TERMS & CONDITIONS
These terms and conditions apply to the use of the www.littlebeechesflorist.co.uk 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 email info@littlebeechesflorist.co.uk before placing an order.
DEFINITIONS:
• “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 Little Beeches Florist.
• “Website” means the website located at Little Beeches Florists – Hampshire.
• “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.
PAYMENT
Payments for online products will usually be made via PayPal Payment link, Apple Pay and 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 products will only pass to you when we receive full payment of all sums due.
Payment terms are fully laid out on invoices, if payments have not been made within one month of the invoice date, then we reserve the right to charge fees.
FLOWER CARE AND HANDLING
Re-cut the stems of our flowers every few days to remove blocked and sealed stem ends. Give the flowers fresh cool water and replace every few days. Keeping the flowers in a cool place, away from direct sunlight and ripening fruit, will help them last longer.
Please note that some flowers and plants may be harmful or poisonous. In particular, your arrangement may contain foxgloves or lily of the valley, – which are poisonous and toxic if eaten, and lilies which can be extremely toxic to cats.
Please do not eat and avoid contact with children and animals. Please handle flowers with gloves and wash your hands before eating or drinking.
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.
TRADEMARKS AND COPYRIGHT
All images unless indicated otherwise belong to Little Beeches Flowers Hampshire and may not be reproduced unless granted prior permission from Little Beeches Florist explicitly.
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 Little Beeches Flowers Hampshire.
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 two days 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. Please submit a photograph and details of discrepancy.
• In case of receipt of damaged flowers, please contact us and include photographic evidence 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.
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 will 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 Little Beeches Flowers Hampshire 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 authority of the courts of England.
FORCE MAJEURE EVENT
1. Definition
1.1. For the purpose of this agreement, a “Force Majeure Event” shall mean any event or circumstance beyond the reasonable control of Little Beeches Florist that prevents or hinders Little Beeches Florist ‘s ability to perform its obligations under this agreement, including but not limited to:
1.1.1. Acts of nature such as earthquakes, floods, hurricanes, fires, or other natural disasters.
1.1.2. Acts of government, including but not limited to changes in laws or regulations that affect the floristry industry.
1.1.3. Acts of terrorism, war, or other hostilities.
1.1.4. Labour strikes, lockouts, or other labour disputes affecting Little Beeches Florist.
1.1.5. Pandemics, epidemics, or other public health emergencies.
1.1.6. Supplier shortages or disruptions in the supply chain that are beyond Little Beeches Florist ‘s control.
2. Notice:
2.1. In the event of a Force Majeure Event, Little Beeches Florist shall promptly notify the other party by email, specifying the nature and extent of the Force Majeure Event and its anticipated impact on the performance of its obligations under this agreement.
3. Performance Delay or Excuse:
3.1. Upon occurrence of a Force Majeure Event, Little Beeches Florist ‘s obligations under this agreement may be temporarily suspended, delayed, or excused, to the extent necessary, without any liability or penalty.
4. Mitigation:
4.1. Little Beeches Florist shall make reasonable efforts to minimize the effects of the Force Majeure Event and to resume performance of its obligations as soon as reasonably possible.
5. Termination:
5.1. If a Force Majeure Event continues for an uninterrupted period of 10 days, either party may have the right to terminate this agreement by providing written notice to the other party.
6. No Compensation:
6.1. In the event of a Force Majeure Event, neither party shall be entitled to compensation, damages, or penalties from the other party due to the non-performance or delay in performance of their obligations under this agreement.
7. Extension of Time:
7.1. If Little Beeches Florist is unable to perform its obligations due to a Force Majeure Event, the time for performance of such obligations shall be extended for a period equal to the duration of the Force Majeure Event.
8. Continuation of Other Provisions:
8.1. All other provisions of this agreement not affected by a Force Majeure Event shall remain in full force and effect.
9. Governing Law:
9.1. This Force Majeure Clause shall be governed by and construed in accordance with the laws of England.
10. Entire Agreement:
10.1. This Force Majeure Clause is an integral part of the overall agreement between the parties and shall be binding upon them.
Please check back frequently to see any updates or changes to these Conditions.