Terms and conditions
THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT WWW.CUSTOMGIFTS.CO.UK (THE “WEBSITE”). BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Registered Address: Pyke Road, Lincoln, UK, LN6 3QS
Company Number: 14030236
Tax Code: 420 3993 09
1.2 Contacting us
12.1 We will deliver orders within a maximum of 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control – please see clause 25 for further details of our responsibilities in such an event.
12.2 We will deliver the Products ordered by you to the address which you give for delivery when you make your order. You may specify a delivery address which is different from your billing address, if, for example, you would like us to deliver the Products directly to a friend, a relative, or to your place of work.
12.3 If any of the details you have given us in your delivery address are incorrect, we accept no liability for any items which have not been received.
12.4 If no one is available at the delivery address given to accept the delivery, one of our carriers will leave you a card that the Products have been returned to our premises or the premises of any carrier which we use, in which case, please follow the instructions on the card to rearrange delivery. Please note that if you do not rearrange delivery, the Products will be returned to our premises.
12.5 Delivery of an order shall be completed when we deliver the Products to the delivery address given in the order process or to any other location nominated by you. The risk and responsibility in the Products will sit with you from that time.
12.6 You own the Products once we have received payment in full (including all applicable delivery charges) and the delivery of the Products is completed in accordance with clause 12.5.
12.7 If Products are not delivered within 30 days of the order being received as set out in clause 12.1 above (unless such delivery is delayed by an Event Outside Our Control), then you may cancel your order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery period was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery period was essential.
12.8 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 11, you can contact us to give us a new reasonable deadline for delivery. If we fail to meet this new deadline, which must be reasonable, you may cancel your order.
12.9 If you wish to cancel your order for late delivery under clause 12.7 or clause 12.8 above, you may cancel the order for some or all of the Products, unless splitting the Products would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them (the cost of which we will pay). After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
12.10 Our normal working hours are Monday to Friday 9.00am-5.30pm and we only dispatch orders during these timescales. All delivery and dispatch timescales quoted on the Website do not include weekends or public holidays. However, please be aware that these working hours do not apply to production. We may still produce items outside of these hours and on weekends and on public holidays.
12.11 Some postal addresses in Northern Ireland, some offshore islands and some remote areas of Great Britain may not be covered by our normal delivery services and so we may have to contact you to advise you of extra postal charges.
13 Our liability in relation to delivery
13.1 Provided that we take the steps outlined in this clause, we will not be liable for out of pocket expenses or other costs incurred due to failed or delayed deliveries. If there is a substantial risk of delay, you may contact us to end the Contract and receive a refund for any Products you have paid for but not received.
13.2 If the Products you have ordered do not arrive within 30 days of placing the order we accept no liability, so far as permitted by law, unless you have contacted us via email within this period.
13.3 The delivery times expressed on product pages are only intended as a guide. When purchasing multiple items with seperate lead times, your items may be grouped together into a single delivery. In this instance your delivery will automatically default to the longer lead time.
13.3 The majority of our Products are dispatched by Royal Mail. Therefore please be aware that:
(a) If RM48 delivery is selected this is sent via second class Royal Mail which is estimated to be delivered in 2-3 working days, but is not guaranteed.
(b) If RM24 delivery is selected this is sent via first class Royal Mail which is estimated to be delivered in 1-2 working days, but this is not guaranteed.
(c) If you have not received your Products, you must check with your local sorting office, even if you have not received notification from your postman that they are holding Products for you.
13.4 In the event you have not received your order, we must allow for the following timescales before we can take further action and attempt to claim back from the relevant carrier for lost Products:
(a) RM48: 14 working days from date of dispatch.
(b) RM24: 10 working days from date of dispatch.
(c) Next day delivery: 2 working days from date of dispatch.
13.5 In the event that we reproduce a Product for you and subsequently the original is returned as undelivered by Royal Mail, we reserve the right to charge an administrative fee up to 100% of the sales price of the reproduced product.
No international delivery
13.6 We do not deliver to addresses outside of the UK.
Next day delivery
13.7 Next day delivery is only available Mondays to Fridays, excluding public holidays and weekends and is subject to the following:
(a) From Monday to Friday, orders must be placed by the time specified on the webpages that guide you through the order process, to ensure delivery the next working day. Any orders placed after this time will be delivered on the date specified on the shopping basket webpage of our Website.
(b) Orders placed on a Friday before the specified last order time will be delivered on the following Monday.
(c) Orders placed on a Saturday/Sunday will be delivered on the following Tuesday.
(d) Unfortunately we can not deliver on a public holiday. In this instance please expect your delivery on the next working day.
(e) Our carriers will normally deliver your parcel between 9am and 5pm but certain carriers may deliver later. Unfortunately, in some cases we may not be able to give you a more specific estimated time of delivery. However, if you have provided your mobile number when ordering, our carrier will usually contact you to provide you with a more specific estimated time of delivery.
(f) A signature may be required on receipt.
(g) If you are not available to accept your parcel, the carrier may leave it with a neighbour, or in a safe place, if they think it is safe to do so. A calling card will be posted through your door to let you know this has been done.
(h) If the parcel cannot be left in a safe place or with a neighbour, the carrier will take it back to the local depot, and leave you a card telling you how you can pick it up.
13.8 Next day delivery to Northern Ireland, Overseas UK addresses and Northern Scotland will take up to 2 working days for delivery and may also carry an additional carrier charge.
14 Delivery charges
14.1 The price of a Product does not include delivery charges. Our delivery charges are as set out during the check-out process (before you confirm your order).
15 Price of Products
15.1 The price of the Products will be the price indicated on the order webpages when an order is placed. We will take all reasonable care to ensure that the price advised to you is correct. However, please see clause 15.4 for what happens in the event we discover an error in the price of any Products ordered.
15.2 All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
15.3 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this
15.4 Our Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you 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 in writing. 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.
16.1 If a discount was applied to your original order, the amount refunded will be adjusted to allow for the revised order value and appropriate discount level. Please note you can only use one discount code per order.
20.1 You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from us.
20.2 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, any use of extracts from this Website other than in accordance with clause 20.1 for any purpose is prohibited. If you breach any of these Terms, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
20.3 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.
20.4 Any rights not expressly granted in these Terms are reserved.
21 Service access
21.1 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.
21.2 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.
22 Your material and conduct
22.2 In using the Photo Upload facility on the Website, you agree not to upload or print any images that will cause distress or offence to any person or which contains material as set out in clause 22.5. It is your responsibility to ensure that express permission for any images you use has been granted by the owner of any image.
22.3 We reserve the right to refuse to process any order that may cause offence or distress to others and in such a case we will refund any payment made. We will not be responsible for any copyright infringement by the customer.
22.4 We will not be responsible or liable to you for any loss of material uploaded or transmitted through our Website.
22.5 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence or in breach of privacy;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) 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).
22.6 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 the clauses of above.
23 Links to and from other websites
23.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
23.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of this Website;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any trade marks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
23.3 We expressly reserve the right to revoke the right granted in clause 23.2 at any time and to take any action we deem appropriate.
24.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the Products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
24.2 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 might have effect in relation to this Website.
25 Events Outside Our Control
25.1 We will not be liable or responsible for the failure to perform or delay in performance of any of our obligations under a Contract that is caused by an Event Outside Our Control (as defined below in clause 25.2).
25.2 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 (other than you or your affiliates), 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.
25.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) 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.
25.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us in accordance with clause 11 above. If you decide to cancel, you will have to return any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
25.5 This also applies to Products sent direct from our manufacturers.
26 Our liability
26.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
26.2 We only supply the Products for domestic and private use. By entering into this Contract, you agree not to use the Product for any commercial, business or resale purposes, and acknowledge that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
26.3 Nothing in these Terms shall exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
26.4 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 these Terms by you, or your use of this Website, or the use by any other person using your registration details.
27 Advertising and sponsorship
27.1 Part of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
28 Governing law and jurisdiction
28.1 These Terms are governed by English law. This means a Contract for the purchase of Products through our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
28.2 We do not warrant that Products on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
29.1 You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
29.2 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.
29.3 Only the parties to these Terms may seek to enforce them. Nothing in these Terms is intended as granting any persons who are not parties to these Terms any rights under the Contracts (Rights of Third Parties) Act 1999.
30 Licence & Access
30.1 Copyright and all intellectual property on this website including all photographs and product images are owned by us or our licensors. You may not reproduce, modify, copy or distribute anything from this website without written permission from Custom Gifts.
30.2 This web site is normally available at all times. Due to the nature of the internet and online stores, we cannot be held responsible if the web site isn't available for any reason. Access to our site may be suspended temporarily without notice due to system error or for reasons beyond our control.