TERMS & CONDITIONS
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
Application
These terms and conditions will apply to the purchase of the goods by you (the customer or you). We are Kathryn Dacre – trading as Green Feather Flowers (the supplier or us or we);
These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms & Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old;
Interpretation
Consumer means an individual action for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
Contract means the legally-binding agreement between you and us for the supply of the Goods;
Delivery Location means the suppliers premises or other location where the goods are to be supplied, as set out in the order;
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information and allows the unchanged reproduction of the information stored;
Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
Order means the Customer’s order for the Goods from the supplier as submitted following the step by step process set out on the Website;
Privacy Policy means the terms which set out how we deal with confidential and personal information received from you via the Website;
Website means our website www.greenfeatherflowers.co.uk on which the Goods are advertised.
Goods
The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustration purposes only and there may be discrepancies in the size and colour of the Goods supplied.
In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate
All Goods which appear on the Website are subject to availability
We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
We use British flowers that are a natural product, chosen for their scent as well as their visual beauty. Pollen from the flowers may cause hay-fever type allergies. None of our flowers or greenery are provided for human or animal consumption. Some flowers/greenery are toxic to household pets such as cats. Please advise when placing your order if you would like known toxic flowers/greenery to be excluded from your purchase. We cannot accept liability for any harm caused by interaction with our plants or flowers once delivered.
Personal Information
We retain and use all information strictly under the Privacy Policy
We may contact you by using email or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an order has been submitted on the Website, we can reject it for any reason, although we try to tell you the reason without delay.
The Order process is set out 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 ordering process correctly.
A contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract but in any event not later than the delivery of any Goods supplied under the Contract.
Any quotation is valid for a maximum period of 5 working days from its date, unless we expressly withdraw it at an earlier time.
No variation of the Contract, whether about the description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
Price and Payment
The price of the Goods and any additional delivery or other charges that is set out on the Website at the date of the Order or such other price as we may agree in writing.
Prices and charges are not subject to VAT at the time of creating these T&C’s.
You must pay by submitting your Credit or Debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
Delivery
We will deliver the goods, to the Delivery location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into, or, on a specific date agreed by both parties in writing.
We will offer a full refund on cancellation of flower orders, providing this is done at least 72 hours prior to the order date, either by phone or email.
If the order has already left our premises for delivery, we will try our best to cancel the delivery if possible. In this instance we will not be able to offer any refund. At our discretion we may offer a credit note for a later date.
In the unlikely event that we are unable to complete a delivery due to an error on our part, you will be entitled to a full refund or replacement bouquet delivery at a later date. If the unlikely fault is on your part (e.g. providing an incorrect address when ordering) then you will be offered a time to collect your purchase from our premises. If this is not possible, we may offer a credit note for a later date, at our discretion. You will not be eligible for a refund.
If you are unable to collect your purchase at the pre-arranged time, we will try to make alternative arrangements with you. Please be aware that if the rearranged date is later than the original collection date, this may impact the longevity of your purchase. Fresh flowers have a limited shelf-life and the arrangement will have been made to fulfil the original deadline. If you are unable to collect your purchase at all, we may offer a credit note for a later date, at our discretion.
If you are regrettably unhappy with the product you receive, please let us know within 24 hours of delivery, and please keep the flowers or images relating to the fault. Flowers and plants are fresh products so sometimes they do not behave as we would like, are damaged, or in the case of something wilting or failing to thrive, following correct care and attention, we will make sure we remedy the situation at our expense.
We accept no liability for plants and flowers after 48 hours of delivery – we ensure they are well tended and in optimum condition when they leave our premises. They can be adversely affected in a short time in unsuitable conditions.
We guarantee the majority of your cut flowers and greenery will last at least 5 days from delivery, following correct care and attention (instructions for which will be provided with your order). Softer stems (anemones, tulips) and specialty roses will never last as long as hardy berries or lilies, for instance. Our bouquets include stems that are in bud, so please allow time for these to blossom and open. Sometimes we include flowers that are in bloom for you to enjoy for the first day or 2 upon receiving your order. These flowers will not last as long as the rest of the bouquet, and may need removing from the arrangement within the first 48 hours. Their inclusion allows us to share fully bloomed beauties with you on arrival, rather than us hogging them all. Our bouquets are designed to include younger stems that, when open, will replenish any gaps left by removing the fading blooms. Exact timescale for flowers blossoming is out of our control as it is dependent on each individual flower’s response to the conditions and care it receives.
In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
We have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
After we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable cost for redelivery.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you
You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and Cancellation
You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
Conformity
We have a legal duty to supply the Goods in Conformity with the Contract, and will not have conformed if it does not meet the following obligation
Upon delivery, the Goods will;
Be of satisfactory quality
Be reasonably fit for any particular purpose for which you buy the Goods
Conform to their description
It is not a failure to conform if the failure has its origin in your materials.
Successors and sub-contractors
Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the Control of either party
In the event of any failure by a party because of something beyond its reasonable control:
The party will advise the other party as soon as reasonably practicable; and
The party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid but this will not affect the Customers above rights relating to delivery and any right to cancel
Privacy
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information
These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy
For the purposes of these Terms and Conditions:
“Data Protection Laws” means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
“GDPR” means the UK General Data Protection Regulation.
“Data Controller”, “Personal Data” and “Processing” shall have the same meaning as in the GDPR.
We are a Data Controller of the Personal Data we Process in providing Goods to you.
Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws.
Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected
We will only process Personal Data for the purposes identified
We will respect your rights in relation to your Personal Data, and
We will implement technical and organisational measure to ensure your Personal Data is secure.
For any enquires or complaints regarding data privacy you can email kathryn@greenfeatherflowers.co.uk
Excluding Liability
The supplier does not exclude liability for (i) any fraudulent act or omission; or (ii) for death of personal injury caused by negligence or breach of the Suppliers other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or, (ii) loss (e.g. loss of profit) to the Customers business, trade, craft or profession which would not be suffered by a consumer – because the supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales.
Attribution
These Terms and Conditions were created using a sample document but clearly reflect the Terms and Conditions held by Green Feather Flowers.