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Terms and Conditions
By placing an order with Unique Hampers & Gifts Limited (trading as Christmas2u) you are agreeing to abide by these terms and conditions (“Terms and Conditions”). Please read through these carefully before placing an Order and maintain a copy for future reference.
1 General
1.0 We reserve the right to change these Terms and Conditions at any time. Any changes that we choose to make will be updated on our websites www.christmas2u.ie and www.christmas2u.club (“the Website”) and your trading with us will signify your acceptance of these terms.
1.1 In these Terms, unless the context otherwise requires, the following words and expressions shall have the following meanings:–
Agent Means any person placing Orders on behalf of their client(s) directly with the Supplier;
Agent Client Means a client of an ‘Agent’ who makes payments to the Agent for Orders which the Agent places directly with the Supplier for the client;
Business Day: a day other than a Saturday, Sunday or public holiday in Ireland, when banks in Ireland are open for business;
Catalogue Means thecatalogue containing products available to purchase from the Supplier;
Customer Means any personplacing Orders for themselves directly with the Supplier;
Customer Service Team Means the customer service team of the Supplier contactable as
follows:
By email: [email protected]
Phone: 0818 365 222
Address McKee Ave, Finglas, Dublin 11
Goods: the goods or products (or any part of them) set out in the Order;
Order: the order for the Goods, as set out in theSupplier’s purchase order form;
Rewards/Discounts: Means the amount payable by the Supplier to an Agent or Customer
based on Orders paid detailed under clause 7 below;
Supplier: Unique Hampers & Gifts Limited
Website means: www.christmas2u.ie amd www.christmas2u.club
1.2 The Supplier does not employ, appoint or nominate any Agent. All Agents are appointed by the Agent Client to act on their behalf. The Agent is not authorised to act on behalf of or in the name of the Supplier and nothing in these Terms and Conditions shall give the Agent authority to act as the agent of or on behalf of the Supplier or to bind the Supplier or to hold itself out as being entitled to do so and the Supplier shall not be responsible for any actions, omissions or conduct of the Agent.
1.3 Onward or business sale of One4All gift cards by customers is strictly prohibited.
2.0 Order Process
2.1 Orders should be made on the order form provided on the Website. Additional orders can be made by telephone, email, webshop or on a supplementary order form.
2.2 The contract between the Supplier and the Customer is concluded on the issuing by the Supplier of the Order confirmation issued on the acceptance of the Order. The contract commences between the Customer and the Supplier on receipt of the first payment by the Customer. The first payment must be paid with the Order to secure same. After this date the minimum payment amount in line with the amounts listed in condition 3.9 must be paid in order to secure the Order.
2.3 If an Order is placed through an Agent, once the Supplier has received and accepted the Order, the Supplier will send the Agent confirmation of the Order and a personalised payment card for the Agent to record the payments the Agent Clients make to the Agent. The first payment must be paid with the Order to secure same. After this date the minimum payment amount in line with the amounts listed in condition 3.9 must be paid in order to secure the Order.
2.4 The Supplier reserves the right to cancel any Order where the first payment is not made with the Order or within 30 days of the Supplier processing the Order, or if the total contract price is not received by the Supplier by the end of October of the given year in which the Order is made.
2.5 The Order will not be accepted without clear and confirmed contact details.
2.6 Where the Order relates to:
a) the sale of knives or bladed items, the Customer or Agent must confirm that the Customer and/or the intended recipient of the Order are over the age of 16;
b) the sale of classified computer games, the Customer or the Agent must confirm that the
Customer and the intended recipient of the Order are over the age as classified by the item;
or
c) the sale of alcohol, the Customer or Agent must confirm that the Customer and the intended recipient of the Order are over the age of 18.
2.7 The Supplier will try to ensure that all quoted prices and product descriptions are accurately described in the Catalogue. Orders will only be accepted if there are no material errors in the descriptions or price of goods displayed in the Catalogue. If the Supplier discovers an error in the description or price of goods which the Customer or the Agent has have ordered, the Supplier will contact the Customer or Agent and give the Customer or Agent the option to cancel the Order. If the Supplier is unable to contact the Customer or the Agent the Order will be cancelled.
2.8 Orders can be placed up to the end of June in each year. After that date, all requests will be dealt with on a case by case basis with our Customer Services Team. Stock is subject to availability. As per condition 3.9, of these Terms and Conditions specific payments must be made before the Order is secured where an Order is placed after June.
2.9 All prices on the Catalogue are correct at the time of printing. In the event, however, of
circumstances beyond our control (eg VAT, excise duty, inflation, currency fluctuations and
commodity price changes) the price may have to be altered up or down. Any such change in price will normally be notified to the Customer or the Agent before the goods are sent by a price correction list sent on a statement sent to the Customer or the Agent by our Customer Services Team. We reserve the right to adjust prices at any time up to the date the Order is delivered.
2.10 It is the responsibility of the Customer and the Agent to keep the Supplier updated in relation to contact details including any name, address and telephone number changes. The Supplier reserves the right to cancel any order if the Supplier does do not have up to date contact details for the Customer or the Agent.
2.11 The Agent must check that the names, addresses, eircode and Order details on all
documentation that the Supplier provides is correct. The Agent should keep the payment card safe.
3.0 Payments
3.1 Payments shall be made by the Customer or by the Agent to the Supplier on a weekly basis throughout the year and completed no later than the 1st November in each calendar year. All weekly prices in the Catalogue reflect a 45 week payment period. If the Customer or the Agent places an Order after June, the initial payment required by the Supplier will be increased so that the number of weeks remaining to the end of the payment period coincide with the 45 week payment period.
Payments must be recorded by the Customer.
The Agent must keep the payment card updated at all times.
3.2 The Agent is solely responsible for all monies collected from the Agent Client and for forwarding them to the Supplier.
3.3 It is the responsibility of the Agent to distribute the Agent Client copy payment cards to the Agent Client so that the payment card can be used as proof of purchase.
3.4 Payments should be lodged by the Customer or the Agent once a week using a Payzone Card where the Payzone logo is visible. This method of payment is secure. Receipts should be retained to check payments against statements issued by the Supplier. Due to rising bank charges, the Supplier insists on a minimum lodgement amount of €20 per transaction, otherwise an administration fee of €2 should apply.
3.5 Payment can also be made by cheque or postal order however payment for One4All gift cards cannot be made by cheque or postal order. Make any cheques or postal order payable to Unique Hampers & Gifts Ltd. The name of the Customer or the Agent number if applicable, along with the Order number should be written on the back of cheque or postal order. The Supplier does not accept responsibility for money lost in transit while being sent by post, registered or not. Payment can also be made by electronic funds transfer to the Supplier’s AIB account. Please refer to the Customer Services Team for bank details of the Supplier if required, ensuring as always to include a name & agent number (if applicable) on all payments.
3.6 The Supplier reserves the right to offset payments due against any reward/discount due to the Agent or Customer. The Supplier will endeavour to advise the Agent or Customer of this in advance. Rewards/discounts earned on Goods which are returned for any reason will be deducted from any future earnings or Orders. If the account with the Supplier is not paid in full by the final payment date of 1st November, the Supplier will automatically deduct the remaining balance from the commission rewards/discounts. Reward payments are made where the reward is more than €50. Rewards under this value will automatically be applied as a discount on account for the year following.
3.7 The Supplier reserves the option to cancel any Order if payments are more than 5 weeks in arrears or if the final payment date has passed. This clause is subject to normal cancellation criteria.
3.8 Orders may be cancelled or amended by the Customer or the Agent up until 30th April. After this date amendments may be accepted on a case by case basis. For all Orders cancelled before this date, an administration charge of €30 will apply where a refund is required. For Orders cancelled after this date, a charge of €30 per item will apply up to the value of €150 with an additional charge of €50 per item up to €300. Cancellation charges are at management discretion for Orders above €301.
3.9 Actual weekly payments depend on Order date. In all cases, the total price listed in the Catalogue must be received by the Suppler no later than 1st November. It is the Agent’s responsibility to calculate the Agent Client’s payment amounts and to ensure that the Agent Client’s accounts are kept up to date. Within this time period the following payment dates must be adhered to:
1st March – A minimum of 20% of the value of the Order must be paid by this date or orders may be cancelled at the discretion of the Supplier. The cancellation criteria will apply as detailed in clause 3.8.
1st May – A minimum of 40% of the value of the Order must be paid by this date or orders may be cancelled at the discretion of the Supplier. The cancellation criteria will apply as detailed in clause 3.8
1st July – A minimum of 60% of the value of the Order must be paid by this date or orders may be cancelled at the discretion of the Supplier. The cancellation criteria will apply as detailed in clause 3.8.
1st September – A minimum of 80% of the value of the Order must be paid by this date or orders may be cancelled at the discretion of the Supplier. The cancellation criteria will apply as detailed in clause 3.8.
1st November – 100% of the value of the Order must be paid by this date or orders may be
cancelled at the discretion of the Supplier. The cancellation criteria will apply as detailed in clause 3.8.
Goods delivered during the year are only supplied strictly in adherence to the above payment termsand if they are paid in full.
3.10 Payments do not secure the purchase of Goods unless payment has been made in full. If the account is not up to date the Supplier reserves the right to cancel Goods / Orders at the discretion of the Supplier. In all cases, the Supplier will cancel voucher orders first.
3.11 In the event of payments not being received in line with expected payment dates, the Supplier reserves the right to contact Agent Clients directly as necessary. The Supplier will take appropriate steps to notify the Agent of this in advance.
4.0 Delivery
4.1 Delivery can only be made to the Republic of Ireland. All goods must be signed for by an adult of 18 years or over on delivery.
4.2 Delivery charges are included in the prices stated in the catalogue.
4.3 Risk of loss and damage of Goods passes to the Customer or Agent on the date when the Goods contained in the Order are delivered to the address provided by the Customer or Agent.
4.4 If, on receipt of a delivery, the contents are damaged, please contact our customer service team within 48 hours with pictures and we will advise you on what to do.
4.5 Deliveries commence in November and all Goods will be delivered to the address provided by the Customer and the Agent in time for Christmas, subject to full payment being received. If payments are not made in full by the 1st November, the Supplier may be forced to re–schedule delivery. In this unfortunate event, the Customer or the Agent will incur late delivery charges up to €50, or €5 per item, whichever is greater.
4.6 Delivery of alcohol can only be made to and signed for by persons over the age of 18. Proof of age may be requested on delivery of alcohol.
4.7 If required, delivery may be arranged to a name and address specified in writing by the Customer or the Agent and this will incur an additional charge. Minimum €10 charge per item.
4.8 The Agent must deliver all Goods to the Agent Client within 7 days. Customers and Agents are encouraged to check all Goods received in a timely fashion. Damage must be reported within 14 days of delivery.
5.0 Product
5.1 In cases where the product specification set out in the Catalogue from the manufacturer changes, or where the product advertised in the Catalogue is no longer available, the Supplier will offer the Customer or the Agent a substitute of the same or better quality at the same price. Wherever possible, the Supplier will notify the Customer or the Agent of this substitution in advance.
5.2 All sizes and measurements are approximate.
5.3 The Supplier has selected the products in the Catalogue on the basis that they will be used for domestic use only and the Supplier will not be liable for any loss from the commercial use of such products.
5.4 Due to ongoing product improvements and enhancements it may be possible that the item supplied may differ from that illustrated in the Catalogue. In such circumstances the Supplier will endeavour to ensure that the product supplied is of equal or greater standard than the original.
5.5 All frozen goods must be transferred to a freezer immediately on delivery. Frozen hampers are delivered in insulated packaging. The Supplier accepts no responsibility for damage incurred to frozen items due to delays in transfer.
6.0 Returns
6.1 The Supplier wants the Customer and the Agent to be totally satisfied with the purchases. If, for any reason, the Customer and the Agent are unhappy, returns will only be accepted if the item is returned to us, unused, unopened, in its original packaging and with any tags still attached, within 14 days of receipt of your order. After this time returns will not be accepted.
6.2 Certain items are excluded from clause 6.1, as follows: Personalised items, hampers, earrings, all alcohol, electrical products once installed, personal care products once opened, unsealed cosmetics and fragrances, furniture, and home fitness products once assembled.
6.3 When returning Goods, please complete a product return authorisation form (available from our Customer Service Team) and send it with the Good (including all parts) to Unique Hampers & Gifts Ltd, McKee Avenue, Finglas, Dublin 11. Please use registered post when returning jewellery or items above €130 in value. The Supplier accept no responsibility for items returned to us without correct paperwork.
6.4 When returning Goods to the Supplier by post, please retain proof of postage in the event of the Supplier not receiving the returned items.
6.5 The Supplier reserves the right to send Goods back to you if they are not as new, not in the original packaging, have been partly assembled, or have been damaged by the Customer or by the Agent. A charge of €20 will be applied to the Customer or Agent account to cover the handling and postage costs incurred.
6.6 All returns will affect rewards/discounts.
7. Reward / Discount
A reward/discount is calculated on the final account status at the end of November. A reward/discount is only payable for Orders which are paid in full by 1st November. Full details of how the reward/discount is calculated and payable can be viewed at https://www.christmas2u.ie/become–an–agent/commissions/ or by contacting the Customer Service Team.
8. Privacy
By placing an order with the Supplier and providing information to us, the Customer and the Agentare agreeing to share contact information with Unique Hampers & Gifts Ltd and all companies within the Supplier’s group. The information provided to the Supplier will be used by the Supplier and any necessary third parties (delivery companies etc) to process Orders. The Supplier will never unnecessarily share your details with any other third party. Please see our privacy policy and our cookie policy (links available on our website) for further details.
9. Anti-Money Laundering
If the Supplier is required to carry out customer due diligence in order to comply with obligations under anti-money laundering legislation, the Customer or the Agent, as the case may be, shall, if requested by the Supplier, provide the necessary documentation to verify the identity and address of the Customer and/or the Agent.
None of the above conditions affect your statutory rights.