Conditions of use
- This website is operated by Rhubarb Gifts LTD Trading as The Rhubarb Tree and by using this site you are agreeing to comply with and be bound by the following terms and conditions.
- These may change from time to time therefore it is your responsibility to read these on each visit to ensure you understand these terms and you are happy to agree to these before viewing information or buying products.
- If these terms are not acceptable to you, you should not continue to view content or purchase goods or services from us.
- By visiting our website and/or purchasing something from us, you are deemed to have accepted these terms and conditions.
- We reserve the right to update these terms and conditions at any time without prior notice to you. Any new version will be displayed here and will supersede any previous version of this contract.
- These terms and conditions and only these form the contract on which the agreement between you and us is based for the sale of goods and services.
Within these terms and conditions:
- Any mention of “we”, “our” or “us” is a reference to Rhubarb Gifts LTD. Reference to “you” will be considered to be the purchaser of the products/goods, or user of the information or services from us.
- Where “contract” is stated this refers to the agreement between us and you related to the sale or purchase of goods to which these terms apply.
- The term “goods” applies to products, goods, items or services as described on this site.
- We reserve the right to refuse service to anyone, for any reason, at any time.
- Headings and titles used on this website are done so for convenience only. They do not constitute any part of the terms and conditions and will not limit or otherwise affect the terms herein.
- Any information that you enter onto this website may be transferred over various networks and may involve changes in order to conform and adapt to the technical requirements of connecting networks or devices.
Price of Goods and Services
- All prices listed on this site are inclusive of value added tax (VAT) at the current rate where applicable. This is subject to change as per government policy changes and will be amended accordingly where appropriate.
- The postage and carriage rates are calculated by order value and/or weight and will be displayed at checkout. Any international deliveries or special/urgent requests may require us to quote and charge separately. There may also be surcharges for rural or outlying areas applied by our courier of which we will advise prior to delivery.
- Any one or all prices are subject to change at any time without prior warning.
- Any free delivery or offers of discounted goods are subject to availability and can be withdrawn or changed at any time without notice.
- We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the system.
- Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, what you will see on your computer monitor or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing.
- By accepting the terms and conditions you are required to ensure that all information given when ordering goods is accurate and true at this time, and that these details relate to you and not a third party.
- When you place an order you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted by us.
- When your online order has been paid by credit/debit card the payment receipt does not constitute acceptance of your order by us. We have the right to check that there are no discrepancies and only once we are satisfied, will your order be confirmed by us.
- We reserve the right not to be bound by any order should an error occur during the order process resulting from technical difficulties or any other reason beyond our control including but not limited to:
- i) The item you have ordered is out of stock.
- ii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent.
- iii) There has been a pricing or product description error.
- iv) There is a system or procurement failure.
- v) You have failed our customer validation checks.
- Payment in full for all goods, service or delivery must be received by us prior to dispatch of any orders.
- All payments made online, whether credit/debit cards, PayPal, Stripe or bank transfer will require to be confirmed as paid before dispatch of any goods.
- During checkout, you may be presented with one or more options for delivery.
- Where an estimated timescale for delivery is provided, this is an estimate only and cannot be guaranteed by us as your items may be delayed due to circumstances beyond our control (i.e. a courier delay, or at busy times).
- Where you select a “next day delivery” option, orders placed on Fridays, Saturdays or Sundays may not be dispatched for delivery until the following Monday and so may not be received until Tuesday.
- We will package and arrange delivery of your order by whichever means is the most appropriate, either by post, courier or other.
- In the event of any goods received by you which appear to have been damaged in transit, you must notify us within 48 hours of receipt. In the case of inflated balloons, a photo must be taken immediately that shows the condition that they arrive in. Please retain all packaging under these circumstances as this will be required by the delivery operator to consider a claim. Photographs help us to reclaim from our couriers so please take them if you can.
- Our returns policy is subject to change and is therefore included in these terms. Please refer to our returns policy for full details.
- You have the right to cancel an order within 14 days from the date of delivery and this should be confirmed to us in writing at the earliest opportunity.
- If your goods have not been dispatched at the time the cancellation notice is received then our refund policy will apply.
- If your items are already dispatched, you will be responsible for the cost of return and must take reasonable care of the items being returned to us as any damage, loss or deterioration in condition is your responsibility. We may charge for any reduction in value resulting from this. Please ensure that items are packaged appropriately when returning and that you have sufficient postal insurance to cover the cost of the goods.
- We reserve the right to arrange for collection of goods on occasions in which case you will be responsible for collection charges.
- We will refund the purchase price within 30 days of cancellation providing we have received the goods back in a resale-able condition but we reserve the right to charge a re-stocking fee and other reasonable charges we incur in connection with the return of the goods.
- We regret that we cannot accept cancellation of the contract for goods made to your specification, personalised items, partly used or perishable goods, inflated balloons or items which have been damaged unless received damaged or faulty. Proof of damaged receipt of the goods in question will be required (e.g. photo). In the case of a complaint about under inflated balloons, a phot MUST be taken immediately on receipt.
Risk and Ownership
- Once your goods have been delivered, you become responsible for any risk, loss or damage to them. If you are collecting goods from us the risk transfers to you upon collection or 7 days after the agreed collection date if you fail to collect the goods before this.
- We retain ownership of all goods until full payment has been received by us. You are not entitled to re-sell goods until paid in full.
- The insurance and safe keeping of all goods once in your possession is your responsibility.
Warranties and Liabilities
- We cannot be held responsible for damage to goods incurred after delivery, any accidental damage, or damage resulting from misuse or if you have attempted your own repair.
- We cannot be held responsible for any wear and tear or the failure by you or anyone else to adhere to any written recommendations or safety advice provided relating to the use of the goods.
- Our liability to you for loss, damage or fault for which we are found to be responsible will not in any circumstances amount to more than the total paid by you for the goods.
Customer Default and Responsibilities
- Should any of the following apply to you we reserve the right to cancel your account or contract of sale and recover the goods which have been ordered and for which we have not received full settlement.
- Any false or incorrect information is provided to us
- Failure to make timely payment
- Cancelling of any payment
- Becoming insolvent or bankrupt
- Committing a breach of any of the terms listed
- You agree that we will not be held liable for any costs incurred for loss, claims or expenses including legal fees related to your misuse of this site or breach of contract.
- You agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.
- You agree that we will not be liable for any direct, special, indirect or consequential or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.
- We will have no responsibility or liability to you if we are prevented from performing any of our obligations as a result of any circumstances beyond our reasonable control including, but not limited to, fire, flood, act of nature, terrorism, war, internet disruption, power failure, pandemic, closure on Government instruction, strike or difficulty in obtaining materials, labour or both. In any of these circumstances we reserve the right to suspend or cancel the contract between us and you.
- We will not be responsible to you for such delay, failure or liable for any loss that you incur as a result.
- Should any of these terms be found by a court to be unenforceable, this will not affect the remainder of the terms.
- These terms are the only basis on which we will relate to you and by agreeing to them you accept that no other contract, arrangement or representation applies.
- We retain the option to assign our obligations or rights under the terms of the contract to a third party on the understanding that these terms will become the responsibility of the third party.
- You cannot assign your rights or obligations without obtaining prior written consent from us.
- All logos, design, layout and content on this website are the copyright of Rhubarb Gifts Ltd, unless otherwise stated.
- You are permitted to use information found on this site solely for the purposes of your own use on the condition that you must clearly state that copyright belongs to us, that the information is not used to misrepresent or mislead and is not used for commercial purposes of any kind.
- In the event of unauthorised use of any information on this website which contravenes the stated conditions, trademarks, copyright or other laws then this could result in legal proceedings against you.
- Many of the goods have copyright ownership by the original designer, artist or developer. These copyrights are the property of the designer, artist or developer and as such you do not have the right to change, alter, copy or adapt these goods or any media, descriptions or images relating to these goods.
- If we cannot reach agreement regarding a dispute, we will refer to an independent mediation before court proceedings are begun, under current mediation rules at the time of the dispute.
- The outcome of any unresolved dispute between us and you will be determined by the courts and you will agree to abide by their jurisdiction.
- The contract to which you and we agree under these terms and conditions is governed by English Law.
- Any and all information contained on this website is provided on an “as is” basis and is in no way intended to be comprehensive or complete.
- Visitors to this site do so at their own risk and are advised to take professional advice before taking any action on the information or materials given here.
- At no time do we accept responsibility for the accuracy of information or details, whether by omission or error, or authentication of materials or information stated and we offer no warranties or representation whether express or implied including but not limited to fitness for a particular purpose.
- There is the potential for errors, viruses, issues or limitations contained within the information provided on this website and we at no time accept liability for use by you or consequential losses or damages resulting from this.
- We reserve the right to change or update any data, documents, or information which appears on this website without prior notice or warning.
- We reserve the right to, at any time, modify or discontinue any part of the service that we offer, or any part of content thereof, without any notice to you.
- We accept no liability to you or to any third-party for any modification, price change, suspension or discontinuation of the service.
Links to Third Party Websites
- We do not accept liability or responsibility for third party websites or their content. We provide links for your convenience only and on this basis we have no control over their content.
- Any transactions made or information gained through a third party website is the responsibility of that third party and at no time do we accept liability or provide warranties for any business between you and them. It is advised that you read their terms and conditions and privacy policies before entering into a contract with them.
- Any third party websites included on this site are not necessarily endorsed by us nor are they checked for accuracy by us. If you choose to use these links you do so at your own risk.
Links to this Website
- We reserve the right to request the removal of any link to this website from any other source which we deem to be unacceptable.
- Notifying Us