Terms and conditions for a hamper and gift business

A hamper business sells to one person and delivers to another, for a date that matters, a box of items with different shelf lives and, often, a bottle that needs an age check. The terms have to say who the customer is, what the recipient's rights are, describe contents with room for substitution, make delivery dates estimates while treating the occasion seriously, and run corporate orders on business terms. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Hamper, gift box, corporate gifting and luxury gift businesses in England and Wales selling to consumers and businesses online for delivery to recipients across the UK, with contents ranging from food and drink to homeware and personalised items.

What matters in hamper and gift terms

The customer, the recipient and who has the rights

The contract is with the person who orders, and the terms should say so, that the recipient receives the goods but the customer holds the contractual rights and any refund, that the customer is responsible for the recipient's address and availability, and that the recipient's data is used only to deliver. A recipient who wants to return a gift is asking about a contract they are not party to, and the terms should say how that is handled.

Contents, substitutions and mixed goods

The terms should describe hampers by their listed contents and value, allow substitution of an item of equal or greater value where stock runs out with a note in the hamper, and say which items are perishable and outside the fourteen-day cancellation right by regulation 28 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which are sealed hygiene items, and which non-perishable items may be returned unopened. Personalised items are excluded once made.

Delivery dates, occasions and safe places

Gifts are for dates. The terms should say that delivery dates are estimates, that a date can be requested and will be aimed for but not guaranteed unless a stated premium service is chosen, that the customer is responsible for a correct address and a recipient who can accept, and that a hamper left in a safe place or with a neighbour is at the customer's risk. Goods are at the business's risk until delivered, and a lost hamper is resupplied or refunded.

Alcohol, allergens and age

Hampers containing alcohol are sold under the business's premises licence under the Licensing Act 2003 with age verification required at delivery, since sale to an under-18 is an offence under section 146, and refusal where the recipient cannot prove age, and the terms should say so and that a refused delivery is returned at the customer's cost. Allergen information for food items must be available before purchase under the Food Information Regulations 2014 and should be included with the hamper for the recipient, and the terms should say that the customer is responsible for checking the recipient's needs.

Corporate orders, prices and data

Corporate and bulk orders should have their own section: a purchase order, a recipient list supplied by the client with the client responsible for consent to use it, invoicing with interest and fixed compensation on late payment under the Late Payment of Commercial Debts (Interest) Act 1998, and cut-offs for seasonal peaks. Prices include all mandatory charges under the Digital Markets, Competition and Consumers Act 2024, card payments carry no surcharge, and the privacy notice governs customer and recipient data.

What it costs

Customer or supplier terms and conditions, £995. One set of terms, customer-facing or supplier-facing, drafted for your business. Five working days.

Review of your existing terms, £495. You already have terms and want them checked and brought up to date. Returned marked up with my amendments and an explanation of the changes. Three working days.

Email me at geoffrey@caesar.co.uk with what you need and any documents, and I will confirm the scope and the fee in writing, usually the same working day.

What you get

• A full set of bespoke terms drafted for your business, reflecting the legal requirements that apply to your business and sector
• A note in plain English explaining the terms I have drafted for you
• Liability, payment, termination and IP provisions that protect your position and are drafted to withstand scrutiny from the other side
• Guidance on how to incorporate the terms properly
• Your questions and comments answered by email or phone
• One round of amendments to finalise the terms ready for use

What is not included

• Negotiating your terms with individual customers (I am happy to quote for this as an additional service if required)
• Sector-specific regulatory compliance beyond the contract terms themselves
• Website privacy notice and cookie compliance, which I quote separately
• Terms governed by the law of another country
• Tax advice

Questions I am often asked

The hamper arrived a day after the birthday. Does the customer get a refund?

If the terms say delivery dates are estimates and a date is aimed for but not guaranteed unless a premium service was bought, no. Where a guaranteed service was bought and missed, refund the premium and consider the rest.

A recipient wants to return a hamper they did not want. Can they?

The contract is with the customer, and the terms should say that returns and refunds go through the customer. Non-perishable items can be returned unopened under the customer's cancellation right; food and drink cannot.

A corporate client gave us a recipient list. Whose data is it?

The client's, and the terms should say the client is responsible for having the right to give it to you for delivery. You process it only to deliver the gifts.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for a food producer selling online
• Terms and conditions for a florist selling online

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.