A vivid and colourful selection of the finest quality fruit is delivered direct into First4 every working day. On occasions we may feel it necessary to substitute products to ensure the highest level of quality is maintained. This substitution will take place automatically without giving notice, to ensure your special gift basket looks visually tempting, and tastes delightful. To protect your own interests please read the conditions carefully before you place an order. If you are uncertain as to your rights under them or you want any explanation about them please write, telephone or email our customer queries department at the above address and telephone number before you place the order, and we will be happy to explain any of the content.
By placing an Order and purchasing goods from First4Hampers (Gifts Division), Lanchester Wine Cellars you enter into a legally binding agreement with us on the following Conditions. You should read and understand these Conditions because they affect your rights and liabilities.
These are the Standard Terms and Conditions of Sale of First4Hampers (Gifts Division), Lanchester Wine Cellars, Greencroft Estate, Tower Road, Stanley, DH9 7XP, registration Number 1517126 (also known as "the Seller", "We" or "Us") for certain products as set out in the pages on this site ("the Goods"). Our VAT Number is 353 8242 53 Subject to the provisions of Clause 4.2 below, the price of the Goods the delivery charges and Value Added Tax where applicable is set out on the Order Form.
THESE CONDITIONS DESCRIBE THE BASIS FOR PURCHASE BY YOU AND SALE BY US OF THE PRODUCTS DESCRIBED ON THIS WEB SITE.
1.1 In these Conditions:
o ‘Conditions’ means the standard Terms and Conditions of sale set out in this document;
o ‘Contract’ means the contract for the sale of the Goods;
o ‘Payment Card’ means the credit or debit card or other payment system chosen by you to be used as the method of payment for the Goods of which you have provided details to us when placing the Order;
o 'Goods' which you have ordered including any instalment of the goods or any parts for them which are available for purchase from our Web Site in accordance with the Conditions;
o ‘Information System’ means a system for generating, sending, receiving, storing or otherwise processing electronic communications;
o ‘Order’ means any order placed by you with us for the supply of Goods;
o ‘Order Form’ means the electronic order form completed and submitted electronically by you;
o 'Web Site' our presence on the world wide web, currently accessible via the address www.first4hampers.co.uk.
1.2 Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made thereunder or any enactment repealing and replacing the act referred to.
1.3 Unless the context otherwise requires:-
1.3.1 words importing the singular shall include the plural and vice versa;
1.3.2 words importing the masculine gender shall include the feminine gender and vice versa;
1.3.3 references to persons shall include bodies of persons whether corporate or incorporate.
1.4 Unless the context otherwise requires references to clauses shall be construed as references to clauses of these Conditions.
1.5 Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.
2. Basis of the sale and orders
2.1 We reserve the right to reject any order. Unless otherwise agreed in writing each such sale of Goods will be subject to these terms and conditions. Should your order contain food, drink or consumable Goods, such as in the contents of a fruit or food hamper, then we may from time to time change the contents slightly depending on current stock levels, and dependant on the season and availability of certain fruit. Any substitutions of this kind will happen automatically, without notice.
2.2 Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.
2.3 The quantity, quality and description of the Goods will be those set out in your Order. Should your order consist of alcohol products, you must be over the age of 18 year old, and observe the law with regards to alcohol purchase and consumption.
2.4 Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your Payment Card is authorised for the transaction.
2.5 You or we are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Goods appearing on our website.
2.6 You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.
2.7 The quantity, quality and description of and any specification for the Goods shall be those set out in the relevant pages of this site.
2.8 We reserve the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements
2.9 The price of the Goods shall be the price set out on the relevant page of this site. We reserve the right to change the prices set out on this site provided that if we accept an order from you the price for the goods will be the price set out in the relevant range at the time the order is placed.
2.10 If the price of the Goods increases between the date we accept your Order and the delivery date, we will let you know and ask you to confirm by e-mail/in writing that the new price is acceptable. If it is not acceptable then you will, of course, have the option of cancelling the order.
2.11 The total price is inclusive of any applicable value added tax.
2.12 If your order contains alcohol, both you and the recipient must be over 18yrs old. More advice can be found at www.drinkaware.co.uk
3. Terms of payment
3.1 Upon providing us with details of the Payment Card and submitting the Order you :
3.1.1 confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised to use the Payment Card; and
3.1.2 authorise us to deduct from the Payment Card account the full price of the Goods and all other payments which may become due to us under the Contract.
3.2 We will not pass your personal information on to any third party without your permission. Unless solely due to our negligence we cannot be held liable for any losses you may suffer.
4.1 Delivery of the Goods shall be made by us or our carrier to the delivery address shown in the Order Form. It is important that this address is accurate, and it is once the Goods have been delivered, you will be responsible for them. Our responsibility for everything other than damage due to our negligence or due to a manufacturing design or design fault will cease upon delivery. Should the contents of your order require more than one outer carton, then an extra charge will apply and you will be contacted accordingly.
4.2 We offer a next day service to most destinations in the United Kingdom for orders placed BEFORE 1PM (Monday-Friday), however delays are occasionally inevitable. Fruit orders will not be sent out on a Friday unless the Saturday delivery option is chosen.
4.3 Certain areas are not covered by the next day service, and will be sent on a 2-3 day delivery service depending on location, and these include postcodes DD1-10, FK8 3, FK16-17 & 21, TD15 2, PH10-11, PH13-14, IV1-63, 40, 52-54, KA27-28, PA20-49, PA62-77, PH30-41, PH49-50, HS1, KW1-3, KW5-14, IM1, IM9-99, and BT1-99. Please telephone for further details. We offer next-day service to most places in the United Kingdom, and we will do all that we can to deliver an order on the date requested, however delays are occasionally inevitable, especially during the festive season and other peak periods when courier services are in demand.
4.4 We will do all that we reasonably can, to meet the date given for delivery, however delays are occasionally inevitable and we have no control over it, and we will be not be held liable. If no date has been agreed, we cannot be held responsible for delays beyond our control, and we are not liable for any failed deliveries.
4.5 If the order is a multiple order and we are unable to make delivery of the whole order but are able to deliver part we will contact you, informing you of this. In this instance delivery will be said to be made in instalments. Each delivery shall constitute a separate contract and any failure by us to deliver any one or more of the instalments in accordance with these conditions, or any claim by you in respect of any one or more instalments will not entitle you to treat the contract as a whole as repudiated.
4.6 If we fail for any reason within our control to fully/partially deliver your Goods any reimbursement shall be no more than the price of the Goods, together with the delivery costs.
4.7 As soon as we have delivered the Goods or services, you will be responsible for them. If you delay a delivery our responsibility for everything will end on the date we agree to deliver them, as set out in the contract. If no date is selected, then it is assumed delivery is required the following working day, presuming the order is received before 1pm.
5. Warranties and liability
5.1 The terms and conditions of this contract do not affect your statutory rights. For further information regarding these rights contact Trading Standards or Citizens’ Advice Bureau.
5.2 IMPORTANT NOTICE: TIME LIMIT FOR NOTIFICATION OF CLAIMS. Should your order include food, drink or other Goods intended for everyday consumption you must inform us within 24hrs of receipt of any defect in the quality or condition of the Goods. If you delay a delivery our responsibility for everything will end on the date we agree to deliver them, as set out in the contract. If no date is selected, then it is assumed delivery is required the following working day, presuming the order is received before 1pm. You are asked to examine the goods as soon as reasonably possible after delivery. Any claim by you based on any defect in the quality or condition of the Goods or their failure to correspond with specification must (whether or not delivery is refused by you) be notified to the company within 14 days from the date of delivery. If you delay a delivery our responsibility for everything will end on the date we agree to deliver them, as set out in the contract.
5.3 Except in respect of death or personal injury caused by our negligence we will not be liable under this contract for any loss or damage caused by us or our agents in circumstances where:
i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
ii) such loss or damage is not a reasonably foreseeable result of any such breach;
iii) any increase in loss or damage resulting from breach by you of any term of this contract.
In the event that you are using the supply address in part for commercial purposes then no liability for loss of profits or other economic loss arising out of a breach of this agreement can be accepted.
5.4 Subject to our obligations, and your rights under the Regulations, we shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods if the delay or failure was due to courier services or any cause beyond our reasonable control.
5.5 We assume no responsibility for the contents of any other web sites to which this Web Site has links.
6. Right to Cancel
6.1 You have a cooling off period of 14 days after the date on which you have received the Goods to cancel the Contract, and return the Goods at your cost and receive a full refund of the purchase price. The right to cancel this contract will not apply in respect of food, drink or other Goods intended for consumption, and personalised Goods or Goods made to your specification.
6.2 During the cooling off period any cancellation must be given by written notice by either party.
6.3 Goods must be returned complete and undamaged with all accessories and instructions. The original packing must be returned in reasonable condition. We assume no responsibility for any delivery costs associated with the return of Goods.
7.1 The clauses of these Conditions and each sub-clause thereof are several and if any part of any clause or sub-clause shall be void, invalid or unenforceable then the remainder of such clauses or sub-clauses shall nevertheless be valid and enforceable.
7.2 No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
7.3 If any provision of these Conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these Conditions and the remainder of the provision in question shall not be affected nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
7.4 We will try and solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings you must do so within the United Kingdom.
7.5 The headings in these Conditions are for convenience only and will not affect their interpretation.
First4Hampers (Gift Division), Lanchester Wine Cellars
Telephone: 0870 011 0673