T&C's, Cookies & Privacy
ihug are fully committed to giving a level of customer service that meets with, if not exceeds all of your expectations and we will always endeavour to achieve this. If you have any queries or need further assistance then please contact our dedicated Customer Services team who will be happy to help.
Please read these Terms and Conditions carefully as they set out the terms under which ihugpersonalised.co.uk (the "Website") sells and otherwise makes products available to you ("Terms and Conditions"). ihug Personalised is a trading name of ihug Ltd.
This Website is owned by ihug Ltd a company registered in England and Wales (company registration No 739165) whose registered offices are at 249 Cranbrook Road, Ilford, Essex, IG1 4TG. ("we" and "us"; and "our" shall be construed accordingly). Our VAT number is 113830054. By purchasing products available on this Website, you as the customer will transact with us.
These Terms and Conditions should be read alongside, and are in addition to, our privacy policy ("Privacy Policy") and our Terms of Use ("Terms of Use") and constitute the entire agreement in respect of the use of the website and the items and services offered via the website. We may vary these terms and conditions from time to time without notice and you should therefore check them each time you intend to use the website. You will be subject to the policies and terms and conditions in force at the time that you order any products from us.
If any of these terms and conditions are found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. No waiver by us of any term shall be deemed to be continuing or shall be deemed to be a waiver of any other term.
These terms and conditions will be interpreted and construed in accordance with the laws of England and Wales and will be subject to the non-exclusive jurisdiction of the English Courts.
By using this Website, you agree that you have read, understood and agree to these Terms and Conditions, the Privacy Policy and the Terms of Use in their entirety (including points as amended from time to time). If you do not agree to these Terms and Conditions, you should not use this Website.
Service Availability & Access
While we endeavour to ensure that this Website is available 24 hours a day access is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the website without notice. Therefore, we will not be liable if for any reason this Website is unavailable at any time or for any period, although apologise if this may cause any inconvenience.
Prices
The prices payable for the items that you order are clearly set out on this Website. All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
Where we charge separately for packing, carriage, insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website. Prices can change and we always bring you the latest prices as quickly as possible.
Availability
If for any reason beyond our reasonable control, we are unable to supply a particular product, colour or size, we will notify you as soon as possible. We will contact you to confirm that you are happy to proceed with the order and agree to wait for the original product(s) or would like to select an alternative product.
Contract
There will be no contract of any kind between you and us until payment for your goods is authorised by your bank or credit card issuer. At any point up until then, we may decline to supply the goods to you without giving any reason. We cannot sell alcoholic products to anyone under 18 years of age. By placing an order you confirm that both you and the person the order is to be delivered to, are aged 18 years or over. At the moment that payment for the goods is authorised (and not before) a contract will be made between you and us ("Contract"). Authority for payment must be given at the time of the order. If for any reason the goods cannot be supplied then payment will be refunded in full within 30 days from cancellation of the sale in compliance with relevant distance selling legislation.
Delivery
Customers may select the day of delivery up to 12 months in advance. All orders will be delivered by Royal Mail (or other commercial carrier at our discretion).
We will deliver the Products ordered by you, to the indicated address you have provided at the time you make your order.
If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which have not been received.
You may specify a delivery address which is different from your billing address, if, for example, you would like us to deliver the Products directly to a friend, relative, or place of work.
Please note: We do not currently deliver outside of the UK. We will always endeavour to ensure that Delivery will be made as soon as possible and usually within 7 days of receipt of your order. Our normal working hours are Monday to Friday 9am - 5.30pm and we only process and dispatch orders during these times. All delivery and dispatch timescales quoted on the website do not include Weekends or Bank Holidays.
Whilst we make every effort to deliver goods on the day we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside of this timescale. This also applies to products sent direct from our manufacturers. We cannot accept liability for any out of pocket expenses or other costs incurred due to failed or delayed deliveries.
Some postal addresses in Northern Ireland, some offshore islands and some remote areas of Great Britain may not be covered by our normal delivery services and therefore we may have to contact you to advise you of any additional postal charges.
If you do not receive Products ordered within 28 days of the date on which you ordered them, we shall have no liability to you unless you notify us by email at info@ihugpersonalised.co.uk of the problem within 40 days of the original order date.
The majority of our products are despatched 1st Class Royal Mail. In line with Royal Mail’s recommendations, please allow 1-3 working days after dispatch for delivery. If you have not received your items, you must check with your local sorting office even if you have not received notification from your Postman that they are holding items for you.
In the event that we produce an item specifically for you and subsequently the original is returned as undelivered, we reserve the right to charge an administrative fee of up to 100% of the sales price of the product. We reserve the right to wait up to 10 working days from the date of despatch before taking further action regarding an undelivered item.
Next Day Delivery
Next day delivery is available Monday to Friday, (except Bank Holidays) for products where stated.
Next Day Delivery to Northern Ireland, Overseas UK addresses and Northern Scotland may take up to 48 hours.
(1) From Monday to Friday, orders must be placed by the specified cut off period to ensure delivery the next day, any orders placed after the specified time will be dispatched the following working day.
(2) Orders placed on a Friday before the specified last order time will be delivered on the following Monday.
(3) Orders placed on a Saturday/Sunday will be delivered on the following Tuesday.
(4) We/our carriers cannot deliver on a Bank Holiday. In this instance please expect your delivery on the next working day.
(5) Our carriers will normally deliver your parcel between 9am and 5pm but certain carriers may deliver outside of these hours; unfortunately we cannot provide a more specific delivery time than this.
(6) A signature may be required on receipt.
(7) We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed delivery.
Please note: We will not be held liable for any late deliveries if delays occur by causes beyond our reasonable control including, without limitation:-
(a) Fire
(b) Severe weather conditions
(c) Industrial dispute
(d) Strike or labour disputes
Order Cancellations
Please note: In order to provide a fast, efficient service some products are immediately sent for production. Please carefully check your order on screen and the subsequent confirmation email, as we cannot refund products which have spelling or any other user mistakes. Items which have been made, personalised or customised specifically by you cannot be changed or cancelled once your gift has been produced.
We reserve the right to cancel your order at any time and issue a full refund. The provisions of this clause do not affect your statutory rights.
Returns
We are unable to accept returns, or provide refunds, in respect of personalised products, unless the product is defective or we are otherwise in breach of our agreement with you and are obliged to do so.
To obtain a refund you must return the product(s) to us in the same condition in which you received it/them. We reserve the right to see photographic evidence of the packaging and product to show the condition in which the product(s) were received. We will examine the returned product(s) and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the reasonable cost incurred by you in sending the item to us. The item is your responsibility until it reaches us. For your own protection, we recommend that you send the parcel back to us using a delivery service that insures you for the value of the goods as we cannot be held responsible for items damaged or lost in transit.
We will usually refund any money received from you using the same payment method originally used.
The returns address is Ihugpersonalised Ltd, The Essex Barn, Reeds Farm Industrial Etsate, Chelmsford, Essex, CM1 3ST
Faulty goods / Breakages
Please be assured that we take our quality control seriously, however if for any reason the item you've received is faulty, please contact our customer care team quoting your order number, name, address and details of the product info@ihugpersonalised.co.uk. We will then advise you further how to proceed. If the item is faulty or broken, we will require either a photo emailed to us, or it's return it to us within 30 days of receipt. Replacement items cannot be provided if the fault is as a result of misuse.
Colour & Product Description
We try to ensure that all of the items shown on the website are accurately represented however description(s), picture(s), slight variations in colour, typefaces and layout may be experienced and may from time to time vary to the actual product provided and, for the avoidance of doubt, shall not form part of any contract with us. The colour of the product you receive may not match the colour as displayed by our website on your computer monitor. Please be aware that if colour is important to you, your order is placed at your own risk.
Clothing
When returning faulty items of clothing, please ensure that they have not been worn and that therefore you are not wearing perfume, aftershave or a deodorant which may leave a scent or marks on the item. We will be unable to accept the return of any item where there is evidence that these instructions have not been followed. The item must be returned with its original packaging.
Photo Upload
In using the Photo Upload facility on the website, you agree not to upload or print any images that will cause distress or offence to any person. It is your responsibility to ensure that express permission for any images you use has been granted by the owner of any image. ihug Ltd reserve the right to refuse to process any order that may cause offence or distress to others. ihug Ltd will not be held responsible for any copyright infringement by the customer.
License
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non- commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without obtaining specific written permission from us.
Privacy and Security Policy
We are fully committed to protecting your privacy. We will only use the information that we collect about you in accordance with the Data Protection Act 1998. We are listed in the Register of data Controllers under the number No Z2696565. This list can be accessed through the website www.dpr.gov.uk. You can check the information that we hold about you by logging on to our website and checking your Account. You may update your personal information online.
What we will do with your contact information:
In order to provide the Services and Products available through the Website, we will hold certain personal information relating to you.
We will not sell or pass your name, address or email address to any third party except as part of the operation of the Website and/or the provision of the Services and Products to you or where we are legally obliged to by UK Government authorities. We reserve the right to use this information to send you email newsletters keeping you informed of new products and seasonal offers or invite you to events that may be of interest to you. In addition you may opt to receive email reminders as part of the Year Ahead Planner facility.
By providing personal information, you agree to us using this information for the operation of the Website and the provision of the Services and the Products to you.
Where you provide information about other people (for example their name, date of birth or address) you also confirm that you have the consent of these people to provide us with that information.
The accuracy of your personal information is dependent upon the accuracy of the information that you provide us with. We will not verify personal information other than that which is provided for payment or account purposes and we shall not be responsible for errors or problems that arise as a result of inaccurate information submitted by you.
Opt out
When you register on the site you will be given the opportunity to opt out of receiving any communication from us other than that required to process your registration or subsequent orders. At any point you can change this preference in your account details.
Email Reminders
In order to receive email reminders from ihugpersonalised you must not have opted out to receive communications from us. If at any point you do decide to opt out we will not be able to send you any more reminders.
Cookies
In order to improve the service offered to you, technology may be used to track the patterns of behaviour of visitors to the site and to help personalise the content displayed to each user, therefore improving efficiency and user experience. This can include using a "cookie" which would be stored on your browser. Most web browsers allow users to control most cookies through their browser settings. More information about cookies, including details on viewing what cookies have been set and how to delete them, is available at allaboutcookies.org
Encryption of personal Information
The Website uses Secure Socket Layers (SSL), the most advanced ecommerce security system available. All of the personal information you enter, including your name, address, and the contents of your address book, is encrypted by secure server software before it is safely transmitted across the internet. Our Customer Service staff will have access to this information.
Encryption of passwords for your safety
We appreciate that many people use the same password for all their internet accounts and therefore this information is very sensitive. For this reason your password remains encrypted and we do not have access to it. If you have forgotten your password we can send you a new temporary password. Once received you are then able to access your account and change the password to something which you will remember.
Payment & Security
You can pay using Visa, MasterCard, Maestro, Switch and Visa Delta card or your Paypal account. Your payment card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order. It may be necessary to re-confirm your security number for data protection reasons. Payment will be taken for out of stock product(s) to secure stock, only if you are happy to proceed with the order and agree to wait for the product(s). Payments for products will be itemised on your bank statements as showing payment to ihug Ltd.
Your card details are transferred directly Barclays Bank PLC our Payment Service Provider for immediate authorisation and are not recorded or stored in our database. Once we have received authorisation from the Payment Service Provider we will confirm your order by email.
Liability
To the fullest extent permitted by applicable law, our liability to you in respect of an order shall be limited to the value of that order, and we shall not be liable to you for any indirect, consequential, special or punitive loss, harm or damage (including economic loss, loss of profit, loss of revenue, loss of business, wasted expenditure or depletion of goodwill) whatsoever or howsoever caused, including, without limitation, as a result of our negligence. For the avoidance of doubt, nothing in these terms and conditions excludes our liability in respect of death or personal injury caused by our negligence; under section 2(3) of the Consumer Protection Act 1987; or for fraud or fraudulent misrepresentation.
We use Internet standard encryption technology to protect your data when you transmit it to us. When you use your credit card, all your data is encrypted and held on a Secure Socket Layer (SSL) server. We are constantly updating our technology to provide you with the maximum practicable level of security. To check that you are in a secure area of our Website look at the bottom right of your internet browser and you will see a closed padlock or an unbroken key.If using a public computer or terminal, always close the browser when you complete an online session.
We will never ask you to confirm any account or credit card details via email and if you receive an email, claiming to be from ihugpersonalised or any other ihugcompany asking you to do so then please ignore it, do not respond and please inform our Customer Service Department immediately.
Except as expressly set out in these Terms and Conditions, all implied warranties and representations (whether implied by statute, custom, common law or otherwise) are excluded to the fullest extent permitted by law.
Written Communication
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
General
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
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 events outside our reasonable control ("Force Majeure Event"). Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
No failure or delay by us to exercise any right or remedy provided under a Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. You and we both acknowledge that, in entering into any Contract, you and we have not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Terms and Conditions (and any document expressly referred to herein). Nothing in this clause shall limit or exclude any liability for fraud.
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts. If any of these Terms and Conditions are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law. Only you and we shall be permitted to enforce these Terms and Conditions.
Terms of Use
You agree not to upload, email to us or print any images or other copyrighted material without the express permission of the owner. Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to a perpetual, worldwide, non-exclusive right to copy, disclose, distribute, incorporate, modify, make derivative works of and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
You are prohibited from posting or transmitting to or from this Website any material:
(1) - that is threatening, defamatory, pornographic, indecent, obscene, seditious, offensive, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.
(2) - for which you have not obtained all necessary licences and/or approvals.
(3) - which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world.
(4) - which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious programmes or software or harmful data).
You may not misuse the Website (including, without limitation, by hacking).
We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the clauses of above.
Intellectual Property
All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that is contained on the website is protected by our or third party copyrights, trademarks, service marks, patents or other proprietary rights and laws.
You are not permitted, except where expressly authorised to do so, to change, copy, store, publish, rent, licence, sell or distribute in any way any of these intellectual property rights.
Liability
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to
viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977) (ii) fraud (iii) misrepresentation as to a fundamental matter or (iv) any liability which cannot be excluded or limited under applicable law.
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
We provide the content on this Website in good faith but give no warranty or representation that the content is accurate, complete or up-to-date, nor that this Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of content on this Website and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on this Website, we cannot accept any liability for them.
Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be uninterrupted or error free and disclaim all liability in respect thereof.
This Website may contain links to other websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Website, or any use of personal data by such third party.
Any claim arising out of or related to use of this Website must be filed within 1 year from the date on which the claim or cause of action was discovered or reasonably could have been discovered, failing which such claim or cause of action shall be forever barred.
Amendments to these Terms of Use
We may update or amend these Terms of Use from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on this Website. By continuing to use this Website, you agree to be bound by the terms of these updates and amendments. If you do not wish to accept any new terms of use after we have given notice you should not continue to use this website.
These Terms of Use were last updated on 1st June 2012.
Other Important terms:
If any of these Terms of Use are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms of Use shall remain in full force and effect.
Only you and we shall be entitled to enforce these Terms of Use. No third party shall be entitled to enforce any of these Terms of Use, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise. These Terms of Use set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
These Terms of Use are governed by English law. In the event of any matter or dispute arising out of or in connection with these Terms of Use, you and we shall submit to the exclusive jurisdiction of the English courts.
You can email us at: info@ihugpersonalised.co.uk Or alternatively call us on 0845 601 4011