Terms and Conditions

Please click on the button marked "I Accept" on the order page if you accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

www.amberpumpkin.com is a site operated by Amber Pumpkin Limited ("we" or “us”). We are registered in England and Wales under company number 7310996. Our registered office address is Turner House, Mill Lane, Alton, GU34 2QG  and our email address is shop@amberpumpkin.com.

Our site is only intended for use by people resident in countries other than the USA and Canada. We do not accept orders from individuals resident in the USA and Canada due to insurance restrictions.

(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old
(c) You are not resident in the USA or Canada.
(d) You are aware and accept that any amber products are NOT to be used on those under 36 months as they can present a choking hazard.
(e) You are responsible for any customs and import taxes that may apply. I'm not responsible for delays due to customs.

Please see https://amberpumpkin.com/amber-safery-information/amber-safery-information.html for safety information.

5. CONSUMER RIGHTS

6. AVAILABILITY AND DELIVERY

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 28 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

8. PRICE AND PAYMENT

8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 Payment for all Products must be by credit card or Paypal. We accept payment with Visa, Visa Debit, Mastercard, Visa Electron and Solo.
8.7 If we are delivering Product(s) to you outside of the United Kingdom, import duty and other duties and taxes may apply to your import of the Product(s). We shall not be liable under any circumstances for the payment of such duties or taxes.

9. GIFT VOUCHERS

9.1 Vouchers may only be redeemed against Products that are available at the time of you making your order.
9.2 Vouchers are valid for a period of 12 months from the date of issue at which time they will expire. Following the expiry of a Voucher, the Voucher will be void and it may no longer be redeemed.
9.3 Vouchers may be redeemed against Products of a higher price than the face value of the Voucher. In such case, the redeemer shall pay us the balance by credit card or Paypal.
9.4 Where the value of the Product for which the Voucher is redeemed is less than the aggregate value of the Voucher(s) presented, no refund will be provided.
9.5 Vouchers cannot be exchanged for cash and are non transferable and non refundable.
9.6 We accept no responsibility for lost, stolen, or damaged Vouchers and such Vouchers shall not be refunded.
9.7 Voucher quantities should be checked immediately upon receipt. Any discrepancies must be notified to us immediately. We will not be held responsible for shortage or loss of any Vouchers not notified to us within three days of delivery.

10. OUR REFUNDS POLICY

10.1 When you return a Product to us:

(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because have notified us in accordance with paragraph 19 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

10.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time

11.12 We shall not be liable under any circumstances for any death or personal injury caused by use of the Products except where caused by our negligence.

11.13 You accept that amber products are NOT to be used by under 36 months as per the warnings on our site. Please ensure you read our Safety information page  https://amberpumpkin.com/amber-safety-information.html before you purchase.

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

All notices given by you to us must be given to Amber Pumpkin Limited at 23 Hazel Road, Four Marks, Alton, Hampshire GU34 5EY. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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 e-mail was sent to the specified e-mail address of the addressee.

14. TRANSFER OF RIGHTS AND OBLIGATIONS

14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

15.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).