General Terms And Conditions Of Sale
1. Scope
These terms and conditions (“Terms”) apply to orders placed by you to Human Milk Foundation (“HMF”) via our online shop via the HMF website: hmf-gifts.myshopify.com (“HMF Store”). These terms should be read alongside the HMF Privacy Policy. By placing an order through the HMF Store you confirm that you have read, understood and accept the Terms.
We will send you an email or a pdf copy of these Terms upon placing an order, but you may wish to print these Terms for your reference.
We may update or amend these terms at any time without notice to comply with the law or reflect changes in our business practices and procedures. Any updates or amendments will be posted on the HMF Store and will not affect orders already placed.
2. HMF Contracting Party
When you are purchasing this product from our HMF Store, you are buying products from the Human Milk Foundation, with its registered office at Rothamsted Institute, Herts AL5 2JQ, UK (Charities Commission Registration Number: 1172522. VAT no. 265183103). If you have a query related to product purchases, please use the contact information below.
For all correspondence on orders and returns, you can contact our e-commerce partner, Xigen by way of e-mail: help-hmfgifting@xigen.co.uk
For all general correspondences to HMF (other than order and returns) you can contact HMF on:
Address: The Human Milk Foundation, Rothamsted Institute, Herts AL5 2JQ, UK
Telephone: 01582 314131
E-mail: info@humanmilkfoundation.org
3. Our Products
All our HMF products are printed to order. We do not keep stock of any printed products and do our best to ensure that we have stock of the items available to print. However, where items are temporarily unavailable for any reason, we will endeavour to indicate this on the website.
We reserve the right to remove any product on the HMF store at any time, without reason and without notice.
Whilst we try our best to ensure that our products match the images and descriptions on our HMF Store, there may be slight differences in size, colour, and design as these products are made to order.
4. Placing an Order
To order items from this HMF Store, you must be at least 18 years old.
When you complete the checkout process on the HMF Store, you have placed an order with HMF.
We will notify you by email as soon as possible that we have received your order (“Order Acknowledgement”), however, your order is accepted by HMF only at the point when HMF issues a dispatch notice to you, confirming that HMF has dispatched the product/s in accordance with your delivery instructions. Where multiple orders have been placed by you, only the orders on the dispatch notice will be deemed to be accepted by HMF.
If we cannot supply you with the product you ordered, we will inform you of this by email and where payment has already been taken, we will refund you. We may not be able to accept your order because of one, or more than one, of the following reasons:
- the product you ordered is out of stock.
- we are unable to obtain authorisation for your payment.
- we have identified a pricing or product description error.
- you have asked us to deliver your order to a location outside of the United Kingdom, to which we do not offer delivery to.
5. Price and Payment for items on sale
All prices displayed on the HMF Store are in pounds sterling, and are inclusive of VAT. The delivery charges are charged in addition to the products and are displayed separately with each product.
For all orders, we accept Visa, Mastercard, Maestro and American Express. We also accept payment via PayPal. All card payments are subject to authorisation by your card issuer.
We reserve the right to change the pricing per product on the HMF Store at any time:
a) before your order is accepted by us; or
b) after your order is accepted by us and there is an error with pricing where such error was one that you could have reasonably recognised as a mistake.
Should the prices of the product change in accordance with the above, we will contact you to confirm whether you still wish to purchase the relevant item at the new price or cancel your order.
6. Delivery
All our HMF items for sale are printed to order. We don’t keep any stock to help reduce waste and keep our overheads down. We aim to have your product ready for dispatch within 72 hours of you placing your order. Once printed, your item will be dispatched via your chosen delivery method.
We deliver throughout the United Kingdom using Royal Mail or an overnight courier service.
Delivery is not free with the purchasing of the products and will be charged for separately. You may choose from the following delivery options with the estimated delivery times:
- Standard delivery – once ready, the order will be estimated to be delivered in 2-3 working days after the date of despatch (untracked).
- First Class delivery – once ready, the order will be estimated to be delivered in 1-2 working days after the date of despatch (untracked).
- Tracked delivery – once ready, the order will be estimated to be delivered in 1-2 working days after the date of despatch (tracked).
- Overnight delivery – once ready, the order will be estimated to be delivered in 1 working day after the date of despatch (tracked).
The above are estimated delivery times and are not guaranteed. Our delivery partner will update you on the estimated delivery time when your order is placed.
Please contact us if your order does not arrive within 21 working days.
Please inspect your order upon delivery and contact us immediately if the item is defective, damaged or if you receive the wrong item.
International Delivery
We offer International Delivery, and this will be added at check-out depending on the destination country.
There may be import duties applicable depending on the destination country which if chargeable are the responsibility of the customer to pay.
7. Cancellation Rights
These terms are only applicable to consumers, that is, a person acting outside the scope of your business or profession.
All cancellations are subject to an assessment performed by us on whether the cancellation is allowed under the HMF Terms. We will only finalise the return and refund once we have completed the assessment and issued a written acknowledgement of cancellation.
Cooling-off Period
As a general rule, you may cancel your order and return the product within 14 days, without giving any reason, after the product has been delivered to you or to a third party identified by you to take delivery.
Should you elect to return the product under this option, you will be responsible for the cost of returning the items to us.
A refund under this option will be the value of the purchase price only. We will not refund any costs for delivery of the product to you, that you selected upon placing your order.
Cancellation with Reason
Nothing in these Terms affects your statutory rights to reject and return defective products.
Should you be unhappy with the product for reasons stated under the Consumer Rights Act 2015, you will have the right to return the product and provide us with the reason for return, within 30 days after the product was delivered to you or to a third party identified by you to take delivery.
We shall refund you the value of the purchase price and the delivery cost paid on the order. We will also pay for the return of the product, where necessary.
8. Refunds
Refunds will be subject to our assessment of the product and will only be made upon us issuing an acknowledgement of cancellation.
We will refund payments to you within 14 days of receiving the goods back from you or if earlier, the day on which you supply us evidence to the satisfaction and at the discretion of HMF.
We will make refunds to you using the same means of payment that you used when you placed the order. You will not incur any fees as a result of such reimbursement.
How to Exercise Cancellation Rights
You may exercise your right of cancellation by an e-mail to help-hmfgifting@xigen.co.uk. The communication must include a clear statement informing us of:
a) your decision to return the product (Cooling Off Period); or
b) your decision to reject the product and the reason why (Cancellation with Reason)
All return requests are subject to an assessment conducted by us. If your cancellation is accepted by us, our representative will send you instructions (as well as a return address) on how to return the product.
Once we have received your returned product a further assessment will be conducted and if all is in order, we will issue an acknowledgement of cancellation to you. Once an acknowledgement of cancellation has been issued, we will process the refund payable to you.
To be eligible for cancellation, you will need to send your communication before the cancellation periods referred to above have expired.
9. Your Obligations when Returning Products
To be eligible for a return, the product must be in the same condition that you received it, unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.
You must take reasonable care of the products that you wish to return. Products should be returned in a suitable condition. If you do not take reasonable care of the products while in your possession, we may refuse to allow the cancellation requested by you.
If we approve your cancellation request and then discover that you failed to take reasonable care of the product, we shall be entitled to bring a claim against you for compensation for the deterioration of the products. We may claim for compensation insofar as the use or the deterioration of the products is caused by your handling other than what is necessary to establish the nature, characteristics and functioning of the goods in the same way as is possible and usual in a shop.
10. Title and Risk of Loss
Ownership of Products will only pass to you when we receive full payment of all sums due in respect of your order. The risk of the products will pass to you upon delivery.
11. Events Outside our Control
We will not be liable to you as a result of any delay or failure to perform our obligations to the extent such delay or failure is caused by an event or circumstance which is beyond our reasonable control. Our performance under any contract with you will be deemed to be suspended as a result of the event or circumstances beyond our reasonable control. We will use reasonable efforts to resolve the disruption and will communicate and update you on progress.
12. Limitation of Liability
You and we will only be liable under our contract for losses that are a reasonably foreseeable consequence of the relevant breach of contract.
13. Transfer of Rights and Obligations
You may not transfer, assign or sub-contract any of your rights or obligations under these Terms to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these Terms to any third party at our discretion.
14. Governing Law and Jurisdiction
Contracts entered into through the HMF Store are governed by the law of England and Wales. Any dispute arising out of or in connection with such contract (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.