Terms and ConditionsThis page gives information about who we are and the Terms and Conditions that apply to your use of the Flowers for Florists Ltd Website(s): shop.flowersforflorists.co.uk and flowersforflorists.co.uk (Website Terms and Conditions) and any and all purchases which you make online using this Website (General Terms and Conditions of Sale). This Website is owned and operated by Flowers for Florists Ltd, a company registered in England and Wales No: 11157521. As a user of this Website you accept that by accessing, browsing, using or registering with this Website you have read, understand and agree to the Website Terms and Conditions laid out here. Please read through these terms and conditions with due care before using this Website. If you do not agree with all of these terms and conditions you must not use the Website. The Standard Terms and Conditions of Purchase shall be deemed to be incorporated into your online purchase. By making your purchase with us online you signify your agreement to be bound by these terms and conditions. Whenever you use this Website to order or purchase a product or goods from us our Website Terms and Conditions will apply to your use of the Website in addition to the General Terms and Conditions of Sale. DEFINITIONS The following definitions apply to the Terms and Conditions set out below that govern the use of this Website and the Sale of goods to you by us. "company", "we", "our" and "us" means Flowers for Florists Ltd, a company registered in England and Wales Company No: 11157521 | VAT No: 288533462 | Registered office: Endeavour House, 78 Stafford Road, Wallington, SM6 9AY, Business address; Flowers for Florists Ltd, Eastbourne Road, South Godstone, RH9 8JB and its agent(s), successors in title or assigns as the case may be; "customer", "you" and "your" means a person, business or agency using the Website to place an order whether directly or indirectly with us and any agency placing such an order on a third party's behalf; “the Website" and "this Website” applies equally to either of the two websites operated by the company specifically: www.flowersforflorists.co.uk or www.flowersforfloristssupplies.co.uk "contract" means the agreement between the Customer and the Company comprising the General Terms and Conditions of Sale; "cookie" means a packet or piece of data or other information sent by a web server to a client device, to be stored on that client device and which is sent back to that web server each time the client device makes additional requests from that web server; "law" means any law, statute, statutory provision, subordinate legislation, rule, regulation, direction, guideline, code (whether having the force of law or not) of any governmental or regulatory authority or agency. “spam” means unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose.
1. WEBSITE TERMS AND CONDITIONS 1.1 Acceptable use You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website. You must not use this Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any Website linked to it. You must not use this Website to transmit or send unsolicited commercial communications. You must not use this Website for any purposes related to marketing. 1.2 Intellectual property rights We are the owner or the licensee of all intellectual property rights in this Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out elsewhere in these terms and conditions. You must not:
If you print off, copy or download any part of our site in breach of these terms of use, your right to use this Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. 1.3 Cookie Policy We use cookies to analyse trends and track users' movements. This is carried out using a product called Google Analytics which generates statistical and other information about website use by means of cookies, which are stored on users' computers. You may refuse the use of cookies by selecting the appropriate settings on your browser but be aware that some of this Website’s functions may not work well or at all. By using this Website, you consent to the processing of data about you by BSPAR and Google Analytics in the manner and for the purposes set out above. For full details see our Privacy and Cookies page on this website. 1.4 Warranties and Liability While we try at all times to ensure that the information on this Website is complete, true, accurate or non-misleading, we make no representations, guarantees or warranties express or implied statutory or otherwise in relation to the information provided on this Website. Nothing on this Website constitutes, or is meant to constitute, advice of any kind. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We aim to update our site regularly and may change the content at any time. We will not be liable if for any reason our site is unavailable at any time or for any period. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and We accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site. Limitations of liability To the extent permitted by law, we and third parties connected to us shall not be liable in contract, tort (including negligence) or for breach of statutory duty or in any other way for:
These limitations of liability apply even if Flowers for Florists has been expressly advised of the potential loss. Exceptions Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Website disclaimer will exclude or limit Flowers for Florists Ltd liability in respect of any:
Reasonableness By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable. If you do not think they are reasonable, you must not use this Website. Variation We reserve the right to change and update these Website Terms and Conditions periodically and recommend that you revisit this page regularly to keep informed of the current Website Terms and Conditions that apply to your use of this Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Website Terms and Conditions.
2. GENERAL TERMS AND CONDITIONS OF SALE AND CONTRACT The General Terms and Conditions of Sale set out here govern the supply of goods sold by Flowers for Florists Ltd to the customer named on the order form provided on this Website. These Terms and Conditions do not affect your statutory rights. By making a Purchase with the Company the Customer accepts in full the Contract. The Contract is non-cancellable by the Customer. By placing and order with us you confirm that you are over 18 of age. 2.1 Product Descriptions and Availability While Flowers for Florists Ltd has taken reasonable precautions to try to ensure that our website up to date and error free and that all products have been fairly and accurately described, product description errors may occur. If we discover such an error after you have submitted an order to us, we will contact you before accepting your order. You may then either cancel your order or re-confirm it based on the correct information. If for whatever reason we are unable to contact you within 7 working days, we will treat your order as cancelled. We reserve the right to withdraw items from time to time. When ordering please note that:
The information contained in our sales documentation including any descriptions images or illustrations are for general guidance purposes only and do not form part of the contract between you and us or any other contract between you and us for the sale of goods. 2.2 Acceptance of your order Please note that completion of the online checkout process does not constitute our acceptance of your order. When confirmation of order is received, this indicates only that we have received your order and does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us on these Terms and Conditions, when we dispatch your goods to you. We have included this term to protect us in the case that a mistake has been made in pricing, we have in error under-priced goods, or we are no longer able to supply a particular product for some reason. If we are unable to fulfil your order we will contact you. If you supplied us with your email address when entering your payment details (or if you have a registered account with us), we will notify you by email as soon as possible to confirm that we have received your order. We would encourage you to supply a telephone number as well as an email when ordering in order to facilitate easy contact with you if required. We reserve the right at our sole discretion not to accept any order. 2.3 Prices and Payment The price you pay for the goods you order is as shown on our Website at the time you place your order. While we endeavour to ensure that all prices on the website are accurate, pricing errors can occur. If we identify an error in the price of goods you have ordered we will contact you before accepting your order. You may then either cancel your order or re-confirm it based on the correct price information. If we are unable to contact you for whatever reason within 7 working days we will treat the order as cancelled. There is a minimum order amount of £5 excluding delivery charges. Prices are subject to change without notice. All prices are displayed in pounds Sterling exclusive of UK VAT where applicable. This is subject to change in legislation. All orders must be paid for in full by Credit or Debit card. The whole due amount must be received by us before your order can be despatched. We only accept payment in UK Pound Sterling (GBP). Customers outside the UK will be billed in Sterling. We accept the following cards: MasterCard / Visa / Visa Delta / Maestro / American Express / Solo / PayPal. During the checkout process, you will be asked to complete your payment details. All fields indicated as compulsory must be completed. All card payments are subject to authorisation by your card issuer and we take payment when we accept your order shortly before dispatch. If your payment is not received and you have already received the products you ordered from us, you must pay for the products or return those products to us in accordance with reasonable return instructions that we provide to you 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. If we cannot supply you with the product you ordered, we will not process your order,we will inform you of this in writing (including e-mail) or by telephone and, if you have already paid for the product, refund you in full as soon as reasonably possible. 2.4 Delivery – charges, times and ownership Deliveries to certain Highland Postcode, Northern Ireland, Eire, Offshore and Channel Islands and the Scilly Isles may incur additional charges as per carrier’s rates. Orders will incur delivery charges based on the customer's choice of delivery method. Such charges will be displayed during the checkout process. Fragile items such as glassware will be dispatched by courier and may incur additional delivery charges. Such charges will be displayed during the checkout process. We reserve the right to make additional charges for delivery of goods of excessive weight or size. We will contact you to discuss any such charges before your goods are dispatched. Delivery charges are subject to change without notice. No guarantee as to date or time of delivery is given or implied. Any dates or times quoted by us for delivery are estimates only. We will try to have orders placed before midday delivered to you within 2 working days. This is subject to the items being in stock, our workload and the carrier's delivery service. We never guarantee next day delivery as this is dependent on the carrier's schedules and performance. Whilst the Company will take all reasonable steps to ensure that estimated delivery times are met, the Company will not accept any liability whatsoever for delays caused by excessive workload on us or events beyond our control whether from carriers or suppliers or for any consequential loss as a result. We shall be under no liability for any delay or failure to deliver products or consequences thereof if the delay or failure is wholly or partly caused by circumstances beyond our control including unavailability of the customer to receive their delivery. If we are unable to deliver your Goods within 28 days of your Order, you may cancel your Order and get a full refund for those goods. Unless otherwise required, we may hold any order(s) where an item is out of stock until all items on that order(s) are available. Ownership and all risk in the products you order (including risk of loss and/or damage to the products) shall pass to you at the time of their successful delivery to the delivery address specified in your order. We will deliver only to the address on the order. Transit damage, shortages or wrong goods supplied, must be noted on the delivery/consignment note at the time of delivery. 2.5 Returns and Refunds You should check all products you receive against your order. Please make sure that you check your items carefully on receipt and before they are used. We also recommend that you keep your receipt or order number, which can be found on your order confirmation or on the delivery packaging, as you might need it as proof of purchase in the event of any after-sales queries. Damaged, faulty or incorrect goods If the product(s) you receive are damaged faulty or incorrectly supplied on delivery then you must note the details of any damage fault or error in supply on the delivery documentation or if you are unable to view the product(s) on receipt, you must inform us by phone or e-mail within 48 hours. You must return the products to us as soon as possible. We will then arrange for the product(s) to be exchanged or offer a full refund. This does not affect your statutory rights as a consumer. Unwanted items We must be notified of any unwanted items within 48 hours of receipt of goods by you. These goods must then be returned to us within 7 days and be in their original saleable condition and in their original packaging. Customers are responsible for ensuring the goods are returned packed in appropriate secure and adequate packaging. Customers are responsible for paying all return carriage costs. A net refund will be paid to the original value of the item less an administration charge of 10% of that value. This does not affect your statutory rights as a consumer. Any refunds given by us will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which have been damaged during their return to us or are not in their original perfect saleable condition. 2.6 Order Cancellation If you wish to cancel your order, please contact us as soon as possible. If you are a UK/EU consumer, you have the legal right, under the Consumer Protection (Distance Selling) Regulations 2000 to cancel your order within 7 working days following your receipt of the goods. Refunds for orders cancelled under the provisions of the Consumer Protection (Distance Selling) Regulations will be processed in accordance with your legal rights. If you wish to cancel (or are considering cancelling) a product or products you have ordered from us, please be aware of the following key points that may apply:
This is not intended to be a full statement of all your rights under the Distance Selling Regulations. Full details of your rights under the Distance Selling Regulations are available from your local Citizens' Advice Bureau or your Local Authority's Trading Standards Office. If you cancel your order under the provisions of the Distance Selling Regulations, we will refund any money paid by you after any products which have been delivered to you are returned to us in accordance with the terms shown in 2.5 above. Fresh flower web orders can only be cancelled up until your order is sent to Holland for purchasing, after that time you cannot cancel your order as we will be buying on your behalf. The ordering timetable is shown in our Fresh Flower Webshop section. Orders are transmitted to Holland at lunchtime on Monday, Wednesday and Friday. Orders can be cancelled up until the next order transmission deadline. 2.7 Security and Data Protection We will take all reasonable precautions to keep your order and payment details secure. We use the latest industry standard secure server technology that implements Secure Socket Layering (SSL) to encrypt your sensitive information and protect your details. We hold a current Thawte SSL123 Security certificate. Once we have processed your order, we do not store your card information. Your other sensitive information such as name, address and telephone number are only passed to carriers to allow delivery of your goods. We do not store, sell or pass on this information to any other parties. During the processing of your order, we will validate name, address and other personal information supplied by you against appropriate third party databases. By accepting these General Terms and Conditions of Sale you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which will confirm your identity and may keep a record of that information. No credit check is performed. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998. We cannot be held liable for any losses caused as a result of unauthorized access to information which you have provided. Password / Account Security You are responsible for maintaining the confidentiality of your password(s) and account and any activities that occur under your account. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password, account or order-related emails. 2.8 Limitations of liability To the extent permitted by law, we and third parties connected to us shall not be liable in contract, tort (including negligence) or for breach of statutory duty or in any other way for:
These limitations of liability apply even if Flowers for Florists Ltd has been expressly advised of the potential loss. 3. General Accuracy of Content To the extent permitted by applicable law, Flowers for Florists Ltd disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party. Content can and will be changed in order to make the information as accurate as possible over time. The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of Flowers for Florists Ltd. Third Party Rights Only you and Flowers for Florists Ltd shall be entitled to enforce these Website Terms and Conditions and these General Terms and Conditions of Sale. No third party shall be entitled to enforce any of these Website Terms and Conditions and General Terms and Conditions of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise. Unenforceable provisions If any provision of these Website Terms and Conditions and these General Terms and Conditions of Sale is, or is determined by any court or other competent authority to be unlawful, invalid or unenforceable under applicable law, in whole or in part, this will not affect the enforceability of the other provisions of these Website Terms and Conditions and these General Terms and Conditions of Sale. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. Exceptions Nothing in this disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Website disclaimer will exclude or limit Flowers for Florists Ltd liability in respect of any:
Breaches of these terms and conditions Without prejudice to Flowers for Florists Ltd other rights under these terms and conditions, if you breach these Website Terms and Conditions and these General Terms and Conditions of Sale in any way, Flowers for Florists Ltd may take such action as Flowers for Florists Ltd deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you. Indemnity You hereby indemnify Flowers for Florists Ltd and undertake to keep Flowers for Florists Ltd indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Flowers for Florists Ltd to a third party in settlement of a claim or dispute on the advice of Flowers for Florists legal advisers) incurred or suffered by Flowers for Florists Ltd arising out of any breach by you of any provision of these Website Terms and Conditions and these General Terms and Conditions of Sale, or arising out of any claim that you have breached any provision of these these Website Terms and Conditions and these General Terms and Conditions of Sale. Assignment Flowers for Florists Ltd may transfer sub-contract or otherwise deal with Flowers for Florists Ltd rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. Entire agreement These Website Terms and Conditions and these General Terms and Conditions of Sale constitute the entire and only agreement between you and Flowers for Florists Ltd in relation to your use of this Website, and supersede all previous agreements in respect of your use of this Website. Law, Jurisdiction and Language Any matter that arises out of your use of this Website (including any contract entered between you and us through the Website) shall be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be concluded in English.
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