This page is secured

Terms & Conditions

 

This page (together with our Privacy Policy http://www.giftdropshipping.co.uk/privacy-policy (Privacy Policy)) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.

We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products or use our site, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

  1. Information About Us

We operate the website www.giftdropshipping.co.uk. We are [Lanchester Wine Cellars Ltd.], a company registered in England and Wales under company number [1517126] and with our registered office at Unit 2 Greencroft Estate, Tower Road, Annfield Plain, Stanley, Durham, DH9 7XP. Our main trading address is Unit 2 Greencroft Estate, Tower Road, Annfield Plain, Stanley, Durham, DH9 7XP. Our VAT number is GB 353 8242 53.

  1. Our Products
    • The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
    • The packaging of the Products may vary from that shown on images on our site.
  2. Use of Our Site
    • We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and, subject to clause 3 we are under no obligation to update it.
    • We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
    • We will endeavour to keep our site updated as to stock levels and availability of Products; however you acknowledge that we cannot guarantee that stock listed on the site is available.
    • If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. If you disclose such information to any third party you shall be liable for the actions of such third on our site as if they were your own actions.
    • We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of the Contract.
    • We do not guarantee that our site will be secure or free from bugs or viruses and you shall use your own virus protection software in connection with your use of our site.
    • We herby grant you a non-exclusive licence of our copyright in the images and contents of Products displayed on our site, this licence permits you to use the images and descriptions solely for the purpose of reselling the Products and you shall not assign or sub-license this licence.
  3. BASis of Contract
    • You confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
    • These Terms constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
    • You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these.
    • You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
  4. How the Contract Is Formed Between You and Us
    • Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
    • After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.
    • We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation. You may withdraw your order at any point before 1pm on the day we actually dispatch the Products for delivery.
    • If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 5, we will inform you of this by e-mail or telephone and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
  5. Our Right to Vary These Terms
    • We amend these Terms from time to time.
    • Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
    • We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
  6. Delivery
    • Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 18 for our responsibilities when this happens.
    • The estimated delivery date we provide to you is an estimate only and failure to deliver on that date shall not be a breach of a Contract by us.
    • We will use reasonable endeavours to deliver on the estimated delivery date or within a reasonable time thereafter.
    • You accept that where the Products contain alcohol or other items which must not be provided to someone below a certain age, we will not leave the products with any person that we know or suspect to be younger than the relevant age.
    • Delivery of an Order shall be completed when:
      • we deliver the Products to any person at the address you nominated; or
      • we leave the product with a neighbour of the delivery address you nominated or in accordance with other “leave safe” instructions you have advised to us or accepted in placing your order; or
      • you, or a carrier organised by you, collect them from us;

and risk in the Products will be your responsibility from the time of delivery.

we will cancel your order and, to the extent that the Products are suitable be resold by us, provide you with a refund of the price you have paid excluding delivery charges.

  1. No International Delivery
    • Unfortunately, we do not delivery to addresses outside the UK.
    • You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
  2. Price of Products and Delivery Charges
    • The prices of the Products will be as quoted on our site at the time you submit your order. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 5 for what happens if we discover an error in the price of Product(s) you ordered.
    • Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
    • The price of a Product will show the amount of VAT (where applicable) payable by you to us at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
    • The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
    • Our site contains a large number of Products. It is possible that, despite our efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
  3. How to Pay
    • Subject to Clause 11.2 you can only pay for Products using a debit card or credit card. We accept the following cards: Visa, Visa Debit, and MasterCard.
    • If we have agreed credit terms with you then the payment provisions contained in your credit agreement will apply to Orders placed in accordance with that credit agreement.
    • Subject to clause 2 payment for the Products and all applicable delivery charges is in advance.
  4. Return oF Products
    • Subject to clause 2 you may, at your own expense, return Products delivered by us providing you notify us of your wish to return Products within 7 days of the delivery of the Products.
    • You shall not be entitled to return Products which:
      • are perishable; or
      • have been personalised for you or your customer.
    • Upon receipt of Products returned in accordance with this clause 12 we will provide you with a full refund of the price you have paid for the Products excluding delivery charges.
  5. Manufacturer Guarantees

Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.

  1. Our Warranty for the Products
    • For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 3 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 2.
    • The warranty in clause 1 does not apply to any defect in the Products arising from:
      • fair wear and tear;
      • wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
      • if you fail to operate or use the Products in accordance with the user instructions;
      • any alteration or repair by you or by a third party who is not one of our authorised repairers; or
      • any specification provided by you.
    • Where the Products supplied by us do not comply with the warranty provided by us under clause 1 you may return the Products to us and we shall bear the reasonable cost of return or you may make the Products available for collection by us.
    • We shall, at our absolute discretion, in relation to Products returned to us under clause 3:
      • deliver replacement Products;
      • repair the Products; or
      • provide you with a refund of all monies (including delivery charges) in respect of such Products.
  1. Your Obligations
    • In reselling the products you will comply with all applicable laws and regulations, including but not limited to laws relating to consumer protection.
    • You will on demand indemnify us and hold us harmless, on an after tax basis, against any loss we suffer due to your resale of the Products.
    • You will use reasonable endeavours to procure that there is someone available at the address you nominate for delivery of the Products to accept delivery of the Products.
  2. Our Liability
    • Nothing in these Terms limits or excludes our liability for:
      • death or personal injury caused by our negligence;
      • fraud or fraudulent misrepresentation;
      • breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
      • defective products under the Consumer Protection Act 1987; or
      • any other liability to the extent that the law prevents the exclusion or limitation of such liability
    • Subject to clause 1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
      • any loss of profits, sales, business, or revenue;
      • loss or corruption of data, information or software;
      • loss of business opportunity;
      • loss of anticipated savings;
      • loss of goodwill; or
      • any indirect or consequential loss.
    • Subject to clause 1, our total liability to you in respect of all losses arising under or in connection with the Contract in any calendar year, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total amount paid by you for the Products in that calendar year.
    • Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
  3. Data Protection
    • Terms used in this clause have the meanings given in the Data Protection Act 1998.
    • You acknowledge that for the purposes of the Data Protection Act 1998, you are the Data Controller and we are the Data Processor in respect of any Personal Data.
    • We shall process the Personal Data only in accordance with your instructions from time to time and shall not process the Personal Data for any purpose other than those expressly authorised by you.
    • We shall take appropriate technical and organisational measures against the unauthorised or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to, Personal Data.
    • You will on demand indemnify us and hold us harmless, on an after tax basis, against any loss we suffer due to our processing of Personal Data provided by you in accordance with your instructions.
  4. Events Outside Our Control
    • 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 2.
    • An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    • If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
      • we will contact you as soon as reasonably possible to notify you; and
      • our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
  1. Other Important Terms
    • We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
    • You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
    • This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
    • Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    • If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    • A Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
    • We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).