Hand Picked Shop Terms and Conditions
Introduction
The following terms and conditions are applicable to any order placed on the shop.handpickedhotels.co.uk website (Website) and set out your rights, obligations and any possible restrictions when you place an order for wine or gifts (Products).
This document forms the agreement between you as a customer of the Website and Hand Picked Hotels Ltd. Any reference to ‘you’ or ‘your’ means as a user or customer of the Website. All references to ‘we’, ‘us’ or ‘Hand Picked Shop mean Hand Picked Hotels Ltd.
Before placing an order through the Website please read this document in full. By placing an order through the Website and ticking the box accepting these terms and conditions you are consenting to be legally bound by this agreement, confirming you are aged 18 years or older and that you are legally capable of entering into a binding contract. We recommend that you print a copy of these terms and conditions for future reference.
Our Website Products
Images of Products and their packaging displayed on our Website are for illustrative purposes only.
It is your responsibility to open and inspect the Products upon delivery and to store them correctly at the appropriate temperature. We accept no liability for any loss, damage or injury arising as a result of your incorrect storage of our Products. If you are not sure of any allergen information relevant to you, please contact us at team@handpickedathome.co.uk
In the unlikely event that it is not possible for us to supply you with a Product, we will send you an email to let you know and your order will not be processed. If we have already received payment from you for the Products, this will be refunded in full, as soon as possible.
Our contract with you
Please ensure that you carefully check the details of your order at each stage of the Website ordering process. Once your order has been placed, you will receive an acknowledgment email from us which constitutes your order confirmation.
Your consumer right of refund
You have the right of refund if the Products you receive from us are defective or are not as described on our Website. You should contact us in writing and report the problem within 3 days of delivery of the Products attaching any relevant photographs to support your claim.
Following receipt of your claim, we will investigate and contact you to offer the choice either of replacement Products or a refund of the price/the partial price of the specific Product in full. Any agreed refund will be processed within 14 days of receiving an acceptable claim that the Product is defective or misdescribed. Any refunds will be issued to the method of payment used to place your order. Your statutory rights are not affected by your right of return and refund or anything else set out in these terms and conditions. How to contact us: Please email us at team@handpickedathome.co.uk quoting your order number, where applicable, for ease of reference.
Price and payment
The price of the Products will be as quoted on our Website from time to time, except in cases of obvious error. Product prices are inclusive of VAT for UK orders and GST for Jersey orders, both charged at the current rate.
Product prices are liable to change at any time. Orders for which we have already sent you an Order Confirmation will not be affected.
Our Website offers numerous Products and it is possible that, despite our best efforts, on rare occasion Products may be listed with an incorrect price. Prices are verified as part of our order verification process so that, where a Product’s correct price is less than our listed Website price, the lower amount will be applied when preparing the Product for you. If a Product’s correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before preparing the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation if the pricing error is obvious and could have reasonably been recognised by you as an error.
Payment in full for all Products must be made by credit or debit card at the point of order. We use Shopify payment services to carry out and process your payments.
Discount codes
You may use a discount code if it has been issued or authorised by us for our Products. You are only able to use them once per order, once per household and a quoted expiry date will be applicable. Discount codes cannot be applied retrospectively and no exchange or cash alternative will be offered.
Online account and feedback
By placing an order with us you are automatically creating an online account. This account allows you to submit reviews and feedback which we may use for marketing purposes.
Our warranty
Subject to the disclaimers set out in these terms and conditions, we promise you that any Product purchased from us through our Website will conform in all material respects with its description, be of satisfactory quality and be reasonably fit for purpose at the time of delivery.
We shall have no liability to the extent that any damage or defect results from:
a modification or alteration of the Products by anyone other than us;
your or any third party’s use of the Products in a manner contrary to the instructions given to you by us;
fair wear and tear, wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; or
any failure to use reasonable skill and care in using the Products and/or failure to use the Products legally and/or for the purposes for which such Products are intended to be used.
Our liability
Nothing in these terms and conditions shall:
restrict your statutory rights
exclude or limit our liability for death or personal injury resulting from our negligence;
exclude or limit our liability for fraud or fraudulent misrepresentation;
exclude or limit our liability for any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 (this relates to legal title/ownership);
exclude or limit our liability for defective products under the Consumer Protection Act 1987; or
exclude or limit our liability for any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Should we fail to meet these terms and conditions, we shall only be liable to you for the purchase price of the Products and any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. We are not responsible for any loss or damage that is unforeseeable at the time we enter into a Contract.
We will not be liable for any losses that result from our failure to comply with these terms and conditions falling into but not limited to the following categories: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss or corruption of data, information or software.
Written communications
As a user of our Website, you accept that the written communications we are legally required to send you will be mainly electronic. We will contact you by email and may 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 communications we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Events outside of our control
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 (“Event Outside Our Control”).
An Event Outside Our Control includes any act, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; 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 disasters; impossibility/breakdown of the use of railways, shipping, aircraft, motor transport or other means of public or private transport including traffic; failure by our suppliers to supply; failure of public or private telecommunications networks (including the internet); and the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Event Outside Our Control 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 Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.
Entire agreement
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous agreements between us relating to the provision of Hand Picked at Home Products ordered via the Website.
Our right to vary these terms and conditions
We reserve the right to revise and amend these terms and conditions from time to time including (without limitation) 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 systems’ capabilities.
You will be subject to the policies and terms and conditions in force at the time of ordering Products from us unless any change to those policies or these terms and conditions is required to be made by law or we notify you of the change to those policies or these terms and conditions before we send you the Order 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).