Terms and Conditions
Welcome to the Petals Florists Ltd Website terms and conditions for use. These terms and conditions apply to your use of the Website and by accessing this Website, 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 may not use or access this website. If there is anything you do not understand please feel free to e-mail any enquiry to using the contact form or call us on 01603 613141.
Petals Florists Ltd gives no authority (whether implied or express) to deep link to or frame any of the content which appears on our Website or to use a representation of the company's trademarks as a link button without the express agreement of Petals Florist Ltd.
Petals Florist Ltd - Registered in England & Wales, Reg. No. 04114927 VAT No: 451 2647 61
"Conditions" means these terms and conditions and the "Special Conditions";
"Goods" means goods displayed for sale on the Website;
"Online Sales" means sales of Goods and Services conducted through the Website;
"Product Description" means that part of the Website where certain terms and conditions in respect of the individual Good or Service are provided;
"Services" means services displayed for sale on the Website;
"Special Conditions" means the terms and conditions in the Product Description referred to in Clause 8.1;
"Users" means the users of the Website collectively;
"User Information" means the details provided by you on any application to buy Goods or Services from us via the Website;
"Us/Our/We/Petals Florists Ltd " means Petals Florists Ltd .,a company registered in England and Wales with registered office located at 106 Dereham Road, Norwich, Norfolk, NR2 4BU;
"Website" means the website located at www.petalsflorists.co.uk or any subsequent URL which may replace it; and
"You/Your" means a user of the Website.
Please read all the sections below to understand the risks involved in communicating and transmitting sensitive information by e-mail.
Please note that internet email is not a 100% secure communications medium. In the interests of preserving confidentiality in your personal details, We strongly advise that You take this into consideration before You send Us any information by email. By proceeding, You agree that You will send Us information by email at Your own risk.
Messages sent by email may not be secure and may be intercepted by third parties. If You disregard this warning and choose to send Us confidential information, You agree that You do so at Your own risk and that You will not hold Us responsible for any loss that You suffer as a result.
The e-mail address You provide to Us is where We will send Our response. If You have chosen to discuss your personal account details via E-mail We will try to respond to You in this way. We cannot guarantee the security of Your personal information by this communications medium.
A: Use Of The Website
We will provide you with access to the Website and sell You Goods and Services in accordance with these Conditions.
2 Your Obligations
2.1.1 agree not to use the Website (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Website without limitation, any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.1.3 will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
2.1.5 will not use the Website in any manner which violates or infringes the rights of any person, firm or company or the rights thereof (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
2.1.6 will not attempt any unauthorised access to any part or component of the Website; and,
2.1.7 agree that in the event that You have any right, claim or action against any other User arising out of that User's use of the Website, then You will pursue such right, claim or action independently of, and without recourse to Us.
You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity cost basis, suffered by Us and arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of the Website, or the use by any other person accessing the Website using Your Internet account.
4 Our Rights
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the 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
4.1.2 change these 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.
4.2 We will use Our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because You cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
4.3 We reserve the right to withdraw any Goods or Services from the Website at any time and/or remove, screen or edit any materials or content on the Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time in our sole discretion. We will not be liable to You or any third party by reason of our doing any of the following: withdrawing any Good or Services from the Website whether or not those Goods or Services have been sold; removing, screening or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
5 Third Party Links
In an attempt to provide increased value to Our Users, We may provide links to other websites or resources. You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, Goods or other materials or Services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, Goods or Services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that We deem appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials from the Website). We may also investigate, in Our sole discretion, the use, or attempted use, of any credit card, and take such action as we deem appropriate, including without limitation, contacting the User using such card or cancelling orders placed by such User.
13 Intellectual Property and Right to Use
13.1 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 or Our licensors. You are permitted to use this material only as expressly authorised by Us or Our licensors.
13.2 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 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.
14.1 You may send us notices under or in connection with these Conditions:
14.1.1 by post to Legal Department, Petals Florists Ltd , 106 Dereham Road, Norwich, Norfolk, NR2 4BU
14.1.2 by fax to Group Legal Department on 01603 767846
14.1.3 by telephone to Group Legal Department on 01603 613141
14.1.4 by email using the contact form
14.2 As proof of sending does not guarantee Our receipt of Your notice, You must ensure that You have received an acknowledgement from Us which will be sent within 10 working days of Our receipt and should be retained by You.
15 Limitation of Liability
15.1 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.
15.2 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 satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
15.3 We make no warranty that the Website will meet Your requirements or will be uninterrupted, timely, secure 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 or reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
15.4 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 Goods and Services including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose.
15.5 Notwithstanding any other provision in the Conditions, nothing herein shall limit Your rights as a consumer under English law.
15.6 The information provided to You in connection with the Goods and Services is provided by the suppliers of such Goods and Services and you acknowledge that we do not verify the accuracy of such information. We therefore exclude all liability of any kind (including but not limited to defamation, breach of confidence, intellectual property right infringements, invasion of privacy and negligence) for the transmission or reception of such information of whatever nature to You.
15.7 You acknowledge that We cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by You.
15.8 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 arising out of or in connection with these Conditions for:
15.8.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
15.8.2 any loss of goodwill or reputation; or
15.8.3 any loss which was not brought to the attention of Petals Florists Ltd at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by Petals Florists Ltd ;
15.9 in any case whether or not such losses were within the contemplation of either of Us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of Us arising out of or in connection with the provisions of any matter under these Conditions.
15.10 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 these 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 preceeding or succeeding breach of any provision.
Each provision of these 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.
19 Entire Agreement
These Conditions (as amended from time to time) contain the entire agreement between You and Us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings, representations or proposals, written or oral, between You and Us in relation to such matters. You confirm that You have read these conditions and, You fully understand them and You also agree that these conditions are the only terms (together with Your network provider agreement ) that rule Your relationship with us.
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.
21 Handling Complaints
There may well be occasions when you are unhappy with the service that has been provided to You by Petals Florists Ltd . In these cases, Petals Florists Ltd endeavours to be fair and efficient in handling any complaint You should have and that Your complaint will be processed confidentially.
If You have a complaint, please send Us a letter to this address Petals Florists Ltd , Customer Care Department.
We endeavour to give You an answer within 10 working days and will provide You with a likely timescale for resolving the dispute. We will keep You informed about the progress of Your complaint.
We undertake to check Our system regularly for handling complaints and We welcome any suggestion You may have in relation to how this system may be improved
B: Purchase of Services and Goods
7.1 All orders are subject to acceptance and availability. If the Good You have ordered is not available from stock You will be contacted by e-mail or phone (if you have given Us details) and You will have the option either to wait until the item is available from stock or to cancel Your order. All prices are inclusive of VAT at the current rates and are correct at the time of entering information. However, We reserve the right to change prices without prior notice to You.
7.2 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 are not 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.
7.3 You warrant that the User Information which You are required to provide when You make an offer to buy Goods or Services via the Website is true, accurate, current and complete in all respects.
7.4 You agree not to impersonate any other person or entity or to use a false name or a name that You are not authorised to use.
7.5 If You are a private consumer, You may cancel any purchase ordered by You at any time within 14 days of receipt (exceptions apply) of the Goods or Service without incurring any obligation or liability to Us, however, You may not cancel any Service ordered from Us once we have started to provide it to You. If You choose to do this, You must notify Us in writing as set out in clause 9. Within 30 days of receipt of a valid notification that You wish to cancel any order, We will refund all monies You have paid to Us.
8 Offers to Purchase and Description of Goods/Services
8.1 Each Good or Service purchased is sold subject to its Product Description which sets out additional specific terms and conditions related to that Good or Service including, without limitation, terms and conditions concerning estimated delivery times and any warranties.
8.2 Any order made by You will be treated as an offer to purchase Goods or Services from Us. The contract between You and Us will only be completed when We despatch the Good to You or commence the provision of the Services, as the case may be, or when We debit Your credit or debit card, whichever is the earlier. The sale contract is therefore completed in Norwich, England. We reserve the right to reject any offer to purchase made by You at any time.
8.3 You acknowledge that any automated acknowledgement of Your order which You may receive from Us shall not amount to Our acceptance of Your offer to purchase Goods or Services advertised on the Website.
9 Right of Cancellation
9.1 If You are purchasing the Goods or Services for private use (i.e. as a consumer as opposed to for business use), You have the right to cancel any contract completed pursuant to clause 7.5 within 14 days of receipt by You of the Goods or Services ("Cancellation Period"). However, You may not cancel any Service ordered from Us once We have started to provide it to You.
9.2 If you do cancel a contract pursuant to clause 7.5 you must:
9.3 either notify us in writing to Petals Florists Ltd , 106 Dereham Road, Norwich, Norfolk, NR2 4BU, by email using the contact form or by phone on 01603 613141.
9.4 retain possession of the Goods.
9.5 take reasonable care of the Goods or Services until We collect the Goods from You, or You deliver the Goods to Us; and
9.6 ensure that the Goods are returned or are made available for collection (as the case may be) in the same condition as it was when it was delivered to, or collected by, You (as the case may be).
9.7 If You do cancel a contract pursuant to clause 7.5, then We will notify You of when We wish to collect the Goods. We will collect the Goods or Services within 21 days of Our receiving notification of cancellation. We have the right to charge You for any direct costs incurred in collecting the Goods and will, at Our option, deduct these from any sum owed to You. Alternatively, if You wish, You may return the Goods to Us, during working hours, at Our nearest place of business, details of which can be obtained on Our Website (http://www.petalsflorists.co.uk/) or by emailing us.
9.8 If you do cancel a contract pursuant to clause 7.5, we will refund the monies you have paid to us within 30 days of you giving us cancellation notice.
10 Your Personal Data
10.1 We respect Your personal information and undertake to comply with applicable Data Protection legislation from time to time in place.
10.2 We confirm that any personal details which You provide to Us (or which are available on public registers) from which We can identify You are held in accordance with Our Data Protection Registration. When You register with us We consider the information You provide as private. We use the information for the following purposes:
10.2.1 processing Your Account;
10.2.2 for statistical purposes to improve the service We give to You;
10.2.3 to administer Our business;
10.2.4 unless You have already objected during the registration process, to notify You of products or services that may be of interest to You; and
10.2.5 unless You have already objected during the registration process, to be disclosed to other members within Our group of companies and also to other relevant third parties, who may contact You about their products or services that may be of interest to You.
10.3 If You do not want Us to notify You about products and services that may interest You, or You do not wish Us to transfer Your data to group companies and third parties so that they can contact You about their products or services, and have not objected during the registration process, please write to us C/O the Data Protection Controller, Petals Florists Ltd, 106 Dereham Road, Norwich, Norfolk, NR2 4BU, stating Your full name, address, Your e-mail address and Your mobile phone number and notify Us accordingly.
10.4 We may also at Our discretion choose to sell, trade, rent or otherwise disclose Your personal information to trustworthy third parties situated within the EEA or in countries approved by the Data Protection Commissioner. You may instruct Us not to do this by sending us an email. In addition, We may provide aggregate statistics about Our Services, competitions, clients, traffic patterns, and other site information to third parties, provided that a single person is not identifiable in such data.
10.5 Subject to Your rights of objection set out above, and Your right of objection in the registration process, You agree that You do not object to Us, Our group companies or third parties contacting You for any of the above purposes whether by fax, telephone, e-mail, in writing or by SMS 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 Telecommunications (Data Protection and Privacy) Regulations 1999.
10.6 In the event that Your personal information is no longer used by Us for the purposes outlined in paragraph 10.2 we will delete it except insofar as it is necessary to retain such information to comply with other relevant or applicable law.
10.7 In the event that Your personal data becomes untrue, inaccurate or incomplete, or in any event, You have the right to access Your personal data and may rectify the same.
10.8 We reserve the right to access and disclose individually identifiable information to comply with applicable laws and lawful government requests or requests by the police investigating suspected illegal activities, to operate Our systems properly or to protect Ourselves or other Users. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning Your use of the Website, and that use is deemed by Us inconsistant with the Conditions.
10.9 We will also collect information about Your personal details, by using cookies. This information shall be the information You give Us at the time of ordering or registering.
10.10 A cookie is a piece of information that is stored on Your computers hard drive by Your web browser. On revisiting the Website Our computer server may recognise the cookie, giving Us information about Your last visit. most browsers accept cookies automatically, but usually You can alter the settings of Your browser to prevent automatic acceptance. If You choose not to receive cookies, You may still use most of the features of the Website.
10.11 When You input information or request Services from Us, We offr the use of a firewall. This lets You input information safely whilst effectively preventing that information from being accessed by unauthorised persons. In addition, We have strict securityprcedures covering the storage and disclosure of Your information in order to prevent unauthorised access to comply with the UK Data Protection Act 1998. This means that sometimes We may ask for proof of identity before we disclose personal information to You.
10.12 We welcome Your questions and commernts about privacy issues and the design of the Website. Should You have such comments or have a complaint about how We are using Your personal data, please send an email.
11.1 Payment can be made by any major credit or debit card. Payment will be debited and cleared from Your account before the despatch of Your Good or provision of the Service to you.
11.2 You confirm that the credit/debit card that is being used is Yours.
11.3 All credit/debit card holders are subject to validation checks and authorisation by the card issuer and We may share Your personal information with such third parties as are necessary to enable Us to do such checks. If the issuer of Your payment card refuses to authorise payment to Us, we will not be liable for any delay or non-delivery.
12 Eligibility to Purchase
12.1 The purchase of Goods or Services is limited to parties that lawfully can enter into and form contracts on the Website under English law and who are resident or incorporated in the United Kingdom. This means that if You are an individual, You must be 18 years or older to purchase any Goods or Services via the Website and by offering to purchase any Goods or Services You represent to us that You are 18 years of age or older. To register, You must provide Your real name, phone number, e-mail address, credit card details and other requested information.
12.2 The Website is available only to individuals and companies or partnerships who We, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those who have been issued a valid credit card by a bank acceptable to Us, whose applications are acceptable to Us and who have authorised Us to process a charge or charges on their credit card in the amount of the total purchase price for any Goods or Services which they purchase.
12.3 By making an offer to buy any Goods or Services, You specifically authorise Us to transmit information (including any updated information) or to obtain information about You from third parties from time to time, including but not limited to Your credit-card number or credit reports, to authenticate Your identity, to validate Your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.