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Terms and Conditions
Welcome to the Berrys Gifts website terms and conditions for use.
Please note that we may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because by using this website, they are binding on you.
Privacy
You will be able to access most areas of this Website without registering your details with us. If you choose to register at the checkout stage, you may later access and manage your details, using the MY ACCOUNT link at the bottom of the page
Ordering from us
To ensure the utmost security when using your credit/debit cards, all orders are processed through Secure Hosting, using highly secure 128bit SSL encryption.
When you place an order with us, you will be given the opportunity to check the details and correct any errors at the checkout stage, after which your payment will be taken. Once your order has been received we will send you a confirmation email, detailing the products you have ordered.
Please note that promotional discounts cannot be used on Clearance items, Seconds, Special Purchases or already discounted products.
We reserve the right to refuse any orders in the unlikely event that stocks are not available, where the incorrect price has been quoted on the website or where we cannot obtain authorisation for your payment.
Payments may be made by Visa, Mastercard, Debit Mastercard, Maestro, Visa Delta or JCB cards.
We regret that we are not currently able to accept payments by cheque.
Delivery
Please note that orders can only currently be despatched to the UK.
We aim to despatch all orders within 1 to 2 working days* (Monday to Friday) of receipt. For most orders delivery is via Royal Mail, but larger items/orders will be sent by courier, and will take a couple of extra days. Deliveries to Northern Ireland/Scottish Highlands/Offshore Islands may take a few days longer than the timescales stated above.
*At busy times especially in the run up to Christmas, we reserve the right to extend these despatch times, but wherever possible will notify customers of likely delays.
If no one is in to accept the delivery, a card will be left advising you how to arrange a further delivery or where to collect the parcel from. In the event that an undelivered parcel is later returned to us, we will contact you to arrange re-delivery, but there will be a further charge involved. If you are sending a parcel to someone else’s address, please ensure they know to expect it.
If you have not received your order, or a card advising of a failed delivery, within 10 days of placing your order, please contact us.
Delivery charges are as follows:
Delivery charges are based on the weight of your order and how quickly you need it.
We offer the choice of our slower Standard Delivery at around £4.95 or less for an individual item, or Royal Mail's 1st Class service for more urgent items.
To see the delivery costs please add the item(s) to your basket and the delivery charge will be shown in a separate box below. You do not need to sign in to see our charges.
FREE Delivery is available on orders over £75.00
Returns and cancellation policy
Returns:
We hope you will be happy with your purchases from us, but if for any reason you wish to return an item, you can do this within 14 days of receipt, for a full refund or exchange.
Items should be returned unused and in their original packaging and the original order number must be quoted clearly on the package - failure to do so may delay a refund being made.
The costs of returning any unwanted goods to us shall be borne by you and for your own peace of mind we recommend using "Recorded Delivery". Refunds will only be credited to your payment card once the goods have been received and checked.
Please note that we will not refund any extra services paid for, eg. Gift-wrapping.
Cancellation:
You may cancel your order at no charge, anytime up to the point of despatch.
Faulty or incorrect goods
In the event that an item received is damaged or incorrect, please contact us within 3 days of receipt, to obtain a Returns Authorisation Number and stating whether you would prefer a replacement or a refund.
This number must be written on the returns address label, and goods returned by the cheapest method. Please obtain a proof of posting and receipt. Please note that we will only refund return postage costs when a Returns Authorisation Number has been obtained and a receipt for the postage is sent to us.
We reserve the right to make an additional charge to your payment card where a replacement has been sent and the incorrect/faulty goods have not been returned within 14 days.
These terms and conditions do not affect your statutory rights in relation to faulty or misdescribed goods, details of which can be obtained from Consumer Direct (the Government's consumer advice helpline) or your local Trading Standards Office.
Product descriptions
Our product descriptions and photographs are designed to give as much information as possible to help you make your gift selection, and whilst we endeavour to ensure that all the information is correct, we cannot guarantee that the website is without errors.
Please note that all measurements are approximate and that colours may appear different to the actual product on some browsers/computers.
Where items are handmade or hand finished they may have slight variations in colour, design or finish - this is a feature of these products and should not necessarily be viewed as a fault.
Pricing
All prices are shown in pounds sterling (£). As we are not registered for VAT, our prices do not include a VAT charge. We reserve the right to change our prices without prior notice Additional charges (over and above the cost of the product) will be made for postage and packing and for services such as gift-wrapping.
Complaints
Any complaints should in the first instance be raised by contacting Customer Services, preferably by email, with details of your order number, product and issue.
Business Details
Address: Sally Nicol, T/A Berrys Gifts, Wood Hill Park, Portishead, Bristol, BS20 7DR
Telephone: 01275 774001
Email: CustomerServices@BerrysGifts.co.uk
Service access
While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Links to and from other websites
Links to third party websites on this Website are provided solely for your convenience. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
You may not create any links to this Website and you shall fully indemnify us for any loss or damage we may suffer or incur as a result of your breach of this clause.
Licence
You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors.
For the purposes of these terms and conditions, any use of extracts from this Website, other than as stated above, for any purpose is prohibited.
If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
Subject to above no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in these terms are reserved.
Disclaimer
The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
Visitor conduct
You are prohibited from posting or transmitting to or from this Website any material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). You may not misuse the Website (including, without limitation, by hacking).
We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these clauses.
Liability
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the 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.
Nothing in these terms and conditions shall exclude or limit our liability for
(i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
(ii) fraud;
(iii) misrepresentation as to a fundamental matter; or
(iv) any liability which cannot be excluded or limited under applicable law.
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
Governing law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
