Terms and Conditions
Thanks for visiting Fountain of Giving. We’ll do all we can to ensure you have an enjoyable shopping experience, and that you are completely happy with your engraved message and any merchandise purchased.
Fountain of Giving ltd will be referred to as FoG Ltd for the purpose of this document.
1. Introduction
These terms and conditions (the “Terms”) set out your rights and obligations, and those of Fountain of Giving Limited (“we” or “us”), in relation to this website www.fountainofgiving.com (the “Website”), any FoG Ltd application that you access (the “App”) and any products, services and material of any kind available through the Site, the App or us (the “Services”).
We are a company registered in England and Wales under registration number 9297369 under the name Fountain of Giving Limited; the address of our registered office is at Sussex Game Farm, Kirdford, Billingshurst, West Sussex RH14 0JN. Our VAT registration number is 938036415
When we refer to Fountain of Giving Ltd, “FoG Ltd”, in these Terms, we mean us, the Site, the App and/or the Services, according to the context.
By registering with Fountain of Giving Ltd on the website you accept that you are entering into a contract with us under these Terms. People who register with and establish an “Account”, and become “Users”. Visitors to www.fountainofgivng.com who do not register with FoG ltd, but who nevertheless use the Site or download the App, affirm that they are bound by these Terms each time they access www.fountainofgiving.com.
You must be at least 16 years of age to use this website or the app.
If you do not agree to these Terms, you must not use this Website or the App.
You should be aware that we may change these Terms and Conditions at any time without notice by updating the terms shown on this website. It is your responsibility to review the website terms. Your use of this website after a change has been made signifies your acceptance of the revised terms.
You will be able to access most areas of www.fountainofgiving.com without registering your details with us. Other areas, and the opportunity to place orders with us, are only open to you if you register and/or agree to the Terms & Conditions and Privacy Notice, and I am 16 years or older.
2. Trading details
Whenever you buy a product through this Website or the App, you will be contracting with Fountain of Giving Limited, a limited liability company incorporated in England and Wales under company number 9297369
Registered office: Sussex Game Farm, Kirdford, Billingshurst, West Sussex RH14 0JN United Kingdom
3. Ordering
3.1. Product description
We use our reasonable endeavours to make sure that every product/service on Fountainofgiving.com is shown accurately and that prices are correct. However, occasionally there may be small variations in colour, typefaces and layout. Products made from natural materials have variations.
3.2. Placing your order
A contract for the purchase of a product, including message engraving and not exclusive to, is created as follows:
The order process is set out step by step on the website. Each step allows you to check and amend any errors before submitting the order. It is your responsibility to check that you have used the process correctly and are responsible for spelling errors, lay out and punctuation of your message.
The User places the order on the Site or App by pressing an order confirmation button (“Checkout”) at the end of the checkout process:
By confirming your order, you are agreeing to purchase the product you have selected
At this point, we take payment for your order by means of your nominated payment method
We will send to you a “Thank you for your order” email detailing your order, and other information we must provide to you
Replica wooden leafs, engraved with your message, and your certificate will take minimum seven working days from order to despatch.
You cannot cancel a personalised product once the order has been processed.
The order has been processed once you have received an Order Confirmation or ”thank you for your order” from Fountain of Giving Ltd via email.
Purchasing the right to engrave a message on a copper leaf does not mean you are purchasing the, copper leaf, physical product, and you do not own, have rights of ownership or have any rights to the engraved copper leaf. You are purchasing the right to have the leaf engraved with your message. No warranty is given with the purchase of these services.
The location of the Fountain of Giving tree with your engraved message can be changed and the tree re located to another more suitable site if Fountain of Giving, at its sole discretion, deem it necessary to do so, for example if the original site closes to the public.
From time to time, we may reject an order for the following reasons:
a. If, unfortunately, we do not have your chosen product in stock
b. Where we cannot obtain authorisation for your payment
c. If there has been a relevant pricing or product description error
d. If your order otherwise breaches any of the requirements of these Terms.
e. The use of text for a personalised product which are unsuitable, unsupported technically.
f. If a personalised product you wish to order contains anything which contravenes, or appears to contravene, our Content Rules.
g. We suspect that the order has been placed fraudulently
h. It appears that the order mistakenly duplicates another order
If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order.
There are no circumstances in which you may cancel an order after it has been made and secured with a payment. We do not refund personalised ‘physical products’, example engraved wooden leaf, unless the product is faulty.
Note that we may bar or prevent an individual Account, User, email address or other identifier from making purchases or otherwise interacting with us where we reasonably suspect an association with fraud or other infringements of the law.
3.3. Personalising products
Fountain of Giving Ltd aims to provide you with a fast, high-quality service. Please double-check your order on screen and your acknowledgement email carefully to check that all the details are correct. It is up to you to ensure that content you have contributed for inclusion on your engraved personalised leaf is correct, and (for example) is correctly spelt.
By uploading, posting, contributing or including any content or material in a personalised product, you grant us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that content or material solely for the purpose of performing obligations and exercising rights under these Terms. Note that we may modify content or material in order to conform it to Fountain of Giving Ltd or the requirements of the product you have ordered (such as by cropping images).
3.4. Content Rules
We do not permit personalised products to include any content or material which:
infringes anyone’s copyright: in particular, you must ensure that you either own the copyright or any other content that you wish to include in a personalised message or that you are fully licensed by the copyright
owner to include that message text or other content in the personalised product.
infringes any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality
contravenes any applicable law (including, without limitation, any criminal law) or regulation
is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person
misrepresents identity or impersonates any person
includes any material containing personally identifying information about another person, such as their address, phone number, or email address, except with the written approval of that person
contains material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group
may harass, upset, embarrass or alarm any person
gives the impression that it emanates from or has been approved by us
3.5. Ordering multiple products
When ordering multiple products as part of the same order, FoG Ltd will inform you on-screen as to whether they will (or can) be despatched as part of the same delivery
3.6. Payment
At FoG Ltd, you can pay for your products using credit card, debit card or any other payment method which we make available to you at the time of your order.
Post and Packaging for the delivery of the certificate is included in the cost of engraving purchase. Re prints will be chargeable.
Packaging and delivery costs for all replica engraved leaf orders will cost the following:
Royal Mail First Class Post £1.25 for the first leaf.
Packaging and delivery costs for all other products ordered will be the same as Royal Mail latest advertised rates dependant on size & weight.
Seven day despatch for replica leaves may not be available during peak periods such as Christmas, Valentine’s Day, Mother’s Day and Father’s Day.
Due to any major or unprecedented mechanical fault or unforeseen force majeure FoG Ltd will endeavour to get all orders despatched in the post as soon as possible.
FoG Ltd reserves the right the change the postage/carriage cost at any time.
4. Supply and pricing of products
4.1. Supply of Products
The products sold by us through our Website and the App are manufactured and shipped from a range of different in-house and third-party production facilities based in the United Kingdom.
4.2. Prices and VAT
All prices of products shown on the Website and the App include Value Added Tax at the prevailing rate.
4.3. Postage and packaging charges
For most items, prices are shown exclusive of postage and packaging charges; these will be shown separately at the checkout stage before you place your order. In some cases, prices shown may include postage and packaging. If this is the case this will be clearly stated.
4.4. VAT Receipts
In most cases your order confirmation email contains all the necessary information to constitute a simplified VAT receipt in line with the HMRC guidelines. However, should you require a Full VAT invoice you can request this via our contact page. Please allow up to 10 working days for the full VAT invoice to be sent.
5. Delivery
During the order process, Fountain of Giving Ltd will generally notify you of the despatch dates available and the expected timeframe for receiving your order; however, FoG Ltd does not guarantee delivery dates or times. We will make you aware of delivery charges (if any) before you place your order.
Expected delivery times and charges will differ depending on which products you order. More details are set out below.
5.1. General despatch information
The despatch date is the day we SEND the item you have ordered, NOT the day it will be delivered.
Your order is likely to arrive much faster if you use a postcode
You can check that you have the correct postcode by using the Royal Mail’s handy postcode finder available at www.royalmail.com/find-a-postcode. We are not responsible for the accuracy of the Royal Mail’s postcode finder
It is your responsibility to ensure that the delivery address you provide for any order you place is correct
5.2. Circumstances Beyond Our Control
Neither we, nor any delivery service that we use, shall be liable for any failure to perform Services where such failure or delay results from any circumstances outside our reasonable control; these circumstances include but are not limited to adverse weather conditions (such as snow, flood and extreme winds), fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or industrial dispute or strike.
6. Returns and refunds
At Fountain of Giving, we always try to send your products in perfect condition. However, occasionally, a problem can arise. In the unlikely event that a product is faulty, or it is damaged in delivery or is the wrong item, we ask you to contact us to let us know of the problem as soon as possible. We will then advise you on whether you are eligible for a refund.
6.1. Reporting a problem
If for any reason you are not happy with your FoG ltd order, please contact our Customer Service Team (United Kingdom), on 01403342456 or use the contact page on this site. You will need to quote your order number, the email address you have registered and the details of the problem with the order.
We aim to acknowledge any complaint within 14 working days (usually it takes 1-2 days), and will do our best to resolve it within 28 days. We may ask you to take a photograph of the product to help us communicate with our suppliers and correct any future problems.
6.2. Returning products and issuing refunds
All other branded products on the website.
Where an item is faulty, we will ask you to return it to us within three days of receipt. You can contact our Customer Service Team, on 01403342456. Your right to return items to us in accordance with these Terms is in addition to any other statutory rights you may have.
If you are eligible for a refund, we will reimburse the price you have paid for the product(s) onto the credit or debit card that you paid with. Alternatively, we may offer to replace (if applicable) and resend the item free of charge. Please not it is not our policy to offer both a refund and a resend.
7. Use of the Website
7.1. Abuse of service
You agree not to use Fountain of Giving directly or indirectly for any unlawful purpose, or to cause distress or offence to any person. You also agree not to upload, email to us text or other material which might infringe our Content Rules.
7.2. Intellectual Property
The copyright in the material contained in this website belongs to Fountain of Giving Limited or its licensors. No person may copy modify, transmit, distribute, display, reproduce, publish, license or create works from any part of this material or otherwise use if or any public or commercial use without prior express written permission from Fountain of Giving limited. You may view or print individual pages for your own personal use.
The site and the information, names, logos, images, photographs, and icons on this website which identify Fountain of Giving Limited, or third parties and their products and services are proprietary marks of Fountain of Giving Limited and/or the relevant third parties. Nothing contained on this website shall be deemed to confer on any person any licence or right on part of Fountain of Giving Ltd or any third party with respect to any such name, logo or images. Intellectual property rights reserved by Fountain of Giving ltd.
Fountain of Giving does not accept liability for any damages, including, without limitation, indirect or consequential damages, or loss of profits, or any damages whatsoever arising out of or in connection with the use of this site.
7.3. Links
Occasionally, we may provide links to other websites or resources for your convenience. We do not endorse the contents of those websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access, linked third party websites you do so at your own risk.
8. Liability
Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of products we agree to supply following our acceptance of your order. We are under a legal duty to supply goods which conform to our contract with the User.
We, our agents, directors, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption
any loss or corruption of data
any loss or damage which does not directly result from (or which exceeds that which was caused as a direct result of) our breach of this Agreement, howsoever caused or arising
Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms by you, your use of the Website or App, or anything done while your Account is logged into the Website or App.
The provisions of this section shall survive the termination or expiry of these Terms.
9. Suspension
We reserve the right at any time and without notice (a) to suspend or terminate your ability to access Fountainofgiving.com, (b) to suspend or terminate your use of all or part of the Services and/or any then-current orders for products, and/or (c) to take technical and legal steps to stop you from using fountainofgiving.com if you appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person.
In addition, we are entitled to suspend provision of all or part of the Services at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.
Contact from third parties
If anyone contacts us in relation to your or your Account’s use of Fountain of Giving or a transaction associated with you or your Account, then you agree:
to provide all reasonable information and assistance we may require in connection with responding to that contact
to respond promptly and accurately to it, should we pass the message to you for a response
10. Reviews – terms of use
By submitting a review on fountainofgiving.com you confirm and agree that:
You are the sole author of the review – none of it has been copied from elsewhere;
Your review is accurate and fair;
You are at least 18 years old;
You grant Fountain of Giving Ltd a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy and modify your review.
You also agree you will not submit a review:
That is known by you to be false, inaccurate or misleading;
That infringes anyone’s copyright, trade mark or other proprietary rights, or a duty owed to any person or entity, such as a duty of confidentiality;
That breaches any applicable law, or that advocates, promotes or assists any unlawful act
That is, or may reasonably be considered to be, offensive, abusive, threatening or defamatory;
That promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group
For which you were compensated or granted any consideration by any third party;
That references any other website or service;
That misrepresents identity or impersonates any person;
That includes any personally identifying information about any person, such as their name, address, phone number, or email address;
That is pornographic, obscene or indecent;
That may harass, upset, embarrass or alarm any person; or
That comments on any other reviewer
Fountain of Giving Ltd reserves the right, in its absolute discretion, to:
Decline to publish a review; and
Remove a review for any reason
For any review that you submit, you grant Fountain of Giving a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy, modify, delete in its entirety, adapt, publish, translate and create derivative works from that review in any medium or technology throughout the world.
FoG Ltd reserves the right to change, condense or delete any review content that it deems, in its sole discretion, to breach these Terms of Use. FoG Ltd does not guarantee that you will have any ability to edit or delete any review you have submitted. You acknowledge that you, not FoG Ltd, are responsible for the contents of your review.
By submitting your email address in connection with your rating and review, you agree that FoG Ltd and its third-party service providers may use your email address to contact you about the status of your review and for other administrative purposes.
When we refer to “FoG ltd” in these Terms, we mean Fountain of Giving Limited the www.fountainofgiving.com site.
11. Charity funds raised
A percentage of your purchase will be donated by Fountain of Giving to your chosen charity genre, like Animals and Pets, Health and Children’s, Sport and Community. These payments will be made to the charities in six monthly periodic payments. The percentage of donation can be periodically changed when Fountain of Giving deem it necessary.
Funds raised by monies being thrown into the Fountain of Giving tree pond (as wishes) or via a contactless payment solution on the site of the tree will be divided between the charities supported, once maintenance costs and expenses of the collection of such funds have been recovered.
12. Tree Location
Fountain of Giving reserve the right to put your engraved message on a different tree from your chosen location if it deems it necessary or due to circumstances beyond their control, example the site closes.
13. General
The Contracts Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
If any court or competent authority finds that the provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provision of these terms and conditions will not be affected and will continue to be binding and enforceable.
14. Law
This agreement shall be governed by and construed according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subjected to the exclusive jurisdiction of the English courts.
Any questions with regarding this site please email using the contact form.
To read Fountain of Giving privacy policy please click here.
