Terms and Conditions

IMPORTANT LEGAL NOTICE

Please read these terms and conditions carefully before using this website.

These terms are issued by Floralcraft, 45 West Road, Loftus, Cleveland, TS13 4RG. The VAT number is 546 9031 34.

1 INTRODUCTION

1.1 These terms and conditions are issued by Floralcraft. They apply to the entire contents of the Website under the domain name floralcraft.biz (the Website), whether You act as a private individual and a consumer or as a business (referred to as "You").

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 (referred to as "Floralcraft") 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 the Terms.

1.5 Access to the Website may be suspended temporarily and with out notice in the case of system failures, maintenance or repair 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 will not be liable to You or any third party for any modification or withdrawel of the Website.

2 USE AND CUSTOMERS ACCOUNTS (referred to as "Your order")

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 passwords 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, it's design, layout and appearance used in connection with the Website is the exclusive propery of the Company.

3.2 Any content contained in sponsor advertisement or any information presented to You through the Website is protected by copyright, trademarks, service marks, patents or other proprietary rights.

3.3 It is a breach of copyright to use photographic images found on any part of the Website. All photographic images are owend by the Company.

3.4 You agree not to modify, copy, distribute, transmit, display, reproduce, publish, sell or re-sell any information, software, products, or printed extracts from the Website.

4 VISITOR MATERIAL AND CONDUCT

4.1 Other than personally identifiable information which is covered by our privacy policy, any material You transmit or post to the Website shall be considered non-confidential and non-propriety. The Company shall have no obligation with respect to such material, and it shall be free to copy, disclose, and otherwise use such material and all data.

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 hatered, discriminatory, blasphemous, in breach of confidence, in breach of privacy or which otherwise may cause annoyance or inconvenience; or

4.2.2 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil libility, or otherwise be contrary to the law or infringe the right of any third party; or

4.2.3 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 to disclose the identity and/or location of anyone posting any material in breach 4.2 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 the contents, availability or Your use of them. The Company's inclusion of hyperlinks to such website does not imply any endorsement of the materials on such Websites or any association with their operators.

5.2 Any links to third party website on this Website are provided soley for Your convenience. If You use these links, You shall leave this Website. If You deside to access any of the third party website 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 in any way imply that the Company is endorsing anything other than its own operations;

6.1.3 You do not use the Company name or logo without written permission from the Company;

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 link to a website that is not owned or managed by You;

6.1.6 Your website does not contain anything that is distateful or any item mentioned in all of 4.2 as above.

7 INFORMATION MANAGEMENT AND SECURITY

7.1 Check PAYPAL Terms and Conditions.

8 DISCLAIMER OF LIABILITY

8.1 By entering the Website You agree that under no circumstance will the Company or its partners and 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, viewing or listening to any material, or any part of it, on the Website.

8.3 The Company is not liable or responsible for any inaccuracies, errors (including typographical errors) or omissions, or for the result obtained from the use of the Website or its content. All content and any of the services advertised on, or available through the Website are provided "as is" and "as available", with absolutely no guarantee of completeness, accuracy (either when posted or with the passage of time), timeliness or of the results obtained there from, and excluding, to the maximum extent permitted by law, all representations, warranties, conditions and other terms (including, without limitations, the conditions implied by the law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms might have affect in relation to the Website.

8.4 The view expressed on the Website do not necessarily reflect the view of the Company. All content, and any advice received via the Website , are not intended, and should not be relied upon, for any personal, professional, legal or religious decision You may wish to make. Instead You should consult an appropriate professional in order to optain specific advice tailored to Your situation.

8.5 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 virues 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.

8.6 Advertisements (including banner adverts and pop-ups) featured on the Website do not imply endorsement of the services or products advertised. The Company will not be liable or responsible for services or products advertised nor will the Company be liable or responsible for any damage to Your computer equipment, software, data or other properties as the result of Your viewing, or responding to, advertisements (including banner adverts and pop-ups) featured on the Website.

8.7 The Company does not guarantee that the Website will not 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.

8.8 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.

8.9 You enter the Website entirely at Your own risk and if You are dissatisfied with any portion of the Website, or with any of these Terms of use, Your sole and exclusive remedy is to discontinue using the Website.

9 LIABILITY

9.1 Our liability to you for death or personal injury caused by our negligence is not limited.

9.2 We will not be responsible for any other loss you suffer through our failure to comply with the Terms of this contract. In particular we will not have any liability for any loss that was not a resonably foreseeble consequence of our failure to comply with the contract such as any loss of profit, opportunity or liability to any third party or in connection with the use, inability to use or the result of use of this Website, breaches af security, interruptions or delays, or error, any website linked to this Website of the material on such website or the material on such websites, including but not limited to loss or dmage due to viruses that may infect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing this Website or Your downloading of any material from this Website or any website link to this Website.

10 JURISDICTION

10.1 These Terms shall be govered by and constructed in accordance with English Law, and disputes arising in connection with the Terms shall be subject to the exclusive jurisdiction of the English courts.

PRODUCT TERMS AND CONDITIONS

1 ORDERING PRODUCTS

1.1 In these terms and conditions:

1.1.1 "Account" means the account established between us and a business;

1.1.2 "Business" means any company, partnership, charity or organisation;

1.1.3 "Consumer" means a natural person acting outside business purposes;

1.1.4 "Product" means any product purchased by you through our Website;

1.1.5 "us/our or we" means Floralcraft;

1.1.6 "Website" means floralcraft.biz

1.1.7 "You/Your" means the consumer who ordered the Produst(s)

1.2 All orders placed by You are subject to these terms and conditions (Terms). By clicking on the "check out" button on the order form, You are consenting to be bound by these Terms.

1.3 If you are the consumer you must be over 18 to place an order via our Website.

1.4 Whether you are a Business or a Consumer, you must have the legal authority to order any Product via this Website.

1.5 If you order Products from our Website we will send you an email through PayPal confirming recipt of your order, 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 and confirmation of any message to be delivered with the products ordered. VAT Registration details will also be uncluded to enable you to utilise this confirmation as a VAT recipt should this be a result of your purchase.

1.6 Your order is an offer from you to us to purchase the Products. Our acknowledgment of your order is not acceptance of your order.

1.7 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 Floralcraft will confirm that your order has been accepted by sending an email 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.

1.8 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.

1.9 You can only deliver mulitiple Products ordered over the Website to one address. If you need to deliver to more than one address please call to delivery on: 01287 643633 or 01642 712242

1.10 Illustrations, photographs, dimensions and description of Products on our Website are intended as a general guide to the Products only and do not form parts of our contract with you. Products may vary slightly in appearance from those depicted on the Website.

2 PRODUCTS

2.1 All Products are subject to availablity. In the event of any supply difficulties, we reserve the right to subsititute a Product of equivalent value and quality without notice.

2.2 In the event that we are unable to supply the Product 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.

2.3 We may deliver certain flower Product in bud to ensure longer life.

2.4 Some Products, flowers and plants may be harmful or poisonous, if you require futher information befor submitting an order please contact us 01287 643633 or 01642 712242.

3 PRICES

3.1 The prices payable for the Products that you order is shown on our Website.

3.2 The Website shall detail whether our prices are shown inclusive of VAT and prices are show exclusive of delivery which is a charged seperately. Delivery costs will be shown separately in the checkout before you enter your details for payment.

3.3 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.

3.4 If the price of a Purchase is lower than stated on our Website we will send you the Product and charge you the lower price.

4 PAYMENT

4.1 Please check PayPal's Terms and Conditions.

5 DELIVERY

5.1 Delivery dates, times and delivery call-off times shall be detailed on the Website when you order Products.

5.2 Whilst we agree to endeavour to ensure that delivery will be on the requested delivery date or during delivery period , in very occasional circumstances delivery on the requested terms were not possible, In such circumstances you will be given notice wherever possible and we shall either make alternative arrangements for re-delivery or reimburse your payment in full.

5.3 We will deliver the Product by you to the address you give to us for delivery at the time you make your order. We cannot guarantee when any item will be dispatched and we are unable to specify a time for delivery.

5.4 Some orders will require a signature on delivery. This will apply in the case of delivery of certain Products or to certain location where a third party is involved, such as offices, hospitals, Funeral Directors, hotels 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.

5.5 You will become the owner of the Product 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.

5.6 We shall not be liable for any failure to perform, where such failure or delay results from circumstances outside our reasonable control including but not limited to any fire, flood, explosion, accident, adverse weather condition, traffc congestion, mechanical breakdown, obstruction of any private or public highway, riot, goverment act, act of war, terrorisum, act of god, or from any industrial dispute or strike whatsoever.

5.7 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 infomation being supplied but you.

5.8 Except where stated our Standard Delivery is the sameday when an order arrives to us befor 2pm for which is charged at £4.95 (inc VAT) will be charged. We cannot guarantee specific delivery times. We do not deliver on Sundays or on public holidays.

5.9 We are unable to deliver to BEFPO addresses and PO Boxes.

5.10 Where there is a named house and no Postal Code we will require a telephone number.

5.11 To avoid problems or delays with delivery, please ensure that you have include the full address details, including accurate postcode of the intended recipient and telephone, together with your daytime contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encounted.

6 IF YOU CHANGE YOUR MIND-CONSUMERS

6.1 If you are a Consumer and subject to clause 6.3, by law you have the right to cancel your contract before you recieve the Product or to return any Products to us within 7 working days after the date of receipt of the Product. It is your responsibility to take good care of the Product to ensure that Product and their packaging are not damaged. If you have already received the Product from us and wish to return it please follow our return policy set out in clause 10.

6.2 Once you have notified us that you are returning the Products the cost of the Product will be re-credited to your credit or debit card as soon as possible and in any event within 30 days of your order provided that the Product in question are returned by you and received by us. If you do not return the Product delivered to you or you do not pay the cost of returning them we shall be entitled to deduct the direct cost of recovering the Products from the amount to be re-credited to you.

6.3 Your right to cancel as specified in Clause 6.1 shall not apply to you:

6.3.1 Products supplied to your specification or which are personalised; or

6.3.2 Products which are liable to deteriorate rapidly including, but not limited to, flowers.

7 REFUND POLICY

7.1 Refunds may occasional be given at the discretion of the management.

8 IF PRODUCTS ARE DAMAGED OR FAULTY

8.1 Because of the perishable nature of many Products you are advised to make any complaint within 1 working day of the delivery date of your Products.

8.2 We guarantee seven days of freshness for your flowers, plants or associated items from the date of delivery. If any flowers arrive damaged, die or wilt within seven days of delivery you should take a digital photograph of them and email it to floralcraft@googlemail.com or take them to either Loftus or Stokesley shop that delivered them and we will replace the flowers.

8.3 If you want to return a Product to us other than in accordance with clause 8.2 because it was damaged when delivered or is faulty, please use our return policy set out in clause 10. If you want a refund not a repair or replacement we will refund you the price and the delivery cost and the cost of returning it to us. Please send us a receipt for the return postage costs.

8.4 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 cost incurred by us.

9 IF WE SENT YOU THE WRONG PRODUCTS

9.1 If we sent you a Product that you have not ordered please use our returns policy set out in clause 10. If you return it to us we will refund the price, the original delivery costs and the cost of returning it to use.

10 RETURNS POLICY AND COMPLAINTS

10.1 If you are returning a Product in a accordance with clause 8 or 9 or you have a complaint please contact us by email floralcraft@googlemail.com or telephone us on 01287 643633 or 01642 712242 or by post Floralcraft, 45 West Road, Loftus, Cleveland, TS13 4RG. You will then be given a returns reference number. You must quote this number in all correspondence. Each return will be dealt with individually and the most appropriate action agreed with you.

10.2 Where Products are being returned to us we advise you to return Products by a secure postal method to the address in clause 10.1. If you have a difficulties returning the Product, please contact us on 01287 643633 or 01642 712242 to arrange a suitable solution.

10.3 If you do not use the returns reference number on all correspondence it may delay our response to you.

11 CANCELLATION BY US

11.1 We reserve the right to cancel the contract between us if:

11.1.1 we have insufficient stock to deliver the Product you have ordered; or

11.1.2 the price or description of the Product was listed incorrectly due to a typographical erroe or an error in the pricing information recieved by us from our suppliers.

11.2 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 obligated to offer any compensation for loss or disappointment surrered by you.

12 OUR LIABILITY

12.1. We will not be liable for any loss suffered through failure to use the Products in a normal and proper manner or through altering or modifing the Products, failure to follow any guidelines or useig the Products in a careless or negligent manner.

12.2 Our liability to you for death or personal injury caused by our negligence is not limited.

12.3 Our liability to you other than for death or personal injury caused by our negligence is limited to the cost of replacement of the Products or refund of the price paid for the Product.

12.4 We will not be responsible for;

12.4.1 any other loss you suffer through our failure to comply with the terms of this contract. In particular we will not have any liability for any loss that was not a reasonably foreseeable consequence of our failure to comply with the contract such as any loss of profit, opportunity or liability to any third party; or

12.4.2 any failure to deliver Products or delay due to any event or circumstance beyond our reasonable control.

13 INVALIDITY

13.1 If any of these Terms are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

14 NOTICES

14.1 All notices from you to us must be in writing and sent to our contract address at: Floralcraft, 45 West Road, Loftus, Cleveland, TS13 4RG or email at floralcraft@googlemail.com and all notices from us to you will be displayed on our Website from time to time.

15 EVENTS BEYOND OUR CONTROL

15.1 We shall have no liability to you for any failure to deliver Products you have ordered or any delay in doing so or for any damage or default to Products delivered if caused by any event or circumstances beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

16 PRIVACY

16.1 You acknowledge and agree to be bound by the terms of our privacy policy and Website terms and conditions of use.

16.2 By placing an order with Floralcraft you are agreeing to recieve promotional information from us. Please send an email to floralcraft@googlemail.com if you do not wish to receive promotional information.

17 THIRD PARTY RIGHTS

17.1 A person who is not a party to this agreement has no right under Contracts (Rights and Third Parties) Act 1999 to enforce any terms of this agreement but this does not affect any right or remedy of a third party which exists or is available apart from the Act.

18 GOVERNING LAW

18.1 The contract between us shall be governed by and interpereted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

19 ENTIRE AGREEMENT

19.1 These Terms, together with our current Website prices, delivery details, contract details, Website terms of use and privacy policy, set out the whole of our agreement relating to the supply of the Product to you by us. If you require any change please make sure that you ask for these to be put in writing. In that way we can avoid any problems surrounding what we and you are expecting to do.

Our shops and opening hours

We have shops in Loftus, Cleveland and Stokesley, North Yorkshire.

Opening hours are:

  1. Mon to Sat: 8.30am to 5.00pm
  2. Wednesday closing at 2.00pm
  3. Saturday closing at 4.00pm

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Delivery areas

Map of delivery areas

We deliver to the Middlesborough, Stockton, Yarm, Stokesley, Redcar, Loftus and Whitby areas.

Full list of delivery areas

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