Terms And Conditions

TERMS AND CONDITIONS OF SALE

hankypankyhampers.com

1 DEFINITIONS

1.1 'Buyer' means the individual or organisation who buys or agrees to buy the Goods from the Seller;

1.2 'Consumer' shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

1.3 'Contract' means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;

1.4 'Goods' means the articles that the Buyer agrees to buy from the Seller;

1.5 'Seller' means Hanky Panky Hampers of Unit 23, Woolton Farm, Bekesbourne Lane, Littlebourne, Canterbury, Kent CT4 5EA that owns and operates hankypankyhampers.com;

1.6 'Terms and Conditions' means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;

1.7 'Website' means hankypankyhampers.com.

2 CONDITIONS

2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.

2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.

2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

2.5 Any complaints should be addressed to the Seller's address stated in clause 1.5.

3 ORDERING

3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.

3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.

3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the sales transaction segment of hankypankyhampers.com.

3.4 Haven't received an order when expected?
If your order doesn't arrive when expected please contact sales@hankypankyhampers.com. Please be aware that hankypankyhampers.com cannot be held responsible for orders delayed by incorrect information supplied during the checkout process.

4 PRICE AND PAYMENT

4.1 The price of the Goods shall be that stipulated on the Website. The price is inclusive of VAT. The price includes delivery charges unless otherwise stated at point of sale.

4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer's shopping cart prior to confirming the order.

4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.

4.4 Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.

4.4 In the case of Consumer sales, payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.

4.5 In the case of other sales, payment of the price plus VAT and delivery charges shall be due within 30 days of the date of receipt of the invoice supplied by the Seller.

4.6 The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of the current Bank of England base rate.

5 RIGHTS OF SELLER

5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.

5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

6 AGE OF CONSENT

6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
By purchasing products from hankypankyhampers.com you declare that you are over 18 years of age or above or have the legal right to possess adult products in your area or community. If it is discovered that you are not of the legal age to purchase from the website, hankypankyhampers.com is not obliged to accept your order.

6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.

7 DELIVERY

7.1 Goods supplied within the UK will normally be delivered within 1 - 10 working days of acceptance of order.

7.2 Goods supplied outside the UK will normally be delivered within 1 - 10 working days of acceptance of order.

7.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.

7.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

7.5 Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

7.6 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.

7.7 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.

8 CANCELLATION AND RETURN

Hanky Panky Hampers offer a customer satisfying service, for all returns.

8.1 The Buyer may cancel the order for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days.

8.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by email, post or telephone within 7 days if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.

8.3 Where a claim of defect or damage is made the Seller shall be responsible for the recovery of the Goods from the Buyer within 28 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) if the Goods are in fact defective. The products must be un-opened and un-used.

8.4 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller by email or post within 7 working days of receipt of the Goods.

8.5 Goods must be returned by the Buyer within 28 days of cancellation in the original packaging and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any, and return postal charges). If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.

8.6 You may exchange unused and unopened products within 30 days for alternative items. Additional postage charges will be incurred by the buyer.

8.7 Please send all returns to: Hanky Panky Hampers of Unit 23, Woolton Farm, Bekesbourne Lane, Littlebourne, Canterbury, Kent CT4 5EA. In all cases your proof of postage should show the HPH address to which you have returned the goods, together with the post offices stamped confirmation of the date of posting. Your return should include your order/invoice number, name and address and a clear indication if you require a refund or replacement.

8.8 We aim to refund you either by cheque or credit on your credit or debit card as soon as we receive your unwanted, unopened and unused product. Please note we authorise the refund immediately but due to delays caused by your bank you may not receive the cleared funds until 17 – 21 days of receipt of the returned item.

GIFT VOUCHERS AND DISCOUNTS

DISCOUNTS
Hankypankyhampers.com has the right to end offers at any time. In the instance that a customer has two or more discount codes they should use the code for the greater amount as discount offers and voucher codes cannot be added together.

In addition to these Terms and Conditions, the following terms and conditions shall apply to the sale of gift vouchers:

Gift vouchers will be dispatched within 1-10 days of acceptance of order and will be delivered by 1st class Recorded Delivery by Royal Mail (secure means to the address given by the Buyer at the time the order is placed). Payment must be made prior to dispatch.

If the vouchers are delivered by email they will be emailed to the email address given by the Buyer at the time the order was placed.

The Buyer must notify the Seller of any discrepancy in a delivery as soon as possible but in any event within 7 days of the delivery of the vouchers.

Risk of loss, destruction or damage to the vouchers remains with the Seller until delivery to the Buyer where upon risk shall pass to the Buyer.

Gift vouchers may be exchanged for any goods at hankypankyhampers.com. Vouchers cannot be redeemed for cash in part or whole. Vouchers are not sold on a sale or return basis and no return will be permitted unless it can be demonstrated that the Seller has been in error in fulfilling the Buyer's order.

Gift vouchers are valid for 1 year from the date of purchase and cannot be renewed once they have expired. Vouchers cannot be replaced if lost or damaged.

LIMITATION OF LIABILITY

Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.

WAIVER

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

CHANGES TO TERMS AND CONDITIONS

The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

PRIVACY AND SECURITY

15.1 Payments on your card/bank statement are displayed as HPH Ltd. Giving no indication of the nature of your purchase.
15.2 All orders will be shipped to you in plain packaging.
15.3 Hankypankyhampers.com employs Paypal to process all our online transactions ensuring you safe and efficient transactions. Any credit card details that are provided are handled by Paypal and details are never retained by any Hanky Panky Hampers computer system.
15.4 Data Protection: Hankypankyhampers.com is compliant with the Data Protection Act. Your details will not be passed on to any third party without prior consent.

16 DISCLAIMER
Any adult toys sold through this site are sold as ‘novelty goods'. Hanky Panky Hampers Ltd cannot be held responsible for any injury caused by improper use.

Goods or packaging of goods may differ slightly to those displayed on the website.

Hanky Panky Hampers Ltd., holding company of hankypankyhampers.com cannot be held responsible for errors or interruption on the website.

CUSTOMER COMPLAINTS

All customer complaints are recorded as part of our quality control procedures and you will receive a written response by email or Royal Mail within 7 days. If you have a complaint please email sales@hankypankyhampers.com. Our returns policy does not affect your statutory rights as a consumer.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

TERMS AND CONDITIONS OF USE

hankypankyhampers.com

1 ACCEPTANCE OF TERMS

Your access to and use of hankypankyhampers.com ('the Website') is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

2 ADVICE

The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

3 CHANGES TO WEBSITE

hankypankyhampers.com reserves the right to:

3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that hankypankyhampers.com shall not be liable to you for any such change or removal; and

3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

4 LINKS TO THIRD PARTY WEBSITES

The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

5 COPYRIGHT

5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to hankypankyhampers.com or otherwise used by hankypankyhampers.com as permitted by law.

5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

6 DISCLAIMERS AND LIMITATION OF LIABILITY

6.1 The Website is provided on an 'AS IS' and 'AS AVAILABLE' basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

6.2 To the extent permitted by law, hankypankyhampers.com will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

6.3 hankypankyhampers.com makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of hankypankyhampers.com for death or personal injury as a result of the negligence of hankypankyhampers.com or that of its employees or agents.

7 INDEMNITY

You agree to indemnify and hold hankypankyhampers.com and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against hankypankyhampers.com arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

8 SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

9 GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.