Terms and Conditions
Trading Terms and Conditions of FestiveHomeGifts.com
- These terms and conditions
regulate the business relationship between you and us.
By using Our Website in any way, or by
buying from us, you agree to be bound by them.
- No person under the age of 18
years may purchase Goods.
forward to seeing you again when you are over 18.
- Our address is: FestiveHomeGifts.com
Ltd, Block 2 Crossford Court, Dane Road, Sale, Cheshire, M33 7BZ, United
- You are: a visitor to Our
Website / our customer
- The terms and conditions:
- “Carrier”means any person or business contracted by us to
carry Goods from us to you.
- “Consumer”means any individual who, in connection with this
agreement, is acting for a purpose which is outside his business.
- “Content”means any content in any form
published on Our Website by us or any third party with our consent.
any of the goods we offer for sale on Our Website, or, if the context
requires, goods we sell to you.
- “Our Website”means the entire computing
hardware and software installation that is or supports our website
including associated Social Media Pages and 3
rd party store
extension channels including Ebay, Amazon and Facebook.
- "Post" means display, exhibit, publish,
distribute, transmit and/or disclose information, Content and/or other
material on to Our Website, and the phrases "Posted" and
"Posting" shall be interpreted accordingly;
- In this agreement unless the
context otherwise requires:
A reference to
a person is a reference to one or more individuals, whether or not formally in
partnership, or to a corporation, government body, or other association or
agreement references to a party include references to a person to whom those
rights and obligations are transferred or pass as a result of a merger, division,
reconstruction or other re-organisation involving that party.
acknowledges that, in entering into this agreement, he does not rely on any
representation, warranty, information or document or other term not forming
part of this agreement.
given by us in relation to exchange rates are approximate only and may vary
from time to time.
If, by mistake,
we have under-priced an item, we will not be liable to supply that item to you
at the stated price, provided that we notify you before we dispatch it to you.
Where a chargeback is raised by or on behalf
of you in a situation where an order has been delivered, has not be properly
cancelled in accordance with our returns policy, is still to be delivered, or
is otherwise covered by a clause or term in these terms and conditions then we
shall be entitled to recover the full order cost from you by civil means. We
further shall be entitled to charge you an administration fee of £50 payable
immediately upon demand, to cover provisions to handle the chargeback.
If you have
asked us to remember your credit card details in readiness for your next
purchase or subscription, we will securely store your payment details on our
systems. These details will be fully encrypted and only used to process your
automatic monthly payments or other transactions which you have initiated.
- This paragraph applies if and
only if, you are a citizen of the European Union, and you bought the
Goods as a Consumer.
You may cancel
your order at any time before we despatch your order or before the expiry of 14
calendar days from the date you receive your order.
No term in this
agreement shall take effect to reduce or remove any right you have under any
law on account of your status as a consumer.
As required by
the Distance Selling Regulations, details of our after-sales service and
guarantees, if any, are given on our website / in our catalogue.
The option to
cancel your order is not available if the Goods are:
After we have
despatched the Goods, you may cancel your order provided that you notify us via
our contact form within fourteen calendar days of physical receipt, and then return
the Goods to us within 14 calendar days from date of notice and intent to
return. If you do, we will refund to you the price of the Goods and our
delivery charge, if any.
If you cancel
your order after we have despatched the Goods, you must return them to us in
the same condition in which you received them.
We cannot refund your money if the Goods have been used, worn or
If you fail to
return the goods, within 14 calendar days from date of notice and intent to
return, we are entitled to arrange for their collection.
If we do we shall look to you to repay us the
cost of collection.
- This paragraph applies only if
credit facilities have been granted to you.
9.1We may remove, alter or change any past,
current or future promotions on Our Website at any time and without notice. Any
promotion is an offer to you, and is not required to be entered into nor
honoured by us, and we reserve the right to refuse and cancel orders in case of
abuse or error in promotional validity against Goods and orders. You also agree
to Terms and Conditions of our free loyalty scheme FestiveRewards. Our
affiliate marketing program is governed by our standard Trading Terms and
Conditions, and additional separate terms which will be provided by e-mail upon
acceptance into the program. We reserve the right to withdraw, remove, or
temporarily suspend any affiliate program or affiliate account at anytime, and
without notice. It is the responsibility of each affiliate partner to fully
declare any income received through our affiliate program, if required by law
in their domiciled registered account country or territory.
FestiveHomeGifts.com Ltd accepts no responsibility for affiliate partner
failure to declare income received through our affiliate program to relevant
tax and revenue authorities, nor does FestiveHomeGifts.com Ltd act as a knowledgeable
agent into legal tax and revenue requirements of each affiliate partners
domiciled account country or territory.
be made by the Carrier to the ‘Ship To’ address stipulated in your order. We
are not responsible for the accuracy of the ‘Ship To’ address provided which
FestiveHomeGifts.com Ltd trusts you to provide in full and that it is accurate.
When an incomplete or inaccurate ‘Ship To’ address is provided,
FestiveHomeGifts.com Ltd may contact you to clarify the details, which may
results in a delay to processing the order.
We will pass on
the order e-mail address and or contact number to the Carrier to provide you
with a fully traceable and enhanced delivery experience.
will continue to update you on the progress of your delivery once it has left
our premises. If the Carrier states they will deliver on a particular day or at
a particular time, they will do their best to comply. We do no guarantee the
accuracy of order tracking or updates once the order has left our premises and
we do not accept responsibility or liability for inaccurate information
provided by Carrier websites or software with regards to location or stage of
delivery of Goods. No time or date given is to be treated as contractual.
FestiveHomeGifts.com Ltd and the Carrier are not liable to you for any expense
of inconvenience you incur on account of delayed delivery or non-delivery.
Goods are sent
at our risk until signed for by you or by any other person at the ‘Ship To’
address you have given to us, or when delivered to the requested ‘safe place’
or ‘deliver to a neighbour’ or ‘DPD pickup shop’ or ‘pickup from depot’
options, which have been requested and accepted by you independently to the
Carrier, after which you accept full responsibility and liability for the
delivery once the Carrier has delivered to or made available the requested
If no one is
available to accept delivery, and no further delivery options have been
requested the driver may hold onto the delivery and notify you of a failed
delivery attempt by e-mail. You will then need to follow instructions as
provided by the Carrier to rearrange delivery within the set time period,
typically 14 calendar days. If no attempt to rearrange delivery has occurred
following a failed delivery notice, the parcel will after the set time period
be automatically returned to FestiveHomeGifts.com Ltd. FestiveHomeGifts.com Ltd
is under no obligation to send out the order again following a returned failed
delivery unless another appropriate delivery charge is paid which may include
recovery of the return failed delivery charges levied and determined by the
Carrier. Goods will not be refunded until contact is made by the Consumer
following the return of the failed delivery, less the original delivery and
return failed delivery charges.
When your Goods
arrive it is important that you check immediately the condition and quantity.
If your Goods have been visibly damaged in transit, you must refuse the
delivery and contact us so that we may dispatch a replacement quickly to
minimise your inconvenience. Signing
"Unchecked", "Not Checked"
or similar is not acceptable.
If you claim
your order has not been delivered, yet the Carrier confirms delivery you will
be required to contact the local delivery depot. If after investiagation the
Carrier confirms delivery, we are under no obligation to refund for Goods which
are claimed to be lost.
we will not be able to assist you in
loading heavy items;
Goods are at your risk from the
moment they are picked up by you or your Carrier from our shop / warehouse;
you agree that you are responsible
for everything that happens after you take possession of the Goods, both on and
off our premises, including damage to property of any sort, belonging to any
If you are not
in the UK, we have no knowledge of, and no responsibility for, the laws in your
the defect must be reported to us
within four weeks of becoming apparent;
the defect results only from faulty
design or manufacture;
you have returned the defective
Goods or parts to us if we have so requested.
- These provisions apply in the
event that you return any Goods to us for any reason:
return a product to us, please carefully re-read the instructions and check
that you have assembled it correctly and complied with any provisions relating
to the power supply, plugs and sockets.
You must tell
us via our contact form that you would like to return Goods, specifying exactly
what Goods and when purchased, and giving full details of the defect or other
reason for return.
We will then issue a
If you send Goods to us
without a returns note, we may not be able to identify sufficient details to
enable us to attend to your complaint which may delay the returns process.
If it is deemed that a Consumer is abusing or making a high number of return requests, FestiveHomeGifts.com Ltd reserves the right to close
permanently Consumer accounts (and associated or linked accounts) without
notice and without confirming the reason or evidence. FestiveHomeGifts.com Ltd may also close Consumer accounts without notice which make a high number of after delivery support queries including but not limited to claims of missing products from order(s), products claimed to have ceased operating close to statutory faulty reporting deadline times, or claims of poor product quality. Subsequent orders placed from closed Consumer accounts will be cancelled, and access to Our Website will be restricted.
and electronic Goods of Porcelain or Wooden Lighted Houses, Christmas Lights
and Music Boxes are not included nor fall reasonably within the categories
covered by the latest Regulations 2013 which came into force 1
January 2014. We are therefore not required and do not offer a service to take
back from your any electronic or electrical product when buying a similar
product from us.
We or our
Content suppliers may make improvements or changes to Our Website, the Content,
or to any of the Goods, at any time and without advance notice.
the quality of the Goods;
any implied warranty or condition as
to merchantability or fitness of the Goods for a particular purpose;
the correspondence of the Goods with
the adequacy or appropriateness of
the Goods for your purpose;
the truth of any Content on Our
compliance with any law;
non-infringement of any right.
We are not
liable in any circumstances for special, indirect or consequential loss or any
damages whatsoever resulting from loss of use, loss of data or loss of revenues
or profits, whether in an action of contract, negligence or otherwise, arising
out of or in connection with your use of Our Website or the purchase of Goods.
Except in the
case of liability for personal injury or death, our liability under this
contract is limited, to the maximum extent permitted by law, to the value of
the goods or services you have purchased.
You agree that
you have provided, and will continue to provide accurate, up to date, and
complete information about yourself.
need this information to provide you with the Goods.
- As a condition of your use of
Our Website, you agree to comply with these provisions:
We may, at our
discretion, read, assess, review or moderate any Content Posted on Our Website.
If we do, we need not notify you or give you a reason.
be malicious or defamatory;
consist in commercial audio, video
or music files;
be software which assists in or
promotes: emulators, phreaking, hacking, password cracking, IP spoofing;
be illegal, obscene, offensive,
threatening or violent;
be sexually explicit or
promote discrimination or animosity
to any person on grounds of gender, race, religion, nationality, disability,
sexual orientation or age;
be likely to harass, intimidate,
bully, upset, embarrass, alarm, annoy any other person;
be likely to deceive any person or
be used to impersonate any person, or to misrepresent your identity, age or
affiliation with any person;
give the impression that it emanates
from us or that you are connected with us or that we have endorsed you or your
solicit passwords or personal
information from anyone;
be used to sell any goods or
services or for any other commercial use;
be used to send any communication by
automated email or otherwise;
include anything other than words
(i.e. you will not include any symbols or photographs) except for a photograph
of yourself in your profile in such place as we designate;
be incomplete or inaccurate or
submitted otherwise than as requested by Our Website or Social Media Site pages
used by us;
request personal information from
other users nor Post any unnecessary personal information about you or any user
without his permission.
link to any of the material
specified above, in this paragraph.
- You agree that you will not
use or allow anyone else to use Our Website:
the bulk sending of unsolicited
messages, or the sending of unsolicited emails which provoke complaints from
the use of distribution lists that
include people who have not given specific permission to be included in such
excessive and repeated Posting
off-topic messages to newsgroups;
communications or Content to anyone under the age of 18.
that you are personally responsible for your breach of intellectual property
rights, defamation, or any law, which may occur as a result of any Content
having been Posted by you;
grant to us the right and licence to edit, copy, publish, distribute, translate
and otherwise use in any medium and for any purpose any Content that you place
on our website, throughout the World and in any medium. You represent and
warrant that you are authorised to grant all such rights;
We are under no
obligation to monitor or record the activity of any customer for any purpose,
nor do we assume any responsibility to monitor or police Internet-related activities.
However, we may do so without notice to you and without giving you a reason.
Your claim or complaint must be
submitted to us in the form available on our website, or contain the same
information as that requested in our form. It must be sent to us by post or
we shall remove the offending
Content as soon as we are reasonably able;
after we receive notice of a claim
or complaint, we shall investigate so far as we alone decide;
re-instate the Content about which you have complained or not.
In respect of
any complaint made by you or any person on your behalf, whether using our form
of complaint or not, you now irrevocably grant to us a licence to publish the
complaint and all ensuing correspondence and communication, without limit.
- We may, at our discretion give
you permission to access Our Website for the purpose of Posting or
uploading Content of some sort. We may read, assess, review or moderate
any Content Posted on Our Website. If we do, we need not notify you or
give you a reason.
- If you violate or use
unlawfully or immorally Our Website, we will take the strongest action
against you that we can. By breaching this provision, you would commit a
criminal offence under the Computer Misuse Act 1990. Your action may also
be unlawful in other countries, where you may accordingly be subject to
extradition and criminal proceedings.
- You now agree that you will
not, and will not allow any other person to:
or cause damage or unintended effect to any portion of Our Website, or any software
used within it.
or duplicate in any manner any of the Content or information available from Our
Website, other than as permitted by this agreement or as is reasonably
necessary for your use of our Website;
for any purpose
use our name, any proprietary information (including images, text, page layout,
or form) of ours or of our affiliates in any way and in particular to entice
search robots to some other website;
or upload files that contain software or other material, data or information
not owned or licenced to you, including pirated computer programs, pirated
music or other media or links to any such files;
upload or distribute by any means any material or files that contain any
viruses, bugs, corrupt data, “Trojan horses”, “worms” or any other harmful
data mining, extraction or
emulating, phreaking, hacking,
password cracking, IP spoofing or over-loading Our Website;
framing”, inserting pop-up windows,
interstitial pages or advertisements, or similar techniques.
performing any automated operation;
create a hyperlink to Our Website
for the purpose of promoting an interest common to both of us. You can do this
without specific permission. This licence is conditional upon your not
portraying us or any product or service in a false, misleading, derogatory, or
otherwise offensive manner. You may not use any logo or other proprietary
graphic or trademark of ours as part of the link without our express written
you may copy the text of any page
for your personal use in connection with the purpose of Our Website.
- You agree to indemnify us against
any claim or demand, including reasonable lawyers’ fees, made by any
third party due to or arising in any way out of your use of Our Web Site,
your posting any Content, or the infringement by you, or by any other
person using your computer, of any intellectual property or other right
of any person.
We will defend
the intellectual property rights in connection with our Goods and Our Website,
including copyright in the Content whether provided by us or by any other
content provider (including copyright in:
text, graphics, logos, icons, images, audio clips, digital downloads,
data, and software).
Except as set
out below, you may not copy, modify, publish, transmit, transfer or sell,
reproduce, create derivative works from, distribute, perform, display, or in
any way exploit any of the Content, in whole or in part.
Subject to the
other terms of this agreement, you may download or copy Content only for your
own personal use, provided that you maintain all copyright and other notices
contained in it. You may not store electronically any significant portion of
provide goods or services without specific charge to you, then it (or they) is
deemed to be provided free of charge, and not to be associated with any other
goods or service for which a charge is made.
Accordingly, there is no contractual nor other obligation upon us in
respect of those goods or that service.
If any term or
provision of this agreement is at any time held by any jurisdiction to be void,
invalid or unenforceable, then it shall be treated as changed or reduced, only
to the extent minimally necessary to bring it within the laws of that
jurisdiction and to prevent it from being void and it shall be binding in that
changed or reduced form. Subject to that, each provision shall be interpreted
as severable and shall not in any way affect any other of these terms.
- It shall be deemed to have
- if delivered by hand: on the
day of delivery;
- if sent by post to the
correct address: within 72 hours of posting;
construction and performance of this agreement shall be governed by the laws of
England and Wales.
Trading Terms and Conditions of FestiveHomeGifts.com
Ltd last updated 22
nd July 2016.