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Terms and conditions of sale (www.InterfoneFlowers.com)
1 DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" means www.InterfoneFlowers.com of 145-187 St John Street, London, EC1V 4PW;
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer. 2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3 ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
4 PRODUCT
4.1 The Sellers Products may be delivered in-bud to ensure a longer life.
4.2 All Products are subject to availability. In the event of any supply difficulties, the Seller reserves the right to substitute Product of equivalent value and quality without notice.
4.3 In the event that we are unable to supply the Product selected by the Buyer or any substitute product, 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.
4.4 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in ‘How to order” page.
5 PRICE AND PAYMENT
5.1 The Price of the Goods shall be that stipulated on the Seller’s Website. The Price is inclusive of VAT. The Price includes local delivery charges for orders within the UK. A service and relay charge may be applied depending on the product, delivery location and delivery date specified. An additional charge will be made for delivery to locations outside of the UK.
5.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
5.3 After the order is received the Seller shall confirm by email the details description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
5.4 Payment of the Price including any VAT and delivery charges must be made in full before dispatch of the Goods.
6 RIGHTS OF SELLER
6.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
6.2 The Seller reserves the right to withdraw any goods from the Website at any time.
6.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
7 AGE OF CONSENT
7.1 Where Goods may only be purchased by persons of 18 years of age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
7.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
8 WARRANTY
8.1 The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller on the website, or a substitute Product of equivalent value and quality. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
8.2 The Seller guarantees the quality and condition delivery of the product, should you not be entirely satisfied please contact us within 3 working days. Email - info@interfoneflowers.co.uk Telephone - 0800 21 28 24.
9 DELIVERY
9.1 Goods supplied within the UK will normally be delivered within the number of working days specified within the product description after receipt of the order from the Buyer. Any and all exceptions to this are listed within ‘the Delivery’ section of the Sellers website
9.2 Goods supplied outside the UK will normally be delivered according to the schedule outlined within the ‘International Gifts’ section of the site and including the exemptions detailed within ‘the Delivery’ section of the sellers web site, after receipt of the order from the Buyer.
9.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
9.4 Incorrect 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.
9.5 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
9.6 Delivery of the Goods shall be made to the Buyer’s address specified or a person and address specified by the Buyer as the delivery address and recipient in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. A delivery is interpreted by the Seller as ‘a delivery attempted by us or our selected couriers at the delivery address specified by the buyer’, we do not accept any liability for any delay to delivery caused by the absences of the designated recipient to receive the flowers or gifts at the specified delivery address. If the recipient is not at the address you have requested, our courier will leave a calling with a telephone number for the recipient to call. We will attempt to deliver to a neighbour or if there is a safe place will leave the package, if this fails it will be returned to the depot.
9.7 Our next day delivery of gifts cannot currently be offered to the following places Channel Islands, Highlands, Isle of Man, Eire or Northern Island.
9.8 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
9.9 The Seller can not take responsibility for any delay in delivery when delivering to a 3rd Party premises i.e. Hospitals, Hotels, University Campuses etc, who have their own policy for receiving packages.
10 CANCELLATION AND RETURN
10.1 Orders may be amended or cancelled up to 24 hours before the intended delivery date for UK, Republic of Ireland and Channel Islands, and 48 hours before the intended delivery date where delivery is outside UK, Republic of Ireland and Channel Islands.
10.2 To amend or cancel your order, please contact the Interfone Flowers Team from 8:30am until 6:30pm Monday to Friday using the contact details set out in Section 9.3 below.
10.3 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by calling 0800 21 28 24 or emailing info@interfoneflowers.co.uk within 5 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
10.4 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
10.5 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller using the contact details set out in Section 9.3 within 3 working days of receipt of the Goods.
10.6 Goods must be returned by the Buyer and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any, and return postal charges) within 30 days of cancellation. However, if the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
10.7 Goods to be returned must clearly show the order number obtained from the Seller on the package.
10.8 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
11 LIMITATION OF LIABILITY
11.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
11.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
12 WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
13 FORCE MAJEURE The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
14 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
15 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time. But this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
16 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Privacy Statement
Interfoneflowers is committed to maintaining customer privacy and maintaining the security of any personal data which we receive from you.
Interfoneflowers is committed to responsible data management and subscribes to the principles of data protection legislation in the United Kingdom. Our Data Protection Register number is Z8102586, listed under Omega Services London Ltd, the parent company of Interfoneflowers. Visitors that purchase our products will be asked to enter basic personal information. This information is stored on our database, and is not available for sale and use by any third party, beyond the essential requirement for credit card validation during the purchasing process. This information is used for our billing and payment purposes, and notifying clients and partners of future promotions, and updates to our products or services. We have no email newsletter at this time, and none will be sent without permission from clients.
We do not receive or store any credit card information, other than a payment authorisation reference for successful transactions. This information is taken and processed on our behalf by the secure servers of Sagepay (an authorised payment service provider of The Bank of Scotland).They may need to transfer some information outside the EU area for the purposes of credit card validation and authentication.
Temporary session cookies are used when entering our site to record the IP address from where each visitor arrived and the parts of our site that they visit. This information is used for auditing our site, so that we can provide the most relevent service to our clients as possible. They are also used to track the contents of your shopping cart if you choose to purchase items.
Each web page access is recorded in a log file. The contents of the log file are analysed each week and each month to determine how many visitors we serve, what pages they look at most, and from where they connect. This information is not shared with anyone outside our organisation.
This site complies with the P3P privacy standard as specified by W3C .
Please contact us at info@interfoneflowers.co.uk if you wish to have your personal information removed from a particular mailing list or database at any time.
