GENERAL TERMS AND CONDITIONS
1.1 These terms and conditions (Terms) are issued by Passion Flowers Limited (the Company). They apply to the entire contents of the websites under the domain name www.passionflowers.uk.com (the Website) whether you act as a private individual and consumer ("Consumer") or as a business ("Business") (referred to as "You" other than where specifically indicated) and the Company.
1.2 By accessing any part of the Website, You shall be deemed to have accepted these Terms in full. If You do not accept these Terms in full, You must leave the Website immediately.
1.3 The Company may revise these Terms at any time by updating this posting. You should check the Website from time to time to review the then current Terms, because they are binding on You.
1.4 You warrant that You possess the legal authority to enter into any agreement and to use this Website in accordance with its Terms.
1.5 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
1.6 The Company reserves the right to modify or withdraw, temporarily or permanently the Website (or any part of it) with or without notice and shall not be liable to You or any third party for any modification or withdrawal of the Website.
2 USE AND CUSTOMER ACCOUNT
2.1 You warrant that any information that You provide when You register as a customer is accurate and complete in all respects and You will notify the Company of any changes to that information.
2.2 You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer to prevent unauthorised access following registration.
2.3 You agree not to impersonate any other person or business, organisation or body corporate or to use a false name that You are not authorised to use.
2.4 We may disable any account where we think you have failed to comply with the Terms or we think unauthorised use has been made of the Website.
2.5 As a condition of Your use of this Website, You warrant to the Company that You will not use this Website for any purpose that is unlawful or prohibited by these Terms.
3 USE OF MATERIAL APPEARING ON THE WEBSITE AND INTELLECTUAL PROPERTY POLICY
3.1 The Website, its design, layout, look, appearance and graphics and any necessary software used in connection with the Website is the exclusive property of the Company.
3.2 Any content contained in sponsor advertisements or any information presented to You through the Website is protected by copyright, trademarks, service marks, patents or other proprietary rights.
3.3 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website are owned by or licensed to the Company. This includes all text, graphics, images, photographs, video and sound material.
3.4 It is a breach of copyright to use photographic images found on any part of the Website without gaining the Company’s prior permission. If You would like to use an image found on the Website, please contact the Company for further details.
3.5 You agree not to modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, software, products, or services obtained from the Website.
3.6 If You breach any of these Terms Your permission to use the Website and any extracts of material from it terminates and You must immediately destroy any downloaded or printed extracts from the Website.
4 VISITOR MATERIAL AND CONDUCT
4.2 You are prohibited from posting or transmitting to the Website any material:
4.2.1 that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial and/or religious hatred, discriminatory, blasphemous, in breach of confidence, in breach of privacy or which otherwise may cause annoyance or inconvenience; or
4.2.2 for which You have not obtained all necessary licences and/or approvals; or
4.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party, in the UK or abroad; or.
2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 The Company will fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity and/or location of anyone posting any material in breach of Clauses 4.2 or 4.3 above.
5 LINKS TO THIRD PARTY WEBSITES
5.1 This Website may contain hyperlinks to websites operated by parties other than the Company. The Company does not control such websites and is not responsible for their contents, availability or Your use of them. The Company's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such Websites or any association with their operators.
5.2 Any links to third party websites on this Website are provided solely for Your convenience. If You use these links, You shall leave this Website. If You decide to access any of the third party websites linked to the Website, You do so entirely at Your own risk.
6 LINKS TO THE WEBSITE
6.1 If You would like to link to the Website, You may only do so on the basis that You link to, but do not replicate, the home page of the Website, and subject to the following conditions:
6.1.1 You do not remove, distort, otherwise alter the size or appearance of the Company logo;
6.1.2 You do not create a frame or any other browser or border environment around the Website;
6.1.3 You do not in any way imply that the Company is endorsing anything other than its own operations;
6.1.4 You do not misrepresent Your relationship with the Company nor present any other false information about the Company;
6.1.5 You do not otherwise use the Company trademarks, name and logo without express written permission from the Company;
6.1.6 You do not link from a website that is not owned by You;
6.1.7 Your website does not contain content that is distasteful, offensive or controversial, or which infringes any intellectual property rights or other rights of any person or which otherwise does not comply with all applicable laws and regulations.
6.2 The Company expressly reserves the right to revoke the permission granted in Clause 6.1 if You breach the terms set out therein, and to take any action in respect of such breach as it deems appropriate.
6.3 You agree to compensate the Company for any loss or damage suffered by the Company as a result of Your breach of the terms of Clause 6.1.
7 INFORMATION MANAGEMENT AND SECURITY
7.2 When the Company asks You to submit financial information, such as Your credit or debit card number the Company uses industry standard technology for secure commercial transactions. This encrypts data, including Your credit or debit card number. The Company will not be liable for any unauthorised transactions made using Your personal or financial details, unless we are negligent. Most banks or credit card providers either cover all charges resulting from such unauthorised use or limit Your liability to a maximum amount. Refer to Your credit or debit card agreement to check Your coverage liability.
8 DISCLAIMER OF LIABILITY
8.1 By entering the Website You agree that under no circumstance will the Company or its agents, officers or employees be held liable or responsible for: any content contained on or omitted from the Website; any person’s reliance on any such content, whether or not the content is complete, current or correct; any viruses or defects that may be found to exist on the Website.
8.2 All information found on the Website is intended for guidance only. The Company will not be liable or responsible for any damage or loss caused as a result of Your doing, or not doing, anything as a result of reading, viewing or listening to any material, or any part of it, on the Website.
8.3 excluding, to the maximum extent permitted by law, all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms might have effect in relation to the Website.
8.4 Although the Company takes all reasonable steps to ensure that the Website is safe for users it is possible that material on the Website may be susceptible to data corruption, interception and unauthorised amendment for which the Company does not accept liability or responsibility. The Company does not accept liability or responsibility for the presence of any computer viruses contained in any material on the Website, whether it is read, viewed, listened to, copied, downloaded, printed or accessed in any other way. The Company does not accept liability or responsibility for any losses caused as a result of any computer viruses contained in any material on the Website.
8.5 The Company does not guarantee that the Website will be compatible with all hardware and software that may be used by You. The Company will not be held liable or responsible for any damage to Your computer equipment, software, data or other property as the result of Your access to, use of, or browsing of any material on the Website.
8.6 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, You shall be responsible for all costs thereof.
Product Terms & Conditions
1.1 If you order Products from our Website we will send you an email confirming receipt of your order, your order number, invoice address, delivery address, description of Products ordered, the price (including VAT) and quantity of the products ordered, the expected delivery date of the products and confirmation of any message to be delivered with the products ordered.
1.2 Save where you hold an Account, we shall insist on receiving payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings in to existence a legally binding contract between us.
1.3 If you order multiple Products and we have not confirmed dispatch of all the Products in your order status then those Products not listed do not form part of our contract with you.
1.4 You can only deliver multiple Products ordered over the Website to one address. If you need to deliver to more than one address please contact us.
1.5 Illustrations, photographs, dimensions and descriptions of Products on our Website are intended as a general guide to the Products only and do not form part of our contract with you. Products may vary slightly in appearance from those depicted on the Website.
2 REGISTRATION AND WEBSITE USE
3.1 All Products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute a Product of equivalent value and quality without notice.
3.2 In the event that we are unable to supply the Products or any substitute product to you at all, 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.
3.3 We may deliver certain flower Products in bud to ensure longer life. Any other special Product information, for example, shelf life, shall be shown on our Website.
3.4 Some Products, flowers and plants may be harmful or poisonous, if you require further information before submitting an order please contact us.
4.1 The price payable for the Products that you order is shown on our Website.
4.2 The Website prices are inclusive VAT and Prices are show exclusive of delivery which is charged separately. Delivery costs will be shown separately in the checkout before you enter your details for payment.
4.3 If the price of a Product is incorrectly shown and is higher than stated on our Website we will either send you an email informing you of the new price and asking you if you want to proceed with your order or we will cancel the order and inform you.
4.4 If the price of a Product is lower than stated on our Website we will send you the Product and charge you the lower price.
5.1 We accept payment by credit and debit card. We will not dispatch a Product until we have received payment from you. If for any reason payment is refused after we have dispatched the Products we will have the right to request the payment from you or recover the Products from you and charge you for our costs in recovering the Products or seeking further payment.
6.1 Delivery dates, times and delivery call-off times shall be detailed on the Website when you order Products.
6.2 We will deliver the Products ordered by you to the address you give to us for delivery at the time you make your order. We endeavour to deliver on the correct date, timed deliveries are only available for funeral tributes and for orders that have had a time for delivery pre agreed. Please contact us to arrange a special time.
6.3 Some orders will require a signature on delivery. This will apply in the case of delivery of certain Products or to certain locations where a third party is involved, such as offices, hospitals, Funeral Directors, airports, hotels, flats or apartments with concierge services, ships and other business locations. The signature of any person authorised to accept delivery on behalf of the organisation shall be accepted as proof of delivery to your chosen recipient.
6.4 You will become the owner of the Products you have ordered when they have been delivered to you or the representative of the recipient. You are responsible for any insurance (where relevant) security after delivery. Once Products have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6.5 Neither we, nor any courier or postal service that we use shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control including but not limited to any fire, flood, explosion, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, government act, act of war, terrorism, act of God, or from any industrial dispute or strike whatsoever.
6.6 Please ensure that you enter full and accurate details, including the address and the postal code, of the recipient. We will not be responsible for any orders which are not delivered due to incorrect or incomplete information being supplied by you. If you need to change detail please contact and we will endeavour to do this for you.
7 IF YOU CHANGE YOUR MIND - CONSUMERS
7.1 If you are a Consumer and subject to Clause 7.3, by law you have the right to cancel your contract before you receive the Products.
8 REFUND POLICY
8.1 Refunds may occasionally be given at the discretion of the management.
9 IF PRODUCTS ARE DAMAGED OR FAULTY
9.1 Because of the perishable nature of many Products you are advised to make any complaint within 2 working days of the delivery date of your Products.
9.2 We will inspect all Products returned to us as faulty or damaged. If we discover that they are not faulty or damaged we may recharge you for the Products and the costs incurred by us.
12 CANCELLATION BY US
12.1 We reserve the right to cancel the contract between us if:
12.1.1 we have insufficient stock to deliver the Products you have ordered; or
12.1.2 the price or description of the Products was listed incorrectly due to a typographical error or an error in the pricing information received by us from our suppliers.
12.2 If we do cancel your contract we will notify you by email and refund any sum paid by you to your credit or debit card. We will not be obliged to offer any compensation for loss or disappointment suffered by you.
17.2 By placing an order with Passion flowers Derby you are agreeing to receive promotional information from Passion Flowers Derby via email. Please send an email to unsubscribe to firstname.lastname@example.org if you do not wish to receive promotional information.
19 GOVERNING LAW
19.1 The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
20 ENTIRE AGREEMENT
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