The Favour Gallery® Website Terms & Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.thefavourgallery.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. Information about us
1.1 www.thefavourgallery.co.uk is a site operated by The Favour Gallery® a registerd trade mark of GST Europe Limited (we). GST Europe Limited are registered in England and Wales under company number 6336532 and with our registered office and trading address at GST Europe Limited, The Barn, Waterloo Road, Wokingham, Berkshire, RG40 3BY, United Kingdom. Our VAT number is GB 923841815.
1.2 You can contact us Monday to Friday (excluding bank holidays):
(a) Email: firstname.lastname@example.org
(b) Telephone: 0844 884 8554 (from outside the UK please dial +441189796668)
(c) Post: The Favour Gallery®, The Barn, Waterloo Road,
Wokingham, Berkshire, RG40 3BY, UK
2. Your status
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts and
(b) You are at least 18 years old;
3.1 Each registration is for a single user only. We not permit you to share your user name and password with any other person nor with multiple users on a network.
3.2 Responsibility for the security of any passwords issued rests with you.
4. Visitor material and conduct
4.2 You are prohibited from posting or transmitting to or from the 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, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(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 any 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).
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.
5.1 You are responsible for the security and proper use of all user names and passwords used from time to time in connection with our site. You must take all necessary steps to ensure this information is kept confidential, secure, used properly and not disclosed to unauthorised people.
5.2 You must notify us immediately if you believe that the security of your account with us has been compromised or is being used in an unauthorised way.
5.3 We reserve the right to suspend your account with us or access to it if at any time we believe that there is or likely to be a breach of security.
5.4 We reserve the right (in our sole discretion) to require you to change any or all of the passwords on your account with us.
6. How the contract is formed between you and us
6.1 You can place an order at any time via our website at email@example.com.
6.2 You can order by telephone (0844 8848554) (from outside the UK please dial +441189796668)Monday to Friday (excluding bank holidays) between 9am to 5pm.
6.3 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms the order. The contract between us (Contract) will only be formed when we send you the confirmation email (Confirmation Email).
7. THE PRODUCTS
7.1 PLEASE NOTE THAT PRODUCTS ARE MADE FROM AND CONTAIN NUTS (including chocolate dragees). All Products are manufactured in a factory which handles nuts. By placing an order you acknowledge the content of nuts in all Products.
7.2 Products are not toys and are not designed for children. Caution is advised when giving Products to children and they should be supervised at all times. You confirm your understanding of this by placing an order.
7.3 Not all parts of Products are edible. Stems and leaves of Products contain wire. Wrappings are typically made from cellophane, satin, tulle or other inedible material.
7.4 We provide up to 3 colour swatches per customer of the fabrics used for our Products. Whilst we strive to provide the exact colour ordered, please note there may be a very slight difference between the colour of the swatch provided and the Products received. This is normal with specialist bespoke materials and is dependent on the batches of material.
7.5 Due to the bespoke and handmade nature of the Products, there may be slight differences between individual items in the same order. Please note that due to the change time to time in shape and colours of the faux and fabric flowers attached to the favour boxes and favour sachets we could apply a different flower in shape and colour from the one shown in the pictures in our website.
7.6 The Favour Gallery ® is not the manufacturer of the Products. In the event of a complaint about the Products we reserve the right to refer to you the manufacturer.
8. THIRD PARTY LINKS
8.1 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
9. Consumer rights
9.1 Our made to order Products are of a bespoke nature and are also composed from perishable food materials. In line with the Consumer Protection (Distance Selling) Regulations 2000 (as amended) as well as hygiene reasons (we cannot guarantee how the Products are stored once delivered to an address), YOU WILL NOT BE ABLE TO CANCEL YOUR ORDER AND REFUNDS CANNOT BE GIVEN unless the Products are proven to be damaged or defective.
9.2 You are required to check your order thoroughly upon delivery. If any Product(s) are defective or damaged then you must notify us WITHIN 7 DAYS in accordance with clause 13 (Refunds Policy).
10. Availability and delivery
10.1 All The Favour Gallery ® products are handmade to order in accordance with your custom requirements. Your order will be delivered between 6-8 weeks after you receive the Confirmation Email, so please ensure this complies with your timescales.
10.2 If you have a requirement to receive any of your Products sooner than this, please contact us on 0844 884 8554 to arrange. There will be an additional cost for delivery of Products outside of our standard stated timescales.
10.3 The delivery charge for most Products within the United Kingdom Mainland is £4.99 per order up to £20 value and £7.00 per order with value more than £20. All delivery charges are excluded in the price we quote you for the Products. The delivery charge for most Products within Northern Ireland and non Mainland UK is £4.99 per order under £20 value and £7.99 per order more than £20 in value and the Republic of Ireland (Southern Ireland) is £5.99 per order under £20 value and £9.99 per order more than £20 in value which is excluded in the price we quote you for the Products. All these delivery charges are inclusive of VAT at the current rate. We also deliver to The Isle of Man,Channel Islands and Worldwide but please be aware that additional postage charges will apply for orders to be delivered to these locations. Royal Mail Worldwide Postal Zone 2 delivery charge is £25, Zone 3 is £35 and Zone 4 is £45. NOTE FOR OUR OVERSEAS VISITORS: VAT IN SOME COUNTRIES IS AUTOMATICALLY "0"RATED, WHICH MEANS YOU WILL NOT BE CHARGED BRITISH VALUE ADDED TAX. ALSO NOTE THAT ALL PRICES ABOVE ARE IN BRITISH POUNDS (GBP). THIS SYMBOL (£) IS FOR THE CURRENCY GBP.
10.4 Please note that we do not deliver to P.O. Box addresses. We can be contacted on 0844 884 8554 (from outside the UK please dial +441189796668) or the other methods described in clause 1 (Information About Us) of these terms and conditions
10.5 All Products will be delivered in normal business hours Monday to Friday (excluding bank holidays) by our chosen courier (currently UPS, CITYSPRINT, PARCELFORCE, TNT) or by Royal Mail depending on the size and weight of the order. To ensure that you have received your Products, the courier will request a signature for proof of delivery. Please contact us by email or telephone to if you require an estimated date for delivery. We cannot he held responsible for actual delivery dates by the courier but we can give you an estimate.
10.6 In the event that no-one is available for signature at the address when attempted delivery takes place, the courier will leave a card to explain what you should do next. The courier will only hold your Products for a limited time in accordance with their policies. It is your responsibility to check the policy of the relevant courier and arrange a suitable time for re-delivery. If the Products remain uncollected they will be returned to The Favour Gallery®.
10.7 IF YOUR ORDER CONTAINS PRODUCTS MADE FROM CHOCOLATE, ALMONDS OR OTHER PERISHABLE FOOD ITEMS AND ARE RETURNED TO THE FAVOUR GALLERY® BY THE COURIER, NEITHER THE FAVOUR GALLERY® OR GST EUROPE LIMITED WILL BE HELD RESPONSIBLE FOR ANY DEGRADATION IN QUALITY AND NO REFUNDS WILL BE GIVEN IN THESE CIRCUMSTANCES FOR ANY DEFECTIVE PRODUCTS. THESE PRODUCTS ARE PERISHABLE FOOD ITEMS AND WE WOULD NOT BE AWARE OF THE STORAGE CONDITIONS IN WHICH THEY HAVE BEEN HELD BY EITHER YOU OR THE COURIER.
10.8 In the event that your Products are returned to The Favour Gallery® by the courier and have to be re-delivered to your address there will be an additional postage charge which must be paid before re-delivery takes place
10.9 Please note that we cannot be held responsible for occasions when your Products cannot be delivered on time due to circumstances beyond our control – please see clause 17 (Events Beyond Our Control) for further details. We use responsible couriers as we want you to receive your Products in good order but as they are a third party and we cannot be held responsible for their actions
10.10 Our Products are well packaged but due to the nature of delivery, on receiving your items, you may find that you have to slightly reshape the wire petals items to your preference.
11. Risk and title
11.1 The Products will be at your risk from the time of delivery.
11.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
12. Price and payment
12.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
12.2 The prices on the website include VAT but exclude delivery costs, which will be added to the total amount due. To help our overseas customers the website can convert prices from GBP (British Pound)to EURO and USD (USA Dollar) and other currencies. The prices in USD and EURO and other currencies are only shown as an estimate and they do not represent the actual daily exchange rate. At checkout you will be charged in GBP by The Favour Gallery and your Credit/Debit card supplier will charge you in your own currency.
12.3 We ship to the United Kingdom Mainland, Ireland, Channel and Scottish Islands and Republic of Ireland as standard. We deliver to any other destination for an extra charge. Please note local applicable taxes, charges and custom duties may also be charged on delivery.
12.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our confirmation procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when taking payment. If a Product´s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before confirming your order, or reject your order and notify you of such rejection.
12.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Email Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
12.6 Payment for all Products must be by credit or debit card. We accept payment with Mastercard, Visa, Visa Debit, Maestro, Solo, Visa Electron, Mastercard, Amex and Paypal via the website and also for other ordering methods. All payments are processed by Sage Pay (previously known as Protx) in accordance with their terms of business. You can find their terms of business on www.sagepay.com
12.7 Payment by credit or debit card must only be made by the person to whom the card is registered. You confirm that you have given us the correct billing address of your credit/debit card. By making an offer to buy the Products and entering credit or debit card information you are confirming that the credit or debit card that is being used belongs to you and that you are authorised to make the transaction.
13. Our refunds policy
13.1 You are required to check your order upon delivery. If you claim that any Product is defective (EXCLUDING CASES WHERE YOU HAVE FAILED TO ARRANGE DELIVERY WITH THE COURIER AS SPECIFIED IN CLAUSE 10 (Availability & Delivery)), you must contact us on 0844 884 8554 or firstname.lastname@example.org WITHIN 7 (seven) DAYS. We will examine the returned Product and will notify you of any refund (if applicable) via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Please note that if you do not notify us of any defective or damaged Products within the 7 (seven) day time limit you may not be entitled to a refund
13.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
14. Our liability
14.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
14.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
14.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude our liability.
14.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) waste of management or office time or
(g) injury to feelings
however arising and whether caused by tort (including negligence), breach of contract or otherwise , even if foreseeable.
15. Import duty
15.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
15.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
16. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to The Favour Gallery®, GST Europe Ltd at The Barn, Waterloo Road, Wokingham, Berkshire, RG40 3BY or email@example.com We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
18. Transfer of rights and obligations
18.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
18.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
18.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
19. Events outside our control
19.1 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).
19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action (including by delivery couriers or postal services).
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
19.3 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.
20.1 If we fail, at any time during the term of a 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.
20.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
20.3 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 clause 14 (Written Communications) above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22. Entire agreement
22.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
22.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
22.3 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
23. Our right to vary these terms and conditions
23.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
23.2 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 these 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), or if we notify you of the change to those policies or these terms and conditions before we send you the Email Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
24. Law and jurisdiction
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.