Terms & Conditions (Conditions of Sale)
- In these Conditions:
“Buyer” means the person who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller.
“Goods” means the goods (including any instalment of the goods or any for them) or (as the case maybe) any service which the Seller is to supply in accordance with these Conditions
“Seller” means CSBG Limited whose office is at Dashwood House, Burlingham Grange, North Warnborough, Hampshire. RG29 1FB.
“Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in Writing between the Buyer and the Seller.
“Contract” means the contract for the purchase and sale of the Goods.
“Writing” includes e-mail, cable, facsimile transmission and comparable means of communication.
- Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
- The headings in these Conditions are for convenience only and shall not affect their interpretation.
- In these Conditions:
- Basis of the Sale
- The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written order of the Buyer which is accepted by the Seller, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.
- No variation to these Conditions shall be blinding unless agreed in Writing between the authorised representatives of the Buyer and the Seller.
- The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed in Writing.
- Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Seller, is followed or acted upon entirely at the Buyer’s own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed in Writing.
- Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
- Orders and specifications
- No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller’s authorised representative.
- The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
- The quantity, quality and description of and specification for the Goods shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller).
- The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.
- No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.
- Price of the goods
- The price of the Goods shall be the Seller’s quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Seller’s published price list current at the date of acceptance of the order. All prices quoted are valid for 30 days only or until earlier acceptance by the Buyer, after which time they may be altered by the Seller without giving notice to the Buyer.
- The seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alternation of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
- Except as otherwise stated under the terms of any quotation or in any price list of the Seller, and unless otherwise agreed in Writing between the Buyer and the Seller, all prices are given by the Seller on an ex works basis, and where the Seller agrees to deliver the Goods otherwise than at the Seller’s premises, the Buyer shall be liable to pay the Seller’s charges for transport, packaging and insurance.
- The price is exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay to the Seller.
- Terms of payment
- Subject to any special terms agreed in Writing between the Buyer and the Seller, the Seller shall be entitled to invoice the Buyer for the price of the Goods on or any time after the Seller’s acceptance of the Buyer’s order or the Buyer’s acceptance of the Seller’s quotation (as the case may be).
- The Buyer shall pay the price of the Goods upon presentation of the Seller’s invoice, and the Seller shall be entitled to recover the price, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer. The time for payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
- If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:-
- cancel the Contract or suspend any further deliveries to the Buyer:
- appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the seller) as the Seller may think fit (notwithstanding) any purported appropriation by the Buyer); and
- charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 3 per cent per annum above Lloyds Bank plc base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
- Risk and property
- Risk of damage to or loss of the Goods shall pass to the Buyer:-
- in the case of Goods to be delivered at the Seller’s premises, at the time when the Seller notifies the Buyer that the Goods are available for collection; or
- in the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
- Notwithstanding delivery and the passing of risk in the goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all goods agreed to be sold by the Seller to the Buyer for which payment is then due.
- Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property. Until that time the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business.
- Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller, and if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
- The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
- In the case of goods which are the property of the Buyer and are left at the Seller’s premises for any reason whatsoever, such goods shall at all times be held by the Seller at the Buyer’s risk, and Seller shall have no liability for any loss or damage to such goods (unless such loss or damage is the direct result of the negligence of the Seller, its employees or agents).
- Risk of damage to or loss of the Goods shall pass to the Buyer:-
- Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection or, if some other place for delivery is agreed by the Seller delivering the Goods to that place, PROVIDED THAT in cases where the Buyer’s application for credit has not been accepted in Writing by the Seller shall not be obliged to deliver the Goods or any part of them until the Seller has received the price of the Goods in cleared funds.
- Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in Writing. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
- Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
- If the Seller fails to deliver the Goods for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault, and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
- The Seller reserves the right to deliver up to 5% less than the quantity ordered, providing that in the event of such short delivery the price shall be reduced pro rata, and the Seller shall have no other liability whatsoever to the Buyer for such short delivery.
- If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise then by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may:-
- store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
- sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the contract or charge the Buyer for any shortfall below the price under the Contract.
- Warranties and liability
- Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
- Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Conditions.
- Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods have been delivered in accordance with the Contract.
- Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
- Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their, use or realise by the Buyer, except as expressly provided in these Conditions.
- The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:-
- Act of God, explosion, flood, tempest, fire and accident;
- War or threat of war, sabotage, insurrection, civil disturbance or requisition;
- Acts, restrictions, regulations, bye-laws, prohibitions or measures of any king on the part of any governmental parliamentary or local authority;
- Import or export regulations or embargoes;
- Strikes, locks-out or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
- Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
- Power failure or breakdown in machinery.
- The Seller may, at its absolute discretion, accept returns of Goods delivered in accordance with the Contract, PROVIDED that:
- the Goods returned are in a condition as good as the condition in which they were delivered to the Buyer, and
- the Goods are returned, carriage pre-paid , to the Seller (accompanied by the Seller’s delivery note reference number) at the Seller’s premises no later than 4 weeks from the date of delivery; and where such returned Goods are accepted by the Seller the Seller shall credit the account of the Buyer with the price of the Goods returned (less a handling charge of 10% of the price).
- The Seller may, at its absolute discretion, accept returns of Goods delivered in accordance with the Contract, PROVIDED that:
- This clause applies if:-
- the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
- an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
- the Buyer ceases, or threatens to cease, to carry on business; or
- the Seller reasonably apprehends that any of the events mentioned above to occur in relation to the Buyer and notifies the Buyer accordingly.
- If this clause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
- Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
- No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall, not be affected thereby.
- Any dispute arising under or in connection with these Conditions or the sale of the Goods shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President for the time being of the Law Society.
- The Contract shall be governed by the laws of England and the Seller and the Buyer hereby submit themselves to the non-exclusive jurisdiction of the Courts of England and Wales.
Last updated Jul 18, 2011
Controllers of Personal Information
Any personal information provided or to be gathered by CSBG Limited whose office is at Dashwood House, Burlingham Grange, North Warnborough, Hampshire. RG29 1FB.
Collection and Use of Personal Information About Customers
The information we learn from customers helps us personalise and continually improve your shopping experience at CSBG Limited. We use the information to handle orders, deliver products and services, process payments, communicate with you about orders, products, services and promotional offers, update our records and generally maintain your accounts with us . We also use this information to improve our store and platform, prevent or detect fraud or abuses of our Web site and enable third parties to carry out technical, logistical or other functions on our behalf.
Here are the types of information we gather.
Information you give us: we receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information but then you might not be able to take advantage of many of our features.
Automatic information: we receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies" and we obtain certain types of information when your Web browser accesses csbusinessgifts.co.uk. A number of companies offer utilities designed to help you visit Web sites anonymously. Although we will not be able to provide you with a personalised experience at csbg.co.uk if we cannot recognise you, we want you to be aware that these tools exist.
E-mail communications: to help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from csbg.co.uk if your computer supports such capabilities. We also compare our customer list to lists received from other companies in an effort to avoid sending unnecessary messages to our customers. We do not send random marketing emails to personal email addresses (spam). If you do not want to receive e-mail or other mail from us, please unsubscribe from the your account area or by clicking the "Unsubscribe" link located at the end of every marketing email.
What About Cookies?
>Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognise your browser and to provide features such as storage of items in your Shopping Basket.
The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. However, cookies allow you to take full advantage of some of csbusinessgifts most innovative and useful features and we recommend that you leave them turned on.
If you do leave cookies turned on, be sure to log off when you finish using a shared computer.
Does CSBG Limited (hampers-direct-uk) Share the Information It Receives?
Information about our customers is an important part of our business and we are not in the business of selling it to others.
We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, processing credit card payments and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in accordance with this Privacy Notice and as permitted by the UK's Data Protection Act.
Protection of csbg.co.uk (hampers-direct-uk) and others:
With your consent: other than as set out above, you will receive notice when information about you might go to third parties and you will have an opportunity to choose not to share the information.
How Secure Is Information About Me?
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
It is important for you to protect against unauthorised access to your password and to your computer. Be sure to log off when you finish using a shared computer.
What Choices Do I Have?
As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase.
If you do not want to receive e-mail or other mail from us, please unsubscribe from the your account area or by clicking the "Unsubscribe" link located at the end of every marketing email.
The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether.
Conditions of Use, Notices and Revisions
Our business changes constantly and our Privacy Notice and the Terms & Conditions will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.
To process our transactions we use an internet payment provider "Sagepay". Sagepay provides very high levels of internet and physical security to ensure sensitive information is never compromised.
Sagepay security measures include;
- Credit/Debit card details are secured within 128-bit encrypted sessions.
- Sensitive information is stored on a heavily encrypted database that is protected by multiple government approved firewalls.
- Using Sagepay ensures that csbg limited (hampers-direct-uk) doesn't have to hold sensitive information on their site, should anyone gain unauthorised access to their database the information they obtain will not allow them to recover credit card details or other sensitive information.
- The possibility of obtaining sensitive information from the Sagepay database is minimised due to high levels of encryption; firewall security and the measures taken to ensure the information is indecipherable.
Whenever we are taking any form of sensitive data we force the use of SSL (Secure Sockets Layer) encryption technology. This is the industry-standard security protocol, and it's used to communicate with browsers such as Internet Explorer, Firefox and Netscape (not a complete list). This prevents anyone else from reading the details you send to us.
What is SSL?
Secure Socket Layer (SSL) is a protocol developed by Netscape in 1996 which quickly became the method of choice for securing data transmissions across the Internet. SSL is an integral part of most web browsers and web servers and makes use of the public and private key encryption algorithm developed in 1977 by Ron Rivest, Adi Shamir and Leonard Adelman (RSA).
Our SSL certificate is provided by Thawte who are industry leaders in the provision of SSL certification and protection. For more information on the certificate used on csbusinessgifts.co.uk (hampers-direct-uk.co.uk) click the padlock symbol that appears in your browser or visit www.thawte.com.
Other Payment Methods
If for any reason you do not wish to use your credit card online to make payment, you can choose one of the alternative payment options while checking out. Other payment options currently offered include:
- BACS Transfer
- Telephone – We can accept your payment details by telephone.
What to Look For
To ensure that your order is being placed on a Secure Socket Layer, there are several visual clues displayed by your browser.
- First, you will notice the "http" in your browser's URL location has changed to "https"
- In Netscape browsers, you will see the lock located in the lower left corner will now appear closed with a slight glow
- Microsoft Internet Explorer browsers will also display a closed lock, but in the lower right corner of the browser or to the right of the address bar if you are using Microsoft Internet Explorer 7
- By looking in the security dialogue in your browser you can inspect the identity of the security certificate owner and be certain that you are trading with csbusinessgifts.co.uk (hamopers-direct-uk.co.uk)
Regardless of your browser, this website will display these visual clues to reassure you that your information is being transferred securely.