Please read all these Terms and Conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01764430033.
- These Terms and Conditions will apply to the purchase of the goods by you (the Customeror you). We are Victoria Bloom Ltd a company registered in Scotland under number SC547501 whose registered office is at 47 South Street, St Andrews, Fife, KY169QR with email address email@example.com; telephone number 01334796004; (the Supplier or us or we).
- These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions.
- Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the supply of the Goods;
- Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
- Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
- Website means our website https://victoriabloom.uk on which the Goods are advertised.
- The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
- In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Goods which appear on the Website are subject to availability.
- We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
- The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- The sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
- No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Price and Payment
- The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
- Prices and charges include VAT at the rate applicable at the time of the Order.
- You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
- We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 5 days after the day on which the Contract is entered into.
- In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Sale at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
- If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
- We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
- We will always attempt to deliver your order or subscription request to the address that was entered on the order page. It is vital that a complete address is provided such as a flat number, post code, unit, room number, street address and town or as much information as possible. For hard to reach areas please contact customer services and provide us with additional information.
Risk and Title
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal, Returns, Cancellation & Refunds
- You can withdraw the Order by telling us before the Sale is completed, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- This is a distance contract(as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
- foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
- goods that are made to your specifications or are clearly personalised;
- goods which are liable to deteriorate or expire rapidly.
- perishable goods such as flowers.
- Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
- in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to Cancel
- Subject as stated in these Terms and Conditions, in most cases you can cancel this sale before the goods are delivered without giving any reason however should we have to order in specifically and we have made the order to the supplier then we will charge the cost of the items.
- Orders or subscription request can be cancelled 24 hr prior to the specified delivery date by emailing firstname.lastname@example.org, stating your name, recepiant and reason for cancelling. Please note, once orders or subscription requests have been despatched we cannot cancel it due to the perishable nature of flowers. We cannot cancel orders or subscription requests during peak busy times (Christmas, Valentine’s Day and Mother’s Day) as flowers are ordered and orders can be processed up to 7 days prior to despatch. Once we have received your cancellation request we will confirm this cancellation via email.
Effects of Cancellation in the Cancellation Period
- Except as set out below, if you cancel this Sale, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods Supplied
- We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
- Due to the perishable nature of all flower deliveries any complaints and refunds will be dealt with on a case by case basis and will be reviewed by us. This does not affect your statutory rights.
- If flowers are disposed without photographic evidence, any refund request will be denied. To gain an accurate representation of a bouquet it is preferred that a photograph is taken within 24 hours of receipt. We require any quality issues brought to our attention with supplied photographs within 2 days of the receipt of the item
- If we cannot make contact with the recipient or the customer, through no fault of our own or the customer does not contact us, we cannot be held responsible for non-delivery if we have tried all possible methods to fulfil the order and regrettably a refund/replacement will be denied.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 5 West High Street Crieff PH74AU without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
- However, due to the perishable nature of most of our products, the 14 day return rule does not apply to perishable items, please refer to section 44.
- For the purposes of these Cancellation Rights, these words have the following meanings:
- distance contractmeans a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded. Please note that a distance sale does not apply to perishable goods such as flowers.
- sales contractmeans a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
Circumstances Beyond the Control of Either Party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- For the purposes of these Terms and Conditions:
- ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
- ‘GDPR’ means the UK General Data Protection Regulation.
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we Process in providing Goods to you.
- Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
- For any enquiries or complaints regarding data privacy, you can e-mail: email@example.com.
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing Law, Jurisdiction and Complaints
- The Contract (including any non-contractual matters) is governed by the law of Scotland.
- Disputes can be submitted to the jurisdiction of the courts of Scotlandor, where the Customer lives in England and Wales or Northern Ireland, in the courts of respectively England and Wales or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution either by email, telephone or in writing to our registered address. We will aim to respond with an appropriate solution within 5 days..
- You acknowledge and are agreeing that Victoria Bloom retains ownership of all intellectual property rights and other rights in all and any designs, creative proposals, arrangements, artwork, drawings, photographs, visual images, displays, mood boards, materials, content and other information that we create for you or provide or make available to you in relation to your order. You shall have no right to use, copy or modify the content in any way (whether for commercial or personal use or otherwise) without our prior written or emailed consent.
You acknowledge and agree that damages may not be an adequate remedy for a breach of this and that, without prejudice to any and all other rights or remedies that it may have, we shall be entitled to seek an injunction, an order for specific performance or any other equitable relief for any actual or threatened breach.
NATURE OF FLOWERS
- All orders of flowers are subject to availability and certain flowers may vary from that shown in our illustrative images. You understand that flowers are natural products and some variation in size, colour, shape and length of life is to be expected and that they might vary slightly from the specifications. In the event of any supply difficulties, you agree that, at our sole discretion, we may substitute an ingredient or component with one of similar value and quality without notice. Please call or email us prior to ordering if you or the receipiant have an allergy. We cannot guarantee that any of the flowers supplied by us are free of allergens. Some flowers may be harmful or poisonous. If you require further information before submitting an order, please contact us either by phone or email. In order to get the best out of your flowers, please follow any care cards or instructions that we may give to you. Please note that fresh flower arrangements last an average of 5 to 6 days if properly cared for and our guidelines are followed. However, some seasonal flowers may only last 3 to 4 days; this is a characteristic of the flower and is completely normal. Assuming that your flowers are properly maintained in accordance with our guidelines and recomendations, we only guarantee our flowers for these time periods stated.
- These Terms and Conditions were created using a document from Rocket Lawyer(https://www.rocketlawyer.com/gb/en).