Fortnum & Mason Terms & Conditions
These online shopping terms and conditions ("On-line Shopping Terms and Conditions") apply to all orders which you, the customer ("you" or "your"), place using this website "www.fortnumandmason.com" ("Website"), operated by us, Fortnum & Mason plc ("we" "us" or "our"). Please read them carefully before placing your order and print a copy for future reference.
By clicking on the "Accept" button you accept and agree to be bound by these On-line Shopping Terms and Conditions, the Privacy Statement and such other policies as we notify you of from time to time, which together constitute the entire agreement between us. Nothing in these On-line Shopping Terms and Conditions affects your statutory rights, either as a consumer or otherwise.
Orders for Delivery Outside the United States and Canada
Unless otherwise specified the materials on this Website are directed solely at customers who access this Website from the United States and Canada. We do not represent that any item referred to in the materials on this Website is appropriate for use or available in locations outside of the United States and Canada. If you choose to access this Website from locations outside of the United States and Canada you are responsible for compliance with local laws if and to the extent local laws apply.
Customs Duties
If you order items for delivery outside the United States they may be subject to import duties and taxes. These are levied once the items reach the specified destination. You will be responsible for any such import duties and taxes. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Please note that for items you order through our Website you are considered the importer of record and must comply with all laws and regulations of the country in which the items are to be delivered. Please note that cross-border deliveries are subject to opening and inspection by customs authorities.
Children
We only sell items to adults (i.e. those aged 18 or over). If you are under 18, you may use this Website only with the involvement of a parent or guardian.
Colours, specifications and dimensions of products
We have made every effort to display the colours, specifications and dimensions of items on the Website as accurately as possible. The colours you see will depend on the resolution of your monitor, we cannot guarantee that your monitor's display of any colour will reflect accurately the colour of the item delivered. We may from time to time vary the dimensions, specifications and quantities of items displayed on our Website without prior notice.
Alcoholic products
Some of the items available for purchase from this Website may contain intoxicating liquor. When you place an order for an alcoholic product using this Website, you confirm that you are of legal age in the shipment jurisdiction.
Food Hampers and Gift boxes
Hampers and gift boxes are collections of food and non-food items packaged in containers such as wicker baskets or wooden boxes. The hampers and gift boxes photographed contain only items listed.
Availability of Items and Substitution
We accept orders for items subject to availability. If for any reason the items you ordered are no longer available, we will contact you using the contact details you supplied when placing your order and either offer you an alternative item of equivalent quality and price if this is possible; or cancel the item from your order and give you a full refund in respect of that item.
If we are unable to contact you or do not receive a response from you, we will process any remaining items on your order and refund you for the items we were unable to supply.
Your Profile
You will need to register with us to purchase items using this Website. You are responsible for maintaining the confidentiality of your account username and password and for preventing unauthorised access to your profile. You agree to accept responsibility for all activities that occur under your account or password. Please take all necessary steps to ensure that the username and password is kept confidential and secure. Please inform us immediately if you have any reason to believe that your username and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorised manner.
Please ensure the details you provide us with on registration are correct and complete and inform us immediately of any changes to those details (e.g. change of email or postal address). You can access and update your registration details using the "Your Profile" area of the Website.
We reserve the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
Privacy and Communications
When you place your order, we collect certain personal and transactional information (e.g. name, address, email address, credit/debit card details). For details on how we use this information, please read our Privacy Statement.
To fulfil our obligations to you under these On-line Shopping Terms and Conditions we communicate with you by e-mail and by posting notices on the Website. You agree to receive communications from us electronically and that electronic communications will satisfy any legal requirement for communications be in writing.
The contract between us
When you place an order to purchase items using our Website this is an offer by you to us to purchase those items. We will confirm receipt of your order by sending you an email summarizing the details of your order ("Order Confirmation E-mail"). We accept your order only when we send an e-mail confirming that we have despatched the items in your order ("Despatch Confirmation E-mail"). The contract between us is formed at the point we send the Despatch Confirmation E-mail in respect of those items mentioned in the Despatch Confirmation E-mail. If your order contained a number of items and the Despatch Confirmation E-mail mentions on some of them, those items which have yet to be despatched to you do not form part of that contract.
Prices
Products are invoiced in US Dollars. Delivery is charged extra. Please refer to Delivery Information on this site for details.
Although we try to ensure that all prices on the Website are accurate, errors may occur. If we discover an error in the price of items you have ordered, we will contact you as soon as possible. You will have the option of either reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
Prices displayed on the Website apply to online purchases only. They are not indicative of the price of identical items purchased in our store or by any other means. We reserve the right to update prices displayed on the Website from time to time.
Payment
You may pay for the items which you order online by supplying your credit/debit card details on the secure online order form. We regret that we cannot accept cheques, gift vouchers or cash as payment online.
When you place your order, our system automatically asks your card issuer for authorisation for this amount. If we get a valid authorisation, your card issuer will hold this value expecting a charge from us. Receipt of your credit card details and debit of payments does not constitute our acceptance of your order.
Please note that we cannot guarantee the security of data when you send us by email. Accordingly please do not send us payment information using email. For details of the security measures we employ please read our Privacy Statement. Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us when placing an order.
Delivery
Details of our delivery charges can be found in our Delivery Information page
Please note that if you order a number of items for delivery to the same address, they may be despatched separately and we cannot guarantee delivery on the same day.
We make every effort to despatch items on time. If we are unable to deliver the items within our normal timeframe, you are entitled to cancel the order and we will refund in full any charges which have been debited in respect of that order.
If the items are not delivered within the time period we specify in the Confirmation Email, please contact our Customer Services Department quoting the order reference contained in your Order Confirmation Email.
Delivery occurs when the items are delivered to the delivery address you specified when placing your order. At this point, responsibility for loss, breakage and damage passes to you. Ownership of items purchased does not pass to you until payment is received by us in full.
Product Information
The hampers and gift boxes photographed may contain varied contents as they are subject to availability.
Cancellations
If you wish to cancel your order, please contact our Customer Service Department . As we try to process orders immediately it may not always be possible to prevent an order from being despatched. If your order has already been despatched you may return the items to us in accordance with our Returns Policy (below).
Please note that once we have despatched items to you, you will not be able to cancel any contract you have with us for additional services carried out by us (e.g. gift wrapping).
As soon as we receive notice of your cancellation of an item we will refund the relevant part of the purchase price for that item together with the item's normal postage charge. We cannot refund any priority, express or courier component of the postage charge.
Returns
Items damaged in transit
If you take delivery of a package from us and the contents have been damaged in transit, we will exchange the damaged items without charge to you provided you return the damaged item(s) to us within 30 days of taking delivery.
Defective items
You have the right to return a faulty item within a reasonable period of time.
Incorrect Items
If we have sent you an incorrect item, please notify our Customer Service Department as soon as possible and return the incorrect item to us and specify the correct details in writing. If you would like us to replace the incorrect item with the item you ordered we will send you the correct item as soon as possible. We will not charge you for the incorrect item and will reimburse your reasonable costs in returning it.
Costs
We will reimburse any reasonable costs you incur in returning the following items to us:
• items we delivered to you in error;
• items which were damaged upon delivery or are defective or incorrect;
• items which are substitutes for items originally ordered which we were unable to supply.
You will be responsible for the costs of returning items to us in all other circumstance.
If we do not receive the original item back from you with the delivery slip, we may arrange for collection of the item from the delivery address at your cost.
Until you return items to us you are responsible for their safe keeping and taking reasonable care of them. We do not accept liability for returned packages damaged during transit back to us. It is your responsibility to wrap products adequately to prevent damage.
Losses
We will be responsible for any losses you suffer as a direct result of us breaching these On-line Shopping Terms and Conditions if those losses were reasonably foreseeable to both you and us at the time the contract for the sale of items by us to you was formed (i.e. at the point we send the Despatch Confirmation E-mail to you). We will not be responsible to you or any third party for any business loss (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill) or any other loss or damage which does not result directly from our actions or the actions of our sub-contractors or agents, is consequential or was not reasonably foreseeable to both you and us when the contract between us was formed.
Our liability to you under these On-Line Shopping Terms and Conditions will not exceed the total price charged for the items purchased. Nothing in these On-line Shopping Terms and Conditions excludes our liability to you for personal injury or death caused by our negligence.
Events beyond our reasonable control
We will not be responsible to you for any delay or failure to comply with our obligations under these On-line Shopping Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
Alterations to this Website and Terms and Conditions
We reserve the right at any time to make changes to this Website, these On-line Shopping Terms and Conditions, Privacy Statement and such other policies as we may notify you of. You will be subject to the policies and terms and conditions in force at the time you use the Website or order items from the Website. Changes which we are required to make by law could apply to orders which you have already made. If any of the terms and conditions forming the contract between us are deemed invalid, void or unenforceable for any reason, it will be deemed severable and not affect the validity and enforceability of the remaining terms and conditions.
Waiver
If you breach these On-line Shopping Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
Governing law and jurisdiction
These On-line Shopping Terms and Conditions are governed by and construed in accordance with the laws of the United States. You agree to submit to the non-exclusive jurisdiction of the American courts, as do we.
Customer Support
Pre-Sales Assistance: Please contact our New Orders Department:
• Tel: (866) 367-8686
• Email: orders@fortnumandmason-usa.com
After Sales Support: Please contact our Customer Service Department
• Tel: Monday to Friday from 9.00am to 5:00pm (EST);
(877) 533-2636
(302) 764-0300 from outside the US,
• Fax: (302) 761-9091;
• Email: customerservice@fortnumandmason-usa.com
Our Details
Fortnum & Mason is a trading name of Fortnum & Mason plc,
Registered in England : 00084909 :
Registered office: 181 Piccadilly, London W1A 1ER.