TERMS AND CONDITIONS OF SALE (CONSUMERS)
36&5 Limited trading as The Handmade Christmas Co.
Company No. 08938358 (England & Wales)

 

Please read these terms and conditions carefully.
We can accept your order and make a legally binding agreement without further reference to you. If you do not accept these terms, do not place an order.

 

If you are unsure about anything, contact us before ordering:
Email: he**@*****************co.com
Telephone: 020 3750 3012
Registered office: Unit 11, Cricket Lane, Beckenham, BR3 1LB

 

Last updated: 01/09/2025

1. APPLICATION AND WHO WE ARE
1.1 These Terms and Conditions apply to the purchase of goods by you (the Customer, you) from us (the Supplier, we, us).
1.2 We are 36&5 Limited (trading as The Handmade Christmas Co.), a company registered in England and Wales under number 08938358, whose registered office is Unit 11, Cricket Lane, Beckenham, BR3 1LB.
1.3 These terms apply to consumer purchases only. If you are buying wholly or mainly for business purposes, please contact us as different terms may apply.
1.4 You must be at least 18 years old and legally capable of entering into a contract to purchase from the Website.

 

2. INTERPRETATION AND DEFINITIONS
2.1 Consumer means an individual acting for purposes wholly or mainly outside their trade, business, craft or profession.
2.2 Contract means the legally binding agreement between you and us for the supply of the Goods.
2.3 Delivery Location means the address specified in your Order for delivery of the Goods.
2.4 Multi-Occupancy Address means any address where deliveries are commonly received in a shared area and distributed internally, including (without limitation) office buildings, council/government buildings, schools, hospitals, business parks, serviced offices, multi-let buildings, apartment blocks, concierge/reception-managed buildings, and any address with a central post room/mailroom.
2.5 Authorised Recipient means any person at the Delivery Location who accepts delivery on your behalf, including (without limitation) reception/concierge, security, post room/mailroom staff, building management, colleagues, neighbours, or any third party you nominate or who is reasonably treated by the carrier as authorised to accept delivery at that address.
2.6 Proof of Delivery means carrier delivery data showing delivery at the Delivery Location, which may include tracking confirmation, delivery scan, signature or name capture, delivery photograph, GPS coordinates/device geolocation, and timestamp.
2.7 Goods means the goods advertised on the Website which we supply to you as set out in the Order.
2.8 Order means your order for Goods submitted via the Website checkout process.
2.9 Website means https://handmadechristmasco.com
2.10 Chargeback means any reversal, retrieval request, dispute, chargeback, refund, or “clawback” initiated through a bank, card issuer, card scheme, payment provider, or wallet provider.
2.11 Dispute Fees means any fees, penalties, administration charges or costs charged to us by our payment provider, acquirer, card scheme, bank or courier in connection with a Chargeback, dispute, retrieval request, or investigation.
2.12 Durable Medium means paper or email (or any other medium that enables you to store information for future reference and allows unchanged reproduction).

 

3. KEY TERMS YOU MUST UNDERSTAND (SUMMARY)
3.1 Goods must be paid for. A bank refund or Chargeback does not make delivered goods “free”.
3.2 Delivery to a Multi-Occupancy Address (including a central post room/reception) is treated as complete once accepted by an Authorised Recipient at that address.
3.3 If a Chargeback is raised after Goods have been delivered in accordance with this Contract, you remain liable for:
(a) the price of the Goods; and
(b) any Dispute Fees charged to us as a direct result of that Chargeback; and
(c) reasonable and evidenced costs we incur to recover payment or recover unpaid Goods.
3.4 Title (ownership) in the Goods does not pass until we have received cleared payment in full and that payment is not subsequently reversed or clawed back.

 

4. GOODS
4.1 Descriptions of Goods on the Website, catalogues, brochures or advertisements are for illustrative purposes. Colours and appearance may vary slightly due to photography/printing/screen settings.
4.2 For any personalised or made-to-order Goods, you are responsible for ensuring that all information, spelling, dates, personalisation text and specifications you provide are accurate.
4.3 All Goods are subject to availability. If we cannot supply an item, we will contact you and offer a substitute or a refund for the unavailable item.
4.4 We may make minor changes to Goods where required to comply with law or safety requirements, or to reflect supplier changes, without materially reducing quality or value. Where practicable, we will notify you.

 

5. PERSONAL INFORMATION AND CONTACT
5.1 We process personal information in accordance with our Privacy Policy (available on the Website).
5.2 You agree we may contact you by email, telephone and post regarding your Order, delivery, queries, complaints, refunds, disputes and recovery of sums due.

 

6. WEBSITE ORDERS AND CONTRACT FORMATION
6.1 The Website content is an invitation to treat and not a contractual offer.
6.2 The Order process allows you to check and correct errors before submitting your Order. You are responsible for ensuring the Delivery Location and recipient details are correct.
6.3 A Contract is formed only when we send you an email confirming acceptance of your Order (Order Confirmation). If we reject an Order, we will refund any payment taken for that Order.
6.4 You must check the Order Confirmation and contact us promptly if anything is incorrect. We are not responsible for errors in the Order information you submit.

 

7. PRICE AND PAYMENT
7.1 Prices and delivery charges are shown at checkout at the time you place your Order, unless we agree otherwise in writing.
7.2 Prices include VAT where applicable.
7.3 Payment is due at the time you place your Order. You authorise us (via our payment provider) to take payment using the payment method provided at checkout.
7.4 Klarna: where offered, Klarna payment options are provided by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. Klarna terms are available at: https://www.klarna.com/uk/terms-and-conditions/ and Klarna privacy information at: https://www.klarna.com/uk/privacy/ (or Klarna’s latest published privacy notice).
7.5 Title (ownership) in the Goods will not pass to you until we have received cleared payment in full for the Order and that payment is not subsequently reversed or clawed back (including by Chargeback).
7.6 If any payment is reversed or clawed back after delivery, that payment will be treated as not received for the purposes of this Contract.

 

8. CHARGEBACKS, DISPUTES AND UNPAID GOODS (IMPORTANT)
8.1 You should contact us first if you believe there is a problem with your Order, delivery, or the Goods. We will investigate and attempt to resolve matters fairly.
8.2 If you initiate a Chargeback (or other payment dispute) and the Goods have been delivered in accordance with this Contract, you remain liable to pay:
(a) the full price of the Goods; and
(b) the Dispute Fees charged to us as a direct result of your Chargeback; and
(c) any reasonable and evidenced costs we incur to recover payment or recover unpaid Goods (including courier return/collection/storage charges and reasonable third-party debt recovery costs where used).
8.3 Dispute Fees are charged to us by banks/card schemes/payment providers and may vary over time. We charge Dispute Fees at cost (the amount charged to us) and will provide evidence of those fees on request.
8.4 For transparency, as at the “Last updated” date above, typical fees we may incur (and pass on at cost where clause 8.2 applies) include:
(a) a dispute/chargeback fee (commonly £15); and
(b) an additional fee where we submit a formal response/representment (commonly £15).
8.5 If sums become payable under clause 8.2, we may issue an invoice and payment will be due within 7 days of the invoice date.
8.6 Where permitted by law, regulation and payment scheme rules, you authorise us to take any sums properly due under clauses 8.2–8.5 from the same payment method used for the original Order. If we are unable to process such a payment (including due to authentication requirements), the invoice remains payable by you by bank transfer or another method we specify.
8.7 If you initiate multiple disputes/chargebacks connected to the same Order, you will be liable for all Dispute Fees and recovery costs incurred as a result (at cost and evidenced).
8.8 A Chargeback is a card scheme/bank process and does not determine the underlying contractual position between you and us.

 

9. DELIVERY
9.1 We will deliver the Goods to the Delivery Location by the time or within the period stated at checkout or in the Order Confirmation, or (if no time is stated) without undue delay and in any event within 30 days of Contract formation.
9.2 Dispatch estimates are not guaranteed delivery dates.
9.3 We may deliver in instalments where there is a genuine and fair reason (for example stock availability). You will not be charged extra delivery for instalments where instalments are due to our stock situation.

 

10. DELIVERY TO MULTI-OCCUPANCY ADDRESSES, OFFICES AND CENTRAL POST ROOMS
10.1 If you choose delivery to a Multi-Occupancy Address, you expressly authorise delivery to an Authorised Recipient at that address, including reception/concierge/security/post room/mailroom/building management.
10.2 Delivery is treated as complete when the carrier delivers the Goods to the Delivery Location and they are accepted by an Authorised Recipient.
10.3 Once delivery has been accepted at a Multi-Occupancy Address (including via a communal post room, reception, security desk or building management), we are not responsible for any loss, misrouting, theft, internal distribution issues, refusal by an internal department, non-acknowledgement, or other issues occurring after that point within the building/organisation’s internal mail handling process.
10.4 If the Delivery Location has policies that prevent or restrict receipt of gifts (including workplace policies, government/council policies, hospitality/anti-bribery rules, or internal mailroom policies), it is your responsibility to ensure the Delivery Location and intended recipient can accept the delivery. If delivery is refused, returned, destroyed or disposed of due to such policies, it will be treated as a failed delivery and you will remain responsible for the Order price and any additional charges incurred (including return, storage or re-delivery fees charged by the courier).
10.5 If you require delivery to a named individual only (and such a service is available), it is your responsibility to select the appropriate delivery option and provide any necessary instructions at checkout.

 

11. PROOF OF DELIVERY AND DELIVERY QUERIES
11.1 You agree that Proof of Delivery constitutes evidence that delivery has occurred at the Delivery Location.
11.2 Where Proof of Delivery shows delivery to a Multi-Occupancy Address and acceptance by an Authorised Recipient, delivery will be treated as complete for the purposes of this Contract.
11.3 If you believe the Goods were not received after Proof of Delivery, you must notify us promptly (and in any event within 7 days of the stated delivery date) so we can investigate with the carrier and, where relevant, ask the Delivery Location to check internal mail handling.

 

12. FAILED DELIVERY / UNDELIVERED PARCELS
12.1 If delivery fails due to incorrect/incomplete address details, refusal, lack of access, or failure to collect/re-arrange delivery, we may charge you the courier’s actual costs for storage, return or re-delivery (at cost and evidenced).
12.2 Where we offer re-delivery after a failed delivery, we may require payment of additional courier charges before re-dispatch.

 

13. INTERNATIONAL DELIVERY
13.1 We generally deliver within the UK (England, Wales, Scotland, Northern Ireland) and may also deliver to the Isle of Man and Channel Islands where offered at checkout.
13.2 If we accept an Order for delivery outside the UK, you may need to pay import duties, customs charges or local taxes. We do not pay these.
13.3 We do not guarantee delivery dates for international shipments and are not responsible for delays caused by customs or local authorities.

 

14. RISK AND TITLE
14.1 Risk of loss or damage passes to you when the Goods are delivered to you or an Authorised Recipient at the Delivery Location.
14.2 Title to the Goods remains with us until we have received cleared payment in full and that payment is not subsequently reversed or clawed back (including by Chargeback).
14.3 If payment is reversed or clawed back after delivery, you must (at our option) either:
(a) pay the outstanding sums immediately; or
(b) arrange return of the Goods in unused condition (where possible) in accordance with our instructions and at your cost.
14.4 If you do not comply with clause 14.3, we may take steps to recover the sums due and/or recover the Goods through the civil courts and/or third-party recovery agents where appropriate.

 

15. YOUR STATUTORY RIGHTS
15.1 Nothing in these Terms affects your statutory rights under UK consumer law. In particular, you have legal rights in relation to Goods that are faulty, not as described, or not of satisfactory quality.

 

16. CANCELLATION (COOLING-OFF) – CONSUMER CONTRACTS REGULATIONS
16.1 Where the law gives you a right to cancel (for most non-personalised, non-perishable Goods), you may cancel within 14 days without giving a reason.
16.2 The cancellation period ends 14 days after the day you (or a person you nominate) receive the Goods.
16.3 To cancel, you must inform us by a clear statement (email or letter). You may use the model cancellation wording in clause 16.11.
16.4 If you cancel, we will reimburse payments received from you, including standard delivery costs (but not any extra cost of a premium delivery option you chose), within 14 days of receiving the returned Goods or evidence of return (whichever is earlier).
16.5 You must return the Goods without undue delay and within 14 days of notifying us of cancellation.
16.6 You must bear the cost of returning Goods unless we agree otherwise.
16.7 We may reduce your refund to reflect any loss in value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

16.8 IMPORTANT EXCEPTIONS: The right to cancel does not apply to:
(a) Goods made to your specifications or clearly personalised; and/or
(b) sealed goods that are not suitable for return due to health protection or hygiene reasons if unsealed after delivery; and/or
(c) goods liable to deteriorate or expire rapidly (including many food and beverage items), and/or
(d) other categories excluded by applicable consumer law.
16.9 For hampers containing food and/or perishable items, cancellation rights may be limited or excluded under clause 16.8. Where cancellation is not available, you may still have statutory rights if Goods are faulty or not as described.
16.10 If you wish to cancel an Order before dispatch, contact us immediately. If we have not started personalised work or dispatched perishable items, we may be able to cancel and refund.
16.11 Model cancellation statement:
“To: 36&5 Limited trading as The Handmade Christmas Co., Unit 11, Cricket Lane, Beckenham, BR3 1LB, he**@*****************co.com
I/We hereby give notice that I/We cancel my/our contract of sale of the following goods: [insert]
Ordered on [insert] / received on [insert]
Name of consumer(s)
Address of consumer(s)
Signature (if sent on paper)
Date”

 

17. RETURNS OUTSIDE CANCELLATION RIGHTS
17.1 Any goodwill returns (where offered) are at our discretion and may be subject to conditions, especially for food, personalised items, and seasonal products.

 

18. CONFORMITY, FAULTY GOODS AND REMEDIES
18.1 We have a legal duty to supply Goods that conform to the Contract.
18.2 If Goods are faulty, not as described, or not of satisfactory quality, you may be entitled to remedies under UK consumer law, including repair, replacement, price reduction or refund depending on circumstances.
18.3 Contact us as soon as possible with your order number, details of the issue, and photos where relevant.

 

19. THIRD-PARTY CONTACT FOR DELIVERY, INVESTIGATION AND RECOVERY
19.1 Where you request delivery to a third-party recipient or address, you confirm you have permission to provide us with the recipient’s name and address for the purposes of fulfilling the Order.
19.2 If a Chargeback or dispute is raised in circumstances where delivery has occurred, you agree that we may contact the Delivery Location, carrier, building reception/mailroom, or intended recipient for the limited purposes of:
(a) confirming delivery,
(b) tracing the parcel within the building’s internal mail handling process, and/or
(c) arranging return of Goods which remain unpaid for and therefore remain our property until paid.

 

20. CIRCUMSTANCES BEYOND OUR CONTROL
20.1 We are not responsible for delays or failures caused by events beyond our reasonable control (for example severe weather, transport disruption, strikes, pandemics, governmental actions, or carrier network outages). This does not affect your statutory rights.

 

21. LIMITATION OF LIABILITY
21.1 We do not exclude or limit liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any matter for which it would be unlawful to exclude or limit liability.
21.2 Subject to clause 21.1, we are responsible for foreseeable loss or damage caused by our breach of this Contract or failure to use reasonable care and skill. We are not responsible for losses that are not foreseeable.
21.3 We supply Goods for domestic and personal use. If you use Goods for any commercial/business purpose, we will not be liable for business losses (including loss of profit, revenue, business interruption, or loss of business opportunity).

 

22. PRIVACY AND DATA PROTECTION
22.1 We comply with applicable data protection laws including UK GDPR and the Data Protection Act 2018.
22.2 Our Privacy Policy forms part of these Terms and is available on the Website.
22.3 For data protection enquiries, contact: le***@*******x5.com

 

23. COMPLAINTS
23.1 If you have a complaint, contact he**@*****************co.com with your order number and details. We aim to respond within 5 working days.

 

24. GOVERNING LAW AND JURISDICTION
24.1 These Terms and the Contract (including non-contractual matters) are governed by the law of England and Wales.
24.2 The courts of England and Wales have jurisdiction, except that if you live in Scotland or Northern Ireland you may bring proceedings in your local courts.

 

25. GENERAL
25.1 We may transfer our rights and obligations under a Contract to another organisation. We will ensure this does not affect your rights under the Contract.
25.2 You may not transfer your rights or obligations under these Terms without our written consent.
25.3 If a court finds part of these Terms unlawful, the rest remains in force.
25.4 If we do not enforce a term, this does not mean we waive our right to enforce it later.
25.5 These Terms and the Order Confirmation constitute the entire agreement between you and us regarding your purchase.

 

END