Terms & Conditions

 Welcome to Fruity Gift

Fruity Gift (" Fruity Gift ",  " we ",  " us " or " our ") own and operate  www.fruitygift.co.uk, www.fruity-lux.co.uk
Fruity Gift provides this Website, our products, and services to you subject to the following conditions.
Please read carefully these Terms of Use (the " Terms "),  and any other terms and conditions of the Website content, data, additional information including Allergy/Safety and materials contained therein.

BY USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND THE ADDITIONAL TERMS, AND AGREE TO BE BOUND BY ALL OF THEM, AS EACH MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY  FRUITY GIFT, IN ACCORDANCE WITH THE TERMS. WE RESERVE THE RIGHT TO MAKE CHANGES, MODIFICATIONS, AMENDMENTS, AND / OR UPDATES TO THE WEBSITE AND THESE TERMS AT ANY TIME WITH OR WITHOUT PRIOR NOTICE AND FOR ANY REASON.

The Privacy Policy and the Additional Terms are incorporated into the Terms by this reference. These Terms, the Privacy Policy and the Additional Terms set forth the entire, final and exclusive agreement between  Fruity Gift and you with respect to your use of, and access to this Website and any and all content, data, information and materials contained therein and transactions completed thereon, and supersede all previous oral and written terms, representations, or understandings concerning your use of, and access to, this Website and any and all content, data, information and materials contained therein and transactions completed thereon. In connection with your use of the Website, you consent to Fruity Gift recording any communication, electronic or otherwise, between you and Fruity Gift and retaining any Submission you make while using the Website.

Please do not send any time-sensitive Submission or other communications by e-mail to Fruity Gift as we cannot be responsible for responding to any such communications.

You agree to indemnify and hold harmless Fruity Gift or any other company trading under Fruity Gift name, its affiliates and subsidiaries, and all of their respective managers, members, directors, officers, agents, employees, suppliers, vendors, Franchisees, and service providers from any claims, judgments, liability, and expenses, including reasonable attorneys fees, whether in tort, in contract or otherwise, that it or any of them may incur by reason of or arising out of any claim, including claims for copyright infringement, defamation, invasion of privacy, or infringement of rights of publicity, that are made by any third party relating to your breach of these Terms or your use, authorized or unauthorized, of the Website. By agreeing our Terms and Conditions You waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders, or decrees.

Links 

You expressly acknowledge that the Website may contain links to other websites not controlled, operated or owned by Fruity Gift. Unless otherwise expressly provided by Fruity Gift, Fruity Gift provides no endorsement or representation of any kind regarding the products, services, content or appropriateness of the content of such websites, and explicitly disclaims any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through any such linked website. We do not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any such linked website.

Privacy Policy 

Fruity Gift. ("Fruity Gift",  "we",  "us" or "our")respects your privacy! We know you care how information about you is used and shared. This Website Privacy Policy (the "Policy") describes our privacy practices with respect to information collected by or submitted to us on our website. This Policy is made a part of the Fruity Gift  Terms of Use.
By visiting our Website, you acknowledge and agree that you have read this Policy and agree to the collection, use and other processing of your information in accordance with the practices described in this Policy. If you do not agree to all of the terms, conditions, and practices set forth herein, do not access the Website or any of its pages.

This Website is intended for adult use only, and we do not knowingly collect any personally identifiable information from anyone under the age of 18. If you are under 18 or under the legal age to enter into enforceable contracts in the jurisdiction from which you are accessing this Website, you may use the Website only with the consent of a parent or guardian.

Products Policy

We endeavour to display as accurately as possible the products available for sale on our Website. However, the colours and images that you will see on our Website will depend on a number of factors such as your monitor and its settings. Therefore, we cannot guarantee that the colour or other features, as the size of products shipped to in accordance with your order(s) will appear exactly the same as the image you see displayed on the Website.

Helium Balloons Policy:
In general, balloons filled with helium will still float in cold weather, although their floating time may be affected. Helium is less dense than air, which allows balloons to float. However, cold temperatures can have some impact on the floating ability of balloons.
Cold weather causes helium to contract and become denser, which can slightly reduce the lifting force inside the balloon. As a result, the balloon may not float as high or stay afloat for as long as it would in warmer weather. The colder the temperature, the more pronounced this effect can be.
Additionally, cold temperatures can affect the overall performance of the balloon material. Extreme cold can make the balloon material more brittle, increasing the risk of it popping.
Do not worry we will offer you a full refund for balloons damaged during transportation.

Membership and registration

Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The Site practices governing your personal information are disclosed in its Privacy Policy. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site.

If you register with the Site, you agree to accept responsibility for all activities that occur under your account, email or password, if any and agree you will not sell, transfer or assign your membership, any membership rights or any Site-issued email address. You are responsible for maintaining the confidentiality of your password if any, and for restricting access to your computer so that others may not access the password-protected portion of the Site or your Site issued email account using your name in whole or in part. we may, in our sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.

Promotion and Prize(s) 

Winner Selection: Fruity Gift (Sponsor) will randomly select a winning entry from all Fruity Gift entries containing the correct response to the question received on the applicable Contest Date. All winners will be notified via a personal post from Sponsor on the social media platform used by the winner to submit the entry (the “Notification”), which Notification will contain instructions to email Sponsor to claim the Prize(s).  The winner must respond with his or her email address within one (1) week of the date of the Notification, and Sponsor will then send the winner instructions and forms to be completed to claim the Prize. The winner must redeem Prize within thirty (30) days of the Notification Date.

The Prize will not be delivered or shipped.  If the winner is not available to pick up his or her Prize by the specified date, such winner may be disqualified and Sponsor reserves the right to choose an alternative Prize winner. The winner must provide eligibility information prior to being awarded the Prize. If a winner does not respond to Sponsor’s contact attempts for Prize awarding, or if a winner otherwise fails to comply with these contest rules, Sponsor reserves the right to determine an alternate winner or not to award that winner’s Prize, in its sole discretion. 

All Prizes are awarded “as is” and without any warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose), and all such warranties are hereby disclaimed. The sponsor is not responsible for an Entrant’s change of email address. The sponsor is not obligated to telephone the winner, leave a voice mail, answering machine or other messages. The sponsor is not responsible for and not liable for late, misdirected or unsuccessful efforts to notify a qualifier or potential winners or deliver the Prize, or if the potential winner does not claim the Prize within the appropriate time given upon notification. 

All decisions of the Sponsor are final. By participating in the Contest, Entrant agrees to be bound by these Rules; that the decisions of Sponsor are final on all matters relating to the Contest; that Entrant is not entering on behalf of anyone else; and in the event that Entrant does not comply with these Rules, then Entrant will be disqualified.

Promotional Codes and Coupons 

All promotional codes and coupons exclude already discounted products and cannot be combined with other promotional codes. Offers valid for a limited time only, minimum purchase requirements apply and may be terminated without notice.

Forums

Forums, bulletin boards, chat rooms or other interactive areas that are or may be offered on the Site They are provided to give users a forum to express their opinions and share their ideas and information.
Users are responsible for the reliability, accuracy, and truthfulness of such content.
We have no control over whether any such posted material is of a nature that users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.

We do not and cannot review every message posted by users in the User Forums, and is not responsible for the content of these messages or the views or opinions expressed by the users of the User Forums. Information disclosed in the User Forums is by design revealed to the public. We reserve the right but are not obligated, to delete, move or edit content, in whole or in part, submitted by you to the Site for any reason in our sole discretion. In addition, we may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good-faith belief that such action is necessary to protect and defend our rights and property or to protect the safety of our users or the public. In no event do we assume any obligation to monitor the User Forums or remove any specific material?

Termination 

Fruity Gift reserves the right, in its sole discretion, to terminate or suspend any unverified order, password, account, access, or ability to use the website at any time without notice. Upon such termination, all rights granted to you under this Agreement will cease immediately, and you agree that you will immediately discontinue use of the applicable website and discontinue use of and destroy or return to Fruity Gift any Fruity Gift materials, (unless otherwise agreed to in writing by Fruity Gift). Despite the foregoing, any provisions of these Terms, the Privacy Policy, and the Additional Terms expressly identified or that would by their nature survive such termination shall so survive. reserves the right, in its sole discretion, to terminate or suspend any unverified, order, password, account, access, or ability to use the website at any time without notice.

Copyright

All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, photographs, illustrations, digital downloads, data compilations, and software, and the compilation (including the collection, selection, assembly and arrangement) of such materials is the property of Fruity Gift or its licensors or content suppliers and protected by copyright, trademark and other laws in the UK and other jurisdictions.

Pricing

Unless otherwise specifically indicated, all prices on the Website are in GBP £ or in the currency of the country to which you request that the product you are ordering is to be shipped, as applicable. Additional price service fees may apply to your order. Any applied service fees will be posted in your cart at the time of checkout prior to purchase.

Payment

We accept No liability for ordering the wrong Product, Size, Quantity or Date. We have the right to refuse to accept or fulfill any order upon reasonable notice. Orders placed for Same-Day Delivery may be canceled without notice!

By ordering products from this Website, you authorize Fruity Gift,  and its agents or other credit card processing vendors to charge your credit card for the applicable fees. If Fruity Gift does not receive payment from the card issuer, you agree to pay Fruity Gift, all amounts due upon demand. Fruity Gift may take commercially reasonable actions to verify your credit card. 

If you think you have been charged twice, the first thing you should do is check to see if the charge you are seeing is actually a temporary hold or pending transaction. If this is the case, you have not actually been charged.

Credit card transactions are authorized in two steps. In the first step, the payment gateway says “I want to charge £xx to card Y.” If the card has these funds available, the card company places a provisional hold on that £ xx and responds OK back to the gateway. Along with that response, the card company sends the gateway some account information (such as the cardholder's address). The gateway then performs the second part of the validation, checking this address against the billing address you supplied. If this match fails, the gateway tells both us and the card issuer. The funds that were placed under hold are never captured—you will not be charged.

However, it’s important to note that some card issuers release these held funds in a batch process, typically one that runs overnight. Because of this, you may see the held transaction appearing in your online credit card statement for a day or two. The time is takes to release your funds is dependent entirely on your bank or credit card company.

Refreshing the page, double-clicking to submit the payment, or going back to the previous page during a transaction may cause the browser to initiate another payment request. This may result in your Credit / Debit Card being charged twice. 

Receipt / Order Confirmation 

If you place your order online, you will see a confirmation page after you process your order. We recommend that you print this confirmation page and keep it for your records.
We will also send you a confirmation email after you place your order, whether you order online or by phone. If you do not receive an order confirmation email, it is possible that your email address was entered incorrectly or the order confirmation went to your spam box.
Keep in mind that there may be a delay in the delivery of your order confirmation email. Due to the high volume of orders we receive, particularly around busy holidays like Valentine’s Day and Mother’s Day, you may not receive your email confirmation immediately after placing your order.

Order Changes 

You may request a change to your order at any time before your order leaves Fruity Gift for delivery and we will do our best to accommodate your request. However, if your order has left the store for delivery or has already been delivered, we will be unable to change it.

Canceling an Order

Orders can be canceled for a full refund if the cancellation is requested at least 24 hours in a prior delivery date. If an order has been shipped, as all our products are perishable, and also non-refundable, we will not be able to issue you a refund.

To cancel your order, please call Fruity Gift on +44/ 2036171051 to check the status of your order, whether your order is presently on route or has already been delivered. If your order has left the Fruity Gift for delivery or has already been delivered, we will be unable to cancel your order.

We can't offer a refund for any perishable items you change your mind about, at the time of delivery or after!
Our Refund policy is in accordance with statutory rights under the Consumer Contracts Regulations.

Orders placed for the Same-Day Delivery can not be canceled and are non-refundable!

Complaints

Please note that if you wish to complain about our products or services, you need to call customer services as soon as possible. Some of our products like edible fruit arrangements are perishable and if they are not handled or stored properly will shorten their shelf life. So longer you delay, there are fewer chances to help you prevent or solve any issues. We recommend you to call customer services on +44/ 2036171051 within 1-2 hours time slot upon delivery, or alternatively use online Chat and  Enquiry form. For complaints regarding a damaged product, we would request the buyer to supply a proof of damage (photo). If you do not call us at the time we specified, we may not be able to help you with your complaint.

Website Security / Payments

We use strong payment authentication procedures and have appropriate security measures in place to attempt to protect against the loss or misuse of your personally identifiable information. We use secure technology such as sockets Site Lock, Standart SSL, and encryption algorithms to secure sensitive information submitted to us in orders. However, no security system is impenetrable!
It is the duty of the account holder to keep safe credit/debit card details or any kind of sensitive payment data. We can not liable for transactions made on our website by a third party with credit/debit cards without the cardholder's permission. You need to contact us or contact your bank if feel that your card was used for purchases on our websites without cardholder authorisation.  
It is the duty of the account holder to notify its Bank when an account has been compromised. It should always be to get in touch with the credit/debit card provider and notify them as soon as possible or at a reasonable time (a Month) if fraudulent transactions occur on their bank statement.
We do not take responsibility  We are not liable for the cost when credit/debit cardholder details are used in fraudulent transactions through our website. The account holder is responsible for and must pay the cost of the fraudulent transaction - when:
They failed to inform the bank that a card was lost or stolen or that someone knows their PIN or other card details.
If their Credit/Debit card details were exposed.
They've acted without reasonable care: by, for example, writing down the card PIN number or other card details.  
If an additional cardholder is liable for any of the reasons above and in accordance with our terms and conditions, those who "contributed to, were involved in, or benefited from the loss, theft or [the card's] misuse" won't get a refund!

Delivery information

You can place an order 1 day before the delivery date by 3 pm local time, or order well in advance. Orders can be placed for the same-day delivery, but you need to call customer service - 020 3617 1051 before 10 am to check if possible. During public holidays, for example, Christmas, New Year, Easter or popular celebrations such as Valentine’s Day, Mother’s Day, Father's Day, Halloween, Black Friday we recommend placing your order well in advance, from 2 to 4 days prior delivery date, to avoid disappointment. 

For delivery to Northern Ireland speak to our friendly customer support team to check availability and delivery time slots, before submitting your order. We may deliver to Republic of Ireland and some offshore islands, but an additional delivery charge may apply! 

There MUST be someone available to sign for your order at the delivery address. We accept no liability for returned /left elsewhere or unsigned orders. Please note, If there is no one available to accept delivery at the address, we will attempt to deliver your order to the closest neighbour! Orders will not be dispatched until payment has been processed and received.

Full and correct postal address including postcode and a telephone contact number(UK phone numbers only) must be provided or your order may not be processed, delivered on time or may not be delivered at all. We do not accept liability for incorrect addresses or missing details and you may not be entitled to a refund.

Non-Acceptance of an order may be a result of one of the following:

(i) The product you ordered being out of stock -  Product Availability / Information below.
(ii) Our inability to obtain authorisation and verification for your payment.
(iii) The identification of a pricing or product description error. Failure to meet the minimum purchase requirement rule of £30 excluding delivery.
(iv) Failure to meet the eligibility to order criteria set out in the Terms and Conditions.
(v) We reserve the right to reject the acceptance of any order at any time in our absolute discretion!

 In addition, you agree not to...  

(i)  Use or access the Website for any purpose that is unlawful or prohibited by these Terms;
(ii)  Frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fruity Gift.
(iii)  Attempt to gain unauthorised access to the Website, accounts, computer systems, or networks connected to any  Fruity Gift server through hacking, password mining, or any other means;

WAIVER
Our failure to exercise or enforce any right or provision of the Terms&Conditions, including without limitation, the Privacy Policy and/or the Additional Terms shall not constitute a waiver of such right or provision.

Please contact Fruity Gift if you experience difficulty understanding Our Terms & Conditions or have issues with your order!

Customer Service

Call Us: +44/ 20 3617 1051
E-mail: info@fruitygift.co.uk 

Address: 40, 26-28 Queensway, Ponders End, EN3 4SA ,