Terms and Conditions
These Terms and Conditions apply to the use of the Flower & Farmer Limited (“Flower & Farmer”) website and, by accessing our 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 our website.
2. ORDERS AND CANCELLATIONS
1. Pricing and VAT
1. Prices shown on our website are inclusive of VAT and delivery charges, unless otherwise stated.
2. If you require a VAT receipt please request this by email to firstname.lastname@example.org. Our VAT number is: GB323417920.
3. We reserve the right to amend the prices indicated on our website at any time, without notice.
2. Description of products and product images
1. All our dried flowers are grown and dried by us. Every bunch is unique as we are using natural materials and every bunch is made to order. There therefore may be slight variations to the flowers in the bunch you receive, as compared to the product images on our website.
2. 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.
3. Flower availability and substitution
All floral products are subject to availability. In the event of any supply difficulties, we reserve the right, at our absolute discretion, to substitute any product with an alternate product of a similar style and equivalent (or greater) value and quality.
4. Order Acceptance Policy
All orders received are subject to acceptance by us and Flower & Farmer and any of its personnel reserve the right, at our absolute discretion, to reject any order without giving reasons. In the event of rejection, we will refund or cancel any payments received in full, via the payment method used to place the order.
1. We accept American Express, Visa and MasterCard credit and debit cards. In order to offer the best security, all our payments are processed securely by Global Payments.
2. We never store or have access to your credit or debit card details.
1. Orders are dispatched within 3 working days of receipt.
2. Flower & Farmer delivers within the United Kingdom only.
3. Orders are sent via Royal Mail or selected courier companies. We therefore cannot guarantee that delivery instructions will be followed. Orders left in a safe place are done so at your own risk.
4. Although our team will always try our best to ensure punctual delivery, Flower & Farmer cannot be held responsible if a delivery arrives late due to any circumstances impacting the availability of the postal service or anything else outside of our control.
7. Cancellation policy
1. Please contact us as soon as possible if you wish to cancel your order. We are unable to cancel orders once they have been dispatched.
2. If your order has already been dispatched by the time you contact us, please return your package unopened and undamaged and we will refund you on receipt of the returned package.
3. RETURNS AND REFUNDS
1. We carefully pack our dried flowers to ensure they arrive in prefect condition. However, occasionally, they may get damaged in transit. Should this occur, please email us a photo of the damaged flowers within 72 hours of receipt. If, at our sole discretion, the flowers appear damaged, we will offer you a free replacement at our next available delivery date or a refund.
2. If we offer you a refund, we will refund you the full amount within 3 days. Please note that banks may take an additional 3-5 days to refund the amount to your card.
1. If, for whatever reason, your flowers have not arrived within 7 working days of your placing an order, please contact us and we will send you a free replacement on our next available delivery date or a refund.
2. If we offer you a refund, we will refund you the full amount within 3 days. Please note that banks may take an additional 3-5 days to refund the amount on your card.
Due to the perishable nature of flowers, we are unable to accept returns.
4. HAZARDOUS PLANT MATERIAL
Please note that some flowers may be harmful or poisonous. In particular, your arrangement may contain foxgloves which are poisonous and toxic if eaten. Please do not eat any flowers you receive and avoid contact with children and animals. Please handle flowers with gloves and wash your hands before eating or drinking.
5. OFFERS AND PROMOTION CODES
1. At our discretion, we may offer products at discounted prices from time to time. These offers are valid from the time that we introduce them to the end date of the offer and they cannot be used for purchases before the offer introduction date or after the offer end date.
2. We reserve the right, at our absolute discretion, to offer different personalised special offers and promotions and it will therefore only be possible for the customer in receipt of the special offer to redeem the discount.
3. Unless explicitly stated otherwise, free or discounted introductory offers are only available to new users of the Flower & Farmer service and are only available once to any one household.
4. We only allow one promotion code to be used per order.
5. Discounts are available only once to any one person.
6. Discounts and voucher codes cannot be redeemed against delivery charges; percentage discount vouchers are applied to the bouquet cost only.
6. INTELLECTUAL PROPERTY RIGHT AND USE
1. 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. You are permitted to use this material only as expressly authorised by us.
2. 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.
7. CIRCUMSTANCES BEYOND OUR CONTROL
1. Adverse weather conditions
During adverse weather conditions (including but not limited to heavy snow, ice, flooding or high winds), our delivery partners may not be able to deliver orders on time. This is outside of our control and we cannot accept responsibility for the late delivery of the order. We therefore aren’t able to refund or re-deliver affected orders.
2. Force Majeure
Flower & Farmer shall not be liable for delay in performing or for failure to perform its obligations if the delay or failure results from any of the following: (i) Acts of God, (ii) outbreak of hostilities, riot, civil disturbance, acts of terrorism, (iii) the act of any government or authority (including refusal or revocation of any licence or consent), (iv) fire, explosion, flood, fog or adverse weather, (v) power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles, (vi) default of suppliers, sub-contractors or delivery partners, (vii) theft, malicious damage, strike, lock-out or industrial action of any kind and (viii) any cause or circumstance whatsoever beyond Flower & Farmer’s reasonable control.
8. OUR LIABILITY
1. Whilst we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, 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.
2. We do not guarantee that our website or services will be uninterrupted or error-free and, subject to clauses 3.1 and 3.2, we will not be responsible for any losses arising from such errors or interruptions. Additionally, we reserve the right at any time to suspend, restrict or terminate access to the Flower & Farmer website and/or the Flower & Farmer services for any reason (including, but not limited to, repair, maintenance and improvement).
3. We accept liability for death or personal injury arising from our negligence.
4. We accept liability for fraud or fraudulent misrepresentation.
5. Subject to clauses 8.3 and 8.4, our liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your order with us shall in no circumstances exceed the price paid to us for the order in question.
6. Subject to clauses 8.3, 8.4 and 8.5, we exclude all liability for any claims, losses, demands and damages, including without limitation any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly out of or in any way connected with your use or inability to access the Flower & Farmer website and/or service, whether arising in contract, tort (including negligence), under statute or otherwise PROVIDED THAT nothing contained in these Terms and Conditions affects or will affect your or the recipient’s statutory rights in relation to the quality, fitness or description of the products supplied.
1. The Flower & Farmer 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.
2. You agree fully to indemnify, defend and hold Flower & Farmer and its 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 Terms and 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.
10. CUSTOMER AND RECIPIENT PERSONAL INFORMATION
1. As with all shopping websites, we collect personal information from you when you shop online on our website. We use this information to make your shopping experience as easy and enjoyable as possible. We need it to process your order, inform you of any delays or problems and to send you special offers and promotions.
2. During the checkout process, we ask for the following personal information:
1. Your email address: We use this to email you order confirmations and delivery information. We may also use your email for marketing communications from time to time.
2. Your full name and address: We use this for credit and debit card validation.
3. Your telephone number: We use this to contact you in the event of problems with your order such as payment failures or delivery issues.
4. Recipient’s full name and address: We need this to deliver the flowers you have ordered.
3. To ensure that we can communicate effectively with both customers and recipients, it is important you provide accurate personal information. You warrant that the personal information you provide is true, accurate, current and complete in all respects.
5. We will take all reasonable care to keep the details of your order and payment secure and so accept no liability for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our website.
1. We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Flower & Farmer website and/or the Flower & Farmer service from time to time. We will post any changes on the Flower & Farmer website and it is your responsibility to review the Terms and Conditions on each occasion you access the Flower & Farmer website. Changes will be effective 5 hours after the posting of any such change and all subsequent dealings between you and us shall be on the new Terms and Conditions.
2. These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Flower & Farmer website, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail.
3. A person who is not a party to the agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists apart from that Act.
4. This agreement (including any documents referred to herein) supersedes all prior representations, arrangements, understandings and agreements between you and us (whether written or oral) and sets forth the entire agreement and understanding between you and us relating to the subject matter hereof.
5. If any part of the Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Terms and Conditions.
6. These Terms and Conditions shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English courts.
11. REGISTERED OFFICE AND TRADING ADDRESS
1. Our registered office is: and trading address is: 10 Canberra House, Corbygate Business Park, Priors Haw Road, Corby, Northants, England, NN17 5JG.
2. Our trading address is: Flower & Farmer Limited, Coton Lodge, West Haddon Road, Northants, NN6 8QE.
3. Questions regarding these Terms and Conditions should be directed to Amelia Naden-Robinson by email to email@example.com.