Within these terms and conditions the following terms will be referred to: Seller meaning Five of Hearts Magic, 30 Lowgate, Gosberton, Spalding, Lincolnshire, PE11 4NL, UK and the company's web site which is www.fiveofheartsmagic.co.uk.
Customer means the person or company to whom this document is addressed.
International Customer shall mean, Customer from outside the United Kingdom.
These terms and conditions are applicable to the supply of products made by the Seller, hereafter referred as Five of Hearts Magic, to the buyer hereafter referred as the Customer.
Five of Hearts Magic and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics, or the products found on this website, published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Five of Hearts Magic and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Five of Hearts Magic and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from this server.
The documents and related graphics published on this server could include inaccuracies or typographical errors. Changes are periodically added to the information herein. Five of Hearts Magic and/or its respective suppliers may make improvements and/or changes in the product(s) described herein at any time.
2.1 All prices are quoted in pounds sterling (£).
2.2 All prices are exclusive of postage and packing, unless otherwise stated. Postage charges are sown at the check-out stage of the order and will be added to the order total. If you are placing your order by post, then charges can be viewed by clicking here. If placing your order by telephone, you will be informed of the postage charges at the time of order. Postage charges are the same no matter how you place your order, however they vary depending on delivery address.
3.1 Payments must be made in pounds sterling (£) only, unless otherwise specified, and by one of the following payment methods (except International Customers see clause 11 )
· Credit card (click here for cards accepted)
Payment methods marked with an asterisk (*) only apply to orders made by post, and not online through our website (www.fiveofheartsmagic.co.uk).
4. PASSING OF PROPERTY
Five of Hearts Magic shall retain the property of the goods until full payment has been made by the customer and has been received by Five of Hearts Magic either directly from the customer or from the customer's bank.
5. PASSING OF RISK
The risk in the goods shall pass to the Customer on delivery, as defined in clause 6.3 below.
6.1.1 DELIVERY DATE
Any date or period for delivery shall be considered as indicative only. It is our policy to try to despatch all orders within 7 (seven) days of receipt, and with 90% of orders being despatched the same day, we keep to our policy.
Each item has an estimate despatch time (details can be found on the products information page). This is the average length of time that it takes us to despatch the order. In addition to this, each order has an average 'delivery' time, which is the time it takes Royal Mail, or our chosen courier, to deliver the item. Details of the estimated delivery time are given when you check out. If the total delivery time for the order exceeds 30 days, it is our policy to contact the customer and inform them of this. If your order will not be received within 30 days you are given the choice to cancel your order for a full refund.
Five of Hearts Magic, cannot be held responsible for delays in the delivery caused by the manufacturer, courier, or any other third party.
6.1.2 DELIVERY DATE FOR GUARANTEED ORDERS
Orders placed using guaranteed delivery, have a slightly different policy. If the order fails to reach you within the guaranteed time (whether it be a problem with the despatch or delivery), you are given the option for a full refund (in which case the order must be returned), or a refund on the postage (where the order may be retained).
6.1.3 DELIVERY DATE FOR ORDERS WITH OUT-OF-STOCK ITEMS
If any products in your order are not available at the time of order, you will be contacted with details of the items, and when they are expected to arrive in stock. You are then given the choice of: 'removing' the items, and having the rest of the order despatched immediately; 'pausing' the items, having the rest of the order despatched immediately, and then the out-of-stock items delivered when they arrive back in stock (this option incurs extra postage); thirdly waiting for the out-of-stock items to return in-stock, and then having the whole order despatched as one; or fourthly, canceling the whole order. At busy times of year, where order deadlines are in place (at Christmas, or Halloween for example) where we have been unable to contact you about the problem, then as agreed before hand, we will either despatch the order with a suitable replacement, or send the remainder of the order without the out-of-stock items. The policy in 6.1.1 still applies.
Most orders are sent through Royal Mail (which may involve Parcel Force). Unless otherwise specified, all products are shipped by either First Class, Parcel Post, Special Delivery, International Standard or International DataPost. Special Delivery (next day) orders must be signed for.
Some larger orders, or orders with guaranteed services, may be sent via a different courier.
The Customer must request any other delivery method they may require at the time of the order, and if we agree that this is a suitable method of delivery, goods will be shipped under Customer's responsibility as defined in clause 6.3.
6.3 PASSING OF RISK
6.3.1 Where a customer has opted for a Guaranteed Delivery option, the customer bears the risk of the goods once they have been signed for. If the customer has opted for Standard Delivery, the customer bears the risk of the goods as soon as they have left the Five of Hearts Magic premises.
6.3.2 When an order is returned to Five of Hearts Magic, the customer bears the risk of the goods, and is held responsible for them until they are received by Five of Hearts Magic.
The customer is given a 7 day 'cooling off' period where they may decide whether to accept or decline to goods ordered. The Customer shall inspect the goods within 7 days of receipt and shall be deemed to have accepted the goods unless the customer has contact us (as stated in clause 8.2 below) to state that the goods are being 'declined'. If the goods are not accepted within the 7 day period, the customer is given the right to return the goods for a refund. If no such action has been taken, Five of Hearts Magic shall consider the products being as described, of satisfactory quality and fit for their purposes, and may not accept any reject at a later date. After this 7 day 'cooling off' period a customer may only return goods as described in clause 8.4 below.
8. RETURNS PROCEDURE
8.1 If the goods are to be rejected in the time limit set in clause 7 above, the Customer shall comply with the return procedure as defined in clause 8.2, below. Five of Hearts Magic will not accept any returned goods should the return not follow the aforementioned return procedure.
8.2 If a customer decides that they wish to return their order within 7 days of receipt, they must contact Five of Hearts Magic Customer Services in one of the following ways: by telephone on 01775 840103 (International: +44 1775 840103); by e-mail at firstname.lastname@example.org; or by post to Five of Hearts Magic, Returns Department, 30 Low Gate, Gosberton, Spalding, Lincolnshire, PE11 4NL, United Kingdom - informing a member of staff of the return. You will be reminded of your order number (should the need be). This number should be clearly quoted on the returned package, and the package must be returned within a further 10 days of contacting Five of Hearts Magic to the following address: Five of Hearts Magic, Returns Department, 30 Low Gate, Gosberton, Spalding, Lincolnshire, PE11 4NL, United Kingdom. Goods must be returned in their original packaging, and in an unused condition, the customer is responsible for the goods until they are received by Five of Hearts Magic as defined in clause 6.3.2 above. The customer must pay for the postage to return the order, and the original postage charge will not be refunded. A refund for the cost of the goods, or a replacement will be issued to the customer once the goods have been received and checked by a member of staff to ensure that they have not been used. Due to the nature of our business particular scrutiny will be used in connection with this aspect of our returns policy. If there is a discrepancy over the returned goods, Five of Hearts Magic must contact the customer within 7 days of receipt to discuss this.
8.3 In cases where the rejection of the goods is due to a fault or defect or an error in the order (for example, the incorrect items have been sent), the Customer is entitled to a full refund or replacement (postage charges will also be refunded). The faulty or damaged product must be returned to Five of Hearts Magic before the refund or replacement can be issued. The customer is given up to 30 days after receipt of the order to return the goods to Five of Hearts Magic, however they must still comply to the Acceptance procedure in clause 7, and contact Five of Hearts Magic within 7 days of receipt to inform of the return.
8.4 In cases where the rejection is made after the 7 day 'cooling off' period, the Customer is entitled to an exchange or credit note (less postage) only. Goods must be returned to Five of Hearts Magic before the exchange or credit note can be issued. A customer may return an order for an exchange/credit note up to 30 days of receipt. After this 30 day time period the order may not be returned. This does not affect the customers statutory rights. Goods should be returned as described above in clause 8.2, and must be unused and in their original condition.
8.5 Orders for Custom Printed Balloons are excluded from the returns procedure, and the customer may not return these goods after they have been received unless a default is found with the goods.
9.1 Cancellations are only accepted if the Customer complies with the following cancellation procedure and before the order has been despatched. If the order has been despatched prior to the cancellation, then in accordance with the Consumer Protection (Distance Selling) Regulations 2000, it is still possible to cancel your order as described in the returns procedure as defined in clause 8 above. If the procedure is not respected, the order will be considered valid and the Customer will remain liable for the full payment.
9.2 Cancellations can be made with Five of Hearts Magic sales line on +44 (0)1522 567887. A member of staff at Five of Hearts Magic will confirm the cancellation, we recommend that you make a note of the staff member's name. If the cancellation is successfully made before despatch, we will totally cancel your order and there will be no charge whatsoever.
9.3 Orders for Custom Printed Balloons are excluded from the cancellation procedure, and the customer may not cancel the order after it has been placed.
10. LICENSE AGREEMENT
The Customer shall respect all license agreements delivered by the copyright owners. Five of Hearts Magic cannot be held responsible or liable for any misuses conducted by the Customer or any third party.
11. INTERNATIONAL CUSTOMER
Customers from outside the UK can only pay by International credit card and must pay in pound sterling unless otherwise specified. Most credit card company's allow international credit card payment in pound sterling. All other terms and conditions apply.
These terms and conditions are governed and shall be interpreted in accordance with all United Kingdom and Great British laws.
The content of this website is protected by copyright. Please see our seperate Copyright Notice for further information.
14. BUSINESS ADDRESS
Five of Hearts Magic
30 Low Gate
Telephone: +44 (0)1775 840103
These terms and conditions comply with the Consumer Protection (Distance Selling) Regulations 2000, and do not affect your statutory customer rights.