Terms & Conditions Of Sale For Christmas 2009
These terms and conditions set out the basis on which you visit and use this website and purchase goods and/or services. Please read them carefully as they contain important information.
- Prepayment protection: Park Retail Limited ("Park") (registered in
England Company Registration No. 402152) has entered into a Declaration of
Trust with Park Prepayments Trustee Company Limited to improve the security of prepayments
made by you to us or Agents in respect of your orders. A copy of the Declaration of Trust can be seen here or can be obtained from Park Customer Care, free of charge, on request.
Any prepayments made by you to your Agent shall, for the purpose of receiving and holding
such prepayments only, be received and held by your Agent as agent for Park.
- In these terms and conditions "we/our" is Park Christmas
Savings Club Ltd (registered in England Company Registration No.
1003190) acting as an agent for Park. Park and Park Christmas Savings
Club Ltd are both wholly owned subsidiaries of Park Group plc, Valley
Road, Birkenhead CH41 7ED and members of the Park Group of Companies
("Park Group"). Please send any complaints to Park Customer Care. The
contact addresses and telephone numbers for Park Customer Care and our
Careline Team are contained in paragraph 42.
- In these terms and conditions, "Agent" refers to any person
ordering for themselves and their named customer(s) and "Direct" means
any person ordering without naming any customer(s).
- Placing an order: If you have placed an order through an
Agent, once we have received and accepted your order, we will send your
Agent confirmation of this and a personalised payment card for you to
record the payments you make to your Agent. Please ensure you
obtain this card and get a signature from your Agent for each payment
you make. If you have placed your order with us directly, confirmation of
your order will be sent to you with a payment card for you to record
the payments you make to us. Please check we have correctly printed
your name, address, postcode and order details. The payment card should
be retained by you at all times. All orders are subject to
availability. We will inform you as soon as possible if the goods
and/or services you have ordered are not available.
- Restrictions on orders: Hampers and packs containing alcoholic
drinks may only be ordered by customers over 18 years of age. Knives
may only be ordered by customers over 16 years of age. Appropriate
identification will be required with any such order.
- Prices: All prices shown in the 2009 Park Christmas savings
catalogue ("the Catalogue") are inclusive of delivery costs to
Agents/Directs and any applicable UK VAT and duties. Should there be
any Governmental changes in taxation (including duties) which affect
the price of our goods and/or services, we reserve the right to adjust
such price accordingly. The prices in the Catalogue are not to be
interpreted as an offer.
- Payment: Subject to paragraph 8, you must make your first
payment with your order and then make regular payments (we suggest
fortnightly) to your Agent (where applicable) or to Park, if ordering
direct. Your Agent should send all payments to us fortnightly for the
total price of the goods ordered, as shown in the Catalogue. All
payments must be received by us by 1st November 2009. Any payments
received by us after this date may cause deliveries to be delayed. We
reserve the right to cancel any order where payment of the total price
is not received by us by 1st November 2009 and cancellation charges
shall apply as specified in paragraph 12.
- Online orders and payment: For new accounts created and orders
made online, an acceptance of your order will only be sent once you
have selected one of the alternative methods of payment shown on this
website.
- Acceptance for payment:
Highest priority: 1. High Street Gift Vouchers, 2. Meat hampers and options, 3. Other hampers, 4. All other items, including jewellery and retailer vouchers.
Lowest priority: No part of any payment shall be accepted as made against any item in any category until full payment for any item in the same customer order, in a category with a higher priority, has been made and accepted.
- Any payment made to us by credit card may incur a 2% surcharge
to cover extra administration costs.
- Order alterations (excluding the cancellation of all goods
and/or services ordered) can be accepted up to and including 1st
September 2009 for no extra charge.
- Cancellation charges: The cancellation of all of the goods
and/or services ordered by you shall result in the following charges:
(a) A cancellation charge equal to 5% (or £20, whichever is greater) of the order value will be charged in respect of order cancellations received by us, up to and including 1st September 2009.
(b) A cancellation charge equal to 10% (or £20, whichever is greater) of the order value will be charged in respect of order cancellations received by us after 1st September 2009.
(c) Once any item ordered has been personalised it cannot be cancelled.
- As examples of weekly payments are over 45 weeks, occasionally
an imbalance may occur. In all cases, the total price listed in the
Catalogue must be received by us.
- Delivery: Subject to paragraph 7, items will be delivered in
good time for Christmas. However, most vouchers and a limited number of
other items can be released early, if requested, provided your/your
Agent's (if applicable) account is paid in full. Please ask your Agent
to contact or, if none, you should contact our Careline Team for full
details of which items can be released early. Delivery of all other
items will be detailed in the delivery advice letter your Agent or, if
none, you will receive from us during October 2009. All items must have
been paid for in full. Commission and bonuses, where earned by an Agent
or a Direct, can be used towards their final payment.
- All items will be delivered to Agents/Directs, unless stated
otherwise in the Catalogue. Direct delivery to customers of Agents is
available on some items (excluding vouchers). However, a charge of
£4.00 per item may apply. Our Careline Team can advise you on items
available to be delivered direct to customers of Agents.
- Please let your Agent or our Careline Team know as soon as
possible if you change your address prior to delivery.
- All fresh fruit and vegetables and cheese hampers will be
delivered, in insulated packaging to Agents/Directs in – the UK
mainland only. (The UK mainland excludes the Scottish Islands (for
example Shetland, Orkneys, Lewis), Isle of Wight, Isle of Man and the
Channel Islands).
- All frozen meat and freezer hampers are packed in specially
insulated boxes in our temperature controlled packing hall to ensure
the goods remain at a consistent temperature. Please ensure all frozen
goods are transferred to a freezer immediately upon delivery.
- All items should be received in a satisfactory condition. Some
items may be covered by an appropriate manufacturer's guarantee. In the
unlikely event that any item or product malfunctions during use, please
ask your Agent to contact or, if none, you should contact our Careline
Team.
- Every effort will be made to supply the exact item ordered
(including any bonus gifts contained in hampers). However, if it is
necessary to supply a substitute item, we will choose an item of equal
or greater value. If you are not satisfied with the substitute item, we
will bear the cost of its return. If a suitable alternative is not
available, Love2shop (High Street Gift Vouchers) to the value of the
item will be sent to you instead.
- Except for those items highlighted in the Catalogue, all other
items ordered can be cancelled in accordance with this paragraph.
Please note that all cancellations must be made within 7 working days
from the day after the delivery date. Your Agent or, if none, you must
first of all call our Careline Team to gain authorisation for the
return of an item. All authorised items for return and refund or credit
must, unless otherwise agreed, be sent back in a good condition in
their original packaging to Park, Valley Road, Birkenhead. CH41 7ED by
31st January 2010 to ensure your claim is processed.
- Keeping in touch with you: By placing an order with us and/or
giving data to us you confirm that you understand and agree that the
information you provide will be held on a Park Group database and that
it will be shared by all companies within the Park Group. A full list
of those companies is available by writing to the Data Controller, Park
Group Plc, Valley Road, Birkenhead, CH41 7ED. Park Group plc shall be
the data controller for the purposes of the Data Protection Act 1998.
- The information you provide will be used by us and any
necessary third parties to provide you with the goods and and/or
services you request.
- Companies within the Park Group would like to contact you for
customer care purposes, or to keep you informed about the latest
offers, promotions, prize draws, and competitions, using post,
telephone, e–mail, SMS and any other appropriate means, including new
technology. If you wish to be contacted via email or SMS, please
provide us with your e–mail address and/or your mobile telephone number
as appropriate.
- If you do not wish to be contacted by Park or any other member
of the Park Group, for marketing purposes please either call us, email
us or write to us at the telephone no'(s) or address(es) specified in
paragraph 42.
- Company liability: Our liability to you is limited to the
total price to be paid for the goods and/or services ordered, except
liability is not excluded or limited for personal injury caused by our
negligence.
- Copyright: All rights including copyright in this website are
either owned by or licensed to Park. Any use of this website or its
contents, including copying or storing it or them in whole or part,
other than for your own personal, non–commercial use is prohibited
without the permission of Park. You may not modify, distribute or
re–post anything on this website for any purpose.
- Privacy policy: We utilise the latest in Secure Server
Technology to ensure that all personal and transactional information is
protected to the highest standards. Our representatives may hold your
data so that your details and/or order can be processed and/or account
maintained.
- Cookies – what is a cookie? A cookie is a small amount of
data, which often includes an anonymous unique identifier, that is sent
to your browser from a website's computer and stored on your computer's
hard drive. Each website can send its own cookie to your browser if
your browser's preferences allow it, but (to protect your privacy) your
browser only permits a website to access the cookies it has already
sent to you, not the cookies sent to you by other sites. Many sites do
this whenever a user visits their website in order to track online
traffic flows.
Cookies record information about your online preferences. Users have the opportunity to set their computers to accept all cookies, to notify them when a cookie is issued or not to receive cookies at any time. The last of these, of course, means that certain personalised services cannot then be provided to that user and accordingly you may not be able to take full advantage of all of the features on our site. If you wish to turn off our cookies, please type "Cookie" in the index of the "help" facility in your browser, but please note that turning off cookies may limit your use of our website. If you have set your computer to reject cookies you can still browse our site anonymously until such time as you wish to register for our services. For further information on cookies please visit www.aboutcookies.org or www.cookiecentral.com
- Our website makes use of cookies. Visitors to our websites are
sent anonymous cookies to keep track of their browsing patterns and
build up a demographic profile. We also use cookies to make it easier
for you to use and complete certain facilities on the site (such as the
"My Account" section). Any visitor to one of those facilities will be
sent a "session" cookie (which lasts only for your visit) that enables
you to use the facility. You do not need to allow your browser to
accept cookies in order to browse much of our websites or to access
many of our services. Most browsers allow you to turn off the cookie
function. Computer viruses are not passed through the use of cookies.
- Security is a priority for us and we realise it is a major
issue for people purchasing on the Internet. We understand that you
need to know that a website is legitimate and that transactions are
secure before you buy. When you place an order with us or access your
account information online, this is done through a secure server which
encrypts all of the information you input before it is sent to us using
a secure socket layer "(SSL)". Also you have the added protection
provided by Barclay's ePDQ Internet Payment Service.
- None of our employees or our suppliers ever get to view your
confidential card details when entered online. SSL is the industry
standard security technology used by Microsoft, Netscape, and leading
internet commerce companies – it is the most advanced security measure
available.
- By using our online service, you accept any security risks and
will not hold us responsible for any breach of security, unless you can
prove that this is due to our negligence or wilful default. We are not
responsible for Agents or their actions except as authorised by us in
writing.
- Accuracy of content: Whilst Park has taken every care in the
preparation of the content of this website, it shall not be liable to
any person for any loss or damage which may arise from the use of any
such content.
- Damage to your computer: Park makes every effort to ensure
that this website is free from viruses or defects. However, we cannot
guarantee that your use of this website or any websites accessible
through it won't cause damage to your computer. It is your
responsibility to ensure that the right equipment is available to use
the website and screen out anything that may damage it. Park shall not
be liable to any person for any loss or damage which may arise to
computer equipment as a result of using this website.
- Password/account security: You are responsible for maintaining
the confidentiality of your password and account and any activities
that occur under your account. Park shall not be liable to any person
for any loss or damage which may arise as a result of any failure by
you to protect your password or account.
- Other legal notices: There may be legal notices on other areas
of this website which relate to your use of this website, all of which
will, together with these terms & conditions, govern your use of
this website.
- Changes to legal notices: We reserve the right to change these
terms & conditions from time to time and you should check them
regularly for any changes.
- Use of this website from outside the UK: Unless otherwise
specified, the materials on this website are directed solely at those
who access this website from the United Kingdom mainland. Park makes no
representation that any goods and/or services referred to in the
materials on this website are appropriate for use, or available, in
other locations. Those who choose to access this site from other
locations are responsible for compliance with local laws if and to the
extent local laws are applicable.
- Registration: When registering on our website you warrant that
all personal information you are required to give is true, accurate and
complete and you will notify us of any changes to your Agent or our
Careline Team as soon as possible.
- Law, jurisdiction and language: This website, any content
contained herein and any contract brought into being as a result of
usage of this website are governed by and construed in accordance with
English Law. The parties to any such contract agree to submit to the
exclusive jurisdiction of the courts of England. All contracts are
concluded in English.
- Park Customer Care can be contacted at:
(a) postal address : Customer Care, Park Christmas Savings Club Limited, Valley Road, Birkenhead, Wirral CH41 7ED
(b) email address: getus@getpark.co.uk
(c) Careline Team: 08457 678 933
- Love2shop Gift Card Replacement Policy
If you lose your Love2shop card or it is stolen, you MUST IMMEDIATELY telephone us on the number that will be shown on your card when you receive it and give us the number of such card so that it can be cancelled. We will then issue a replacement for the value left on your cancelled card at the time of cancellation.
We will not be responsible for any unauthorised use of your lost or stolen card prior to cancellation.
IMPORTANT Keep a note of all your card numbers in a safe place as we will require the number of any lost or stolen card before a replacement can be issued.
