Terms & Conditions 


Welcome to our website www.homeandgiftcentre.co.uk (referred to as Site). This website is owned and operated by Thomas Enterprises Ltd (referred as Thomas Enterprises Ltd/ Gift Shop / we / our / us). As a user of this Site (referred to as you / your) you acknowledge that any use of this website including any transactions you make (use / using) is subject to our terms and conditions below. Please read these terms and conditions carefully before using this Site. We recommend that you print a copy for future reference. If you do not agree to be legally bound by all the following terms and conditions, please do not use this Site.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:

Account

means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;

Carrier

means any third party responsible for transporting purchased Goods from our Premises to customers;

Content

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

Goods

means any products that Thomas Enterprises Ltd advertises and / or makes available for sale through this Web Site;

Thomas Enterprises

means Thomas Enterprises Ltd. Company Reg: 01974500

Service

means collectively any online facilities, tools, services or information that Thomas Enterprises Ltd makes available through the Web Site either now or in the future;

Payment Information

means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

Purchase Information

means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;

Premises

Means our place(s) of business located at Gift Shop, 10 Craven Park Road, Harlesden, London, NW10 4AB

System

means any online communications infrastructure that Thomas Enterprises Ltd makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

User / Users

means any third party that accesses the Web Site and is not employed by Thomas Enterprises Ltd and acting in the course of their employment

Web Site

means the website that you are currently using (www.homeandgiftcentre.co.uk) and any sub-domains of this site (e.g. subdomain.www.homeandgiftcentre.com)) unless expressly excluded by their own terms and conditions.

2. Age Restrictions
Persons under the age of 18 should use this Web Site with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions also apply to customers buying Goods in the course of business.
4. International Customers
If Goods are being ordered from outside Thomas Enterprises Ltd's country of residence, import duties and taxes may be incurred once your Goods reach their destination. Thomas Enterprises Ltd is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Thomas Enterprises Ltd cannot guarantee that the packaging of your Goods will be free of signs of tampering.
5. Intellectual Property
5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Thomas Enterprises Ltd, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Thomas Enterprises Ltd.
6. Third Party Intellectual Property
6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to Thomas Enterprises or the manufacturers or distributors of such products as may be applicable.
6.2 Subject to Clause 7 you may not reproduce, copy, modify, distribute, download or store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by Thomas Enterprises Ltd or the relevant manufacturer or supplier.
7. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
8. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Thomas Enterprises Ltd or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
9. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.homeandgiftcentre.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Thomas Enterprises Ltd. To find out more please contact us by email at customerservices@homeandgiftcentre.co.uk.
10. Use of Communications Facilities
10.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
You must not use obscene or vulgar language;
You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
You must not submit Content that is intended to promote or incite violence;
It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
The means by which you identify yourself must not violate these terms of use or any applicable laws;
You must not impersonate other people, particularly employees and representatives of Thomas Enterprises Ltd or our affiliates; and
You must not use our System for unauthorised mass-communication such as spam or junk mail.
10.2 You acknowledge that Thomas Enterprises Ltd reserves the right to monitor any and all communications made to us or using our System.
11 Accounts
11.1 In order to purchase Goods on this Web Site you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
all information you submit is accurate and truthful;
you have permission to submit Payment Information where permission may be required; and
you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
11.2 It is recommended that you do not share your Account details, particularly your password. Thomas Enterprises Ltd accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
11.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Thomas Enterprises Ltd immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Thomas Enterprises Ltd accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
12 Termination and Cancellation
12.1 Either Thomas Enterprises Ltd or you may terminate your Account. If Thomas Enterprises Ltd terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
12.2 If Thomas Enterprises Ltd terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
12.3 Thomas Enterprises Ltd reserves the right to cancel purchases without stating reasons, for any reason prior to dispatch.
12.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
12.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
13. Goods, Pricing and Availability
13.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Thomas Enterprises Ltd correspond to the actual Goods, Thomas Enterprises Ltd is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
13.2 Where appropriate, you may be required to select the required size / colour / number / other features of the Goods that you are purchasing.
13.3 Thomas Enterprises Ltd does not represent or warrant that such Goods will be available. Stock indications are not provided on the Web Site.
13.4 All pricing information on the Web Site is correct at the time of going online. Thomas Enterprises Ltd reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
13.5 In the event that prices are changed during the period between an order being placed for Goods and Thomas Enterprises Ltd processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
13.6 All prices on the Web Site include VAT.
13.7 Promotional codes are to be used not in conjunction with any other offer. Sale items are excluded from offers. These offers are not for resale or publication and only apply to personal orders with all orders being subject to acceptance under Thomas Enterprises Ltd's standard terms and conditions.
13.8 Accuracy of Content:
Thomas Enterprises Ltd has taken great care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and all products have been fairly described. All prices are displayed inclusive of Value Added Tax. Packaging may vary from that shown. Weights dimensions and capacities given are approximate but every care is taken to ensure the greatest degree of accuracy. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on the monitor you are using, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colours of our product on delivery.
14. Delivery
14.1 Thomas Enterprises Ltd will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
15. Returns Policy
Thomas Enterprises Ltd aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
15.1 If you receive Goods which do not match those that you ordered, or is completely different, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 24 hours to arrange a return. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
15.2 Please ensure you thoroughly check your items for any damage at the point of delivery. Once goods are accepted from the courier signed or not signed for, no responsibility can be taken by Thomas Enterprises Ltd for any loss or damage whatsoever. In the unusual event that your item arrives damaged, please do not accept the delivery and call us for a replacement. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
15.3 You have a statutory right to a 14 day cooling off period.
Please cancel your online order within the cooling off period. You have 14 days to change your mind from the day after you receive your order.
15.4 PRODUCTS THAT CAN BE RETURNED & NON REFUNDABLE PRODUCTS
You can return most items ordered online (in accordance with the terms in this section). However, certain items are exempt.
RETURNS EXEMPTION LIST:
• personalised or bespoke items;
• any items which deteriorate or expire rapidly;
• any items that were sent to you sealed for health protection or hygiene reasons but you have unsealed them. including but not limited to: cosmetics, duvets, hats, hosiery, lingerie, bed linen, underwear, perfumery, personal grooming products, pillows and cake decorations.
Items with a tagged swing ticket which you have removed.
Items in a heat sealed bag (for hygiene purposes) which you have opened.
Products you have received OVER 28 days after it was delivered to you
Products without original packaging or labels
Products or packaging in poor condition
Where possible, we shall remind you of this in the product description section.
You cannot cancel your contract in respect of made-to-measure/specially ordered goods (e.g. curtains) or perishable goods (e.g. foods) unless they are faulty, damaged upon delivery or incorrect.
Where you have failed to take reasonable care of the goods, we reserve the right to refuse a refund and return the goods to you at your own cost.
The items need to be in the original packaging where it forms part of the goods, for example, boxed goods, garments and gift items). All Goods returned (with its original packaging) must be in a clean, undamaged, re-saleable condition. Where an item has a return policy swing ticket attached, it must still be attached and undamaged upon return. Where an item is sent to you in a heat sealed bag for hygiene reasons, this bag must not be torn, ripped or opened in anyway if you wish to return the product.
Your statutory rights are not affected.
15.5 CANCEL AN ORDER
You can request to cancel your order, using the contact us form. Just so you know, once you've placed your order, the order starts going through the system straight away, so that we can get it to you as fast as possible. Due to this, we can't always cancel an order.
We will confirm in an email if we were able to cancel it. If you're still having problems, please contact us and we will be happy to help.
15.6 CANCELLATION PERIOD
Your cancellation period ends 14 days after the day on which the items are delivered to you (or someone you nominate to receive the items for you) . If your order consists of multiple items or parts which are delivered on different days, then the cancellation period (in respect of your whole order) ends on the day 14 days after the day on which the last of the items or parts are delivered to you (or a person you have nominated to receive the order).
How to notify us to cancel an order.
You can cancel by sending an email to customerservices@homeandgiftcentre.co.uk or by post to:
Customer Returns,
T/A: GIFT SHOP
10, CRAVEN PARK ROAD
HARLESDEN
LONDON
NW10 4AB
You need to give Thomas Enterprises Ltd a clear statement (email or letter) that you would like to cancel, which includes your name, address, details of the order you wish to cancel and some contact information such as a telephone number or email address.
You can use the returns form sent with your order. To use the form, simply fill it in, scan and email it to customerservices@homeandgiftcentre.co.uk. Or post it to Thomas Enterprises Ltd at the address above.

15.7 HOW TO RETURN GOODS BACK
TWO STEP PROCESS.
To make a return you have 28 days in total to:
Notify us by email or post that you wish to return a product
Make sure that the product (or products) have been received by us.
Your 28 days starts from the day after your receive your order (this is known as ‘day 1’)
The 28 days INCLUDES weekends and bank holidays.
If there are any postal strike actions we will take this into consideration, but can only do so IF you have already notified us that you will be returning Goods and/or you have parcel tracking evidence . Failure to do so means your 28 days starts from the day after you have received your order.
If you have sent Goods back and have tracking evidence, but Goods are held up during a postal strike, we will take this into consideration and allow for any delays.
GET STARTED ON YOUR RETURN
We suggest that you wait no longer than 14 days (starting from the day after you receive your order) to notify us by email or post that you wish to return Goods. By notifying us later than 14 days is acceptable to us, but gives you less time to get your parcel sent back to us.
Please fill in the return form (found in your delivery) and email back to us or send via post (use a recorded delivery service). PLEASE check that the Goods you are returning are not classified as ‘return exempt’. If you are not sure what Goods are exempt from being returned, please read our terms and conditions (your statutory rights are not affected).
Returns must be sent to:
CUSTOMER RETURNS
GIFT SHOP
10, CRAVEN PARK ROAD
HARLESDEN
LONDON
NW10 4AB
We will send you an acknowledgement email once we have received your email or returns form in the post.
It is then your responsibility to have your returns parcel in our care from the date on which you sent your email or posted returns form up until the 28th day since you received your ORDER (from ‘day 1’)
Please follow the steps above. For security issues any unauthorised parcels will not be accepted.
Please make sure your parcel has a ‘senders details’ label on it. The information we require would be your name, address and order number (you will find this on your delivery note).
When we receive your parcel, we shall notify you by email and confirm the amount to be refunded to you.
Any returns we receive from ‘day 29’ to ‘day 31’ will receive a voucher code to use on our site as a gesture of goodwill (for further information on using vouchers on our site, please refer to our terms and conditions 'use of voucher'). Any returns we will receive on ‘day 32’ onwards will not receive a refund and you will have to pay for your parcel to be returned back to you.
Any returns are at your own risk. For your protection, Thomas Enterprises Ltd recommends that you return your items using a 'signed for' service, whether you use Royal Mail or a courier service.
You must pay for any return delivery costs. Where the wrong item has been sent to you or the item is defective (manufacturer's fault), Thomas Enterprises Ltd will refund you the delivery cost ONLY when we have confirmed this in writing.
The items need to be in the original packaging where it forms part of the goods, for example, boxed goods, garments and gift items). All Goods returned (with its original packaging) must be in a clean, undamaged, re-saleable condition. Where an item has a return policy swing ticket attached, it must still be attached and undamaged upon return. Where an item is sent to you in a heat sealed bag for hygiene reasons, this bag must not be torn, ripped or opened in anyway if you wish to return the product.
15.8 REFUND TOTAL
Thomas Enterprises Limited will refund you in full for any items you return but will deduct from any reimbursement an amount equal to any diminishment in value of the items as a result of you handling the items beyond what is necessary to establish the nature, characteristics and functioning of the items (e.g sending back a product in damaged packaging or packaging that cannot be used and/or repack the product will incur a 20% deduction of the total value of the Good).
If you are returning all items in your order, Thomas Enterprises Limited will also refund the cost of the initial delivery to you, but only up to the cost of the standard delivery charge. Thomas Enterprises Ltd will not refund any Next Day, Express, Saturday or other premium component of any delivery charge. If you are NOT returning all the items in your order, the initial delivery cost will not be returned to you.
Thomas Enterprises Limited will refund you using the same payment method originally used by you to make the payment. You will be refunded no later than 14 days after the day Thomas Enterprises Ltd receives the items you are returning back from you.
USE OF VOUCHER
Voucher rules:
28 day validity (including weekends and public holidays)
Cannot be exchanged for a cash refund
Goods bought with a voucher can only be ‘refunded’ by receiving another voucher.
28 day return rules still apply to voucher users.
Failure to return goods within the 28 days will result in Thomas Enterprises Ltd refusing your parcel / return. We reserve the right to charge you to have your parcel delivered back to you.
16 Privacy
Use of the Web Site is also governed by our privacy policy which is incorporated into these terms and conditions by this reference. Please read the privacy policy in full.
17 Disclaimers
17.1 Thomas Enterprises Ltd makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
17.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
17.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
18 Changes to the Service and these Terms and Conditions
Thomas Enterprises Ltd reserves the right to change the Web Site, its Content or these Terms and Conditions at any time.
Thomas Enterprises Ltd reserves the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions that are in force at the time that you order goods from Thomas Enterprises Ltd unless:
• any change to these terms and conditions is required to be made by law or governmental authority, in which case the changes may apply to orders previously placed by you; or
• Thomas Enterprises Ltd notifies you of any changes to these terms and conditions before it accepts your order, in which case Thomas Enterprises Ltd has the right to assume that you have accepted the change to the terms and conditions unless you notify Thomas Enterprises Ltd to the contrary within seven (7) working days of receipt by you of the goods.
19 Availability of the Web Site
The Service is provided as is and on an as available basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Thomas Enterprises Ltd accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
Warranty and limitation of our liability
If Thomas Enterprises fails to comply with these terms and conditions, Thomas Enterprises shall only be liable to you for the purchase price of the goods.
Thomas Enterprises Ltd will not be liable for losses that result from its failure to comply with these terms and conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
Nothing in these terms and conditions is intended to exclude or limit Thomas Enterprises Ltd liability for:
(a) death or personal injury caused by Thomas Enterprises Ltd negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
(d) defective products under the Consumer Protection Act 1987;
(e) any other matter for which it would be illegal for Thomas Enterprises Ltd to exclude or attempt to exclude its liability.
Whilst Thomas Enterprises Ltd adopts industry standard protections against computer viruses, it is not able to warrant that this website is free from computer viruses or any other malicious or impairing computer program.
Nothing in these terms and conditions is intended to affect your statutory rights.
Events outside our control
Thomas Enterprises Ltd will not be liable or responsible for any failure to perform, or delay in performance of any of its obligations to you that is caused by events outside Thomas Enterprises Ltd's reasonable control (a "Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Thomas Enterprises Ltd's reasonable control and includes (without limitation) the following:
(a) Strikes, lock-outs or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks; or
(f) The acts, decrees, legislation, regulations or restrictions of any government.
In the event of a Force Majeure Event, Thomas Enterprises Ltd's performance is deemed to be suspended for the period that the Force Majeure Event continues, and Thomas Enterprises Ltd will have an extension of time for performance for the duration of that period. Thomas Enterprises Ltd will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations to you may be performed despite the Force Majeure Event.
SAFETY WARNING
Whereas manufacturers and distributors try their best to provide safety warnings for young children / vulnerable people, whilst the product / packaging is in your care, YOU are liable for keeping all necessary parties safe in the use of the product and the disposal of any packaging. Thomas Enterprises Ltd, the manufacturers and distributors are not to be held responsible for the safety of those exposed to the product and or packaging.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Notices
Written communications
Applicable laws require that some of the information or communications Thomas Enterprises Ltd sends to you should be in writing. By accessing the Website, you accept that communication with Thomas Enterprises Ltd will be primarily electronic through e-mail or notices posted on the Website. For contractual purposes, by accessing the Website you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Thomas Enterprises Ltd provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to customerservices@homeandgiftcentre.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Complaints
Thomas Enterprises Ltd takes all feedback very seriously and aims to deal with complaints as quickly and effectively as possible.
For complaints relating to orders placed through the Website please email customer services. To assist Thomas Enterprises Ltd in dealing with your complaint, please detail all aspects of the complaint, your order number and your contact details.
Law and Jurisdiction
These terms and conditions and the relationship between you and Thomas Enterprises Ltd shall be governed by and construed in accordance with the Law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction over all claims or disputes (whether contractual or non-contractual) arising in relation to, out of or in connection with these terms and conditions including orders for goods.