Terms and Conditions
Introduction
This website is owned and operated by All Things Floral Ltd. Our company information is at the end of this document.
Please read these terms and conditions carefully. They replace any previous versions. Please print or save these terms for future use as we cannot guarantee that they will remain accessible on our website in future. They are available in English only.
These terms and conditions are a contract between you and us applying to use of our website. The sale of goods via our website is subject to separate terms and conditions.
Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
Changing these terms and conditions
We may change these terms and conditions by posting the revised version on our website at any time. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our website following the effective date shown.
What you can’t do on our site
You agree not to do any of the following in connection with our website: * break the law or infringe anyone else’s rights; * victimise or harass other people; * use offensive, obscene, abusive or other inappropriate language; * deceive or mislead anyone; * provide anyone else’s personal information without their consent; * impersonate anyone; * link to unlawful or otherwise inappropriate content; * use the website with a view to competing with us or infringing our rights; * disrupt our website, e.g spam, viruses or phishing; * interfere with or damage our website or gain unauthorised access to any part of our system, data, passwords or otherwise; * intercept or modify communications; * impose an unreasonable load on our website; * get around any security or other features including those designed to stop copying of content; or * attempt, encourage or assist any of the above.
Content on our site
You acknowledge that any information published or sent on or via our site by other users is the sole responsibility of the person from whom such content originated and we are not responsible for it.
We cannot guarantee that any general information or guidance that we may make available on our website is accurate or up to date. You rely on it at your own risk.
If you post a review, rating or comment (“Review”) you guarantee that you have no personal or business relationship with the entity, product or service being reviewed, that you have not been offered any incentive on behalf of the entity being reviewed to write the Review, that you are not a competitor of the entity concerned and that the Review is your independent, honest, genuine opinion.
We reserve the right without notice or refund to suspend, alter, remove or delete content or to disclose to the relevant authorities or to a complainant any content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or if we are required to do so by law or appropriate authority.
Other peoples’ services / advertising / websites
We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our site. We aren’t responsible for what they do or don’t do.
Ordering by phone
All orders placed over the phone are subject to a £2 surcharge. This charge will be added to your order total & is non-refundable once an order has been placed.
Refer a friend
This section of our terms and conditions applies to any “Refer a friend” or similar offer on our website.
You must comply with any conditions stated in the offer.
If you are supplying us with a friend’s name and/or email address, you promise that: * the information is genuine and accurate; and * you have obtained the friend’s consent to supplying us with the information.
If the reward we offer you is a free product, we are entitled to substitute it for another reward of equal value. No cash alternatives are available unless otherwise stated.
You must use any benefit within whatever timescale we say.
We can withhold any benefit if we think that you haven’t complied with the offer conditions or with these terms and conditions or that you have behaved inappropriately.
We can withdraw or change the offer at any time without notice.
Your personal information – see our privacy policy
You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.
If our website doesn’t work properly
We do not guarantee that our website will be uninterrupted or error-free and we are not responsible for any losses arising from such errors or interruptions. We are entitled, without notice and without liability (a) to suspend the website for repair, maintenance, improvement or other technical reason and (b) to make changes to our website.
If you create an account on our site
If we permit you to create an account on our website, this is for your personal use only. You must not allow anyone else to use your account. You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for other people who use your account or identity (unless and to the extent that we are at fault).
We are entitled at any time for any reason and with or without notice to close your account on our site and to delete all data contained in it.
Restrictions on our legal responsibility – very important
Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
If you are a Consumer, we are not responsible for any loss or damage where: * there is no breach of a legal duty owed to you by us; * such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract); * (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or * such loss or damage relates to a business.
If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement.
The following clauses apply only if you are a business:
In no event (including our own negligence) will we be liable for any: * economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); * loss of goodwill or reputation; * special, indirect or consequential losses; or * damage to or loss of data (even if we have been advised of the possibility of such losses). * You will indemnify us against all claims and liabilities directly or indirectly related to your use of the website and/or breach of this agreement. * To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
Intellectual property rights
The intellectual property rights in all material used on or in connection with our website are owned by us or our suppliers, partners or other users. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, selling or altering it or taking extracts from it without our specific prior written consent.
Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any information on our website without our specific prior written consent.
If you publish any content on our site or provide us with any ideas or suggestions, you allow us at no cost, and perpetually, to use and adapt all or part of such material however we wish, both on our own website and also, for marketing purposes, on other channels including different websites, social media and emails.
English law and courts
These terms and conditions are covered by English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.
General but important stuff
We may send all notices under this agreement by email to the most recent email address you have supplied to us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as stated otherwise.
Complaints
If you have any complaints, please contact us via the contact details shown below.
Our company information
- Company name: All Things Floral Ltd
- Trading name: “Flowercard”
- Country of incorporation: Scotland
- Registered number: SC748009
- Registered office: 48F/2 Linbar House, North Bridge Street, Bathgate, EH48 4PP
- Main trading address: 48F/2 Linbar House, North Bridge Street, Bathgate, EH48 4PP
- Contact email address: cs@flowercard.co.uk
- Other contact information: See our website.
- VAT number: 432 5639 95
