PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT HOW YOU MAY USE THIS WEBSITE

These Terms & Conditions (together with our Privacy and Cookies Policy regarding personal information provided by you, and Terms and Conditions for Use of our Website) will apply to any contract between us for the sale of Products available on our Website to you (“Contract”).

By using this Website and/or placing an order you agree to be bound by these Terms & Conditions. Please read these Terms & Conditions carefully and make sure that you understand them before ordering any Products from our Website. You will be asked to read and agree to these Terms & Conditions before you place an order for Products from our Website. If you do not agree with these Terms & Conditions, do not order any Products from our Website.

Before placing an order, if you have any queries relating to these Terms & Conditions, please click here to email our customer services team.

We may change these Terms & Conditions from time to time without notice to you, for example, to comply with changes in the law, to take account of new ordering or payment processes, or new Products we may offer. Changes will only apply to any subsequent orders you make on the Website. Every time you wish to order Products, please check these Terms & Conditions to ensure you understand the terms which will apply at that time.

These Terms & Conditions, and any Contract between us, is only in the English language.

In our dealings with you, we work on the assumption that all sales are to private consumers, you are at least 18 years old and are legally capable of entering in to binding contracts.

About us

We, Harrison and Griffiths Ltd, operate this website at www.harrisonandgriffiths.co.uk. We are a company registered in England and Wales under company number 10477135 and our registered office is at 2, Smiths Bookkeeping & Accountancy Services Ltd, Valmont Road, Nottingham, United Kingdom, NG5 1GA. Our main trading address is at Harrison & Griffiths, PO Box 10495, Nottingham, NG5 0HY.

You can contact us:
By email at sales@harrisonandgriffiths.co.uk
By phone at 0115 9533792
By post at Harrison and Griffiths by Post, Harrison & Griffiths, PO Box 10495, Nottingham, NG5 0HY.

Our website and its content

We do not guarantee that access to our website, or the content on it, will always be available or uninterrupted. Your right to access our website is given on a temporary basis only.

We reserve the right to change our website and the content on it, including without limitation by adding or removing content or functionality, at any time.

We make no warranties, representations, undertakings or guarantees that our website or any content on it will be free from errors or omissions.

The content on our website is provided for general information purposes only.

We make no warranties, representations, undertakings or guarantees that our website is secure or free from bugs or viruses. You are responsible for ensuring that the device from which you access our website has suitable anti-virus software in place.

Restrictions on your use of our website

You may only use our website for lawful purposes.

In addition, you must not:

• use our website to send or transmit, whether directly or indirectly, unsolicited or unauthorised advertising or promotional material, chain letters or pyramid selling schemes;
• use our website for mail bombing or flooding or to make deliberate attempts to overload a system;
• knowingly or recklessly introduce to our website, or use our website to transmit, any viruses, trojan horses, worms, logic bombs, time-bombs, keystroke loggers, spyware, malware, adware or other materials which are malicious or harmful;
• attempt to gain unauthorised access to our website, the server, equipment or network on which our website is stored, any server, computer or database connected to our website or any software;
• use our website to attempt to gain unauthorised access to any other website, internet account, server, computer, equipment, system, network, data or information;
• use our website to monitor data or traffic on any network or system;
• use our website to collect or use information, including without limitation email addresses, screen names or other identifiers, by deceit (such as phishing, internet scamming, password robbery, spidering, scraping and harvesting);
• use our website to distribute software;
• carry out a denial-of-service attack or a distributed denial-of-service attack on our website or use our website to carry out any such attack on any other website;
• use our website to groom, harm or take advantage of minors in any way or to attempt to do so; or
• use our website in violation of export laws, controls, regulations or sanction policies of the United States or any other country.

Passwords and security requirements

If you register an account on our website you must provide accurate and complete registration information and keep that information up to date at all times.

You may need a user identification code and password in order to access certain parts of our website. It is your responsibility to keep this information secret and confidential and not to disclose it to any other person.

If you think that somebody else might know your user identification code and/or password then you must log in to your account and change these as soon as possible.

We reserve the right to disable your user identification code and/or password at any time if, in our reasonable opinion, you fail to comply with any of these Terms & Conditions or if we consider that there may be a security risk.

Product information

We have made every effort to describe and display as accurately as possible the Products that appear on the Website. However, your Products may vary slightly from those images, especially those Products which are handcrafted.

Prices, offers and Products are subject to availability and may change at any time prior to receipt of your Dispatch Confirmation.

THE PLACING OF A PRODUCT ON OUR WEBSITE IS AN INVITATION TO ACCEPT OFFERS FOR PRODUCTS, IT IS NOT AN OFFER TO SELL AT THE LISTED PRICE NOR IS IT BINDING ON US. YOUR OFFER IS ONLY ACCEPTED WHEN YOU RECEIVE DISPATCH CONFIRMATION FROM US

Gift Vouchers

• Our gift vouchers are only valid at Harrison & Griffiths website and not at events.
• A gift voucher cannot be exchanged for cash or refunded.
• Gift vouchers cannot be purchased in conjunction with free delivery offers.
• If the amount of purchase is less than the value of the gift voucher, change will not be given.
• Please protect your gift voucher and treat it as cash as we are unable to accept any liability for lost and stolen gift vouchers and cannot replace the same.
• If your gift voucher becomes accidentally damaged please contact us on 0115 9533792.
• Gift vouchers will only be valid if they are endorsed by us at the time of purchase.
• The monetary gift vouchers have no expiry date.

We reserve the right to refuse to accept a gift voucher which we deem to be tampered with, duplicated or which otherwise is suspected to be affected by fraud.

We reserve the right to amend the gift voucher terms and conditions from time to time, where we consider it reasonable and necessary to do so.

Order placing

We recommend that you make a note of your order number. If you are a guest user and you want to save your order details in an account, you will be given the option to register with us and create a password. If you do this, you’ll be able to log in to see the status of your order and shopping with us next time will be much quicker.

We will send you an order confirmation email (“Order Confirmation”) to confirm that we are processing your order.

Acceptance of an order placed by you online and the completion of the Contract between you and us will take place when you receive the Dispatch Confirmation email from us.

If for any reason we cannot provide you with an item on your order, you will be contacted by email and a refund will be issued for the item(s) that are missing.

If a Product you have ordered is listed at an incorrect price due to an error on our part, we will notify you of the error and either refund you for any overcharged amount so that you pay only the correct price of the Product (and the delivery charge if the order only contained that item) or if we have undercharged you we will seek the outstanding balance. We will not dispatch the Product to you until the correction has been made.

Payment

The price of the Product(s) are as set out on the Website. Your order summary will confirm the price payable by you for the selected Product(s).

We accept MasterCard, Visa Credit, Visa Debit and Visa Electron.

Your card will be charged when you place your order.

ACCEPTANCE BY US OF ANY PAYMENT MADE BY YOU IN CONNECTION WITH ANY PRODUCTS DOES NOT CONSTITUTE OUR ACCEPTANCE OF YOUR ORDER AND A LEGALLY BINDING CONTRACT IS NOT FORMED UNTIL YOU RECEIVE OUR DISPATCH CONFIRMATION EMAIL (AS REFERRED TO IN STEP 13 OF PARAGRAPH 5 ABOVE) AND WE WILL NOT BE OBLIGED TO SUPPLY PRODUCTS TO YOU UNTIL THEN.

Payment card validation

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorise payment then you will be notified of this immediately at the checkout stage and there is nothing we can do to override this.
In processing your order, we may use your information for the purposes of the prevention and detection of fraud and we may disclose your address and postcode details as part of our fraud prevention checks. At all times where we disclose your information it will remain secure.

Circumstances excluding your legal right to cancel without reason

Your legal right to cancel your Contract with us within 14 days of receiving the Product(s) does not apply in the case of any Product ordered by you that is:

• made to your specifications or personalised (for example wedding or celebration cakes); or
• sealed for health protection or hygiene purposes, once it has been unsealed after you receive it; or
• food items which have an expiry date of up to 14 days after the date of despatch.

If you have made a prepayment in relation to wedding or celebration cakes, whether we refund such prepayment is entirely at our discretion and we will be under no obligation to do so.

Faulty or mis-described Products

In addition to your legal right to cancel without reason, we are under a legal obligation to ensure that we supply Products which are in conformity with the terms of the Contract between us.

If we have made a mistake, or you receive Products that are faulty, damaged or unfit for purpose, please return them to us by post following the returns procedure set out here.

Upon receipt, the Products will be examined by Harrison & Griffiths to determine any fault. If the Product is found to be incorrect, defective or damaged, we will refund the price of the Product, the delivery charges you have paid to receive that Product (unless the faulty or mis-described Product was sent to you with other items which you are not returning) and any reasonable costs you incur in returning the item(s) to us.

Refunds

Refunds will be made in accordance depending on the reason why you are returning the Product(s).

All refunds will be made using the original payment method. Please note that it can take between 5 and 7 working days for the funds to show back in your account and that this time is dictated by your bank and is completely out of our control.

Our liability to you

If we fail to comply with these Terms & Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms & Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.

We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not in any way exclude or limit our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
• any breach of the terms implied under implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
• defective Products under the Consumer Protection Act 1987; and
• as of 1 October 2015, any breach of the terms for which liability cannot be limited or excluded as provided for under Section 31 of the Consumer Rights Act 2015.

As a consumer, you will always have legal rights (including statutory remedies) in relation to Products that are faulty or not as described. Similarly, as a consumer, you have legal rights (including statutory remedies) in relation to services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described.

Advice about your legal rights (including statutory remedies) are available from your local Citizens’ Advice Bureau or Trading Standards office.

Events Outside 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 an Event Outside Our Control.

An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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 disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

• we will contact you as soon as reasonably possible to notify you; and
• our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

Other important terms.

We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms & Conditions.

You may only transfer your rights or your obligations under these Terms & Conditions to another person if we agree in writing.

The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms & Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms & Conditions or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

These Terms & Conditions are governed by the laws of England and Wales. This means a Contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by English and Welsh law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

Complaints Procedure

In the event that we fail to meet our high standards of customer service, please do not hesitate to contact us. Please call us on (0115) 953 or put your complaint in writing and send it to us by post to Harrison & Griffiths, PO Box 10495, Nottingham, NG5 0HY, or by email to sales@harrisonandgriffiths.co.uk. Please note that our opening hours may be extended on a seasonal basis.

We aim to provide an initial response to a complaint by email within 24 hours from receipt or the next working day (excluding public holidays). This may change during busy periods.

You are responsible for ensuring that anyone else who accesses our website through your internet connection is aware of these Terms & Conditions and the policies referred to above and that they comply with them.

Changes to these Terms & Conditions and our other policies

We make changes to these Terms & Conditions from time to time. You should therefore check these Terms & Conditions whenever you return to our website to see whether any changes have been made, as these will be binding on you.

We also make changes to our privacy policy from time to time, so you should also check these regularly to see whether any changes have been made.

Applicable law

If you are a consumer these Terms & Conditions are governed by the law of England and Wales and the courts of England and Wales have non-exclusive jurisdiction to determine any dispute arising out of or in connection with them. If you are resident in Scotland you may also bring proceedings in Scotland and if you are resident in Northern Ireland you may also bring proceedings in Northern Ireland.

If you are a business user these Terms & Conditions (and any non-contractual obligations arising out of or in connection with them) are governed by the law of England and Wales and the courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with them (including without limitation in relation to any non-contractual obligations).