Welcome to our Terms & Conditions page
As the owner of the company, I try to keep things simple, but I have to give the legal stuff. Please contact me if you have any problem with one of my products. I want a happy customer which means I will do everything I can to sort problems.
This site is owned by David’s Gifts Ltd (hereafter THE MERCHANT), with registered address at 218 Sandpiper Drive, East Kilbride, G75 8UW, United Kingdom (hereafter THE MERCHANT ADDRESS), and email address at [email protected]
Any purchase of goods from our website Store (hereafter THE MERCHANT SITE) implies that the customer has fully accepted these terms and conditions.
These terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by THE MERCHANT for the customer.
All contractual information will be confirmed by email to the address specified by the customer during the purchasing act.
Proof of Transaction
The records stored in THE MERCHANT’s computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties.
Purchase orders and invoices are stored on a reliable and durable system and can be produced as evidence.
Every effort has been made to ensure the accuracy of the information presented on THE MERCHANT SITE. THE MERCHANT or its suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where THE MERCHANT was aware of the possibility of such damages. Manufacturer and brand names are only used for identification purposes. Product photos, descriptions and prices are non-contractual.
Validity Period of Offer and Prices
Our offers and prices are valid for the day the site is consulted and are subject to change without notice.
Products are delivered to the address specified by the customer on the purchase order and only to geographic zones that we service.
All products leave our premises in perfect condition. The customer must notify the carrier (or postman) of even the slightest trace of damage (holes, signs of crushing, etc.) to the parcel, and refuse the package if necessary. A new, identical product will then be sent to the customer at no additional charge.
No exchanges can be made at a later time for goods claiming to be damaged during carriage without notification at the time of reception.
As with any shipment, a delay or loss of goods is possible. In such a case, the carrier shall start an investigation. Every effort is made, for as long as necessary, to find the package. If the package is not found, the carrier will reimburse THE MERCHANT, who will deliver a new, identical package to the customer free of charge.
We shall not be held responsible for delayed delivery times due to the carrier, including for the loss of goods, bad weather or strikes.
Loss or Damage in Transit
THE MERCHANT will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to THE MERCHANT and the carrier within three (3) business days of delivery.
In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by THE MERCHANT or its representatives on request. Merchant will normally ask customer to email photographic evidence of damage to [email protected]
The customer must inform THE MERCHANT immediately (the same day or, at the latest, the first business day following delivery) concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the purchase order.
Any claim made after this time period will be rejected.
All claims must be made in writing and sent to THE MERCHANT ADDRESS.
Any claim that does not respect the rules defined above cannot be taken into account and releases THE MERCHANT of any responsibility to the customer.
In the case of delivery error or exchange, all goods to be exchanged or refunded must be returned to THE MERCHANT in whole, in its original packaging and in perfect condition to THE MERCHANT ADDRESS.
For claims to be accepted, the customer must first make a declaration to THE MERCHANT concerning any returns and receive and THE MERCHANT’s consent. If accepted, the customer will ship the package to THE MERCHANT ADDRESS.
Shipping fees shall be at THE MERCHANT’s expense, except in the case where the goods do not correspond to the original declaration made by the customer concerning the return.
The provisions hereof cannot deprive the customer of their right to legal warranty requiring THE MERCHANT to protect the customer against latent defects of goods sold.
The customer is expressly informed that THE MERCHANT is not the manufacturer of the goods presented in THE MERCHANT SITE and that THE MERCHANT shall not be held liable for defective goods.
In the case of damage to a person or property resulting from a product defect, only the product manufacturer shall be held liable and sought after by the customer, by means of the information provided on the packaging of said product.
Right to Withdrawal
In accordance with the Consumer Contracts Regulations June 2014, the customer has the right to a cooling off period of fourteen (14) days, starting at the time goods are received, to cancel the contract and return said goods at their own expense, without having to give a reason. All returns must be indicated beforehand with THE MERCHANT customer service department and an RMA number must be issued and included inside the returned parcel. All goods must be returned to THE MERCHANT ADDRESS.
The cooling off period and right to cancel do not apply to orders for any goods made to your specification. Custom made Gift Baskets are normally non-returnable. Please contact us to discuss if any credit is possible.
Only complete and unused goods in perfect condition for resale will be accepted. No refunds or exchanges will be made for incomplete, damaged or unsealed goods, including damage to original packaging. Gift basket shrink wrap must still be in place. The customer can exercise this right to withdrawal without penalty, excepting the return fee for the goods. If the customer exercises the right to withdrawal, they have the option of requesting a full refund or exchange of goods. If an exchange is requested, all shipping expenses shall be the responsibility of the customer.
The customer is responsible for the cost of returning the goods, should they wish to exercise their Right to Withdraw and the goods should be sent by a tracked service and insured against loss or damage.. The customer should check the cost of returning the goods prior to arranging a return with THE MERCHANT customer service department.
If the right to withdrawal is exercised, THE MERCHANT will refund the customer within 14 days of receipt of the goods.
Right of Use
The use of any trademarks, logos or brands present on the site is strictly forbidden.
Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties’ control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the British courts, a event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks.
In such circumstances, the party delayed or unable to perform (“Delayed Party”) shall notify the other party (“Affected Party”) within ten (10) business days following the date such events become known.
These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.
No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party’s right to demand exact compliance with the terms hereof.
All personal data you provide us is used to process your orders. This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 1998.
Applicable Law and Competent Jurisdiction
In form and content, these Terms and Conditions shall be governed by and construed in accordance with Scottish law. All orders placed on THE MERCHANT SITE strictly imply the acceptance of THE MERCHANT’s terms and conditions.
In case of dispute or claim, the customer agrees to seek an amicable solution with THE MERCHANT before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the Scottish courts.
Delivery dates for international orders cannot be guaranteed as orders may be subject to delays during the customs process.
David’s Gifts will not be responsible for delays caused by Customs clearance and will not refund the cost of the product or the shipping costs if the order is held or delayed by Customs. Please note that in some cases the recipient may be charged by local Customs for taking delivery of the product. David’s Gifts Ltd will not be in any way responsible for local taxation or Customs charges. Please do not place an order if you have any doubt.
Due to customs restrictions, we are unable to send any liquids or products containing meat or alcohol internationally. Recipients of deliveries MAY have to pay an import duty on delivery of the parcel. This charge, if applied, is imposed at the discretion of the incoming countries Government and neither David’s Gifts, nor any shipping company used, have any control over whether this charge may be applied.
We make every effort to ensure custom clearance is as efficient as possible by supplying all necessary documentation regarding contents.
Please note that if your order is held or delayed by Customs the customer is responsible for communicating with them and our couriers to release it.
Having got that out of the way, I repeat. I want all my customers to be happy with my products. If for any reason, or even if you just want to say I have good products, please contact me.