Terms and Conditions
This Website is operated by BHF Shops Limited (Registered Company Number 02472513), a wholly-owned subsidiary of the British Heart Foundation (Registered Charity Number 22597 in England and Wales and SC 039426 in Scotland and Registered Company number 699547) which trades only to raise funds for the British Heart Foundation.
Please read the following policies carefully before using the Website.
The Sales Terms and Conditions set out below (together with our General Website Terms and Conditions and our Privacy and Cookies Policy) apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by these Sales Terms and Conditions. If you do not agree to be bound by these Sales Terms and Conditions you must not use or access this Website or buy Products from us.
In the event of any conflict or inconsistency between these Sales Terms and Conditions and our General Website Terms and Conditions, these Sales Terms and Conditions shall take precedence.
In these Sales Terms and Conditions, the following definitions apply:
"BHF Shops Limited" (also referred to as 'we' and 'us') means BHF Shops Limited registered company number 02472513.
"General Website Terms and Conditions" means the terms and conditions that can found here.
"Products" means any goods listed on this Website or sold by BHF Shops Ltd.
"Sales Terms and Conditions" means these terms and conditions of use and purchase.
“Website” means any website under the ownership or control of BHF from which a link has been created to these terms and conditions and all related domain and microsites, including BHF Shops Limited's online shop at https://giftshop.bhf.org.uk
“Material” means all of the information, data, text, graphics, links, or computer code or other material published on, contained or available on the Website; and
(a) These are the Sales Terms and Conditions of BHF Shops Limited governing your use of this Website and the purchase of any Products from this Website.
(b) These Shops Terms and Conditions of sale apply to any order you place through this Website. These Shops Terms and Conditions apply regardless of how you access the Website, including via any technologies or devices by which BHF Shops Limited makes the Website available to you at home, on the move or in store. You must read these Sales Terms and Conditions carefully. By placing an order through the Website, you confirm that you have read, understood and agree to these Sales Terms and Conditions in their entirety. If you do not agree to these Sales Terms and Conditions in their entirety, you must not order any Product through the Website.
(c) Except where otherwise specified on this Website, the materials on this Website are displayed solely for the purposes of promoting BHF Shops Limited's Products available in the UK. However BHF Shops Limited may accept orders for delivery to locations outside of the UK subject to customs, legal, regulatory and certain practical restrictions. Those who choose to access this Website from locations outside the UK or place orders for delivery to locations outside the UK are responsible for compliance with local laws if and to the extent local laws are applicable.
(d) BHF Shops Limited and this Website do not sell Products for purchase by anyone under the age of 18. We offer children's products for purchase by adults. If you are under 18, you may use our Website only with the consent and involvement of a parent or guardian.
3. Personal Information and Your Account
- (i) to process your order; and
- (ii) if you agree, to advise you of products and special offers that may be of interest to you.
(b) If you wish to make a purchase from this Website you will be given the option to register an account with us. Should you choose to register, you will be asked to provide your email address and password, which you can use to make a purchase. When you create a shopping account with us you will be given the option to receive further information from BHF Shops Limited by post, e-mail or phone about products, special offers or events that may be of interest to you. In the event that you do not wish to be contacted, please follow the relevant instructions as you go through the registration process.
(d) You must keep your password(s) confidential at all times, and must not disclose the password(s) or permit anyone else to use your password(s). Any breach of any of these Shops Terms and Conditions by anyone to whom you disclose the password(s) will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these Shops Terms and Conditions by anyone to whom you disclose the password(s) will be treated as if the breach had been.
(e) In the event of any failure or error in the operation of any password, or if you suspect your account is being used by someone else you agree to cease using the password(s), exit this Website and notify BHF Shops Limited of any such failure, error or misuse by contacting us on the details set out in clause 15.
(f) BHF Shops Limited may terminate your account(s) immediately in the event you breach any of these Shops Terms and Conditions of use or if you are late in paying or fail to pay any sums due to BHF Shops Limited.
(g) BHF Shops Limited may suspend the operation of this Website for repair or maintenance work or in order to update or upgrade the contents or functionality of this Website from time to time. Access to or use of this Website or pages linked to it may be interrupted or contain errors.
4. Terms of Sale
(a) These Sales Terms and Conditions will vary slightly depending on whether you are purchasing from this Website as a business or as a consumer and:
- (i) if you are a consumer then the provisions of clause 12 will also apply to you; and
- (ii) if you are a business then the provisions of clause 13 will also apply to you.
(b) Please note that BHF Shops Limited reserves the right to amend these Sales Terms and Conditions from time to time (see clause 7). BHF Shops Limited will publish any amendments to these Sales Terms and Conditions on this Website and any amendments shall apply from the date on which they are published. These Sales Terms and Conditions must be checked prior to placing any orders on this Website.
5. Prices of Products on this Website
(a) BHF Shops Limited reserves the right to change the prices of the Products displayed on the Website at any time. The prices for all the Products available on the Website are clearly marked in their description and are inclusive of VAT (if applicable) unless expressly indicated otherwise. All applicable delivery charges are also displayed on the Website. All prices are shown in Pounds Sterling.(b) BHF Shops Limited may make available offers and discounts solely at our discretion and in accordance with clause 11 below. Errors and omissions are excepted.
6. Forming the Contract between You and Us
(a) The information relating to BHF Shops Limited's Products and the applicable prices are displayed on this Website for your information and to enable you decide whether you would like to make us an offer to purchase any Products.
(b) We have taken reasonable precautions to try to ensure that prices quoted on this Website are correct and that all Products have been fairly described. However, when ordering Products through this Website, please note that:
(i) orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this Website;
- (ii) all prices are displayed in pounds Sterling inclusive of UK VAT where applicable unless expressly indicated otherwise
- (iii) packaging may vary from that shown on this Website;
- (iv) the weights, dimensions and capacities shown on this Website are approximate only;
- (v) whilst we try to display the colours of our products accurately on this Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery; and
- (vi) all items are subject to availability. We will inform you as soon as possible if the Product(s) you have ordered are not available and we may offer alternative product(s) of equal or higher quality and value.
(c) This Website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
(d) When you place an order to purchase a Product from this Website we will send you an e-mail confirming receipt of your order. Please note that this does not mean your order has been accepted. We will confirm if we have accepted your order when we send e-mail confirmation to you that we have dispatched that Product to you. The contract between us will only be formed when we send you that email confirming dispatch. Any Products which form part of the same order, but which we have not confirmed as being dispatched, will not form part of that contract.
(e) Prior to the dispatch of any Products to you, BHF Shops Limited reserves the right to decline an order for any reason, including but not limited to legal and regulatory reasons.
(f) If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, BHF Shops Limited will inform you of this via phone or email address using the details provided by you when placing your order and set out the options that may be available to you. If you have already paid for the Product(s) and you choose not to pursue an order with us, we will refund you the full amount including any delivery costs charged as soon as possible.
(g) If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, BHF Shops Limited has the right to stop or cease to fulfil the order at any time, including after despatch of products and/or notification to you that the order has been received and is being processed. You acknowledge that BHF Shops Limited shall incur no liability in such circumstances.
(h) These Sales Terms and Conditions constitute the entire agreement between you and us and supersedes and extinguishes any and all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral.
7. Our Right to Vary these Terms
(a) We amend these Sales Terms and Conditions from time to time. Please look at the top of this page to see when these Sales Terms and Conditions were last updated and which terms were changed.
(b) Every time you order Products from us, the Sales Terms and Conditions in force at the time of your order will apply to the contract between you and us.
(c) We may need to revise these Sales Terms and Conditions as they apply to your order from time to time, for instance to reflect changes in relevant laws and regulatory requirements.
(d) If we have to revise these Sales Terms and Conditions as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel your contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel all of your order, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges. If you opt to cancel part of your order you will have to return (at our cost) any relevant Products you have already received and we will arrange a refund of the price you have paid for those Products you have returned. Please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted.
(e) Where we refund any delivery costs you have paid in accordance with clause 7(d) above, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer.
8. Method of Payment
(a) For orders placed via the Website, email or telephone, BHF Shops Limited accepts Visa, Mastercard and bank Maestro cards, PayPal and bank transfers. BHF Shops Limited does not accept Visa Electron, American Express or Diner's Club cards.
(b) When making your payment by credit/debit card or PayPal, it is imperative that you provide the information that BHF Shops Limited specify is required. Your card or Paypal account will be debited immediately upon placing your order. Ownership or title to the Product shall not pass to you, the buyer, until BHF Shops Limited has received payment in full.
(d) When making your payment by invoice, it is imperative that you provide the information that BHF Shops Limited specify is required. Unless otherwise agreed, payment is expected within 30 days of you receiving your order. Ownership or title to the Product shall not pass to you, the buyer, until BHF Shops Limited has received payment in full.
(e) If your payment is not received and you have already received the Products you ordered from us, you must pay for or return those Products to us in accordance with our reasonable return instructions and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect or arrange for collection of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order.
(e) Please note that we are unable to take payment by email. Any email containing credit or debit card details will be immediately deleted and no payment will be taken. If you would like to make a purchase, please place your order using our Online Shop or call 0116 232 4195.
(a) For orders placed on the website or telephone and for delivery to the UK mainland, we have a 2 tier delivery charge based on the value of your order. If your order value (including donations) is over £30 then we are pleased to offer you FREE postage. We offer a standard UK delivery charge of £3.95 on all other orders. These charges cover packing, handling and delivery. Orders are usually processed within 2 working days.
(b) For delivery outside the UK mainland, the delivery charge is dependent on the destination country and will be indicated on your Order Summary. Free delivery is not available on orders delivered outside the UK mainland.
(c) Some countries may impose an import tax or other duties on deliveries from overseas, which the customer is responsible for paying.
(d) Please note that time scales for delivery will vary depending on the availability of Products and your address. We will aim to deliver your Products within 14 days of the date on which we accept your order. Where the supply of your Product(s) is delayed or prevented for reasons beyond our control (for example, material shortages, import delays or higher than anticipated demand) we will make every effort to keep you informed but shall be under no liability to you for such delay or failure.
(e) Delivery will be to the address specified in your order.
(f) All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.
(g) We shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control.
(h) In the UK, delivery charge refunds can only be made in accordance with your legal rights under the Consumer Protection (Distance Selling) Regulations 2000 and other applicable legislation. For further information about your legal rights see Rights of Cancellation, Return and Refund section below or contact your local authority Trading Standards department or consumer advice centre (for example the Citizen's Advice Bureau for UK customers).
10. Rights of Cancellation, Return and Refund
(a) Any changes to your order must be notified to us in writing and within a reasonable time. If you amend or change your order you may find there are changes to your delivery timetable and / or the price you pay for the item (you will be charged the current selling price on the day you amend your order).
(b) We hope you will be completely satisfied with your purchases. Please contact us using the contact details set out in clause 15 if you are not entirely satisfied with our Products or our service, so that we can rectify the situation.
(c) Our 'goodwill' returns policy (where there is no legal right to a refund) is offered entirely at our own discretion on all Products except those items mentioned in clause 12(h), provided that they are returned in a resalable condition with a returns form within 30 days of delivery of the Products. If you are not completely satisfied with any Product you have ordered, please return it using the freepost label provided:
- (i) in a resalable condition;
- (ii) in the original packaging; and
- (iii) with your customer advice note and returns form, within 30 days of the date of receipt and we will refund the purchase price or send you a replacement. This BHF Shops Limited 'goodwill' returns policy is in addition to your statutory rights.
(d) Please send your returned order to the address on your delivery note or contact us using the contact details set out in clause 15 for instructions.
(e) When you send a Product back to us in compliance with these Sales Terms and Conditions we'll process the returned Product then notify you via e-mail of your refund. You can expect a refund in the same form of payment originally used for purchase and we aim to process all refunds within 14 days of receiving the returned Product. Unless you are returning a Product because of an error on our part or because it is damaged or defective, any refund of delivery charges is entirely at our own discretion.
(f) We will refund the delivery charges and reimburse your reasonable costs in returning any damaged or defective Products and any Products that have been sent to you in error. You should include the details of any damage, defect or error on the returns form.
(g) If you choose to return any Products to us, we will not be responsible for any loss or damage to them in transit. If returned Products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.
(h) You must take reasonable care of the Products while in your possession and they must be returned to us along with your customer advice note and returns form before we can issue a refund. All refunds will be made in accordance with clause 10(j).
(i) If you choose to cancel your contract we will refund you the price you paid for the Products and any delivery charge you may have paid. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop (for example if they have been used or worn). If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you may be required to pay us an appropriate amount.
(j) We will make any refunds due to you as soon as possible and in any event within:
- (i) 14 days after the day on which we receive the Product back from you; or
- (ii) if you have not received the Product, 14 days after you inform us of your decision to cancel the Contract.
(k) We will refund you by the same method that you used to pay for the Products.
(l) For further information about your statutory rights, contact your local authority Trading Standards department or consumer advice centre (for example the Citizen's Advice Bureau if you are in the UK).
11. Special Offers, Promotional Codes and Free Gifts with Purchase
(a) From time to time, special offers may be advertised on the Website. Special offer prices quoted apply to orders completed online or by telephone only and may be withdrawn at any time.
(b) Promotional codes may be issued for free delivery or for discounts on orders or specific Products. You may only use one voucher per order. Some vouchers may only be used once per customer. Please contact us via the details set out in clause 15(a) if you have any questions about redeeming a voucher code.
(c) Occasionally, free products may be offered with a Product or order. These free products are included as part of your order and if any part of the order is returned for a refund we reserve the right to deduct the value of the free gift from your refund if they are not returned too.
12. Consumer Customers
(a) You will be a consumer customer if you are an individual who is purchasing goods from this Website for purposes that are unrelated to your trade, business, craft or profession.
(b) If time is of the essence for delivery within 30 days, or you have indicated another date by which you must receive the Product, please notify us via the contact details set out in clause 15(a).
(c) If we fail to deliver your Products within 30 days of the day on which we accept your order then you may cancel your order immediately if either:
- (i) we have refused to deliver the Products;
- (ii) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- (iii) you told us before we accepted your order that delivery within the delivery deadline was essential.
(d) If you do not wish to cancel your order straight away, or do not have the right to do so under clause 12(c), you can give us a new deadline for delivery, which must be reasonable, and you can cancel if your order if we do not meet the new deadline.
(e) If you do choose to cancel your order for late delivery under clause 12(c) or clause 12(d), you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
(f) You may cancel your order for Products at any time before we dispatch the Products by contacting us via the contact details set out in clause 15.
(g) In addition to our returns policy set out in clause 10, you also have the legal right to cancel your contract with us from any time after you receive your confirmation dispatch email to up to 14 days after receiving your Product(s) from us. If you have ordered more than one Product and your order has been split into more than one delivery you have 14 days from the date upon which the last of the Products from that order is delivered. Please note we must receive notification from you within the 14 day deadline for you to exercise your legal right to cancel. Please use the email address at clause 15 to give us notifications, with your order number in the subject line. If you are posting or emailing notice of your cancellation to us then your cancellation is effective from the date you send us the e-mail.
(h) The cancellation right set out in clauses 12 (f) and (g) do not apply in the case of any personalised Products you have purchased from our Website, any securely sealed Products which you have unsealed, any travel tickets you have purchased or if you are purchasing from our Website as a business customer.
(i) We are under a legal duty to supply Products that are in conformity with this contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 10 or anything else in these Sales Terms and Conditions and, in particular, we will perform our obligations under these Sales Terms and Conditions with reasonable care and skill. Advice about your legal rights is available from your local Citizen's Advice Bureau or Trading Standards office.
13. Business Customers
(a) You will be a business customer if you are purchasing goods from this Website for purposes relating to your trade, business, craft or profession.
(b) You confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
(c) You acknowledge that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Sales Terms and Conditions.
(d) We may be able to supply you with an invoice for your accounting purposes but this is entirely at our discretion. Please contact us using the contact details set out in clause 15 with such requests, with the subject line 'Business Customer Invoice Request'.
(e) Subject to clause 14(b), our total liability to you in respect of all losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.
(f) If you are purchasing as a business only you agree that neither of us shall have any claim for innocent or negligent misrepresentation.
(g) We do not in any way exclude or limit our liability for any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples).
(h) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail using the contact details set out in clause 15.
(i) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9:00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
(j) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such email was sent to the specified e-mail address of the addressee.
(k) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
14. Limitation of Liability and Legal Compliance
(a) If we fail to comply with these Sales Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Sales Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
(b) We only supply Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, loss of goodwill, loss of anticipated saving, loss or corruption of data, information or software or any indirect or consequential loss.
(c) You agree that you will not use, sell or supply any product(s) purchased from BHF Shops Limited in an unlawful manner and, in particular, will comply with all export controls and sanctions rules.
(d) We do not in any way exclude or limit our liability for:
- (i) death or personal injury caused by our negligence;
- (ii) fraud or fraudulent misrepresentation;
- (iii) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- (iv) defective products under the Consumer Protection Act 1987.
(e) Any products we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund.
(f) We are only responsible for losses that are a natural, foreseeable consequence of our breach of these Sales Terms and Conditions. We will not be liable to you if we are prevented or delayed from complying with our obligations under these Sales Terms and Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.
(g) You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice.
(h) In any event we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.
15. Contacting Us
(a) If you have any general enquiries, comments or complaints about the Website then please address them to: British Heart Foundation, Crown House, Church Road, Claygate, Esher, Surrey, KT10 0BF. Please do not send returns to this address. Email: [email protected]
16. Pre-ordered Items
(a) Items that are available for pre-order will be clearly marked on the Website.
(b) If you place an order for a pre-ordered item then we will dispatch it once the release date passes and the item is made available.
(c) Should any problems occur with the availability of your pre-ordered item then we will let you know as soon as possible.
(d) Our usual cancellation and returns policies apply to all pre-ordered items.
17. Medical device Items
(a) You acknowledge that, should you or any third party use a medical device supplied by us, any such use is carried out entirely at that party’s own risk. The BHF accepts no liability for any special, direct, indirect, or consequential damages of any nature whatsoever resulting from any use of such a medical device, including but not limited to any defibrillator product (except in respect of death or personal injury resulting from our negligence).
(b) You acknowledge that you are responsible for ensuring you, or any third party who uses a medical device, does so only as specified in the applicable manufacturer user guide.
18. Assignment of this Contract
(a) We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
(b) You may not assign or sub-contract any of your rights or obligations under these Sales Terms and Conditions to any third party unless we agree in writing.
19. Third Party Rights
(a) Any contract entered into under these Sales Terms and Conditions is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
(a) Each of the paragraphs of these Sales Terms and Conditions operates separately. If any court or relevant authority decides that any of them (or any part) are unlawful or unenforceable, the remaining paragraphs (and part-paragraphs) will remain in full force and effect.
21. Entire Agreement, Waiver and Interpretation
(a) These Sales Terms and Conditions constitute the entire agreement between BHF Shops Limited and you and takes the place of all prior agreements, representations, statements and understandings between BHF Shops Limited and you regarding the use of the Website and the purchase of Products.
(b) The failure of BHF Shops Limited to exercise or enforce any right or provision of these Sales Terms and Conditions or the delay by BHF Shops Limited in so doing shall not constitute a waiver of such right or provision.
(c) The section titles in these Sales Terms and Conditions are for convenience only and have no legal or contractual effect.
22. Governing Law and Jurisdiction
(a) These Sales Terms and Conditions shall be governed and interpreted in accordance with English law, and you consent to the exclusive jurisdiction of the English courts in respect of any dispute in relation to and arising from these Sales Terms and Conditions (including non-contractual disputes or claims).