|Terms and Conditions|
|You may buy goods and services from flowerland via the web site and in doing so you are entering into a legally binding agreement on the following terms and conditions set out below. |
|Definitions and interpretation|
|Contract the contract for the sale and purchase of Goods or services by us, the seller to you, the purchaser.|
Delivery Area addresses within the United Kingdom, excluding the Isle of Wight, the Channel Isles, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and other areas that may be specified without notice from time to time. We wish to offer the widest delivery area but it may be restricted by our delivery subcontractor or suppliers’ wishes.
Goods products that are available for purchase from our web site in accordance with the terms;
the Web Site www.flowerland.co.uk and any other web site operated by flowerland from time to time.
the Seller, (us, we) flowerland, B E Enterprises Limited, Bourne End Garden centre, Hedsor Road, Bourne End, Bucks SL8 55EE (registered office and company number 641227).
Sale Agreement This agreement for us to sell you Goods is made on these terms and conditions when we accept an order made by you on our Web Site. The details of the order including description of the Goods, price, VAT, any insurance and delivery costs are shown during the payment process on the web site. These details may be confirmed in an email to you. Confirmation of acceptance of your order is made on-screen at the end of the order process or subsequently by email. We may have to vary our acceptance of your order at any time up to completion of delivery for a number of reasons at our absolute discretion eg availability of Goods.
Our web site shows images of products for sale. We try to make sure that these images closely reflect the actual products being sold. In most cases eg furniture the images are very accurate, but it is much harder to be consistent with plants which may vary their appearance during the course of the year. Images, descriptions and other information is approximate and for guidance only. We may at our absolute discretion from time to time vary the nature of the Goods from that advertised without notice.
Details of the order The quantity, quality and description of the Goods will be those set out in your order. Orders are accepted at our absolute discretion Any order will be valued by current pricing.. The Goods that are ordered via our Web Site are available for delivery to you if you are based in our Delivery Area.
Price of the Goods The price of Goods shown on the Web Site is an invitation to treat. This means that you make an offer to us to buy the Goods and we are at liberty to accept your offer. Our acceptance of your offer is completed on delivery of the Goods to you. If the price of the Goods changes between the date of your order and the delivery date, we will inform you of any price increases and ask you to confirm by email that you will pay the new price. If it is not acceptable then you will have the option of cancelling the order or we will not be able to complete your order. Charges for packaging, transport, insurance where appropriate and any special services are shown on the order page and will be included in the total price for the Goods.
Payment terms We will seek payment from your credit or debit card when your order is accepted unless delivery cannot be completed within 30 days. At present we can only take payments on our web site and not by telephone. This may change in the future. Goods which are awaiting to be received into stock and are likely to take more than 30 days before being delivered will be charged to you up to 7 days prior to delivery to you. We accept no liability if a delivery is delayed because payment details are incorrectly informed to us.
If full payment for the Goods has not been received from you prior to delivery of the Goods to you, we may cancel the order at our discretion. We will endeavour to inform you by email if this is the case. This does not affect any other rights we may have.
We will take all reasonable care to keep all information connected with your order secure. Under normal circumstances no third party has authorised access to secure information. However, we accept no liability for any loss that you may suffer if a third party obtains unauthorised access to any data.
Delivery. Goods will be delivered to the address you specify for delivery of your order. Our delivery obligation will be to the boundary of your property and the highway, we cannot accept liability for loss or damage to the Goods once they have crossed your boundary. Please note that deliveries are made by a single driver. Heavy items may need to have customer present with capable physical help to assist the driver. We provide you advice of delivery so that you can arrange acceptance and handling of the delivery, appropriate to your unique needs. Please let us know if you have specific delivery requirements or you require the goods to be left with a neighbour or in a certain place if you are not at home, we will endeavour to meet these needs, but we may not be able to, if for example extra help is needed on arrival and it is not available. Extra handling can be arranged to assist you in accepting the Goods, please ask for an estimate.
Delays Occasionally, the delivery of your Goods may be delayed. This can be for various reasons such as supplier shortages, import delays or higher than anticipated demand. We will take every reasonable effort to keep you informed by email.
Risk and ownership Once goods have been delivered to you, risk of damage to or loss of the Goods passes to you. If you do not take delivery at the agreed time then risk of damage or loss of the Goods passes to you at the time when we tried to deliver. Ownership will pass to you once the goods have been successfully delivered to you and we have received full payment.
Substitutes. We reserve the right to replace Goods with something similar. You may rely on flowerland to choose a plant that is comparable in size, price and habit.
Returns Policy. At flowerland we only send you our best plants, many of which have been home grown from seed or cuttings. We have a quality control procedure that ensures that Goods are of the right quality when they leave our nurseries and garden centres. We do our best to package and protect everything so that it doesn't get damaged on its way to you, however sometimes problems occur in transit. If you do have a problem, the quickest, easiest and most secure way to let us know is to send an email detailing your problem to: firstname.lastname@example.org alternatively write to: flowerland.co.uk, Bourne End Garden centre, Hedsor Road, Bourne End, Bucks SL8 5EE.
Please note, we cannot allow goods that have been returned to receive a full refund if they have been used. Unfortunately, some people do not wish to buy Goods but just to use them for a short time and then return them. If we believe this to have happened, we may have to charge a rental fee which we will determine at our absolute discretion.
Incorrect Goods. If you receive Goods you have not ordered and which were not a substitute item, return the Goods within 28 working days unused and in its original packaging and any payment taken from you will be refunded. Simply make contact with our customer services at email@example.com and we will tell you the process of making a return. Please quote your order number in all correspondence.
Goods Damaged In Transit. If the goods you purchased were damaged in transit we will provide you a replacement or a refund providing that you return the damaged goods to us within 28 days. Simply make contact with our customer services at firstname.lastname@example.org and we will tell you the process of making a return. Please quote your order number in all correspondence.
Damaged or Defective Goods. If you receive Goods that are damaged or defective, we will provide you a replacement or a refund providing that you return the damaged goods to us within 28 days. Simply make contact with our customer services at email@example.com and we will tell you the process of making a return. Please quote your order number in all correspondence. We will provide you with manufacturers details if you wish to contact the manufacturer directly or we will do this on your behalf. Goods will have varying warranties.
Goods received appearing to be sub standard. Most products will be delivered and you will receive them in a condition in accordance with the image on the flowerland Web Site. Plants vary in appearance during the course of the year but we are unlikely to change the image during the course of the year. If you receive a plant that you think is sub standard then, contact us immediately on taking it out of its box. We may ask you to send us a photograph or digital image so that there is no doubt as to the plant’s condition on arrival with you. This is because it may change in appearance by the time it has been returned to us. Deciduous plants will loose their leaves at certain times of year and perennial plants may not show any growth above soil level in a pot during the winter. Contacted us within 7 days of receiving a damaged plant we will arrange for a refund or replacement. Please don’t leave it any later as the plant may deteriorate.
Two year guarantee on plants, shrubs, trees and perennials
Our plants (shrubs, trees and perennials) are guaranteed for two years after you receive them. If the plant dies in the first two years, we will replace it or refund you. We are happy to provide this guarantee because if the plants we sell are treated properly there should be no reason why they would die, and we want you to have confidence in making your plant purchases. However, plants that have not been cared for properly are excluded from this guarantee, and we have to exercise our absolute discretion when deciding whether a plant has been properly cared for. Examples of improper care are, without limitation; allowing plants to dry out, over watering, underfeeding, improper location of plants, damage caused by pets, people or objects. If you have a plant that you think has died, make contact with our customer services at firstname.lastname@example.org and we will tell you the process of making a return Please quote your order number in all correspondence. We may ask you to take a digital picture of the plant so that we can understand the problems. Please do not dig up the plant but leave it in its situation when you make your enquiry. You will be charged for delivery on replacement items.
Cancellations. Under the distance selling regulations you have the legal right to cancel your order within seven working days of receipt of the goods (with the exception of fresh cut flowers). Where goods are delivered to a third party (e.g. as a gift delivered directly) you will only be able to exercise this right if you are able to return to us the goods you ordered. For details of how to exercise this right please see our payments and refunds section
Liability We cannot accept any liability for loss or damage caused by persons or organisations using information from the flowerland web site. Liability that may occur from the use of Goods purchased from the flowerland web site becomes the responsibility of you, the purchaser once Goods are delivered. Our liability that may occur as a result of breach of contract is limited to the value of the Goods relating to the Contract. We shall not be liable for any breach of contract after ninety days of completion of the Contract, which is the later of the Contract payment date or Contract delivery date.
These terms and conditions do not affect your statutory rights as a consumer.
We will continually improve the Goods, and changes to them may be made at any time. We will keep the flowerland Web Site up to date but the information and specifications given are for information only and subject to change without notice. Pictures on the Web Site are generally accurate but variations in colour, shape and size will occur.
We cannot take responsibility for the contents of any other web sites to which this Web Site has links, and cannot accept any liability for loss or damage that may result from your experiences with other web sites linked to the flowerland Web Site.
Damage to your computer Flowerland makes every effort to ensure that the Web Site is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. Flowerland shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
Password/account security You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. flowerland shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
Matters out of our control We will not be liable to you or in breach of the Contract due to a cause or causes beyond our reasonable control.
Copyright All content of the flowerland Web Site including text, images, moving images, sounds and any arrangement of these together with the selection and arrangement of it and all software compilations are our copyright protected property or that of the organisations who have allowed us the right to use it and is protected similarly. All rights reserved. None of the material on the flowerland web site may be used without our written permission. You may download or print a single copy for your own personal viewing.
Changes We reserve the right to make changes to the flowerland Web Site and these Terms and Conditions at any time.
Complaints If you wish to complain about any aspect of our service, please email us at. email@example.com We endeavour to reply to all emails within two working days.
General emails to you will be to the email address that you provide to us. If you change your email address you must inform us otherwise we may not be able to communicate with you and we will not be held liable for any delay, loss or damage cause as a result of our not having your correct email address.
If any right is not enforced under this agreement it does not preclude it from being enforced in the future nor does it invalidate this agreement or any part of it. If any part of this agreement is deemed unenforceable then the remainder of this agreement will continue in effect. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation. The singular implies the plural and vice versa. The male gender implies the female gender and vice versa.
Governing law and jurisdiction. These terms will be governed by English law and any disputes will be resolved exclusively by the English Courts.