TERMS AND CONDITIONS
These terms and conditions apply to the use of the Gillyflower Website and, by accessing this 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 this Website. If you have any questions relating to these terms and conditions please call us on 07904904166, between 9am -5pm Monday to Friday, before placing an order.
Refund Policy: Please contact us by email or telephone within 24 hours of receipt if flowers are damaged, with pictures if possible. Please contact us within two days of receipt if you are concerned about flower freshness or quality as our flowers last for approx. 5 days. If the care instructions have been followed you will have the option of a full refund or a new bouquet (delivery to the same address).
Delivery: Orders must be received by 12noon on the day before delivery. In the event of delivery failure we will offer the option of a full refund or a fresh bouquet on another delivery date. We will not be responsible for flowers affected by the recipient not being available to sign for the bouquet. Anomalies in your submitted personal details may lead to problems or delays in delivery, so before placing your order, please ensure that you have included the full address details, including accurate postcode of the intended recipient and your daytime contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered. If you expect the recipient to be out and there is a suitable place for flowers to be left (e.g., garage, porch) please indicate this in the Message section.
Flower Care: Giving the flowers fresh cool water and replacing the water at least every second day will make your flowers last longer. Re-cut the stems of the flowers every few days to remove blocked and sealed stem ends. Keep the flowers in a cool place, away from direct sunlight or sources of heat such as radiators.
Bouquet composition: We reserve the right to choose the best flowers in the garden each day and so bouquets will be different from those shown in the photographs on our website. In the event that we are unable to supply your bouquet, we shall notify you as soon as is reasonably possible and shall reimburse your payment in full and in any event no later than 30 days after the intended delivery date.
We reserve the right to buy in flowers from other British growers in the event of crop failure or in periods of very high demand.
Payment: Payments may be made using a debit, credit card or Paypal account using the Paypal website. All cards are subject to validation checks and authorisation by the card issuer. We will not be liable for delays or non-delivery if, for any reason, your card issuer refuses to authorise payment. Ownership of our bouquets will only pass to you when we receive full payment of all sums due.
“Conditions” means these terms and conditions;
“Product” means an item displayed for sale on the Website;
“Product Description” means that part of the Website where certain terms and conditions in respect of a Product are provided;
“Users” means the users of the Website collectively;
“Personal Information” means the details provided by you;
“We/us” means Gillyflower
“Website” means the website located at www.gillyflower.org.uk;
“United Kingdom” means England, Wales, Scotland, Northern Ireland and the Channel Islands
and “You” means a user of this Website.
Use of the website: You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed in accordance with these Conditions. You warrant that the Personal Information which you provide as a customer is true, accurate, current and complete in all respects. You will notify us of any changes to the Personal Information by e-mail or calling us on 07904 904166.
Indemnity: You agree fully to indemnify, defend and hold us, and our 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 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.
Our rights: We reserve the right to: modify or withdraw, temporarily or permanently, this 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 change the 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.
Privacy: As with all shopping websites, we collect personal information from you when you shop online at www.gillyflower.org.uk. We use this information to make your shopping experience as easy and enjoyable as possible. We need it to process your order, and inform you of any delays or problems.
The information we collect is:
-Your name, so we know what to call you
-Email address, so we can email you order confirmations, delivery delays, offers etc
-Telephone number, we’ll only call if we have a delivery problem
-Payment Card details. We do not store credit card details nor do we share customer details with any 3rd parties.
-Mobile number, so we can text you with details about your orders or where we have a question
We use secure server technology to ensure all this information is protected to the highest standards.
Orders: 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 cannot be held 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.
Delivery Policy: Orders for next day delivery must be placed before 12noon. Please note that there are no deliveries on Sundays, Mondays, Bank Holidays and the day following a bank Holiday. Delivery is only to destinations within a 5mile radius of the company address (173A High Street, Berkhamsted HP43HB) Deliveries beyond that radius are at the discretion of the Company and will incur a delivery charge.
Contract creation and electronic contracting: The technical steps required to create the contract between you and us are as follows: You place the order for your products on the Website by pressing the payment button on the Payment page of the checkout process. Your credit or debit card will be charged at this point. If you have provided a valid email address, we will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Gillyflower. Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or cancel an order. Non-acceptance of an order may be a result of one of the following: The product you ordered being unavailable from stock. Our inability to obtain authorisation for your payment. The identification of a pricing or product description error. You not meeting the eligibility to order criteria set out in the main Terms & Conditions. The contract will be concluded in English.
Cancellation and Refund Policy: When you place an order for flowers, should you realise you have made a mistake or change your mind, we are able to amend or cancel your order up to 12 noon on the day before the scheduled delivery date you requested. • A refund/replacement can be made if the customer establishes that the quality of product delivered is not as advertised. • In case of receipt of damaged flowers, please contact us for a refund/replacement. The matter should be reported within 24 hours of receipt. • In case you feel that the product received is not as shown on the site or as per your expectations, you must bring it to our notice within 24 hours of receiving the product.
Description of products: 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. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.
Flowers: In the event of supply difficulties, we reserve the right to substitute goods or packaging of equal quality and value.
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. 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.
Compliance with laws : The 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.
Limitation of liability: 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. 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 non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely 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, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
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 Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
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 out of or in connection with the Conditions for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
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.
Severance: 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 the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Waiver: No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Survival: Each provision of the 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.
Entire agreement: These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Gillyflower and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
Law: 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.
Contact: The company address, Gillyflower, 173A High Street, Berkhamsted HP4 3HB.
Please check back frequently to see any updates or changes to these Conditions. Questions regarding the Conditions should be directed to: Trevor Allan Davies, 173A High Street, Berkhamsted HP4 3HB.