These terms and conditions (“the Terms”) govern the users (“you” or “your”) use of the www.hampers.com (“the website”) and relationship with Clearwater Hampers Ltd and its subsidiaries (“Clearwater Hampers”, “we” or “our”), whose registered office is at 36 Innovation Drive, Milton Park, Abingdon, Oxfordshire, United Kingdom, OX14 4RT. Clearwater Hampers is registered in England and Wales with Company Number 06167203; its VAT Number is 907467994 and AWRS Number is XJAW00000101727.
Please read these Terms carefully as they affect your rights and liabilities under law. In addition to these Terms, please see the Important Information set out at their end. That information does not form part of these Terms but will help you with information about our goods and delivery practices.
Agreement and Authority
1.1 By making a purchase from Clearwater Hampers, whether via our website(s) or any other method, you agree to be bound by the Terms at the time of the transaction.
1.2 Where you are an organisation, you confirm that the person making the purchase on the organisation’s behalf has the authority to commit you to these Terms.
1.3 You confirm that the personal information and (if you are an organisation) any information about your organisation 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.
2.1 We reserve the right to update these Terms from time to time and any changes will be shown on the website(s).
3.1 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.
3.2 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.
3.3 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 in our ownership or that of our licensors.
3.4 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).
4.1 In relation to your personal data and the personal data of any order recipient given to us by you as part of the supply of goods by us, including our performing our agreement with you, we act as Data Controller. 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 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.
4.3 If you are an organisation, you confirm that you will at all times in the course of performing this agreement comply with your obligations under applicable data protection legislation.
4.4 If you are an organisation, you shall have the appropriate and necessary consents and/or approvals to provide the personal data to us that you give to us in respect of our agreement with you.
4.5 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 (including asking you to review your purchase) (“agreed purposes”). We may share the personal data that you give us with third party/ies for the purposes of performing our agreement with you, 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 these Terms.
4.6 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.
4.8 If you are an organisation, we shall each assist the other in complying with all applicable requirements of applicable data protection legislation, including the Data Protection Act 2018.
4.9 We operate in the UK and you are providing your personal data to us in the UK. In ordering from us, you acknowledge that your personal data will be processed by us in the UK. If you purchase from us for delivery abroad, you understand that the personal data for the recipient will need to be transferred from the UK to allow us to deliver as requested by you. Transfers of personal data received from you outside the UK and/or the EEA shall be made subject to applicable data protection legislation. For example:
4.9.1 the transfer is to a country approved by the European Commission as providing adequate protection pursuant to Article 45 of the GDPR; or
4.9.2 there are appropriate safeguards in place pursuant to Article 46 GDPR; or
4.9.3 binding corporate rules are in place; or
4.9.4 one of the derogations for specific situations in Article 49 GDPR applies to the transfer.
4.10 On making a purchase, you will be opted in to our email mailing list and you consent to receiving emails from Clearwater relating to our products and services. If you do not wish to be receive emails from Clearwater, please unsubscribe using the unsubscribe link in any of our emails to you, or access the link here https://info.hampers.com/update-marketing-preference and we will remove you from the mailing list.
We do not share your information with any third parties other than as necessary for the agreed purposes.
Protecting Your Security
5.1 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.
Eligibility to Purchase
6.1 To be eligible to purchase goods on the website(s) and lawfully enter into and form contracts with Clearwater under English law you must:
6.1.1 If an individual, be 18 years of age or over; and
6.1.2 Register your real name, address, phone number, e-mail address and any other details requested.
6.2 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.
6.3 We reserve the right to withhold goods from and terminate any account details for anybody whom we suspect of fraudulent practice and/or breach of these Terms.
6.4 If the goods purchased contain alcohol, the recipient of the delivery must be over 18 years of age. Proof of age may be required to be supplied by the person accepting delivery of the goods or delivery cannot be made.
7.1 All orders are subject to acceptance and availability.
7.2 Our acceptance of your order will take place when we email you to confirm it, at which point a contract will come into existence between you and us.
7.3 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
Cancellation of Orders by Clearwater
8.1 If we are unable to complete your order, we will inform you of this as soon as practicable and cancel your order. You will not be charged for the order (and if payment has been taken, it will be refunded to you).
8.2 Cancellation can be made by us where we are unable to, or it is not commercially reasonable for us to, complete the order. This may include (for example) where we have identified a material error in the price or description of the product(s) shown on the website (whether due to software errors or otherwise), because items are out of stock, because we are unable to meet a delivery deadline you have specified, because (for international deliveries) the import duties or costs which we are notified off are unreasonable, or for other unexpected reasons that we could not reasonably plan for.
Cancellation by you, Cooling Off Period and Damaged and Faulty Goods
9.1 Most orders placed with Clearwater Hampers and online at Hampers.com are covered by our 14 days satisfaction guarantee. You can return the hamper by notifying us within 14 days of it being delivered. If the hamper is not faulty, it must be returned unused, unopened, and original packaging undamaged. You can return the hamper either by using our return service or by returning the hamper at your own cost. Also, please be aware that we cannot be held responsible and provide refunds/exchanges on any order affected by circumstances beyond our control; this includes but is not limited to damage and neglect after goods are delivered or goods being stored incorrectly.
9.2 In order to arrange a return, please contact our customer service team as soon as possible and within 14 days of delivery. You must inform us in writing with the order number, the hamper number or name and the reason for the requested return. Returned parcels must be packaged securely with all the items in that hamper included. Any additional costs from delivery or returning the hamper that are not agreed beforehand with Clearwater Hampers are not covered under our cancellation policy.
9.3 Once we have received a returned order, the items returned will be checked and any agreed refunds, credits or exchanges will be made within 14 days of return receipt. For any returned hamper that is not faulty (or we found it to be not faulty), we will refund to you what you paid for the hamper (including delivery), less an administration fee if Clearwater Hampers return service is used. The administration covers the return delivery costs and the administration time to process the return and includes VAT. For returned orders that were faulty, no administration charge will be deducted from the refund.
9.4 Should you, for any reason, request to cancel an order prior to despatch, Clearwater Hampers reserves the right to charge an administration fee to cover the costs incurred up to that point. If you request to cancel an order once it has been despatched, the order must be returned by you as set out in clause 9.1 and 9.2.
9.5 EXCEPTIONS - If your order contains any of the following items, the cooling off period does not apply and your order cannot be returned unless faulty:
9.5.1 Any perishable items (including flowers, or fresh food such as cheese, meat or fish);
9.5.2 Personalised and branded goods;
9.5.3 Bespoke hampers, such as if your hamper is purchased using the create your own service or created to your requirements by our sales team.
9.6 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 using our return service for further inspection, so we can investigate the issue further.
You confirm that you have read the important information section below and our delivery policy.
10.1 If no specific date for delivery is requested by you, delivery will be within a reasonable time.
10.2 Where you request a specific date for delivery, and we accept that request, we will use our reasonable efforts to deliver our goods on the requested delivery date.
10.3 Where delivery is to an international address, delivery times may be subject to delays caused by customs or other agencies beyond our control.
10.4 As Clearwater Hampers 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 due to actions or omissions of third parties.
10.5 We or our courier may require an age appropriate person to accept delivery of the goods.
10.6 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.
10.7 If either:
10.7.1 the goods are perishable, or
10.7.2 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).
10.8 If either:
10.8.1 the goods are non-perishable; or
10.8.2 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.
10.9 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).
10.10 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.
Price and Payment
11.1 Payment may be made by Visa/MasterCard, American Express, Maestro or PayPal.
11.2 You will not own the goods until payment for them has been received in full by us.
11.3 Our hamper range is reviewed regularly but in full in September each year. Purchases on the website(s) will be charged at the prices ruling at the date of the order and will always be charged in pounds sterling (£) inclusive of applicable UK VAT sales tax. We reserve the right to amend prices on our website from time to time.
11.4 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. We will be responsible for paying reasonable import duties or charges that we are notified of by our carriers. If any notified charges are not reasonable, we may cancel the order (as explained in clause 8).
11.5 VAT, charged at the applicable rate, is included on prices shown on our website for hampers despatched from Clearwater.
11.6 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.
11.7 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.
Our Liability: your attention is particularly drawn to this clause
12.1 Notwithstanding any other provision in the Terms, nothing in these Terms:
12.1.1 (if you are a consumer) affects or limits your rights as a consumer under English law (including without limitation goods being of satisfactory quality and not defective); or
12.1.2 will exclude or limit our liability for fraud, fraudulent misrepresentation, death or personal injury resulting from our negligence.
12.2 The website(s) are provided on an 'as is' and 'as available' basis and we make no representations, endorsements or 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.
12.3 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).
We do not offer our products to you for any business purposes. We do not therefore accept any form of business loss relating to your purchase.
12.4 If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for any such delays. This does not affect your rights to cancellation, refund and replacement as set out in clause 9.
12.5 It is your 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 delivered.
Competitions and Prize Draws
13.1 If we offer competitions or prize draws (together here referred to as “competitions”), these competition rules will be deemed incorporated into each competition except to the extent that any specific instruction or term in a competition expressly overrides these Terms. We reserve the right to amend competition terms from time to time.
13.2 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.
13.3 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.
13.4 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.
13.5 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.
13.6 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 leading to undelivered or late delivery of entries.
13.7 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.
13.8 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.
14.1 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 Hampers 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.
14.2 You confirm that you own or otherwise control all of the rights to the content that you post and that, as at the date that the content or material is submitted to Clearwater Hampers, the content and material is accurate and use of the content and material you supply does not breach any applicable Hampers.com guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).
Promotional Codes and offers
15.1 We may run a range of promotions during the year for which voucher codes may be issued. Only one voucher code can be redeemed against any single order. We are unable to retrospectively apply voucher codes to any orders. Terms may apply to the use of voucher codes which will be provided with the relevant voucher relating to its use.
15.2 Promotional vouchers and discount codes cannot be used in conjunction with any other offers or affiliate commission and cashback schemes.
15.3 Some products may be exempt from promotions and the use of promotional codes.
15.4 Black Friday 2021 Offer - This offer is only available on orders placed online at hampers.com. This offer may not be used alongside any other discounts or promotions. 15% discount only applies to a selection of products which can be found here. This offer ends at Midnight on Monday 29th November 2021. We reserve the right to withdraw or change products included in the offer or end the offer at any time. Standard Terms and Conditions apply.
16.1 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.
17.1 No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
18.1 These Terms form the entire basis of any agreement reached between you and us.
Law and Jurisdiction
19.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales. These Terms shall be subject to the exclusive jurisdiction of the English courts, unless you are a consumer, in which case jurisdiction shall be non-exclusive.
This information does not form part of the Terms
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 delivered.
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 2003.
We aim to deliver our goods to UK addresses within 2-3 working days on our free standard UK delivery option. We also offer upgraded and premium delivery services which may include an additional premium, where we may give you the option of choosing or indicating a day for delivery. 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.
Where a preferred delivery date has been selected using the services mentioned above 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 attempted.
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.
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 delivery.
We offer delivery tracking on most orders from despatch to delivery. Where available, this tracking information is updated regularly by our couriers and will be provided to you by email (or, if you have one, via your Clearwater account). .
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.
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.
For purchases under these Terms, applicable VAT is included in the price paid by you on hampers despatched by Clearwater.
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.
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.
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.
Without prejudice to the cancellation rights or rejection rights set out in the Terms, 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 has the option to leave a gift message. This message is then included in a see through plastic wallet near 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.
The message is included on a card, with the message hidden from view.
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.
All photographs, copy, images, graphics contained within the website(s) 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.
Complaints and other Feedback
We take complaints very seriously. Please contact [email protected] and we will respond as soon as possible.
For any B2B orders placed with an account manager, please refer to these separate terms and conditions refer to this document.
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 [email protected]
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