Terms and Conditions

GENERAL & ADDITIONAL TERMS & CONDITIONS OF SALE

Any statutory consumer rights enjoyed by you are not affected in any way by these terms and conditions of sale.

INTRODUCTION

a. These terms & conditions will apply when you place your order with us. By placing an order through our website, you confirm that you have read, understood and agree to these terms & conditions. If you do not agree to these terms & conditions in their entirety, you must not order any product or service through the website.

b. In these terms & conditions:

‘we’, ‘us’ or ‘our’  means presentandgifted.co.uk

‘goods’ or ‘products’  means the goods confirmed in our           email confirming the shipping of your order

‘order’ means your order made by you, using this website, to purchase goods from us

‘website’ means this website with the address www.presentandgifted.co.uk

‘you’ or ‘your’ means you, the user of this website and/or the purchaser of the goods

c. Before you place your order, we reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on this website and it is your responsibility to read these terms and conditions on each occasion you use this website.

GENERAL TERMS & CONDITIONS OF SALE

1. SPECIFICATION OF GOODS

1.1 All sizes and measurements stated by us in relation to the goods are approximate only. 1.2 We are unable to guarantee that the materials in the goods delivered to you: a) accurately reflect the colours displayed on this website, due to variations in light and colour between different computer monitors; b) will be the same from one item to another in the case of matching sets, due to slight variations in dye lots.  We have taken every care to describe and show all items as accurately as possible, and with accordance to the manufacturer's specification. Despite this, a slight variation in items may occur.  We provide you with product information on the website.  If there is anything, which you do not understand, or if you wish to obtain further information, please contact the Customer Service Team via email - info@presentandgifted.co.uk 

 Every effort is made to ensure the prices shown on the website are accurate at the time of placing an order. If an item has been under priced in error, we will contact you and offer the following three options:
a. Placement of a new order at the correct price of the goods;
b. Cancellation of the whole order;
c. Cancellation of your order for the mis-priced goods and reconfirmation of your order for the correctly priced goods.
If you do not choose one of the three available options within 14 days, your order will be cancelled, or the under priced item(s) will be removed from your order. Any payment received from you with respect to the cancelled item(s) will be credited back to your original method of payment.
 In the event of larger orders (10 items or more, or above £50)
If, within 3 days of accepting your order, we discover some, but not all of the items, are unavailable*, we will contact you and offer you the option of amending your order to substitute the unavailable item(s) with applicable alternative goods. If you do not choose a substitute alternative within 3 working days, and the unavailable items total 20% or less of the number of items ordered the unavailable item(s) will be removed from your order and we will dispatch the available goods. Any payment received from you with respect to the cancelled item(s) will be credited back to your original method of payment. Present and Gifted will not substitute an item without contacting you first regarding your order(s).

*Please note, under no circumstances can back orders for items be accepted.

We use new and recycled packaging for sending our orders. We do not provide a gift-wrap service. Depending on the size of the order, the items get delivered in unbranded envelopes or boxes - usually recycled, as we do not want to generate more litter, than necessary.

The price of an item does not include the delivery charge.

2 PRICE AND PAYMENT

2.1 The price you pay is the price displayed on this website at the time we receive your order. Any price displayed on this website shall be subject to change at any time.

2.2 All prices are shown in UK £s sterling and include value added tax (where applicable) at the applicable current rate.

2.3 Whilst we try to ensure that all prices on this website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat your order as cancelled.

2.4 Title to any goods shall pass to you on delivery of the goods provided that we have processed and received payment in full for the goods.  

2.5 Payment can be made by PayPal / credit / debit card. Payment is due before despatch of goods. If your payment fails your order will be cancelled within 14 days, unless you contact to specify otherwise.  

No goods will be despatched until payment has been made in full, and the funds have cleared.

Website prices are listed in GBP (Pound Sterling) and this is the accepted payment currency.  

Placing an order with us is quick and easy regardless of your chosen method. Please always check your order email confirmation; should there be any discrepancies, please let us know immediately via email as changes to orders might not be possible once the order is in the warehouse. 

3 ORDER PROCESS AND CONTRACT FORMATION

3.1 The steps required to create a contract of sale between you and us are as follows:

On this website, you will be guided through the process of placing your order by a series of simple instructions. You will place your order by pressing the order confirmation buttons during the checkout process.

3.2 Please note that completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order will take place only when we dispatch the product(s) or commencement of the services that you ordered from us.

3.3 If you supplied us with your email address when entering your payment details (or if you have a registered account with us), we will notify you by email as soon as possible to confirm that we have received your order.

3.4 All products that you order through the Website will remain the property of Present and Gifted until we have received payment in full from you for those products.

3.5 All card payments are subject to authorisation by your card issuer and we take payment when we accept your order shortly before dispatch. If your payment is not received and you have already received the products you ordered from us, you must pay for the products or return those products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect or arrange for collection of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order.

3.6 If we cannot supply you with the product or service you ordered, we will not process your order, inform you of this in writing (including e-mail) and, if you have already paid for the product or service, refund you in full as soon as reasonably possible.

4 DELIVERY

4.1 Delivery charges and estimated timescales are detailed in this website on our delivery page and when you place your order. We make every effort to deliver your order within the estimated timescales communicated to you.

4.2 Risk of loss and damage to your order passes to you on the date when the goods are delivered or on the date of first attempted delivery by us.

4.3 Further delivery information is supplied on the ‘Delivery’ page on the website.

5 SUBSTITUTE GOODS

5.1 We will never supply you with substitute goods, unless agreed with you in advance.

6. Refund Policy
If you are eligible for a refund, we will refund you back to the method of payment you used when you originally paid for your order. The refund amount will be the total amount you have paid for the particular order or a fraction of this, depending on the nature of the fault at hand. Please note: it is your responsibility to advise us of any changes to your PayPal email address. Refunds can take up to 30 days from receipt of the return.
7. Warranty
All products supplied by Present and Gifted have a 6 month manufacturer’s warranty period from the date the goods were delivered (unless otherwise stated and excluding consumables). This warranty does not affect your statutory rights as a consumer.
Please note, the warranty does not cover you for any defects in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use.  Large furniture items are not covered as these items are made of recycled wood. Consumable items, (e.g. batteries) are covered for physical defects in accordance with the terms above.  Consumable items, (e.g. batteries) are not covered for replacement during 'normal' use.

7.1. Faulty Item(s)
If you receive goods that are faulty or incomplete on arrival, you must notify us within 72 hours of receipt of the item in writing (by e-mail or by using the Contact Us page on the website).

Please note we will offer a refund for any Faulty items instead of a replacement for orders overseas.

We do not cover faults caused by accident, neglect, misuse or normal wear and tear. Consumable items, such as non-rechargeable batteries will be replaced if found to be inoperative on delivery,  consumable items, (e.g batteries) are not covered for replacement during 'normal' use.

For items to the value of £15 sale price before VAT, excluding silver jewellery items, we request photographic evidence of any visible faults instead of a return.  We request that any damaged silver jewellery items be returned to us as a 2nd Class large letter, please see our Returns Procedure (see condition below). 

The goods should be returned to us in line with our Returns Procedure (see condition below).
We will check products returned as faulty. If the fault is verified, we will replace the item within 5 working days at no additional cost to you and you will be reimbursed for any reasonable carriage costs incurred by the return. If, for any reason, we are unable to replace the item (for example, due to discontinuation of a product), you will be offered a choice of a substitute alternative product or a refund for the faulty item.

For items over £15 sale price before VAT, please contact us via email at info@presentandgifted.co.uk describing the type and extent of the fault and we will advise you how to proceed.

Please do not place duplicate orders for replacement of damaged/faulty goods.

For heavy, courier delivered items of the value of over £15 sale price before VAT with visible fault (s) that we wish returned to us we can, upon request, despatch a replacement item and arrange a courier collection of the damaged item at the same time (*please note this is only available in the circumstance that the recipient will be available at the address to pass the faulty goods to the courier)

In the event the faulty goods are to be returned to us by the recipient, please see our Returns Procedure (see condition below).  If the goods you have returned are found not to be faulty, you will be notified in writing.  You will receive a refund or an offer of a replacement for the original goods, however we will ask you to cover the delivery charges, and no return delivery charges will be refunded.
7.2. Item(s) Damaged on Arrival
In the unlikely event of you receiving a damaged product, you should notify us in writing (either by e-mail info@presentandgifted.co.uk or by using the Contact Us page on the website) within 48 hours of receipt of the goods. For items to the value of £15 sale price before VAT, excluding silver jewellery items, we request photographic evidence of any visible damage instead of a return.  We request that any damaged silver jewellery items be returned to us as a 2nd Class large letter, please see our Returns Procedure (see condition below). 

For items over £15 sale price before VAT, please contact us via email at info@presentandgifted.co.uk describing the type and extent of the damage and we will advise you how to proceed.

For heavy, courier delivered items of the value of over £15 sale price before VAT with visible damage that we wish returned to us we can, upon request, despatch a replacement item and arrange a courier collection of the damaged item at the same time (*please note this is only available in the circumstance that the recipient will be available at the address to pass the faulty goods to the courier).

Please note we will offer a refund for any damaged items instead of a replacement for orders overseas.

In the event the damaged goods are to be returned to us by the recipient, please see our Returns Procedure(see condition below). Once we have received the goods at our Despatch Depot, we will examine the goods for the damage. If the damage is verified, we will replace the item within 3 working days at no additional cost to you and you will be reimbursed for any reasonable carriage charge incurred by the return.
If the goods you have returned are found not damaged, you will be notified in writing. You will receive a refund or an offer of a replacement for the original goods, however we will ask you to cover the delivery charges, and no return delivery charges will be refunded.

7.3. Wrong Item(s) Delivered
If, by mistake we supply you with an incorrect item, you must notify us within 30 days.  If you wish to return the item for replacement it must be in line with our Returns Procedure (see below).  Depending on the value of the item (see below) you are free to keep the item if you are happy with it, and any refund for a difference in value will be issued, conversely if the item is of higher value than the original item paid for a PayPal request will be sent for the difference.

7.3.1

If the projected reasonable carriage costs for an item to be returned exceeds the value of the item (it's original sale price as listed on the Present and Gifted website & data feeds), we will ask for photographic evidence that the item is incorrect, you are then free to dispose of the incorrect item in the manner most convenient to yourself.

The goods should be returned to us in line with our Returns Procedure. Once we have received the incorrect items at our Despatch Depot or received proof of postage, the correct items will be shipped within 2 working days and you will be reimbursed for any reasonable carriage charge incurred by the return.

In the event of an item of over 2kg in weight we can arrange a courier collection at the same time as the correct item is delivered (this service is only available if there will be somebody present at the delivery address to accept the delivery and pass back the incorrect goods).

7.4. Item(s) Not Required
If you wish to return an unwanted item, you must notify us in writing (either by e-mail or by using the Contact Us page on the website) within 14 days of receipt of the item. A refund will be credited back to your original method of payment for the item only within 30 days of you notifying Present and Gifted of the cancellation. Providing we have received the item back.
The item should be returned to us in line with our returns instructions within 28 days of you notifying us. You will be responsible for returning the goods at your own cost, and they should be returned in their original packaging and 'as new'.
This condition does not apply to perishable (those items supplied with a printed Use By date) items, unless previously agreed in writing with Present and Gifted.
7.5. Extra Item(s) Delivered
If, by mistake we supply you with extra items, you must notify us immediately, either in writing (by e-mail or by using the Contact Us page on the website) The item(s) should be returned to us in line with our Returns Procedure (see condition below). Once the goods have been returned to the Despatch Depot, you will be reimbursed for any reasonable carriage charge incurred by the return.
*If you do not inform us of receipt of extra items and you are found in possession of goods that you have not paid for, you could be charged for the goods in full.

7.6 Non-Delivery of Item(s)

We class an order as non-delivery if it has not arrived within 2 weeks. You have 21 days from when you made you payment to notify us of any missing, damaged or faulty items. Orders over this time period will not refunded or replaced. Please contact Present and Gifted via email info@presentandgifted.co.uk or the ‘contact us’ form on the website. Please provide us with the original order number as reference.

We will then investigate the non-delivery with the relevant delivery service provider used for the order and offer you a replacement order to be sent out or a full refund for the undelivered goods within the required 21 days.

Please note we will offer a refund for any missing items instead of a replacement for orders overseas.

8. Returns Procedure

Please note, as stated above, in the event of an item arriving damaged contact must be made to ourselves via Email and we will advise whether a return is necessary.  We request photographic evidence of all damages wherever possible (excluding silver jewellery), rather than a return.
Items should be returned in their original packaging and 'as new' to the Despatch Depot. We will provide you with this address in our correspondence.   

Before returning any items, you must inform Present and Gifted of the reason for the return. Please quote your original order number on all returns and correspondence.

In the event of an item returned to Present and Gifted not arriving, you will be asked to provide tracking details (where applicable) or a receipt of proof of postage.

We advise that customers return items of high value (£15 or more) a return signed for second class.

If an item(s) is returned to Present and Gifted without any written communication, and not in line with our returns procedure, Present and Gifted will not compensate for any transport costs involved.
9. Limitation of Liability
Present and Gifted will not be liable to you for any loss or damage in circumstances where:
1. There is no breach of a legal duty owed to you by Present and Gifted or by its employees or agents;
2. Such loss or damage is not a reasonably foreseeable result of any such breach;
3. Any increase in loss or damage resulting from breach by you of any item of this contract.
10. Data Protection
Present and Gifted will take all reasonable precautions to keep the details of your order and payment secure. However, unless Present and Gifted are negligent, we will not be liable for unauthorised access to information supplied by you.

11. Images

All though all effort is made to update product images on a regular basis product images are for illustrative purposes and may differ from the actual product.  Please note there will be variations in colours pertaining to products manufactured from natural materials (e.g Soap Stone). 

No replacements will be made if a customer is dissatisfied with the colour of a soapstone product as soapstone can vary from any colour between pink and black.  If a customer wishes to return a soapstone item due to it's colour it should be returned in line with the returns procedure and a refund in full will be given for the original item cost, no refund will be made for carriage fees involved.

No replacements will be made if a customer is dissatisfied with the colour of any product which is listed as having varying colours in the description.  If a customer wishes to return a varying colours item due to it's colour it should be returned in line with the returns procedure and a refund in full will be given for the original item cost, no refund will be made for carriage fees involved.

12. Governing Law and Jurisdiction
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.
13. Protecting Your Security
All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

 14. Cosmetic Goods
All of our products intended for cosmetic use are certified and tested as required by law, and ingredients for any of these items is available upon request.  Present and Gifted highly recommends that end users of these products perform a patch test before using any cosmetic product for the first time, and periodically thereafter as allergies can develop from the repeated use of ANY cosmetic product. 

 15. Misuse of Goods

Cosmetic Use Disclaimer
We make every reasonable effort to ensure that the information on this website is accurate and up-to-date. The material here is intended to provide general information and users are advised to seek further legal guidance before acting or relying on the contents. We disclaim all liability for loss and/or damage that may result from the use of information contained on this site.

Present and Gifted will not be held responsible for any death or personal injuries that occur from the misuse of goods advertised on this website.

Copyrights
All website design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets), and all other material on this website are copyright of Present and Gifted Ltd and its affiliates, or their content and technology providers. ALL RIGHTS RESERVED.
Any use of materials on this website (including reproduction, modification, distribution, or republication) without the prior written permission of Present and Gifted Ltd is strictly prohibited.
Trademarks
Present and Gifted referenced on this website is the trademark or registered trademark of Present and Gifted Ltd in the UK and/or other countries. Other product and company names mentioned on this website may be the trademarks or registered trademarks of their respective owners.

16. Returns of cosmetic items:

If you wish to return an unwanted cosmetic item, you must notify us (by e-mail or by using the Contact Us page on the website) within 3 days of receipt of the item. A refund will be credited back to your original method of payment for the item only within 30 days of you notifying Present and Gifted of the cancellation. Providing we have received the item back.
The item should be returned to us in line with our returns instructions within 7 working days of you notifying us. You will be responsible for returning the goods at your own cost, and they should be returned in their original packaging and 'as new'.

17 GENERAL

7.1 These terms & conditions supersede any other terms & conditions previously published by us and any other representations or statements made by us to you, whether oral or otherwise.

7.2 You may not assign or sub-contract any of your rights or obligations under these terms & conditions to any third party unless we agree in writing.

7.3 We may assign, transfer or sub-contract any of our rights or obligations under these terms & conditions to any third party at our discretion.

7.4 No relaxation or delay by us in exercising any right or remedy under these terms & conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

7.5 If any of these terms & conditions is found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these terms & conditions shall remain in full force and effect.

7.6 Only you and we shall be entitled to enforce these terms & conditions. No third party shall be entitled to enforce any of these terms & conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

7.7 Any contract between you and us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England.

18 EXCLUSIONS OF LIABILITY

8.1 We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these website terms or you use of the website.

8.2 Except to the extent required by applicable law, Present and Gifted shall not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed on this website.

8.3 You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Present and Gifted 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.

8.4 These exclusions shall be governed by and construed with English law. If any provision 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.

19 LIABILITY

9.1 You have certain rights as a consumer, including legal rights relating to faulty or mis-described goods. For further information about your legal rights in the UK, contact your local authority Trading Standards department. Nothing in these terms & conditions will affect these legal rights and, in particular, we will perform our obligations under these terms & conditions with reasonable care and skill.

9.2 Any products we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a replacement or, where this is not possible, for a refund.

9.3 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms & conditions. We will not be liable to you if we are prevented or delayed from complying with our obligations under these terms & conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.

9.4 You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice.

9.5 Our maximum liability to business users arising out of or in connection with the goods shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition. In any event, we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.

20 DATA PROTECTION

20.1 Your privacy is very important to us. Please review our Privacy Policy which explains how we will use your personal information that you disclose to us when placing the order.

21 ABOUT US

21.1 ‘presentandgifted.co.uk’ is a trading name of Present and Gifted.

22.2 This website is operated by Present and Gifted.

 If you have any queries, please don't hesitate to contact us at info@presentandgifted.co.uk or via our Contact Us page.