goods ordered.
5. Protecting Your Security
We take the risk of internet fraud seriously. There is a possibility we may contact you to make security checks and we ask for your co-operation. By accepting these Terms you consent to such checks being made.
The website(s) may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website(s) and use. You agree not to upload or transmit through the website(s) any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive or of an obscene character.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of our website(s) or any other person accessing the website(s) using your personal information.
8. Third Party Links
As a convenience to our customers, the website(s) may include links to other websites or material. Whilst these links are provided with the intention that they will be of benefit to our customers, we will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services on such external websites.
All orders are subject to acceptance and availability.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the website(s). The conclusion of a contract between you and us will take place when a recorded delivery attempt has been made to the address(s) you have specified and payment has been received.
You will assume the risk for the products once they have been delivered to the delivery address which you specified. We accept no liability if you provide an incorrect delivery address.
10. Cancellation – Cooling Off Period
In order to ensure customers, receive the best level of service we offer a returns policy in the unlikely event that you are not satisfied with the goods delivered. Please note that the returns procedure below and any agreement reached must be followed. Also, please be aware that we cannot be held responsible and provide refunds/exchanges on hampers affected by circumstances beyond our control. This includes but is not limited to damage and neglect after goods are delivered or goods being stored in extremes of temperature.
In order to arrange a return, please contact us as soon as possible and within 14 days of delivery of your order. You must inform our customer service team in writing of the order number, the item and the reason for the requested return. Returned parcels must be packaged securely the items included. Return procedures must be followed and any return postage or delivery costs associated with the return of your parcel are at your own cost. Goods returned must be in their original unused condition and in the packaging in which they arrived.
Once received returned items will be checked and any agreed refunds or exchanges will be made within 14 days. The full cost of the item will be refunded, any additional delivery fees paid at time of order will not refunded unless agreed in writing with a member of the Clearwater staff..
Should you, for any reason, request to cancel an order prior to despatch, you agree to reimburse any loss incurred by Clearwater. In the event that a customer cancels the order after despatch Clearwater reserves the right to charge an administration fee and any costs incurred up to that point of cancellation.
EXCEPTIONS - If your order contains any of the following items we will be unable to refund or replace your order once it has been delivered:
1. Fresh food gifts (including cheese, meat or fish)
2. Personalised and branded goods
3. Bespoke hampers. If your hamper is purchased using the create your own service or created to your requirements by our sales team.
Hampers that are delivered damaged or have defective contents must be notified to customer services within 48hrs of delivery. We will send a replacement hamper as soon as possible of the same type or an alternative hamper of the same value or higher will be offered. If another hamper is no longer required a refund will be offered, however we reserve the right for the item to be returned to us first at our cost for further inspection, so we can investigate the issue further. Any refund or return postage/delivery costs will reimbursed within 14 days, once we have received the returned goods and deemed to be defective or damaged.
11. Price and Payment
Payment may be made by Visa/MasterCard, American Express, Maestro, PayPal or Amazon Payment, and should be made with an order unless a credit account has previously been arranged. Payments for an agreed credit account are due 28 days from date of invoice or as specifically agreed and should be paid by bank transfer unless specifically agreed otherwise.
Any discounts agreed on an order will apply only to amounts paid in accordance with the agreed terms and interest will be charged on all overdue accounts at a rate of 1.5% per month.
Prices agreed for offline purchases are agreed on acceptance by Clearwater of a duly authorised purchase order.
Title to goods remains with Clearwater until all sums due are paid in full.
Our hamper range is reviewed regularly but in full in September each year. Purchasers are advised to check and confirm prices of hamper orders placed before this date for despatch following it. Purchases on the website(s) will be charged at the prices ruling at the date of the order and are inclusive of VAT sales tax. We reserve the right to amend prices from time to time.
Orders with a delivery address outside the UK may be subject to opening and inspection by local customs authorities. In respect of such orders the recipient is deemed to be the importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered and be subject to import duties and taxes. In the event that our carriers report any such import duties we will agree with you the settlement of such duty.
VAT is payable on hampers despatched from Clearwater dependent upon the country and tax authority of the destination territory, not the country of the customer. VAT is chargeable for hampers despatched to the UK & Europe except for the following countries; Channel Islands, Andorra, Monaco & San Marino. VAT is not charged on any of our items if delivered outside EU Europe, regardless of where you are situated when the item is ordered.
We take advantage of the HMRC rules for the VAT sales tax relating to ‘mixed good supplies’ and to ‘linked goods supplies concession’. These allow VAT, (including that on any despatch cost included in the total hamper price) to be charged in proportion to the amounts of VAT-able and non-VAT-able items in the hamper. The overall VAT rate may therefore be less than 20% or the prevailing standard VAT rate.
You confirm that you are authorised to use the payment method you select. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card does not authorise payment to us we will not be liable to you for any delay or non-delivery.
You may only use one discount code with each order. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.
12. Eligibility to Purchase
To be eligible to purchase goods on the website(s) and lawfully enter into and form contracts with Clearwater under English law you must:
If an individual, be 18 years of age or over; and
Register your real name, address, phone number, e-mail address and any other details requested.
By offering to purchase goods and services you authorise us to transmit information (including updated information), and to obtain information from third parties, including but not limited to, administrators of the payment method selected.
It is a criminal offence to purchase or attempt to purchase goods with a stolen credit card, or with stolen personal details, or with a false name. We will take appropriate action if we discover any person is attempting to fraudulently purchase goods from our website.
We reserve the right to withhold goods and terminate any account details with anybody whom we suspect of fraudulent practice and / or breach of these terms and conditions.
13. Intellectual Property
The content of the website(s) is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the website(s) shall remain with us or our licensors.
You may retrieve and display the content of the website(s) on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the website(s).
14. Limitation of Liability
Notwithstanding any other provision in the Terms, nothing in these Terms:
Affects or limit your rights as a consumer under English law; or
Will exclude or limit our liability for death or personal injury resulting from our negligence.
The website(s) are provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, whether expressed or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the website(s) and any information provided by you. You must bear the risk associated with the use of the internet.
We disclaim all liabilities in connection with the following:
- Incompatibility of the website(s) with any of your equipment, software or telecommunications links;
- Technical problems including errors or interruptions of the website(s);
- Unsuitability, unreliability or inaccuracy of the website(s); and
- Failure of the website(s) to meet your expectations.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of, or are related to the website(s).
If any part of the Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
17. Entire Agreement
These Terms form the entire basis of any agreement reached between you and us.
18. Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.
19. Food & Drink
To make the most of the goods content, we recommend that the food and drink items are consumed as soon as possible after delivery. Some items can be kept for many months, but some require immediate consumption & refrigeration, these include but are not limited to cheese, fruit, bread, meats & cakes. We cannot accept liability for spoiled products if the items in the order are not stored in the correct manner once delivered.
Please note that that food items may contain allergens such as nuts, egg, milk & gluten and you should be aware that our hampers are stored and packaged in environments in which nuts may be present. Details of ingredients of item are as supplied by the manufacturer, are shown on manufacturers' packaging and/or on our website(s) and are available on request.
Many of our gifts contain alcohol, therefore the minimum age to order from our site is 18 years of age. It is an offence to purchase or attempt to purchase alcoholic liquor under the Licensing Act 2003
We aim to deliver our goods to UK addresses within 2-3 working days on our free standard UK delivery option. If you have selected and paid an additional premium for one of the upgraded and premium delivery services we may give you the option of choosing or indicating a day for delivery, neither Clearwater nor our carriers guarantee any time or date of delivery: there are sometimes events beyond our control that may affect the delivery date and normal transit times. We will do everything we can to arrange deliver on the date requested we have a very high success rate in achieving delivery on customers’ preferred date. We do however recommend you select a preferred delivery date allowing for any possible delays including the recipient not being home when the delivery is attempted.
Saturday delivery is an upgraded delivery service to UK mainland addresses and may include an additional fee, but as above, we do not guarantee a parcel will arrive on the preferred day. Saturday deliveries are not available to business addresses, and hospitals, hotels and universities and other educational establishments.
Our third party contracted carriers will only hold the parcel for a limited time after an attempted delivery when a calling card has been left, and if the recipient does not respond to the card the parcel will be returned to us. If we are requested to re-send or redirect the parcel there may be additional charges. – this may be up to 50% of the original cost of the order depending on circumstances and contents. In the event of non-delivery within the UK due to an incorrect address or recipient information supplied by the purchaser, if the recipient specified by the customer refuses to accept the parcel or the purchaser should cancel the order after despatch, Clearwater reserves the right to make a charge of up to 50% of the cost of the original order for re-directing or arranging return re-sending the order. We are unable to refund the cost to you in returning any item unless the item was faulty.
Notification of damages or non-delivery must be made in writing to Clearwater Hampers within 14 days of the due delivery date. We will not accept claims for compensation or refunds after this period.
For deliveries to hospitals, universities, colleges, military bases, work addresses etc., please be aware that the driver is required only to deliver to the address on the label – not directly to the recipient and we cannot be held responsible for delays incurred from the parcel being delivered to the address and being received by the recipient. Delivery to these locations is not available on Saturday.
Please check that hospitals will allow deliveries of food items or drink to the relevant ward and ensure the ward details are entered when completing the address details. For deliveries to blocks of flats, it is important that the driver is able to gain access for a card to be left or to attempt delivery. Unfortunately, we are unable to arrange delivery to PO Box or BFPO addresses or similar.
BANK HOLIDAYS - We are unable to delivery on UK Bank Holidays
We despatch our hampers for delivery around the world subject to available destinations for each hamper as shown, but due to the sensitive nature of importing food products and the inconsistency of customs regulations by border controls we regret that we are unable to refund delivery charges or the value of the hamper in the event of a failed delivery outside the UK. (See also notes under 11 above regarding customs duties on deliveries outside the UK).
Some products available for international delivery are despatched in the country to be delivered using a third party supplier in that country. Whilst we maintain a high quality service and product availability in the UK, we are unable to guarantee availability or service standard of our third party suppliers. All our third party suppliers must maintain a level of service and quality expected by Clearwater.
For more information on our delivery policy
We reserve the right to amend competition terms from time to time.
Competition rules will be deemed incorporated into each competition except to the extent that any specific instruction in a competition provides otherwise. By entering any competition entrants will be deemed to have read and understood the Terms and be bound by them. All of our decisions will be final and binding and no correspondence will be entered into.
Any person who is an employee or an immediate family member of an employee of Clearwater or any other person who is directly connected with the organisation of any particular competition is ineligible to participate. Competitions are only open to residents of the UK. All entrants are to be aged 18 or over.
All entries must be received by the closing date specified. Answers will be entered upon submission. No responsibility will be taken for any answers that are misdirected, lost for technical or other reasons or received after the closing date.
We reserve the absolute right to disqualify without notice any entries to any competition which we consider have used improper technical means to enter and/or we believe is fraudulent. Entrants are liable for their costs to access computer networks.
We will not be liable for or accept any responsibility for: (i) any failure by the winner or any entrant to comply with these terms and conditions; (ii) any disruption, delay or misdirection of entries; or (iii) any server, system or network failures, malfunctioning or inaccessibility.
We shall be the promoter of all competitions subject to these terms and conditions unless stated otherwise. If for any reason an advertised competition prize is unavailable we reserve the right at our absolute discretion to substitute a similar prize of equivalent or greater value. Only one prize will be awarded per household. There will be no cash or other alternative to the prize offered and prizes are not transferable.
The winner's name will be selected in a random draw, after the closing date, from all correct answers received. The winner of a prize will be notified within 28 days after the winner has been ascertained. If the winner of a competition is unable to take up a prize for any reason or if the winner cannot be notified after reasonable efforts having been made, then we may dispose of the prize as we think fit without any liability to the winner for having done so. The names of the winners may be published on our website(s)and/or on any social media platform.
If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Clearwater the right to use the name that you submit in connection with such content. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Clearwater.
The content and material is accurate;
Use of the content and material you supply does not breach any applicable hamper.com guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).
23. Loyalty Reward Points
Subject to stated availability at any time You earn reward points each time you purchase on our website(s) for every £1 you spend you earn 2 hamper reward points. Each point is worth a penny, so if you spend £100 on your order, you would earn 200 reward points which converts to £2 off a future purchase. The reward points really do add up - we know because we see how much customers save when they spend them! Watch out for special Hamper.com reward points promotions from time to time for the chance to earn extra reward points.
Clearwater reserves the right to withhold reward points, revoke any reward points or cancel the discount from the reward points if issued as a result of fraudulent use or errors caused by customer, Clearwater staff or automated systems.
24. Corporate Orders
Samples may be provided for potential large multiple corporate orders. These remain the ownership of Clearwater until an order has been placed or the account manager has acknowledged in writing that these samples can be kept without charge. Failure to return samples after 28 days will result in an invoice being produced at full retail value. Credit terms are available by application for large corporate orders. Our terms of payment are 28 days from invoice date. Discounts are available for large volumes and as part of a promotion, please note failure to pay invoices where a discount has been applied within 28 day credit terms will result in the discount being withdrawn and reinvoiced at the full amount
25. Promotional Codes
We run a range of promotions during the year for which voucher codes may be issued. Only one voucher code can be redeemed against a single order. We are unable to retrospectively apply voucher codes to previous orders.
Promotional vouchers and discount codes cannot be used in conjunction with any other offers or affiliate commission and cashback schemes.
Some products may be exempt from promotions and the use of promotional codes, these include items with product codes starting with 'G' which are usually hampers and flowers delivered free worldwide and some non food or flower based products sent to the UK.
26. Emails and Mailing List
By opting in to our email mailing list you expressly consent to receiving emails from Clearwater relating to our products and services. We do not share your information with any third parties (other than delivery services, if you replace an order), or use your email address for any other purpose. If you do not wish to be receive emails from Clearwater, please contact us at email@example.com and we will remove you from the mailing list.
27. Hamper listings
While photography and descriptions are intended to be accurate, plates, glasses, boxes and other props shown in photographs may not be included in a hamper unless specifically listed in contents.
Clearwater reserves the right to substitute items of equal or greater value if, for any reason, those stated are unavailable at time of despatch.
28. Gift Messages
Every gift ordered from Clearwater Hampers Ltd either over the phone, by email or on our website(s) has the option to leave a personalised gift message. This is an open text box where you can leave a private message to the recipient. This message is then included on the delivery label which is stuck on the top of the delivery box where the delivery address can be found. It is hidden from view with the words 'Peel Back The Label For Senders Gift Message' in red. From January to October the gift message may also included inside the gift. This gift message is free and part of our added value service, we cannot accept liability for the contents of the message, or can guarantee it will be included inside or on the gift.
All photographs, copy, images, graphics contained within this website(s) are the wholly owned property of Clearwater. Any parties found to be using or copying any element of this website(s) without permission including our products or product descriptions will be deemed to be infringing our copyright.
We take complaints very seriously, in the first instance please submit your complaint in writing to firstname.lastname@example.org or call us on 01235 833732. We will respond as soon as possible.
We welcome your views about our website, terms and conditions, privacy and security policy, If you would like to contact us with any queries or comments please email to: email@example.com