“We” are Clearwater Hampers Ltd, also trading as hampers.com (“Clearwater” to include any of our
subsidiaries). Our registered office is at 36 Innovation Drive, Milton Park, Abingdon, Oxfordshire, United Kingdom,
OX14 4RT. Our Company Number is 06167203, VAT Number is 907467994 and AWRS Number XJAW00000101727.
Please read them carefully as they affect your rights and liabilities under law.
“You” are the business customer wishing to purchase goods from us.
These terms and conditions (“Terms”) apply to the order by you and supply of goods by us to you (“Contract”). No
other terms are implied by trade, custom, practice or course of dealing. Please read these Terms carefully as they
affect your rights and liabilities under law.
1.1 In response to a request from you, we will provide you with a written quote or proforma invoice (“quote”) for the
goods that you wish to purchase from Clearwater. Please check the quote carefully as you are responsible for
ensuring that the quote accurately reflects your wishes.
1.2 The quote must be accepted by you in writing, at which point the Contract between you and us for the supply of the
specified goods will come into existence.
2.1 We reserve the right to update these Terms from time to time.
3. Authority to make an order
3.1 You undertake and warrant that the person contacting us with the order and confirming the quote has the authority to
commit you to the Contract.
4. Our goods and PERISHABLE ITEMS
4.1 The images of hampers and other goods on our website are for illustrative purposes only. Although we have made every
effort to be as accurate as possible, sizes, weights, measurements and packaging may vary from that shown on
4.2 It is your responsibility to ensure the recipient knows that the delivered items contain perishable goods that have
specific storage requirements and must be opened immediately and stored appropriately.
4.3 We do not accept any liability for spoiled products if any items are not stored in the correct manner from
5.1 After providing you with a quote, we will discuss and agree with you an appropriate target delivery date. If no
target date is agreed, delivery will be within a reasonable time (subject always to clause 11.2 below).
5.2 Where you request a specific date for delivery, and we accept that request in writing, we will use our reasonable
efforts to deliver our goods on the requested delivery date.
5.3 Where delivery is to an international address, delivery times may be subject to delays caused by customs or other
agencies beyond our control.
5.4 As Clearwater is dependent on the services of third party carriers and the actions of third parties, we do not accept
any liability for any delays that might occur.
5.5 We or our courier may require an age appropriate person to accept delivery of the goods.
5.6 Our courier will normally attempt delivery up to 3 times. If, after these attempts, it has been unable to deliver to
you for whatever reason, the goods will be returned to us.
5.7 If either:
5.7.1 the goods are perishable, or
5.7.2 the delivery is outside of the UK
we cannot make any refund to you for the cost of the goods or attempt any further redelivery once the goods have been
returned to us after failed delivery attempt(s).
5.8.1 the goods are non-perishable; or
5.8.2 the delivery is within the UK
we can arrange for re-delivery, subject to the payment by you of such reasonable fees (including administration fees)
as we shall tell you will be payable.
5.9 If the failure to deliver arises because of a fault by us or our courier, then we shall arrange a redelivery at no
cost to you (including of any perishable goods).
5.10 Delivery is complete once the goods have been delivered to the address given to us by you for delivery. You will have
the risk for the goods once they have been delivered. We accept no liability if you provide an incorrect delivery
address and we deliver to it.
6. Protecting Your Security
6.1 We take the risk of internet fraud/credit card 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
7.1 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 this Contract.
8.1 Once a verbal/written agreement has been made to us (via your Account Manager) of your intention to
purchase, the contract is legally binding and full payment may still be required even if the delivery of goods are
no longer required. At the discretion of Clearwater we may consider refunding some or all of the order if products
can be resold by us.
9. Returns policy
9.1 Under these Terms, hampers bought from Clearwater cannot be returned. Once the quote is accepted by you, and a
Contract exists between us, the Contract may not be terminated (other than as expressly provided in clause 16.2).
For the avoidance of doubt, cooling off periods do not apply to B2B orders.
10. Faults and Damaged Goods
10.1 You must tell us of any hamper that is delivered damaged or that has defective contents as soon as possible after
delivery, and (subject to clause 10.2) in any event within 14 days of delivery.
10.2 If goods are perishable, you must tell us promptly of any faults with or damage to the goods delivered to you. If,
because of a delay by you in telling us, we are not able to assess the goods for the faults or damage that you have
identified (because, for example, of natural deterioration of perishable products), we shall deem such goods as not
damaged or faulty on delivery.
10.3 Notification must be made to your Account Manager with reasonable photographic evidence or other
evidence reasonably acceptable to us, or such evidence as we reasonably request. We reserve the right to require the
damaged item(s) or whole hamper (in our discretion) to be returned to us first using our return service for further
inspection, so we can investigate the issue further.
10.4 If we accept that damage has occurred before delivery, or that contents were defective before
delivery, we will send a replacement hamper as soon as possible (but subject always to our right to see the damaged
goods before agreeing to provide a replacement).
10.5 A replacement will be of the same type of hamper, or an alternative hamper of the same value or
11. Price and Payment
11.1 Payment shall be made by you at the same time as you accept the quote by credit or debit card
(Visa/MasterCard, American Express, Maestro) unless you have a credit account previously arranged with us.
11.2 Where you are paying by card, all payments must be received in full before any goods will be prepared
11.3 All payments for an agreed credit account are due and payable by 28 days from the date of invoice,
unless an alternative time for payment is specifically agreed by us in writing at the time of the quote. All credit
accounts shall be paid by bank transfer unless we have specifically agreed an alternative method of payment.
Interest will be charged on all overdue amounts at a rate of 1.5% per month from the due date.
11.4 Any discounts offered by us in any quote will apply only to amounts paid fully and properly within the
correct time for payment under these Terms. Failure to make payment timely may result in a discount being withdrawn.
If a discount is withdrawn, you shall be liable to pay the additional amounts to us immediately on demand.
11.5 The price of the goods normally includes delivery charges for UK deliveries. For international
deliveries, the delivery charges will depend on the destination and we will tell you what the charges will be. We
will always tell you if there are any delivery charges to pay in addition to the price of the goods.
11.6 Title to goods remains with Clearwater until all sums due are paid in full.
11.7 Our hamper range is reviewed regularly. Purchasers are advised to check and confirm prices of hamper
orders prior to requesting a quote. We reserve the right to amend prices from time to time.
11.8 Prices in a quote will be valid for 30 days from the date of the quote, or for such other period as is
specified in the quote.
12. Value Added Tax
12.1 VAT shall be additionally payable by you at the applicable rate chargeable at the relevant time. All prices that we
quote to you shall normally identify the VAT payable; we will normally give you both ex-VAT and VAT inclusive
figures in our quote.
13. Eligibility to Purchase
13.2 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.
13.1 If you are an individual, to be eligible to purchase goods from Clearwater Hampers and enter into the
Contract you must 18 years of age or over.
13.3 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.
13.4 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.
13.5 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.
14. Our liability: your attention is particularly drawn to this clause
14.1 We only supply the goods for internal use by your business. You agree not to use the goods for any resale purposes.
14.2 Nothing in these Terms limits or excludes our liability for:
14.2.1 death or personal injury caused by our negligence;
14.2.2 fraud or fraudulent misrepresentation;
14.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
14.2.4 any other liability that cannot be limited or excluded by law.
14.3 Subject to clause 14.2, we will under no circumstances be liable to you, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract
14.3.1 any loss of profits, sales, business, or revenue; or
14.3.2 loss of business opportunity; or
14.3.3 loss of goodwill; or
14.3.4 any indirect or consequential loss.
14.4 Subject to clause 14.2, our total liability to you for all losses arising under or in connection with
the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no
circumstances exceed 100% of the price payable under the relevant Contract.
14.5 Except as expressly stated in these Terms, we do not give any representations, warranties or
undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or
incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by
law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
15.1 We treat all personal information as confidential and process personal data in accordance with
more information on what personal data we hold, what we do with that data and how long we will keep it. We are
registered with the Information Commissioner's Office (see ico.org.uk).
15.2 In relation to personal data given to us by you (as controller) as part of the supply of goods by
us, including our performing the Contract, we act as a controller.
15.3 Each party confirms that it will at all times in the course of the Contract comply with its
obligations under applicable data protection legislation.
15.4 You shall have the appropriate and necessary consents and/or approvals to provide the personal
information to us that you give to us in respect of the Contract. All personal data that you give us shall be
correct and up to date.
15.5 We shall process the personal data that you give us only for the purposes of fulfilling your order,
including the delivery of goods to individuals and necessary administrative matters related thereto (“agreed
purposes”). We may share the personal data that you give us with third party/ies for the purposes of performing the
Contract, including to facilitate the delivery process of the goods ordered, but such sharing shall be subject to
processing only for the agreed purposes. Any third party with whom we share the personal data provided by you shall
be subject to written obligations concerning the shared personal data (including obligations of confidentiality)
which are materially no less onerous than those imposed by the Contract.
15.6 We shall ensure that we have in place appropriate technical and organisational measures to protect
against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or
damage to, personal data.
15.7 We shall (and shall require any third party/ies with whom we share the personal data) either to
delete or anonymise the personal data provided by you after completion of the agreed purposes. . Such deletion or
anonymisation shall normally be done by no later than 60 days’ after the end of the agreed purposes.
15.8 Each party shall assist the other in complying with all applicable requirements of applicable data
protection legislation, including the Data Protection Act 2018.
15.9 We shall not transfer any personal data received from you outside the UK and/or the EEA unless we
15.9.1 the transfer is to a country approved by the European Commission as providing adequate protection
pursuant to Article 45 of the GDPR; or
15.9.2 there are appropriate safeguards in place pursuant to Article 46 GDPR; or
15.9.3 binding corporate rules are in place; or
15.9.4 one of the derogations for specific situations in Article 49 GDPR applies to the transfer.
16. Events outside our control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of
our obligations under the Contract that is caused by an act or event beyond our reasonable control (“Event”). If an
Event takes place that affects the performance of our obligations under the Contract:
16.1.1 we will contact you as soon as possible to let you know; and
16.1.2 our obligations under the Contract will be suspended and the time for performance of our obligations
will be extended for the duration of the Event. Where the Event affects our delivery of goods to you, we will
arrange a new delivery date after the Event is over.
16.2 You may cancel the Contract affected by an Event that has continued for more than 30 days. To cancel,
please contact us in writing.
17.1 When we refer to “in writing” in these Terms, this includes email.
17.2 A notice or other communication given under or in connection with this Contract must be in writing and
delivered personally, by pre-paid first class post (or other next day delivery service) or email. If delivered
personally, it shall be deemed received on signature of a delivery receipt or at the time that the notice was left
at the proper address. If sent by post or delivery service, it shall be deemed received at 9am on the second working
day after posting. If sent by email, it shall be deemed received at 9am on the next working day after
17.3 Nothing in this clause shall apply to the service of any proceedings or other documents in any legal
18.1 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.
19.1 No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision
20. Third party rights
20.1 This Contract is between you and us. No other person has any rights to enforce any of its terms.
21. Entire Agreement
21.1 These Terms set out the entire agreement between us in relation to its subject matter. You acknowledge
that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in
the Contract. For the avoidance of doubt, the Important Information listed below and, on our website, do not form
part of the Terms.
22. Law and Jurisdiction
22.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales and the
English courts shall have exclusive jurisdiction.
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 & fish. It is the purchaser’s responsibility to
ensure the recipient is aware that the gift should be opened immediately if it contains perishable goods. We cannot
accept liability for spoiled products if the items in the order are not stored in the correct manner once
Please note that that food items may contain allergens such as nuts, egg, milk & gluten.
In addition, you must be aware that our hampers are stored and packaged in environments in which nuts may be present.
Details of ingredients of any 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 Clearwater is 18 years of age regardless
of the contents. Where the gift contains alcohol, the recipient of the delivery must be over 18 years old. We may
also require proof of age to be supplied by the person accepting delivery of the goods.
It is an offence for an under 18 year old to purchase or attempt to purchase alcoholic liquor under the Licensing Act
We aim to deliver our goods on your requested delivery date where possible. However, 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 reasonably can to arrange delivery on the date requested and we have a very high success
rate in achieving delivery on customers’ preferred date. We do however recommend that you select a preferred
delivery date allowing for any possible delays, including the recipient not being home when delivery is
If your order confirmation for a pre-Christmas delivery only arrives within the last 7 days prior to our cut-off for
Christmas delivery we may not be able to offer you a preferred delivery date. For the UK, we may offer a
pre-Christmas delivery slot; an approximate date will be confirmed by your account manager in this circumstance. In
respect of international deliveries, we will tell you what we can offer you regarding delivery timings.
For orders that involve delivery to multiple delivery addresses, you will be required to complete an order template.
The template, which will be provided to you by your Account Manager, contains the required fields recognised by
Clearwater’s order system for importing address information. This is to ensure that we have the addresses in a
format that is approved by the carriers. For this reason, the information must be provided in this format. Failure
to do so may delay the dispatch of your order. Clearwater are not responsible for any delivery issues which occur
due to incorrect information and/or information provided in the incorrect format.
Our third party contracted carriers may give the recipient additional delivery options via text or calling card.
Clearwater are not responsible for any changes or agreements relating to deliveries made between the recipient and a
courier that were not part of the original order.
The couriers will normally make up to 3 delivery attempts and then, subject to holding the parcel for a limited time,
will send it back to Clearwater. If we are then requested by you to re-send or redirect the goods, there may be
additional charges and an administration fee payable by you. If the goods were perishable, we will be unable to
resend or redeliver them.
In the event of non-delivery due to an incorrect address or other recipient information supplied by you, or if the
recipient refuses to accept the parcel, Clearwater reserves the right to charge an administration fee and additional
delivery cost for re-directing or arranging return or re-sending the order.
We will refund the cost to the purchaser of returning any item if the item was faulty or damaged prior to
We offer delivery tracking on most orders from despatch to delivery. Where available, this tracking information is
updated regularly by our couriers and available on request from the Account Manager. It may also be available
through our gateway portal.
Clearwater will always do our best to ensure we have up to date delivery information, however we cannot guarantee
accuracy or availability of delivery tracking information as we rely on third parties for this information.
Subject to the following paragraph, notification of damage or non-delivery must be made in writing to Clearwater
within 14 days of the due delivery date. We will not accept claims for compensation or refunds after this
For perishable goods, notification of damage or non-delivery must be made urgently (and followed up in writing). If
due to delay, we are unable to investigate any damage to goods (due to natural deterioration), we will not accept
liability for that damage.
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. We cannot be held
responsible for delays between the parcel being delivered to the address and being received by the recipient.
Delivery to these locations (and other commercial locations) is not available on non-working days.
Please check that hospitals will allow deliveries of food, drink or flowers 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 can 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 & PUBLIC HOLIDAYS - We are unable to delivery on UK Bank Holidays or deliver internationally on public holidays
in the relevant delivery country.
Remote or regional addresses will take longer to deliver to than city locations, so please allow up to 7 working days
for delivery to these addresses. Clearwater will not be liable for any compensation or refunds claimed for not
meeting specific delivery date as these are given as a guide only.
In addition to the delivery information above, the following information relates to international deliveries.
We despatch our hampers for delivery around the world subject to available destinations for each hamper as shown. Due
to the sensitive nature of importing food products and the inconsistency of customs regulations by border controls,
we regret that we are unable in any circumstances to refund delivery charges or the cost of the hamper in the event
of a failed delivery 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.
A telephone number (either local or mobile) for the recipient must be provided to Clearwater upon order, which we
will pass onto the third party supplier to contact for delivery purposes only. As with UK deliveries, we do our best
to achieve delivery on a certain date, however the actual delivery date is beyond our control and will depend on
location, availability and local delivery processes in the international delivery country.
Applicable VAT is payable on hampers despatched by Clearwater dependent upon the country and tax authority of the
destination territory, not the country of the customer. VAT is chargeable in the EU, so 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 the EU, regardless of where you are situated when the item is
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.
Customs clearance and paperwork
Orders with a delivery address outside the UK (not sent out by our third party international agents) 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. As long as Clearwater is notified before payment of any import duties, we will be responsible for settling
such charges. However, these import duties cannot normally be reimbursed once the charges have been paid by a third
Although this does not normally cause delays, the timing of customs clearance is outside the control of Clearwater or
our international carriers (currently DHL International) and therefore we are not liable for claims for any delay or
damages to parcels due to custom delays or checks. Under world-wide shipping conventions, paperwork including a
proforma invoice (with a minimal value and stating that the parcel is a gift) has to be attached to the parcel.
Bulk deliveries by Pallet
For large orders destined for delivery to one business location, your account manager will organise a pallet delivery
with our bulk delivery couriers to ensure a timely delivery of all hampers rather than sending through our usual
courier network. A preferred time and date may be requested with your account manager which we will do our best to
meet, however there are sometimes events beyond our control that may affect the delivery date and normal transit
Such deliveries will generally take place by an articulated lorry, please ensure to inform your account manager prior
to your requested delivery date if you envisage any difficulties gaining access to the delivery location such as
narrow roads, lack of parking/loading bays or road closures etc. In such an instance we will do our best to make
alternative arrangements. Should such information not be made clear prior to the attempted delivery, Clearwater will
not be held responsible for delayed or failed delivery.
The driver is not obligated to remove the hampers from the pallet on your behalf, equally if the delivery location is
beyond the ground floor the driver is not obligated to distribute the hampers directly to the location.
Unless authorised prior to delivery attempt, the driver will require a signature on delivery, someone should be
available at the specified delivery time to sign for the goods, the driver is not obligated to wait for any length
of time. Should no one be available, the driver will return the goods to us, any subsequent re-delivery or
re-direction request will be chargeable. Alternatively, we can instruct the driver to leave in a safe location by
prior arrangement. Goods left will be left at your risk.
From time to time we may use testimonials and company branding to showcase the clients we work with and the services
we are able to provide. Please do contact your Account Manager by Phone/Email if you would prefer for your company
to be opted out of this.
If we do not have confirmation from you that you wish to opt out, we will deem this as permission to go ahead with
any promotion we see fit mentioning your company’s name as a customer of Clearwater.
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.
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.
Every gift ordered from Clearwater either over the phone, by email or on our website(s) has the option to leave a
gift message. This should be provided to your account manager along with the rest of the order details. This message
is then included on the delivery label which in most cases (apart from international third party despatches) 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 Sender’s Gift Message' in red.
From January to October, the gift message may also be included inside the gift. This gift message is free and part of
our added value service, however we cannot accept liability for the contents of the message, nor can we promise that
it will be included inside or on the gift. Our third party international agents will attach a gift message to the
hamper in a similar way to Clearwater, however this again is not guaranteed.
There is also the option to include a branded gift card if desired. Please ensure you inform your account manager
prior to accepting the quote and provide a jpg file of your logo. Any gift message provided for large corporate
orders should be generic and not individually addressed to the recipient. Gift cards cannot be added later than
It is also possible to send us a gift card or similar paraphernalia to be packed within the hamper if pre-agreed with
your account manager and sent in a minimum of 7 days before your requested delivery date. Unless already authorised
by your account manager failure for such material to be received by our workshop before this time may result in it
not being used. If we return this material to you, you will be liable for the costs of us so doing. Again, such
material should be generic and not include individual recipient names on either the card or any envelope you wish to
provide. Clearwater will not be responsible for any material not included in any delivery due to our requirements
not being adhered to.
All photographs, copy, images, graphics contained within the website(s) or within a quotation from your account
manager are the wholly owned property of Clearwater.
Any parties found to be using or copying without written permission in advance any element of this website(s)
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 your Account
Manager or email the Commercial Director [email protected].
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