- FREE DELIVERY ON ORDERS OVER £94.60
- FREE DELIVERY ON REGULAR BOXES (EXCLUDING BESPOKE REGULAR BOXES)
- FREE DELIVERY ON BESPOKE REGULAR BOXES OVER £64.60
- £3.00 LOCAL DELIVERY CHARGE. ASK US FOR DETAILS OF AREAS COVERED
- £9.46 DELIVERY CHARGE APPLIES TO ALL OTHER ORDERS
Additional information regarding delivery can be found by following one of the following links.
A surcharge may apply to certain remote areas of the UK. Please check our
Delivery Information UK page for details.
All overseas shipments will have a surcharge. Please check our delivery information overseas page for details. We use no mass production methods therefore all our weights are approximate.
On all bespoke boxes we charge only for the weight supplied. This means that should we exceed the weight requested you will be charged accordingly. Similarly if we do not reach the weight requested we will charge accordingly.
We reserve the right on occasions to substitute a product of similar nature and price if the requested item is not available. Before we ship any item we will use all available means to attempt to contact you to confirm the substitution.
Unless previously agreed we are unable to accept payment by cheque or postal order.
Delivery of the items will be made on a Tuesday, Wednesday, Thursday or Friday and we will notify you of the date of despatch, consignment details and the online tracking facility.
Exchanges and refunds are not generally acceptable due to the nature of the goods however we reserve the right to make ex-gratia payments and offer credit against future purchases depending on the nature of the complaint.
We reserve the right to alter the terms of this agreement at any time.
Additional Terms Relating To The Regular Box Scheme Only.
We will continue to deliver your chosen box unless we are advised of changes.
Such changes include upgrading, suspending or canceling the order.
Visa, mastercard debit and credit cards are the only acceptable method of
payment for the regular boxes. We are unable to accept paypal, cheque or bank
transfer. Your delivery will be canceled immediately following a payment refusal
by your card issuer.
Changes to your box contents will be honoured as quickly as possible. All
changes must be notified by the Sunday before delivery. We will agree to changes
and cancellations post Sunday however this will be subject to a £5.00
Changes to favourites which will be added to a regular box must be completed
by Sunday of the week in which the box will be delivered. Changes after this
time may be honoured but we will require an email or phone call to accommodate
and a charge of £5.00 will be levied.
The box contents are set two weeks in advance. In the event that we are unable
to supply the advertised products we will substitute with alternative products
of equal or greater value. We may not be able to give notice of such a change.
The "return the box" and "recommend friends" scheme has
separate terms to this agreement and will be sent under separate cover.
Standard Terms and Conditions of Sale
These are the terms and conditions on which we will contract with you. They apply to both trade customers and consumers. If you contract as a consumer they do not affect your statutory rights.
Discounts & Special Offers
- Special offers can only be used against a single order and may not apply to regular boxes nor ready priced hampers as these are heavily discounted already.
- The "refer a friend" offer applies to individuals where address of recipient and referee are different locations and where the payee and referee resides in differing locations.
- Individual codes may have different conditions and these will be advised at the point of advertising said offer.
In these terms and conditions (“Conditions”) the following words
have the following meanings: “the Buyer” means the person(s),
firm or company who purchases the Goods from the Company; “the Company”
means Devon Rose Limited; “the Contract” means any contract between
the Company and the Buyer for the sale and purchase of the Goods, incorporating
these Conditions; “Goods” means any goods agreed in the Contract
to be supplied to the Buyer by the Company (including any part or parts of
them); “Website” means the website owned by the Company which
has the address of www.devonrose.com
Any reference to any provision of a statute in these Conditions shall be
construed as a reference to that provision as amended, reenacted or extended
at the relevant time.
Any headings in these Conditions are for convenience only and shall not affect interpretation.
Application of Conditions
All Contracts shall be subject to these Conditions although the Conditions governing any given purchase will be those in effect at the date of the Buyer’s order. If the Buyer orders goods after the Company have published the changes to the Conditions, the Buyer will be bound by those changes. It shall be the responsibility of the Buyer to check prior to each order to ensure that they understand the precise terms and conditions which are applicable to each order. The Company shall display the date on which the Conditions were last updated.
Any alternative conditions or any addition, alteration or variation to these Conditions or representations about the Goods shall not apply unless they are expressly agreed in writing and signed by the Company and nothing in these Conditions shall exclude or limit the Company’s liability for fraudulent misrepresentation.
In the event that the Contract is inconsistent with these Conditions, these Conditions shall prevail.
Purchase of Goods
Any order for Goods by the Buyer to the Company shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions.
The Company shall acknowledge an order placed by the Buyer by displaying a
message on the Website or sending an e-mail to the e-mail address supplied
by the Buyer or actual delivery of the Goods to the Buyer, whichever is the
earliest. The acknowledgment of an order by a message on the Website or an
e-mail shall not constitute confirmation or acceptance of such order.
Acceptance or confirmation of an order will take place upon dispatch of the Goods to the Buyer.
The Buyer must be over 18 years of age and must have completed the registration process set out on the Website.
The Buyer must ensure that the terms of its order and any applicable specifications are complete and accurate.
Description and Quality
All drawings, photographs, illustrations, measurements, specifications or descriptions or any other information submitted or contained on the Website, in catalogues of the Company or other advertising matter are approximate only and shall not be deemed to form part of the Contract or be treated as constituting any warranty, representation or condition in relation to any of the Goods.
The Company shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer
The Company shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer
Unless otherwise agreed by the Company in writing, the price for the Goods shall be the price set out on the Website at the time the Buyer’s order is accepted.
While the Company shall try and ensure that all prices on the Website are accurate, errors may occur. If the Company discovers an error in the price of Goods ordered they will inform the Buyer as soon as possible and give the Buyer the option of reconfirming the order at the correct price or cancelling it.
Where the price of Goods sold depends on their weight, the price of such goods shall be the price for the actual weight of the Goods. The Company shall display on the Website an indicative guide of the price of certain weights of individual products.
The price for the Goods shall be inclusive of any value added tax but shall not include any delivery charges which are payable in addition by the Buyer to the Company, as set out on the Website.
Payment may be made by debit, credit or charge card. The cards accepted by the Company for payment are shown on the Website.
On the date in which the Buyer places the order for Goods authority for such payment shall be requested from the Buyer’s card issuer. Authority for payment must be given at the time of order and in the event that this is not given, the Company reserves the right to refuse the order without any liability whatsoever. The Company shall reserve £1.00 against the Buyer’s card and on dispatch of the Goods, the Company shall debit the Buyer’s card for the full price of the Goods.
Time for payment shall be of the essence.
Interest at 2% per month or part thereof will be payable, both before and after any judgment, by the Buyer to the Company on any overdue payments.
All payments payable to the Company under the Contract shall become due immediately upon:
termination of the Contract despite any other provision; or
any act or proceedings which involve the solvency of the Buyer..
Goods shall be delivered to the Buyer’s address as set out on the order, unless otherwise agreed in writing by both parties.
Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be of the essence.
The Goods should be signed for on delivery by a person over the age of 18 years old. If no one is available who is over the age of 18 to sign for the Goods on delivery, the Goods will by default be left in a safe place at the clients premises at the clients risk. By request the delivery may be retained by the driver. The driver will leave notification of attempted delivery and the Buyer shall be required to telephone the delivery agent to rearrange delivery. In the event that there is no one or no appropriate person to accept delivery of the Goods at the time of delivery, the Company reserves the right to charge the Buyer for any perishable items contained within the Goods, together with the cost of delivery.
Goods left safe at the designated premises will be deemed to be the responsibility of the recipient. Devon Rose will not accept liability for any delivery deemed to be damaged, lost or stolen after the delivery has been made.
In the event that the Goods delivered are incorrect, incomplete or damaged, the Buyer must notify the Company within 2 days following delivery, unless the Goods are perishable or at the time of notifying the Company the suggested ‘use-by date’ of the Goods has passed. The Company shall arrange with the Buyer, the return of the Goods to the Company.
The Company shall, at its option, replace, repair or give credit for any defective Goods, (except those which are perishable or have passed their ‘use-by date’) provided that condition 28 has been complied with and that the defective Goods have been returned to the Company within 5 days of notifying the Company in accordance with condition 28, accurately identified and packaged appropriately.
Risk of damage to or loss of the Goods shall pass to the Buyer at the time the Goods are delivered, regardless of whether the Buyer is able to take delivery or not.
Ownership of the Goods shall not pass to the Buyer until the Company has received in full and in cleared funds all sums due to it in respect of the Goods and until such time as ownership of the Goods has passed to the Buyer the Company shall be entitled to require the Buyer to deliver up the Goods to the Company.
All items are subject to availability. The Company shall inform the Buyer as soon as possible if the Goods ordered are not available and a full refund shall be given where the Buyer has already paid for the Goods. In the event of non-availability of the Goods (or any of them) the Company may offer a reasonable substitute, which may be rejected by the Buyer.
Consumer Rights and the Right to Cancel or Amend
The Buyer shall be entitled to amend the order at anytime provided that the Goods have not been dispatched for delivery.
The Buyer’s statutory rights including but not limited to those contained within the Sale of Goods Act 1979 (as amended) and the Sale and Supply of Goods and Services Act 1994, shall not be affected by the restrictions and limitations set out in these Conditions.
Where the Buyer is entering into the Contract as a consumer the Buyer shall:
1.from the time the Contract is made until a period of 7 days following delivery of the Goods, have the right to cancel the Contract by sending written notice of cancellation to the Company PROVIDED that the Buyer is not physically present when the Contract is entered into;
2.have the right to require Goods be repaired or, where appropriate, replaced for a period of six months after the Contract is made where the Buyer asserts the Goods do not conform to the Contract save where the Company can establish that the Goods do so conform.
The rights set out in condition 34.1 shall not apply where the Goods include CDs, DVDs, tapes or other recording media, software or videos where their seal is broken, earrings or make up which by their very nature cannot be returned, goods which have been personalized or made to the Buyer’s specification, or perishable goods such as food or flowers or periodicals/magazines. This does not affect your statutory rights.
in the event the Buyer cancels the Contract under condition 34.1 above:
- The Buyer shall be responsible for paying all reasonable costs and expenses incurred in the Goods being returned to the Company; and
- The Company shall reimburse any sum paid by the Buyer within 30 days of the notice of cancellation being given.
Limitation of Liability
All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract. Nothing in these Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or fraudulent misrepresentation.
Where the Buyer notifies the Company of any defects in accordance with condition 28 the liability of the Company to the Buyer for any loss or damage of whatsoever nature and however caused shall be limited to and in no circumstances shall exceed the price of the Goods paid by the Buyer.
The Company shall not be liable if it is prevented from or delayed in the carrying out of its obligations under the Contract by situations of force majeure including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials or any other event beyond the reasonable control of the Company.
The Company reserves the right to vary these Conditions at any time but the terms and conditions which apply to the Contract between the Company and the Buyer shall be those in force at the time the Contract is entered into.
If any provision of these Conditions are 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 provision in question shall not be affected.
Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract nor shall the waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
No other person shall have the right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not effect any right or remedy of a third party which exists or is available apart from that Act.
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing and addressed to the other party at its registered office, principal place of business or, where the Buyer is a consumer, home or such other address as may at the relevant time have been notified to the party giving the notice. Such notice shall be deemed to have been given when delivered if delivered by hand and 2 working days following the date in which the said notice was so posted.
Law and Jurisdiction
These Conditions shall be governed by the laws of England and Wales and the Buyer agrees to submit to the exclusive jurisdiction of the English Courts.