Hallmark Cards plc – Terms of Sale
Last Updated: 22 May 2012
These Terms and Conditions of Sale (“Terms of Sale”) are the terms and conditions on which Hallmark Cards plc, a company incorporated in England and Wales (registered number 3414540 with its registered address at Hallmark House, Bingley Road, Heaton, Bradford, BD9 6SD), (“Hallmark” or “we/us/our”) provides products to you via www.hallmark.co.uk (the “Website”). Our VAT number is 673693102.
We appreciate your interest in our products and your visit to the Website.
We recommend that you should print a copy of these Terms of Sale for future reference.
Terms of Sale
NOTHING IN THESE TERMS OF SALE AFFECTS YOUR STATUTORY RIGHTS.
- Supply of Products through this Website
1.1 By placing an order through this Website you confirm that:
1.1.1 you are legally capable of entering into binding contracts; and
1.1.2 you are at least 18 years old.
1.2 The prices for Products are in pounds sterling inclusive of sales tax, but exclusive of applicable delivery charges, which are set forth in our delivery information section. If a delivery charge applies to your order you will be notified both during the transactional element of the ordering process and again in the acknowledgement of order email we send to you. Prices, offers and Products are subject to availability and may change at any time prior to our despatching your order and taking payment from you.
1.3 The placing of a Product on this Website is an invitation to accept offers for Products and is not an offer to sell at the listed price, nor is it binding on us. We are under no obligation to accept your order.
1.4 Whilst we try to ensure that all prices on the Website are accurate, errors may sometimes occur. In the event that a Product you have ordered is listed at an incorrect price due to a typographical or administrative error, we will notify you of the correct price by e-mail before despatching your order, asking you to confirm you still wish to proceed with your order at the correct price. Once we have received your confirmation we will then despatch your order. If you do not confirm that you wish to proceed with the order within 7 (seven) days of the date of our price correction email, we will consider this as a withdrawal of your order and we will delete your payment details from our system.
1.5 Whilst we take all reasonable care to ensure the accuracy and completeness of the information on this Website and that all details, images and descriptions of Products are correct at the time that the information is first put onto this Website, the Website is provided on an “as is” basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Website. Further, no warranty is given that the Website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
- Order Acceptance
2.1 Orders are submitted via the Website in the following way:
2.1.1 You must add the Product you wish to purchase to your shopping cart and then proceed to the checkout section of the Website.
2.1.2 If this is your first purchase on the Website you may then create an account with us and log in; if you already have an account with us you may enter your log in details to access your account. You may also proceed as a guest, without logging in, or creating an account.
2.1.3 You will then be asked to input your shipping and payment details.
2.1.4 Once you have completed compiling your order you will be asked to confirm that it is correct. If it is not correct, you can revisit your order and correct the mistakes before confirming and submitting your order. It is your responsibility to ensure that your order is correct before submitting it to us.
2.1.5 After you have submitted your order to us, we will process the payment details you have given us to take payment for your order in accordance with clause 3 below (when payment is taken from you will depend on the payment method, as set out in clause 3.2 below), and you will then receive an email from us acknowledging your order. All items are sold subject to availability.
2.1.6 You should check the acknowledgement of order email for accuracy and let us know immediately if there are any errors. That email does not constitute acceptance of your submitted order. Your order will be accepted by us when we despatch the products to you. Title will pass on delivery of the Product to you, provided that we have processed and received payment in full for the Product.
2.1.7 For the avoidance of doubt, any Products in an order which we have not confirmed we are able to provide you with in the acknowledgement of order email do not form part of our contract with you.
- Prices and Payment
3.1 We accept payment via the following methods: credit card, debit card and PayPal.
3.2 For payment cards, all credit and debit cardholders and bank/building society account holders respectively are subject to validation checks and authorisation. If the issuer of your payment card or our third party validation service provider refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Products which you have ordered as a result.
3.3 By providing the relevant information to us, you specifically authorise us to transmit or to obtain information about you from third parties (including credit reference and fraud detection agencies) from time to time, including but not limited to your name, address, telephone number, debit or credit card details, cheque details or credit reports, to authenticate your identity and delivery address for the Products, validate your payment card and obtain authorisations for your payments for Products.
- Availability and Delivery
4.1 Delivery is restricted to mainland UK. Provided we have received an accurate physical delivery address from you, we will aim to deliver Products to you by the date set out in the acknowledgement of order email we send to you or, if no date is specified, within 3 to 5 working days (subject to a maximum of 10 working days) of the date of the acknowledgement of order email we send to you. Orders placed before 2.00pm Monday to Friday will be posted the same day (excluding public and bank holidays). If the address is incorrect any Products that you order may be delayed or may not arrive at all. If we cannot deliver within this time we will inform you in advance and provide you with an alternative time frame for delivery (“Revised Date”). If you reject the Revised Date your order will be cancelled and we will make a refund to you. In no event shall we be liable for any damages or penalty for any delay in delivery.
4.2 You should notify our customer services team immediately if any of the Products are missing or damaged (for Products which are damaged on delivery please see clause 6.4 below).
- Your right to cancel
5.1 You may cancel your order for Products at any stage before, and up to 28 (twenty eight) days after, the Products are delivered to you. We regret that after 28 days, we will only be able to offer a credit note and we reserve the right to refuse returns after this period. Please note that the right to cancel for convenience does not apply to customised products (e.g. personalised cards), and no refunds will be given in respect of orders for personalised products where you decide to cancel your order on a “no-fault” basis. What shows on the 'preview' is what gets printed on the chosen product. To cancel, please notify us by telephone or in writing (preferably e-mail to the following address firstname.lastname@example.org), or if the Products have already been delivered to you, by returning them to us in accordance with our Returns Policy (set out at clause 6 below), and please note:
5.1.1 if you cancel your purchase of Products because of any problem with the Products following delivery, please notify us of the problem at the time of cancellation in accordance and please refer to clause 6.4 below; or
5.1.2 if you cancel your purchase of Products on a “no-fault” basis, then you are responsible for the cost of their return to us. The Products should be returned to us unused and in a condition which demonstrates that you have taken reasonable care of them during this time.
- Returns Policy
6.1 On cancellation or return for whatever reason you must follow our returns procedures (set out below) and return to us the Products we have delivered to you in accordance with these procedures. Personalised items are made to order and are non-cancellable, non-returnable and non-refundable.
6.2 Where you wish to return Products to us, you must attach the return label and send the package to Hallmark Cards plc, PO Box 1051, Bradford BD1 9JL.
6.3 We will process your refund as soon as possible after we receive notice of your cancellation of the order.
6.4 If the Products are incorrect or damaged on delivery we will meet the cost of return, and at your option replace (where the same or equivalent Products are available) or refund you for the price paid including the delivery charges of any such Products.
6.5 You have a legal obligation to take reasonable care of the Products which you return while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
7.1 On cancellation as provided in clause 5.1 or return of incorrect or damaged Products as provided in clause 6.4 of our Returns Policy, we will make a refund to you of the full value of the payment made to us, including delivery charges. On return of Products in accordance with our Returns Policy for any other reason, we will make a refund to you of the full value of the payment made to us, but, on return of Products, may deduct any delivery charges and any charges for your use of our returns service.
7.2 Where you paid for Products by payment card, refunds will be made by re-crediting your payment card account from which the money was originally debited. Where you paid for Products by PayPal, we will re-credit your PayPal account.
7.3 All refunds will be made within 30 working days either:
7.3.1 (where Products have not yet been shipped to you) of our confirmation by e-mail or telephone call (if you have provided us with your contact telephone number) to you that your order has been cancelled; or
7.3.2 (where Products have been shipped to you) on receipt of the returned Products by us.
- Liability for Products delivered
8.1 We warrant to you that any Product purchased from us through this Website is of satisfactory quality and reasonably fit for all the purposes or for which products or services of the kind are commonly supplied.
8.2 Our liability for losses you suffer as a result of us breaching these Terms of Sale is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaching these Terms of Sale. Losses are foreseeable where they could be contemplated by both you and us at the time your order is accepted by us.
8.3 Subject to clause 8.5 below, 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:
8.3.1 loss of income or revenue;
8.3.2 loss of business;
8.3.3 loss of profits or contracts; or
8.3.4 loss of anticipated savings,
provided that this clause 8.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 8.1 or clause 8.2 or any other claims for direct financial loss that are not excluded by any of clauses 8.3.1 to 8.3.4 inclusive.
8.4 Subject to clause 8.5 below, we are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
8.5 We do not exclude or limit in any way our liability for:
8.5.1 death or personal injury caused by our negligence;
8.5.2 fraud or fraudulent misrepresentation;
8.5.3 any terms implied under the Sale of Goods Act 1979 or the Sale of Goods and Services Act 1982;
8.5.4 any liability arising under the Consumer Protection Act 1987; or
8.5.5 any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
All notices given by you to us must be given to Hallmark at Hallmark Cards plc, Hallmark House, E-commerce department, Bingley Road, Heaton, Bradford, BD9 6SD. 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 this Website, 1 (one) working day after an e-mail is sent, or 3 (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.
- Entire Agreement
These Terms of Sale set out the whole agreement between us relating to your purchase of Products via the Website. No statement by any individual employed by us should be understood as a variation of these Terms of Sale or as a representation about the nature, quality or availability of the Website or any products made available on the Website.
If any provision of these Terms of Sale is found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms of Sale which shall remain unaffected.
No delay or failure by us to exercise any powers, rights or remedies under these Terms of Sale will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.
- Rights of Third Parties
A person who is not a party to a contract governing the Terms of Sale between you and us is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 except where these Terms of Sale expressly provide for such rights.
You will be subject to the policies and Terms of Sale in force at the time that you order Products from us, unless any change to those policies or these Terms of Sale 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 of Sale before we take payment from you and despatch your order to you (in which case we have the right to assume that you have accepted the change to the Terms of Sale, unless you notify us to the contrary within 7 (seven) working days of receipt by you of the Products).
These Terms of Sale are governed by the laws of England and Wales and only the courts of England and Wales (or where you are a consumer in the United Kingdom but not in England or Wales, the courts of that jurisdiction) will have exclusive jurisdiction with respect to any dispute arising under or in relation to them.
- Use of your personal information.
At Hallmark.co.uk, we want you to be delighted with your order. We appreciate that occasionally you may want to return items. Our standard returns policy is 28 days for a full refund. We regret that, after 28 days, we will only be able to offer a credit note and we reserve the right to refuse a return. We will provide a pre-paid slip with your order and instructions on what to do should you wish to return an item.
Under the Distance Selling Regulation Act, you have the right to cancel the contract for the purchase of any items within a period of 7 working days, beginning with the day after the day on which the item is delivered. This applies to all of our products providing that they are complete, unused and in an "as new" condition.
To cancel this contract, please pack the relevant item securely, attach your return label and send it to us with the delivery slip so that we receive it within 7 working days after the day of the date that the item was delivered to you.
As soon as we receive notice of your cancellation of this order, we will refund the relevant part of the purchase price for that item. We reserve the right to charge a £5.00 administration fee for returns.
Should you have any question or if you want to make a complaint please email our Customer Service team at email@example.com or via telephone on 0845 094 5094 (Monday to Friday 9 a.m. to 5 p.m. Our call centre is closed on Saturdays, Sundays and bank holidays).
Information about us
- Hallmark.co.uk is operated by Hallmark Cards plc, a company registered in England and Wales under registration number 03414540 and our address is Hallmark House, Bingley Road, Bradford, West Yorkshire BD9 6SD. If you have any questions, complaints or comments about this Website or wish to contact Customer Services then you may contact us at firstname.lastname@example.org or on 0845 094 5094.
- Services offered on the Website may include personalised cards and gifts, competitions and Ecards (“Services”). You may need to register with us in order to benefit from some of the Services and to place orders. Further details are available on the pages of the Website relevant to these Services. Once registered, you will become a member of the site (“Site Member”).
Use of the Website
- We have made this Website available to you for your own personal non-commercial use. It is designed to be used with the following browsers: IE7, IE8, IE9 for Windows 7, Mozilla Firefox 14, Google Chrome 20, Safari 5.
- We may modify, withdraw or deny access to the Website at any time.
- The Services are only available to you if you submit certain requested information to Hallmark, including (but not limited to) your name and a valid email address.
- A condition of being a Site Member is your "Active Participation" in the Service. Active Participation means purchasing merchandise through the Website at least once every 365 days. If your Site Member account is inactive for more than 365 days, we may terminate your Site Membership (or any part thereof) or use of the Service, and remove and discard any content, including (without limitation) any and all information, albums, image files or any other content within the Service.
- When you access the Website and/or use the Service, you acknowledge and agree that all content (whether private or public) that is uploaded on the Website is the sole responsibility of the person who submitted it. Moreover, you understand that by viewing the Website, you may be exposed to content you may consider offensive and you take sole responsibility for such exposure. You also acknowledge that neither Hallmark.co.uk guarantees in any way the accuracy, quality or appropriateness of content available on the Website. In no event shall either Hallmark.co.uk (including their respective officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any content made available on or through the Website including (without limitation) errors or omissions in such content and loss or damage incurred as a result of such use of such content.
- In order for us to transmit your photos for fulfillment, we need the right to make use of all content on the Service. Accordingly, as a condition to your use, you hereby grant us a perpetual, universal, nonexclusive right to copy, display, modify, transmit, make derivative works of and distribute any content transmitted or provided to the Service by you, solely for the purpose of providing the Service. In no event will we print or display any content provided by you, other than in accordance with any activity initiated by you. You remain the owner of all content that you submit to the Service and as a condition to use, you represent and warrant to us that you are the owner of the copyright to content you submit to the Service or that you have written permission from the copyright owner to submit such content. You understand that we are unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and we do not provide others with such rights to your content. We have the absolute right to exclude you from the Website if you use our Service to violate the intellectual property rights of third parties.
- You agree to use the Website only for lawful purposes, and in a way that does not infringe the rights of or restrict or inhibit anyone else's use and enjoyment of the Website. You also agree that in using the Website you will not:
5.1 use it in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
5.2 use the Website for any purpose other than your personal use;
5.3 email, transmit or otherwise disseminate any content which is defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing; threatening, abusive, offensive, distressing or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other basis;
5.4 advertise or promote third party or your own products or services including by way of the distribution of 'spam' email;
5.5 transfer files that contain viruses, Trojans or other harmful programs, code or content which may compromise the Website or the Services;
5.6 access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Website security measures or disrupt the normal flow of dialogue on the Website; and
5.7 email, transmit or otherwise disseminate any content including any content provided to us in order for us to provide goods and/or services to you which infringes the intellectual property rights of any other person including without limitation any copyright or trade mark (whether registered or unregistered).
6. Please be aware that we may review, delete, move and edit content uploaded onto the Website for any reason at any time without notice and may suspend, restrict or terminate your access to the Services offered on this Website at any time without notice at our discretion.
7. You confirm to us that:
7.1 all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times (note that you can update or correct your personal details at any time by amending your account details) and
Disclaimers and Limitation of Liability
1.1 personal injury or death resulting from our negligence;
1.2 fraud or fraudulent misrepresentation;
1.3 any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
2. Subject to the above:
2.1 we accept no liability for any damage or loss that occur during any use of or inability to use our products or services or use of this Website where such damage, loss or injury is not reasonably foreseeable to you and us when you enter into this agreement;
2.2 we accept no liability for any Website content uploaded by other users or made available to you through the Services or for unauthorised access to or alterations of your transmissions by third parties;
2.3 we accept no liability in any circumstances for any business losses that you may incur, including but not limited to lost data, loss of income or revenue, loss of business, loss of anticipated savings, lost profits, waste of management or office time or business interruptions; and
2.4 our total liability to you for any loss or damage arising in connection with this agreement shall be limited in respect of each claim to the total price of the products or services that you purchase in any one calendar year.
- Subject to the exclusions above, we will not be responsible for any damage or loss caused to you where you are not entering into this agreement as a consumer.
- We do not guarantee that this Website will be compatible with all or any hardware and software which you may use. We do not guarantee that the use of this Website will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses and you are advised to take all appropriate safeguards before downloading information or images from the Website. We do not guarantee that this Website will be available all the time or at any specific time and we reserve the right to withdraw or modify this Website at any time.
- Whilst we use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not warrant that the information on the Website itself will be free from errors or omissions.
- Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. In such circumstances, we will use reasonable endeavours to fix such system failure or expedite such maintenance or repair.
2.1 You do not modify, distribute, transmit, display, reproduce, create derivative works from, sell, licence or otherwise use the Website Content without our written permission.
2.2 No graphics are used separately from accompanying text;
2.3 our copyright and trademark notices appear in all copies and you acknowledge this Website as a source of the material; and
2.4 the person to whom you are providing these materials are made aware of these restrictions.
- You may not use, transfer, copy or reproduce any part of the Website Content, this Website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading.
- We monitor the market for infringements of our intellectual property rights and reserve the right to take any action we deem appropriate to protect our rights.
Contributions to the Website
- Further to the previous paragraph, by submitting your contribution to the Website, you confirm to us that your contribution:
2.1 is your own original work and that you have the right to make it available to Hallmark for all the purposes specified above and have obtained all necessary licences and/or approvals;
2.2 is accurate (where it states facts) and genuinely held (where it states opinions);
2.3 is not defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing, threatening, abusive, offensive, distressing or hateful or otherwise degrading or intimidating to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other reason; and
2.4 does not infringe any law.
- You agree that you will fully compensate Hallmark against all legal fees, claims, damages and other expenses that may be brought against or incurred by Hallmark in relation to your breach or suspected breach of the above warranties.
- You agree to waive any moral rights in your contribution for the purposes of the submission of your contribution to and publication on the Website and the purposes specified above.
Links to and from other Websites.
- We may provide links to other websites from time to time (via advertising or otherwise). Links contained in the Website will lead to other websites not under our control, and we accept no liability for the content of any linked website or any link contained in a linked website. The use of third party websites is entirely at your own risk. These links are provided for your ease of reference and convenience only and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party's website. You should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website's contents to the relevant website provider.
- You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into and we shall not be liable to you in respect of any loss or damage which you may suffer by using those websites. You agree that you will not involve us in any dispute between you and the third party.
- You may not link to our Website using an I frame or similar technique without our prior written consent.
- You may establish links to the Website provided: (a) You do not remove or obscure anything on the Website including advertisements, the copyright notice or other notices on the Website; (b) You do not link in a way that is defamatory or misrepresents Hallmark in any way or offers services or products that we do not provide; (c) You give us 28 days’ notice of such link by sending an e-mail message to us at email@example.com which we will approve prior to the link being posted, and (d) You immediately stop providing links to the Website if notified by Us.
- From time to time, Hallmark may run competitions and promotions. Promotions are available to all UK residents. Unless specified, promotions exclude luxury personalised card, cannot be used in conjunction with multi-buy discounts, require a voucher code to be entered at the basket check out, are only redeemable once per account and postage is chargeable at normal rates. Hallmark reserves the right to withdraw competitions and promotions at any time.
- The failure of Hallmark to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
- You can submit product reviews for any product on our website.
- Your review should be a genuine review of the product. It should be informative and highlight what you like and do not like about the product.
- Product reviews are not to be used to review service or website use.
- We reserve the right to withdraw reviews that we do not consider appropriate.
- Promotional codes have to be applied on the basket page and cannot be applied at a later date.
- Hallmark reserves the right to withdraw any offer at any time.
- Promotional codes may be mutually exclusive.
- Unless otherwise specified, postage is charged at normal rates.
Date modified: 22 May 2012