Spellgifts Limited Terms & Conditions of Use and Sale

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING YOUR ORDER.
IT IS ADVISABLE TO PRINT AND RETAIN A COPY OF THESE TERMS AND CONDITIONS ALONG WITH YOUR ORDER FOR FUTURE REFERENCE.

Spellgifts Limited may change these Terms & Conditions of Use and Sale without prior notice.

Spellgifts Limited deals with private and trade customers. When registering on Spellgifts Limited website, please provide us with as much information about you or your business as possible. If we require any more information in order to activate your account, we will contact you via email.

In this document the term customer refers to those customers who have registered and been approved by Spellgifts Limited.

Once registered, provided that all the relevant information has been supplied, your account should become active within 24 working hours. 

1. Terms of the Contract
These Terms & Conditions of Sale apply to all goods supplied by Spellgifts Limited without affecting your statutory rights.

Any order placed by you for goods advertised on our website is considered an offer by you to purchase the goods in your order.
No contract exists between you and us until we have received and accepted your order. Each time you place an order, you will receive an automated email confirming this. The notification of the automatic receipt is not a confirmation that the order has been accepted.

The contract is subject to your right of cancellation (see condition 5 below).

We reserve the right to terminate the contract of sale if the payment for ordered goods is not received in full.

2. Description and Price of Goods
We have taken every care to describe and show all items as accurately as possible, and with accordance to the manufacturer's specification. Despite this, a slight variation in items may occur. We provide you with product information on the website.  If there is anything, which you do not understand, or if you wish to obtain further information, please contact the Customer Service Team via email customerservice@spellgifts.com or using the implemented webchat system.

2.1 Value Added Tax
Prices on the website are in Great Britan Pound Sterling (GBP) and include VAT.
VAT is charged at the standard rate as laid out by the British Government http://www.hmrc.gov.uk/vat/.  EU residents living outside of the United Kingdom will not be charged VAT if the order meets the following criteria;

  1. The customer must provide a valid European Union VAT number 
  2. The goods are being shipped by ourselves outside of the United Kingdom.   

 

Customers residing outside of the United Kingdom and European Union will not be charged VAT if the order meets the following criteria:

  1. The goods purchased are to be shipped outside of the UK and European Union. 

 

For the purposes of tax reasons Guernsey and Jersey count as Non Eu and Non UK.  

2.2 Mispricing, Amend an Order or Order Cancellation
Every effort is made to ensure the prices shown on the website are accurate at the time of placing an order. If an item has been under priced in error, we will contact you and offer the following three options:

  1. Placement of a new order at the correct price of the goods;
  2. Cancellation of the whole order; 
  3. Cancellation of your order for the mis-priced goods and reconfirmation of your order for the correctly priced goods.


If you do not choose one of the three available options within 14 days, your order will be cancelled, or the under priced item(s) will be removed from your order. Any payment received from you with respect to the cancelled item(s) will be credited back to your original method of payment.

If, within 3 working days of accepting your order, we discover that all of the items are unavailable, we will email you to request if you would like an alternative item or refund, if a refund is chosen it will be processed within 3 working days.  If we do not receive a reply within 14 working days the order will be cancelled and refunded in full.  The refund will be credited back to your original method of payment. 

2.4 Larger orders (10 items or more, or above £50)

If, within 3 days of accepting your order, we discover some, but not all of the items, are unavailable, we will contact you and offer you the option of amending your order to substitute the unavailable item(s) with applicable alternative goods. If you do not choose a substitute alternative within 3 working days, and the unavailable items total 20% or less of the number of items ordered the unavailable item(s) will be removed from your order and we will dispatch the available goods. Any payment received from you with respect to the cancelled item(s) will be credited back to your original method of payment. We will not substitute an item without contacting you first regarding your order(s). Please note, under no circumstances can back orders for items be accepted.

Please note that our Supplier imports goods from all over the world, as well as locally. They also produce a large amount of the bathroom, aromatherapy and home fragrance product lines on-site at their Sheffield (UK) premises. We make every effort to keep the supplies as uninterrupted as possible. Due to the large scale of operations involved in the continuity of stock supply, we cannot guarantee all items will be available to order constantly.

It is the responsibility of the trade customers to monitor our Website and Data Feeds and update their stock levels accordingly through the medium in which the customer sells.  We cannot be held accountable for any potential loss of earnings through trade customers continuing to advertise out of stock and discontinued products.

We use new and recycled packaging for sending our orders. We do not currently provide a gift-wrap service. Depending on the size of the order, the items get delivered in unbranded envelopes or boxes - usually recycled, as we do not want to generate more litter, than necessary.


The price of an item does not include the delivery charge.

3. Payment
Payment can be made by PayPal, BACS or advertised metods only and shall be due before despatch of goods.  If your payment fails your order will be cancelled within 14 days, unless you contact to specify otherwise.

No goods will be despatched until payment has been made in full, and the funds have cleared. Please be aware if you are paying by a PayPal eCheque these may take up to 21 days to be cleared.

Website prices are listed in GBP (Pound Sterling) and this is the accepted payment currency.

4. Delivery
Delivery will be made to the address specified through our checkout when you complete your order.
Should you wish to change the delivery address after goods have been dispatched from our dispatch centre, we will require you to cover the delivery charges for the redirection (please note re-direction is only available for goods despatched via courier). The new charge will be the same as the original delivery charges. Please be aware that the redirection approval is subject to your order and account status.

Orders are aimed to be delivered within 3-5 working days after despatch* (Excludes UK Express**). Please note a working day is any day other than weekends and Bank or other Public Holidays.
If the delivery of the order will be refused, or it fails due to you cancelling the contract, Spellgifts Limited will refund you within 30 days for any sum that has been paid by you with respect to the goods. By exercising your right to cancel, you are required to return the goods, at your own cost, to the provided address. If you fail to return the goods within 14 days, we reserve the right to charge you for any costs incurred during retrieving the goods from you. In any case the delivery charges will be refunded if you cancel an order after the dispatch.

We make every effort to ensure goods are delivered within five working days of acceptance of your order. However, Spellgifts Limited will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this event, we will inform you of any delays as soon as possible.

Postal (non Courier) orders can take up to 7 working days to arrive after an order is placed.  If a non tracked order has not arrived 10 working days after despatch you may be eligible for a refund or replacement.

 
4.1 Courier deliveries
Please ensure you provide a delivery address, where someone will be available to receive the delivery between 7.30am and 5.30pm, Monday to Friday. If the couriers are unable to complete a delivery due to nobody being present, a calling card will be left asking you to contact them directly to arrange a re-delivery. If you do not contact the couriers within 2 days of receiving this card, the goods will be returned to our Despatch Depot in Sheffield and a re-delivery charge may be applicable to your order.

In the case of express deliveries, if the goods are not received in 1-2 working days please contact us immediately as after 4 working days of despatch, the courier may return the goods to our depot in Shefflied.  
In the event of re-despatching the goods or in the event of redirection further charges may apply.  In the event of charges applying, they will be the same as those charged for the initial despatch.

Spellgifts Limited and our Supplier retains ownership of all items until they have been delivered to the recipient (either directly, or by leaving them in a safe place or with a neighbour). Once your goods have been delivered, the risk of damage or loss of the item passes to the recipient.

5. Your Right of Cancellation
You have the right to cancel your contract with Spellgifts Limited at any time up to 7 days after receipt of your goods, in line with your statutory rights. To cancel your contract you must advise us in writing, either by post, by e-mail or by using the Contact Us page of the website.

Should you wish to cancel your contract after the goods have been despatched to you or your customer, you will be responsible for returning the goods to the provided address within 14 days, at your own cost, unless the goods are faulty or mis-described. Please follow our Returns Procedure (see condition 8 below).

You will be refunded for the goods within 30 days of notifying Spellgifts Limited in writing of the cancellation. Packaging and Postal costs will not be refunded in any case of an order cancellation.

6. Refund Policy
If you are eligible for a refund, we will refund you back to the same method of payment you used when you originally paid for your order. The refund amount will be the total amount you have paid for the particular order or a fraction of this, depending on the nature of the fault at hand. Please note: it is your responsibility to advise us of any changes to your payment details (as PayPal email address, or Bank Account, etc). Refunds can take up to 10 working days to process.

7. Warranty
All products supplied by Spellgifts Limited have a 6 month manufacturer’s warranty period from the date the goods were delivered (unless otherwise stated and excluding consumables). This warranty does not affect your statutory rights as a consumer.

Please note, the warranty does not cover you for any defects in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use.  Consumable items, (e.g batteries) are covered for physical defects in accordance with the terms above.  Consumable items, (e.g batteries) are not covered for replacement during 'normal' use.

7.1. Faulty Item(s)
If you receive goods that are faulty or incomplete on arrival, you must notify us within 72 hours of receipt of the item in writing (by post, by e-mail or by using the Contact Us page on the website).

We do not cover faults caused by accident, neglect, misuse or normal wear and tear. Consumable items, such as non-rechargeable batteries will be replaced if found to be inoperative on delivery,  consumable items, (e.g batteries) are not covered for replacement during 'normal' use

For items to the value of £15 sale price before VAT, excluding silver jewellery items, we request photographic evidence of any visible faults instead of a return.  We request that any damaged silver jewellery items be returned to us as a 2nd Class large letter, please see our Returns Procedure (see condition 8 below). 

The goods should be returned to us in line with our Returns Procedure (see condition 8 below).

We will check products returned as faulty. If the fault is verified, we will replace the item within 5 working days at no additional cost to you and you will be reimbursed for any reasonable carriage costs incurred by the return. If, for any reason, we are unable to replace the item (for example, due to discontinuation of a product), you will be offered a choice of a substitute alternative product or a refund for the faulty item.

For items over £15 sale price before VAT, please contact us via email at customerservice@spellgifts.com describing the type and extent of the fault and we will advise you how to proceed.

Please do not place duplicate orders for replacement of damaged/faulty goods.

For heavy, courier delivered items of the value of over £15 sale price before VAT with visible fault (s) that we wish returned to us we can, upon request, despatch a replacement item and arrange a courier collection of the damaged item at the same time (please note this is only available in the circumstance that the recipient will be available at the address to pass the faulty goods to the courier)

In the event the faulty goods are to be returned to us by the recipient, please see our Returns Procedure (see condition 8 below).  If the goods you have returned are found not to be faulty, you will be notified in writing.  You will receive a refund or an offer of a replacement for the original goods, however we will ask you to cover the delivery charges, and no return delivery charges will be refunded.

7.2. Item(s) Damaged on Arrival
In the unlikely event of you receiving a damaged product, you should notify us in writing (either by e-mail customerservice@spellgifts.com or by using the Contact Us page on the website) within 48 hours of receipt of the goods. For items to the value of £15 sale price before VAT, excluding silver jewellery items, we request photographic evidence of any visible damage instead of a return.  We request that any damaged silver jewellery items be returned to us as a 2nd Class large letter, please see our Returns Procedure (see condition 8 below). 

For items over £15 sale price before VAT, please contact us via email at customerservice@spellgifts.com describing the type and extent of the damage and we will advise you how to proceed.

For heavy, courier delivered items of the value of over £15 sale price before VAT with visible damage that we wish returned to us we can, upon request, despatch a replacement item and arrange a courier collection of the damaged item at the same time (please note this is only available in the circumstance that the recipient will be available at the address to pass the faulty goods to the courier)

In the unlikely event the damaged goods are to be returned to us by the recipient, please see our Returns Procedure (see condition 8 below). Once we have received the goods at our Despatch Depot in Sheffield, we will examine the goods for the damage. If the damage is verified, we will replace the item within 3 working days at no additional cost to you and you will be reimbursed for any reasonable carriage charge incurred by the return.

If the goods you have returned are found not damaged, you will be notified in writing. You will receive a refund or an offer of a replacement for the original goods, however we will ask you to cover the delivery charges, and no return delivery charges will be refunded.

PLEASE DO NOT PLACE DULICATE ORDERS TO REPLACE DAMAGED ITEMS, it will not speed up the replacement process.

7.3. Wrong Item(s) Delivered

If, by mistake we supply you with an incorrect item, you must notify us within 7 days.  If your customer (this applies to trade customers) wishes to return the item for replacement it must be in lines with our Returns Procedure (first see 7.3.1 below).  Depending on the value of the item (see 7.3.1 below) the customer is free to keep the item if they are happy with it, and any refund for a difference in value will be issued, conversly if the item is of higher value than the original item paid for an Invoice request will be sent for the difference.

7.3.1 If the projected reasonable carriage costs for an item to be returned exceeds the value of the item (it's original sale price as listed on the Spellgifts Limited website & data feeds), we will ask for photographic evidence that the item is incorrect, the end customer is then free to dispose of the incorrect item in the most convenient manner to themselves.

The goods should be returned to us in line with our Returns Procedure. Once we have received the incorrect items at our Despatch Depot, the correct items will be shipped within 3 working days and you will be reimbursed for any reasonable carriage charge incurred by the return.

In the event of an item of over 2kg in weight we can arrange a courier collection at the same time as the correct item is delivered (this service is only available if there will be somebody present at the delivery address to accept the delivery and pass back the incorrect goods).

PLEASE DO NOT PLACE DULICATE ORDERS TO REPLACE DAMAGED ITEMS, it will not speed up the replacement process.

7.4. Item(s) Not Required
If you wish to return an unwanted item, you must notify us in writing (either by post, by e-mail or by using the Contact Us page on the website) within 7 days of receipt of the item.  

The item should be then returned to us in line with our returns instructions within 28 days of you notifying us. You will be responsible for returning the goods at your own cost, and they should be returned in their original packaging and 'as new'.

This condition does not apply to perishable (those items supplied with a printed Use By date) items, unless previously agreed in writing with Spellgifts Limited.

7.5. Extra Item(s) Delivered
If, by mistake we supply you with extra items, you must notify us immediately, either in writing (by e-mail or by using the Contact Us page on the website) The item(s) should be returned to us in line with our Returns Procedure (see condition 8 below). Once the goods have been returned to the Despatch Depot, you will be reimbursed for any reasonable carriage charge incurred by the return.

If you do not inform us of receipt of extra items and you are found in possession of goods that you have not paid for, you will be charged for the goods in full.

7.6 Non-Delivery of Item(s)

Please allow 5 working days from dispatch for the delivery of ordered items. If the items are still not delivered after this time, please contact Spellgifts Limited via email customerservice@spellgifts.com  or the ‘contact us’ form on the website. Please provide us with the original order number as reference.

We will then investigate the non-delivery with the relevant delivery service provider used for the order and offer you a replacement order to be sent out or a full refund for the undelivered goods.

7.7 Peak Delivery Periods (e.g. Christmas)

Please note that during Christmas period or whenever may be required, Royal Mail/Courier transit times are extended beyond our control and a notification placed on the homepage

7.8 Upgrading Delivery Method

A pre-existing order cannot be upgraded to UK Express, if you wish to change the selected delivery option, please contact Spellgifts Limited in writing to cancel the existing order and place the order through the website when refunded. Standard terms of delivery apply to the new order.


8. Returns Procedure

Please note, in the event of an item arriving damaged contact must be made to Spellgifts Limited in writing and we will advise whether a return is necessary.  We may request photographic evidence of all damages wherever possible (excluding silver jewellery), rather than a return.
Items should be returned in their original packaging and 'as new' to the Despatch Depot:

AWDS
Shefflield (UK)
S3 8AL

Before returning any items, you must inform Spellgifts Limited of the reason for the return. Please quote your original order number on all returns and correspondence.

In the event of an item returned to Spellgifts Limited not arriving, you will be asked to provide tracking details (where applicable) or a receipt of proof of postage.

We advise that customers return items of higher value than £15, to return those with tracked or signed for second class post.

If an item(s) is returned to Spellgifts Limited without any written communication, and not in line with our returns procedure, Spellgifts Limited will not compensate for any transport costs involved.

9. Limitation of Liability
Spellgifts Limited will not be liable to you for any loss or damage in circumstances where:

  1. There is no breach of a legal duty owed to you by Spellgifts Limited or by its employees or agents;
  2. Such loss or damage is not a reasonably foreseeable result of any such breach;
  3. Any increase in loss or damage resulting from breach by you of any item of this contract.


10. Privacy and Data Protection
Spellgifts Limited will take all reasonable precautions to keep the details of your order and payment secure. However, unless Spellgifts Limited is negligent, we will not be liable for unauthorised access to information supplied by you.

Spellgifts Limited will not supply your details to any third party.

11. Images Liability and Copyright

Although all the best efforts are made to update product images on a regular basis, product images are for illustrative purposes only and may differ from the actual product.  Please note there will be variations in colours pertaining to products manufactured from natural materials (e.g Soap Stone or Wood). 

No replacements will be made if a customer is dissatisfied with the colour of any natural material product (eg soapstone or woodware products) as materials natural colours can vary within a wide range.  If a customer wishes to return a natural made item due to it's colour it should be returned in line with the returns procedure and a refund in full will be given for the original item cost, no refund will be made for carriage fees involved.

No replacements will be made if a customer is dissatisfied with the colour of any product which is listed as having varying colours in the description.  If a customer wishes to return a varying colours item due to it's colour it should be returned in line with the returns procedure and a refund in full will be given for the original item cost, no refund will be made for carriage fees involved.

All images provided in the image file are free for our approved account users to use in their own chosen selling medium.

Images on the website and included in the data feeds remain the Intellectual Property of Spellgifts Limited and its owners.

12. Governing Law and Jurisdiction
These terms and Conditions of Sale and the supply of the goods will be subject to English law and the English courts only will have jurisdiction in respect of any dispute arising from the contract.

13. Protecting Your Security

All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

14. Placing an Order

By placing an order with Spellgifts you are confirming you have read and agree to these terms, conditions and delivery times as laid out in writing on this site.  The contract of the sale is bound by the terms laid out in this document only.

The contract laid out in this document is between Spellgifts Limited and yourself, the customer.  In the event of goods shipped to an address other than yourself (the customer), there is no contract between Spellgifts Limited and the end receiver of the goods shipped (e.g. your customer). In this case Spellgifts Limited cannot mediate any aspect of the sale between yourself (the customer) and the end receiver of the goods shipped (e.g. your customer).

15. Misuse of Goods

Cosmetic Use Disclaimer
We make every reasonable effort to ensure that the information on this website is accurate and up-to-date. The material here is intended to provide general information and users are advised to seek further legal guidance before acting or relying on the contents. We disclaim all liability for loss and/or damage that may result from the use of information contained on this site.

Spellgifts Limited will not be held responsible for any death or personal injuries that occur from the misuse of goods advertised on this website.

16. Copyright
 

All website design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets), and all other material on this website are copyright of Spellgifts Limited and its affiliates and trade partners, or their content and technology providers. ALL RIGHTS ARE RESERVED. 

Spellgifts Limitd may grant the permission to electronically copy and/or print in hard copy portions of this website for the sole purpose of placing an order with Spellgifts Limited, or using this website as a shopping resource.

All product images and descriptions provided on the website www.spellgifts.com, as well as those provided through the image files and product sheets in the data feeds of www.spellgifts.com are free to use by all registered and approved customers of Spellgifts Limited for the promotion of the sales of these products through the customers chosen sales medium.

Any other use of materials on this website (including reproduction for purposes other than those noted above, modification, distribution, or republication) without the prior written permission of Spellgifts Limited or its trade partners is strictly prohibited. 

16.2 Trademarks 

Spellgifts, Spelligfts Limited any other referenced on this website is the trademark or registered trademark of Spellgifts Limited in the UK and/or other countries. Other product and company names mentioned on this website may be the trademarks or registered trademarks of their respective owners.


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