Terms & Conditions Of Sale For Christmas 2008
1. Prepayment Protection Park Retail Limited ("Park") has entered into a declaration of trust with Park Prepayments Trustee Company Limited to improve the security of prepayments made by you to us and Agents in respect of your orders. A summary of the declaration of trust can be seen here or can be obtained from us, free of charge, on request. All prepayments made by you to Agents in respect of your orders shall be held by Agents as agent for Park.
2. In these terms and conditions "we/our" is Family Christmas Savings Club Ltd, registered in England No. 1511434, acting as an agent for Park Retail Ltd. Park Retail Ltd and Family Christmas Savings Club Ltd are both wholly owned subsidiaries of Park Group plc, Valley Road, Birkenhead. CH41 7ED. Please address any complaints to Customer Care, Park Retail Ltd at the above address.
3. In these terms and conditions, "Agent" refers to ´Agents ordering for themselves/on behalf of their customers´ and ´Agents who order direct, just for themselves´.
4. Placing an Order If you have placed an order through an Agent, once we have received and accepted your order, we will send your Agent confirmation of this and a payment card for you to record the payments you make to your Agent. Please ensure you obtain this card and get a signature from your Agent for each payment you make. If you have placed your order with us directly, confirmation of your order will be sent to you with a payment card for you to record the payments you make to us. Please check we have correctly printed your name, address, postcode and order details. All orders are subject to availability. The payment card should be retained by you at all times.
5. Prices All prices shown in the 2008 Family Christmas Savings catalogue are inclusive of VAT, delivery costs to Agents and Excise Duties where applicable. Should there be any Governmental changes to taxation or duties which affect the price of our products, we reserve the right to adjust prices accordingly. The prices are not to be interpreted as an offer.
6. PaymentYou must make regular payments (we suggest fortnightly) to your Agent. Your Agent should send all payments to us fortnightly, for the total price of the goods ordered, as shown in the 2008 Family Christmas Savings catalogue. All payments must be received by us by 1st November 2008. Any payments received by us after this date may cause deliveries to be delayed. We reserve the right to cancel any order where payment of the total price is not received by us in full by 1st November 2008 and cancellation charges shall apply.
7. Acceptance for payment:
Highest Priority
- High Street Gift Vouchers
- Meat Hampers & Options
- Other Hampers
- All other items including Jewellery and Retailer Vouchers
Lowest Priority
- No part of any payment shall be accepted as made against any item in any category until full payment for any item in the same customer order, in a category with a higher priority, has been made and accepted.
8. Any payment made to us by credit card may incur a 2% surcharge to cover any extra administration costs.
9. Order Alterations (Excluding the cancellation of all goods ordered) can be accepted up to and including 1st October 2008, for no extra charge.
10. Cancellation Charges The cancellation of all of the goods ordered by you shall result in:
- A cancellation charge equal to 5% (or £20, whichever is greater) of the order value will be charged in respect of order cancellations received by us, up to and including 1st September 2008.
- A cancellation charge equal to 10% (or £20, whichever is greater) of the order value will be charged in respect of order cancellations received by us after 1st September 2008.
11. As examples of weekly payments are over 45 weeks, occasionally an imbalance may occur. In all cases, the total price listed in the 2008 Family Christmas Savings catalogue must be received by us.
12. Delivery All items will be delivered in good time for Christmas. However, most vouchers and a limited number of other products can be released early, if requested, provided your Agent´s account is paid in full. Please ask your Agent to contact our Careline Team for full details of which products can be released early. Delivery of all other products will be detailed in the delivery advice letter your Agent will receive from us during October 2008. All items must have been paid for in full. Commission and bonuses (if earned by Agents) can be used towards their final payment.
13. Goods will be delivered to Agents, unless stated otherwise in the 2008 Park Christmas Savings catalogue. Direct delivery to customers of Agents is available on some items (excluding vouchers). However, a charge of £3.85 per item may apply. Our Careline Team can advise you on products available to be delivered direct to customers of Agents.
14. Please let your Agent or our Careline Team know as soon as possible if you change your address prior to delivery
15. All fresh fruit and vegetables and cheese hampers will be delivered chilled, in insulated packaging to your Agent - mainland UK only. (Mainland UK excludes the Scottish Islands (Shetland, Orkneys, Lewis), Isle of Wight, Isle of Man, Jersey and Guernsey).
16. All frozen meat and freezer hampers are packed in specially insulated boxes in our temperature controlled packing hall to ensure the products remain at a consistent temperature. Please ensure all frozen products are transferred to a freezer immediately upon delivery.
17. Some items may be covered by an appropriate manufacturer´s guarantee. In the unlikely event that any item or product malfunctions during use, please ask your Agent to contact our Careline Team.
18. Every effort will be made to supply the exact item or product ordered (including any free gifts included in hampers). However, if it is necessary to supply a substitute item, we will choose an item of equal or greater value. If you are not satisfied with the substitute item, we will bear the cost of its return.
19. All items should be received in satisfactory condition. If you are not satisfied with any item, you are covered by our no quibble money back guarantee. Please note, all claims must be made within 7 working days of delivery. Your Agent must first of all call our Careline Team to gain authorisation for the return of an item. All authorised goods for return and refund or credit must be sent back to Family, Valley Road, Birkenhead. CH41 7ED by 31st January 2009 to ensure your claim is processed. This excludes items highlighted in our 2008 Family Christmas Savings catalogue.
20. Keeping in Touch With You By placing an order with us and/or giving data to us you confirm that you understand and agree that the information you provide will be held on a Park Group database and that it will be shared by all companies within our Group. A full list of those companies is available by writing to the Data Controller, Park Group Plc, Valley Road, Birkenhead, CH41 7ED. Park Group plc shall be the data controller for the purposes of the Data Protection Act 1998.
21. The information you provide will be used by us and any necessary third parties to provide you with the goods and services you request.
22. Companies within the Park Group would like to contact you for customer care purposes, or to keep you informed about the latest offers, promotions, prize draws, and competitions, using post, telephone, e-mail, SMS and any other appropriate means including new technology. If you wish to be contacted via email or SMS, please provide us with your e-mail address and/or your mobile telephone number as appropriate.
23. If you do not wish to be contacted by Family or any other Park Group subsidiary, for marketing purposes please either call us on 08457 888 1000, email us on getus@familyhampers.co.uk or write to: Family Customer Care, Valley Road, Birkenhead. CH41 7ED
24. Company liability Our liability to you is limited to the total price to be paid for the goods, except liability is not excluded or limited for personal injury caused by our negligence
25. All rights are reserved. The conditions above do not affect your statutory rights according to English Law. Any contracts entered into will be governed by English Law and subject to the jurisdiction of the English Courts.
26. Copyright We reserve all rights to intellectual property of material published on and associated with this website, or have license to use such intellectual property rights of third party information published on this website. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Park Retail Ltd. You may not modify, distribute or re-post anything on this website for any purpose.
27. Privacy Policy We utilise the latest in Secure Server Technology to ensure that all personal and transactional information is protected to the highest standards. Our representatives may hold your data so that your details and/or order can be processed and/or account maintained.
28. Cookies - what is a cookie? W? A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a website's computer and stored on your computer's hard drive. Each website can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a web site to access the cookies it has already sent to you, not the cookies sent to you by other sites. Many sites do this whenever a user visits their website in order to track online traffic flows.
29. Cookies record information about your online preferences. Users have the opportunity to set their computers to accept all cookies, to notify them when a cookie is issued, or not to receive cookies at any time. The last of these, of course, means that certain personalised services cannot then be provided to that user and accordingly you may not be able to take full advantage of all of the features on our site. If you wish to turn off our cookies, please type ´Cookie´ in the index of the ´help´ facility in your browser, but please note that turning off cookies may limit your use of our website
If you have set your computer to reject cookies you can still browse our site anonymously until such time as you wish to register for our services. For further information on cookies please visit www.aboutcookies.org or www.cookiecentral.com
Our website makes use of cookies. Visitors to our websites are sent anonymous cookies to keep track of their browsing patterns and build up a demographic profile. We also use cookies to make it easier for you to use and complete certain facilities on the site (such as the My Account section). Any visitor to one of those facilities will be sent a 'session' cookie (which lasts only for your visit) that enables you to use the facility. You do not need to allow your browser to accept cookies in order to browse much of our websites or to access many of our services. Most browsers allow you to turn off the cookie function. Computer viruses are not passed through the use of cookies.
30. Security is a priority for us and we realise it is a major issue for people purchasing on the Internet. We understand that you need to know that a website is legitimate and that transactions are secure before you buy, using industry-standard encryption technologies. When you place an order or access your account information online, this is done through a secure server which encrypts all of the information you input before it is sent to us, using a secure socket layer (SSL), with the added protection provided by Barclay´s ePDQ Internet Payment Service.
31. None of our employees or our suppliers ever get to view your confidential card details when entered online. SSL is the industry standard security technology used by Microsoft, Netscape, and leading internet commerce companies - it is the most advanced security measure available.
32. By using our online service, you accept any security risks and will not hold us responsible for any breach of security, unless you can prove that this is due to our negligence or wilful default.
We are not responsible for Agents or their actions except as authorised by us in writing.
33. Hampers and packs containing alcoholic drinks may only be ordered by customers over 18 years of age. Please request appropriate identification if you suspect a customer may not be over 18.
Knives may only be sold to persons aged 16 years or over. Please request appropriate identification if you suspect a customer may not be over 16.
34. Accuracy of Content Park Retail Ltd has taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website and at the discretion of. All prices are displayed inclusive of VAT. Park Retail Ltd shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website
35. Damage to your Computer Park Retail Ltd makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. Park Retail Ltd shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
36. Password/Account Security You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Park Retail Ltd shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
37. Availability All items are subject to availability. We will inform you as soon as possible if the goods you have ordered are not available.
38. Exclusions of Liability Any disclaimers and exclusions of liability in these terms & conditions shall not apply to any damages arising from death or personal injury caused by the negligence of Park Retail Ltd or any of its employees or agents or fraud. These disclaimers and exclusions shall be governed by and construed in accordance with English Law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
39. Other Legal Notices There may be legal notices on other areas of this website which relate to your use of this website, all of which will, together with these terms & conditions govern your use of this website.
40. Changes to Legal Notices We reserve the right to change these terms & conditions from time to time and you should look through them as often as possible.
41. Use of this Website from outside the UK Unless otherwise specified, the materials on this website are directed solely at those who access this website from the United Kingdom mainland. Park Retail Ltd makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
42. Law, Jurisdiction and Language This website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England. All contracts are concluded in English.
43. Love2shop Gift Card Replacement Policy
If you lose your Love2shop card or it is stolen, you MUST IMMEDIATELY telephone us on the number that will be shown on your card when you receive it and give us the number of such card so that it can be cancelled. We will then issue a replacement for the value left on your cancelled card at the time of cancellation.
We will not be responsible for any unauthorised use of your lost or stolen card prior to cancellation.
IMPORTANT
Keep a note of all your card numbers in a safe place as we will require the number of any lost or stolen card before a replacement can be issued.
