Terms and Conditions
These terms and conditions apply to the use of the Bouquets and Butterflies website and, by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you should not access this Website. If you have any questions relating to these terms and conditions please call us on 0781 4144635 between 9am and 4pm Monday to Friday, before placing an order.
- "Conditions" means these terms and conditions;
- "Product" means an item displayed for sale on the Website;
- "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided;
- "Users" means the users of the Website collectively;
- "Personal Information" means the details provided by you;
- "We/us" means Bouquets and Butterflies;
- "Website" means the website located at www.bouquetsandbutterflies.co.uk;
- "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and
- "You" means a user of this Website.
Use of the website
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed in accordance with these Conditions. You warrant that the Personal Information which you provide as a customer is true, accurate, current and complete in all respects. You will notify us of any changes to the Personal Information by e-mail or calling us 0781 4144635 between 9am and 4pm Monday to Friday.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
We reserve the right to: modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, address, e-mail address, telephone number as well as the delivery address and product selections for your orders.
You should be aware that this site is being monitored and may capture information about your visit that will help us or our web developers and service providers improve the quality of our service.
We confirm that any Personal Information which you provide to us when checking out and any User Information from which we can identify you, is used only for the following purposes: processing your orders; for statistical or survey purposes to improve this Website and its services to you. You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003. You should be aware that if we are requested by the police or other government authority investigating suspected illegal activities to provide your Personal Information and/or User Information, we are entitled do so.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
Contract creation and electronic contracting
The technical steps required to create the contract between you and us are as follows:
You place the order for your products on the Website and pay via Paypal. For Paypal Terms and Conditions, visit: http://www.paypal.com/cgi-bin/webscr?cmd=p/gen/terms-outside. If you have provided a valid email address, Paypal will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Bouquets and Butterflies.
You place your order via telephone, paying with a Debit/Credit card and payment is taken at that point via Paypal.
Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in these terms and conditions. No cancellations can be accepted within 48 hours of placing the order.
Non-acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock.
- Our inability to obtain authorisation for your payment.
- The identification of a pricing or product description error.
- You not meeting the eligibility to order criteria set out in the main Terms & Conditions
The contract will be concluded in English.
Description of products
Each item purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.
In the event of supply difficulties, we reserve the right to substitute goods or packaging of equal quality and value. We will substitute goods of a similar style but we cannot accept the return of these goods.
We endeavour to dispatch all of our flowers in perfect condition. In the unlikely event that your flowers have been damaged in transit please keep the flowers and contact us within 24 hours of receipt. We cannot be liable for claims reported outside of this time.
We will send out goods according to the delivery day and option selected. We reserve the right to substitute flowers or foliage to the value of the order placed if we do not have the exact flowers or foliage in stock.
Our goods are sent out by courier on a signature optional delivery. This means that the flowers can be left on the property (porch or step) or with a neighbour if there is no one home to accept delivery. If there is an alternative place to leave the flowers on the property please specify this when prompted to do so in the checkout area of our site. If you do not want the flowers to be left if no one is home then please write this in the comments box in the checkout area, the flowers will be taken back to the delivery depot and the recipient will be left a card asking them to call to arrange redelivery.
The products will be at your risk from the time of delivery.
We do not accept any liability for delayed deliveries caused by any third party or by fire, flood or mechanical breakdown.
We do not accept any liability for incorrect postcodes or house names or numbers leading to deliveries to incorrect addresses.
Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, 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.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Bouquets and Butterflies and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
The company address is Bouquets and Butterflies, Cotton Hall, Rectory Rd, Kedington, Suffolk CB9 7QN.
Please check back frequently to see any updates or changes to these Conditions. Questions regarding the Conditions should be directed to Helen Carson, Bouquets and Butterflies, Cotton Hall, Rectory Rd, Kedington, Suffolk CB9 7QN 0781 4144635 , firstname.lastname@example.org www.bouquetsandbutterflies.co.uk