In these terms and conditions:-
"Conditions" means these terms and conditions and includes any special terms and conditions agreed in writing between the Customer and the Seller;
"Contract" means the contract for the sale of the Products;
“the Customer” and “you” means you, the user of this Website:
"Delivery address" means the delivery address stated in the Order;
"Information" means any and all material contained in this Website:
"Order" means the Customer's order for the Product(s);
"Price" means the price of the Products:
“the Seller” or “we” or “us” means The Healthy Hamper Company Ltd, a company incorporated in Scotland (Company Number SC554003) and with its Registered Office at 12 Moorfoot View, Gorebridge, Midlothian, EH23 4TN;
“the Website” means the website of The Healthy Hamper Company Ltd operating under the domain www.thehealthyhamper.co.com;
2. Basis of Use of the Website
2.1 You agree to the following:-
2.1.1 that you are aged 18 or over and are legally capable of entering into binding contracts;
2.1.2 that you understand, acknowledge and accept the exclusion of liability and disclaimer provisions contained hereafter;
2.1.3 that you will only view the Information for your own private purpose and will not publish, reproduce, store or retransmit any of the Information contained in the Website at any time;
2.1.4 that you shall not use the Information for any unlawful purpose or in any unlawful manner;
2.1.5 that you shall not use the Website or the Information in any manner which may constitute an infringement of any third party rights (including but not limited to rights of copyright, trademark or confidentiality);
2.1.6 that you shall not run any tools on the Website that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, educational or for any other use;
2.1.7 that all intellectual property rights (including without limitation copyright, trademarks and all other rights) whatsoever in the Information and the Website shall remain vested in The Healthy Hamper Company Ltd at all times; and
2.1.8 that you acknowledge that the Seller has no obligation to provide the Website or any Information or to ensure that you are able to use, provide and/or access the Information and the Website.
2.2 You also agree and undertake that you shall not:-
2.2.1 upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material that we deem to be unlawful, libellous, pornographic, harassing, racially, ethnically or otherwise objectionable;
2.2.2 upload or transmit any material that would constitute or encourage a criminal offence or violate the rights of any party;
2.2.3 impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or
2.2.4 upload, post, e-mail, transmit, or otherwise make available any material that contains software viruses or programs designed to negatively affect the functionality of any system, computer software, hardware or telecom equipment.
2.3 You are responsible for all use of the Website made by you and for preventing unauthorised use of your user name and password. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your user name and password, please notify us immediately.
2.4 Without limiting our other remedies, we may immediately issue a warning, suspend or terminate your subscription, use or access to this Website and refuse to provide our services to you without notice to you: (a) if you breach any of these Conditions or warranties or any documents incorporated by reference or; (b) if we are unable to verify or authenticate any information that you provide to us during the course of any applicable registration or; (c) if we believe that your actions may cause legal liability for you, our users (registered or otherwise) or us.
2.5 The Website is presented on an "as is" basis. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these Conditions or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent that such representations and warranties are not excludable by law. The information displayed is of a general nature and is not intended to address your particular requirements or constituting any form of advice, recommendation or arrangement by us.
2.6 We make all reasonable efforts to ensure that the information on our Website is accurate and up-to-date. However, you should always independently check any information before you rely on it. We do not represent or warrant that the information accessible via this Website is accurate, complete or current and we do not accept liability for any loss whatsoever arising from any inaccuracy or information that is out of date.
2.7 We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Our Website may contain links to other internet sites operated by third parties. We may provide such links for your convenience only, and links from this Website to any other website do not imply that we approve of, endorse, or recommend that website. We assume no responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material.
3.1 You agree that your order is an offer to purchase the products listed in your order on these terms and conditions. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order for any reason without liability to you.
3.2 These terms and conditions apply to all sales of the Products by us to you and shall apply in place of and prevail over any terms or conditions contained or referred to in your order or in correspondence or elsewhere or implied by trade, custom or practice. No variation of these terms and conditions shall be binding upon us unless made in writing.
4.1 Orders made by you must be submitted electronically to our Website. No Contract in respect of any Products shall exist between us and you until your order has been accepted by us (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded.
4.2 To place an order, you will be required to follow the shopping process online and press the "Authorise payment" button to submit the order. The Contract for the purchase of a Product between us will only be formed when we send you the Order confirmation. The Contract will relate only to those products whose dispatch we have confirmed in the Order confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Order Confirmation.
4.3 When placing an order for the first time, you will be required to register with us and complete certain required fields on an order form. This may include the provision of security information such as your identification details and password(s). You agree that you will be responsible for ensuring that such security information is kept secure and confidential at all times. You must inform us immediately if you become aware of or suspect any unauthorised use of these security details or if they become available to an unauthorised party.
5. Refusal of an order
5.1 We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. Whilst we will use our reasonable endeavours to fulfil orders submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Acknowledgement of Receipt, which we reserve the right to do at any time, at our sole discretion.
5.2 If Products are shown on our Website but are not available or are incorrectly priced or otherwise incorrectly described, we shall not be obliged to sell you such Products.
5.3 Although we have made all reasonable efforts to correctly display product colours on the Website, we cannot guarantee that these will be accurately represented.
5.4 We will not be liable to you or any other third party by reason of our withdrawing any product from this website, removing or editing any materials or content on this website or for refusing to process or accept an order after we have received it or sent you an acknowledgement of receipt.
6. Delivery, title and risk
6.1 Orders will be sent to the delivery address that you have given on your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Please note that we do not deliver to PO boxes.
6.2 Title in the Products will pass to you on the later of:-
6.2.1 the date on which we receive payment in full for such Products; or
6.2.2 the date of delivery of such Products to your nominated address.
6.3 Once a Product has been received by you, all risk of damage to, or loss of, the Product shall pass to you.
6.4 We shall be entitled to (a) deliver the Products in instalments and each instalment shall be deemed to constitute a separate contract and (b) supply only part of an order.
6.5 Upon receipt of the Goods you must inspect the Goods. Upon delivery of the Goods to you, we will also provide you with sufficient details to enable you to exercise your right of cancellation and address any intended cancellation or query appropriately.
7. Terms of Payment
7.1 The prices shall be as set out on our Website as varied from time to time. All prices are shown inclusive of VAT. Price and availability information is subject to change without prior notice.
7.2 Prices do not include postage and packaging costs (which may vary from time to time). For more information on delivery charges please refer to Delivery Charges.
7.3 Please note that we accept payment in British pounds sterling.
7.4 You confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
8.1 It shall be your responsibility to inspect and check the Product(s) as soon as reasonably practicable after delivery and in any event, not more than seven (7) days after delivery to ensure that the quality, condition, quantity and specification of the Product conform to the instructions contained in the Order. In circumstances where you consider that the product does not conform with the Contract at the time of delivery, you should promptly contact us via by telephoning us on 44 (0)1896 755353 or by emailing us at firstname.lastname@example.org with details of the Product and its damage.
8.2 We take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. However, although we aim to keep the Website as up to date as possible, we do not warrant that Product descriptions, colours or other content available on the Website are accurate, complete, reliable, current, or error-free. We try to include as much information as we feel necessary for you to make an informed choice. The colours on your screen and any product descriptions should be used as a guide only.
8.3 As our Products primarily comprise natural ingredients and components, slight variations may occur amongst essentially the same Products. Similarly, all dimensions are approximate.
9.1 We want you to be totally satisfied with anything that you purchase from us. Therefore, if for any reason you are unhappy with your purchase, you can return it to us in its original condition within 28 days of the date of despatch. Please return your purchase to us in its original packaging with any related paperwork, and the relevant receipt and despatch note. Please also state the reason for the return.
9.2 We will provide a refund which will be made to the card used when placing your order and will be for the full amount of the Product(s) purchased excluding any delivery charges and card processing charges.
9.3 We trust that you will understand that this 28 day return policy cannot apply to Products which are perishable or are fresh, chilled or frozen, unless such Products are defective in quality or condition.
9.4 Please also be aware that incomplete, damaged, worn or soiled items will not be refunded or exchanged.
9.5 To return an item, please replace the item securely in its original packing with any related accessories or instruction booklets and return it to us with your despatch note to the following address: The Healthy Hamper Company Ltd, 12 Moorfoot View, Gorebridge, Midlothian, EH23 4TN.
9.6 Please note that you will be responsible for the costs of returning an item under this 28 day returns policy. Please also note that we do not accept any liability for items that are mislaid whilst in transit.
10.1 In addition to our returns policy, you have a right under the Distance Selling Regulations to cancel orders for certain items purchased from our website within a statutory cooling-off period. This is normally 7 working days from the day after the date on which the item in question was delivered. Please note that this cancellation right does not apply to certain items including Products which have been made to your specification or which have been clearly personalised or which by reason of their nature cannot be returned.
To cancel your order, please provide us with written notice by post to The Healthy Hamper Company Ltd, 12 Moorfoot View, Gorebridge, Midlothian, EH23 4TN, or by email email@example.com
in each case within the statutory cooling-off period and giving details of the items ordered, and (where appropriate) their delivery date.
10.3 If you exercise your right of cancellation after the item has been delivered to you, please replace the item securely in its original packing and return it to us with your despatch note to the following address: The Healthy Hamper Company Ltd, 12 Moorfoot View, Gorebridge, Midlothian, EH23 4TN. A refund will be made to the card used when placing your original order and will be for the full amount of the Product(s) purchased including any delivery charges and card processing charges. However, please note, that you will be responsible for the costs of returning the items to us unless we delivered the item to you in error, or if the item in question is damaged or defective. If we do not receive the item back from you, we may arrange for collection of the item from your residence at your cost.
11.1 Except as expressly provide in these conditions, no warranty, condition, undertaking or term, expressed or implied, statutory or otherwise, as to the condition, quality, performance, durability or fitness for purpose of the products is given or assumed by us and all such warranties, conditions, undertakings and terms are hereby excluded insofar as permitted by law.
11.2 WE SHALL NOT IN ANY CASE BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL INDIRECT OR SIMILAR LOSS OR DAMAGES (INCLUDING ALL MANNER OF COSTS, FEES AND EXPENSES) ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE HOWSOEVER EXCEPT AS EXPRESSLY PROVIDED IN THESE CONDITIONS AND INSOFAR AS PERMITTED BY LAW.
11.3 The limitation of liability noted at clause 11.2 above shall also be extended to include any use in connection with your use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. Such limitation of liability shall also extend to any events beyond our reasonable control including any restricted or non-access to this Website due to service interruptions.
11.4 You agree to indemnify and hold us and (as applicable) our parents, subsidiaries, affiliates, officers, directors, agents, representatives, shareholders and employees harmless from any claim or demand, including any legal fees, made by any user of the Website, customer or third party due to or arising out of your breach of these terms and conditions (including any documents incorporated by reference), your violation of any law or the rights of a third party or any breach of your representations and warranties as contained herein.
12. Events outwith our control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government, any shipping, postal or other relevant transport strike, failure or accidents.
12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
13. Intellectual Property
13.1 You acknowledge and agree that all intellectual property and other proprietary rights (including, but not limited to, copyright and trademarks) and all technical, business or similar information (including but not limited to, all designs, documents, photographs and other materials relating to the Goods) created by us (and or any applicable licensors) shall be, and shall remain our property (or the property of our licensors, as applicable). All design, text, graphics, layout, software and all other materials on this Website are protected by copyright, trademark and other proprietary rights and belongs to us (or our licensors, where applicable) and all such rights remain reserved.
13.2 We give no permission in respect of the reproduction or use for any purpose of any brand names, product names, designs or other material shown on this Website in which intellectual property rights subsist. Unless otherwise stated, users may view, print and download the contents for their own personal, non-commercial use only; the contents must not be used for commercial or business purposes or incorporated in any work or in any publication in any form without prior written permission from us or any applicable licensor or copyright owner.
14 Enquiries – Contacting us
We hope that you have enjoyed visiting our Website and purchasing our Products. If you would like more information, or if you would like to give us some positive or negative feedback concerning your experience, please contact us using one of the methods below.
Post: The Healthy Hamper Company Ltd, 12 Moorfoot View, Gorebridge, Midlothian, EH23 4TN
15.1 If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.
We shall be entitled to subcontract, assign or transfer our obligations or rights to a competent third party or to any associated company whether in whole or in part. The Customer may not assign or transfer any of your rights or obligations without our written consent.
17.1 If any provision of these Conditions or any part thereof is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
17.2 These Conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
17.3 Both you and us acknowledge that, in entering into a Contract, neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such Contract except as expressly stated in these Terms.
17.4 Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
We have the right to revise and amend these Conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
19. Governing Law and Jurisdiction
These Conditions shall be governed and construed in accordance with the laws of Scotland and the parties hereby submit to the non-exclusive jurisdiction of the Scottish courts.
20. Statutory Information
This website is owned and operated by:
The Healthy Hamper Company Ltd
12 Moorfoot View
Tel: +44 (0)
Company No. SC554003