Terms & Conditions – Homeland Florists

1. Application

These Terms and Conditions shall apply to the purchase of the goods as detailed on our website www.homelandflorists.co.uk (“The Goods”) by you (“The Buyer”) from us, Homeland Florists Ltd, Company Number 06888723 (“The Seller”).Please read these terms and conditions carefully before ordering any goods from our website.  You should understand that by ordering any of our Goods, you agree to be bound by these terms and conditions.No other terms and conditions shall apply to the sale of the Goods unless agreed upon in writing between us.

By placing an order through our website, you warrant that (a) you are legally capable of entering into binding contracts; (b) you are at least 18 years old.

2. Interpretation

The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.

Words imparting the singular shall include the plural and vice-versa.

3. How the Contract is formed between you and us

You can order Goods from us at any time on our website.  Our website will guide you through the ordering process.  Before submitting your order to us you will be given the opportunity to review your order and amend it.  Please ensure that you have checked your order carefully before submitting it.  Your order constitutes an offer to us to buy our Goods.  All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an email that confirms that the Goods have been successfully ordered (“the Order Confirmation”).  The contract between us (“the Contract”) will only be formed when we send you the Order Confirmation.

4. Goods

The description of the Goods is as set out on our website.  In accepting these terms and conditions you acknowledge that you do not rely on any other representations regarding the Goods save for those made in writing by us.  Images of Goods are for illustrative purposes only.  For example, there may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions.

We reserve the right to make any changes in the specification of the Goods which are required to conform to any applicable statutory or regulatory requirements. Please note that this does not exclude our responsibility for mistakes due to negligence on our part and refers only to minor variations of the correct Goods, not to different Goods altogether.  Please refer to Clause 9 if you receive incorrect Goods (i.e. not as described).

We neither represent nor warrant that Goods will be available.  Stock indications are not provided on our website.

5. Price

The price (“Price”) of the Goods will be as stated on our website current at the date of your order, except in the cases of obvious error, or such other price as may be agreed in writing by us.  We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you an order confirmation, if the price error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.

In the unlikely event that we have shown incorrect pricing information, we will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed.  We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part thereof).  We will not proceed with processing your Order until you respond.  If we do not receive a response from you within 48 hours, we will treat your Order as cancelled and notify you of the same in writing.

We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary, however, this will not affect orders already confirmed by us.

All prices include VAT.  If the VAT rate changes between your Order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

Delivery charges are not included in the price of Goods. Delivery options and related charges will be presented to you as part of the order process.

6. Payment

Payment for all Goods can be paid for by credit or debit card via our website.  We accept payment by the following credit and debit cards; Visa, Mastercard, Solo and Maestro.

You must pay for the Goods at the time you place your order.  We have chosen PayPal to provide compliant secure payment services and the transaction will go through the PayPal website. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to PayPal’s terms and conditions and a separate contractual relationship is created between you and PayPal.

7. Delivery

We will inform you of an estimated delivery or collection date when you place an order and will endeavour to make this date within 48 hours and to a maximum of 30 days of our acceptance of your order.

Subject to the specific terms of any special delivery service, delivery may take place at any time of the day and must be accepted at any time of the day.

If you fail to collect or take delivery of the Goods we may, at our discretion and without prejudice to any other rights;

(a) store or arrange for the storage of the Goods and charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance and/or

(b) make arrangements for the redelivery of the Goods and charge you for the costs of such redelivery.

We reserve the right to charge you for all associated costs including, but not limited to, storage and insurance.

8. Risk and Ownership

Risk of damage to or loss of the Goods shall pass to you either when the Goods are delivered to you or when we notify you that the Goods are ready for collection.

If you wrongfully fail to collect or take delivery of the Goods, risk shall pass to you at the time when we have tendered delivery of the Goods.

Ownership of the Goods shall not pass to you until we have received payment in full.

We reserve the right to repossess any Goods in which we retain ownership if full payment is not received in accordance with Clause 6.

9. Returns and Refunds

If you are not satisfied with the Goods and wish to return them you may do so provided:

(a) you inform us that you wish to return the Goods within 24 hours of delivery and

(b) the Goods remain in their original condition (as delivered); and

(c) you agree to bear the cost of delivery to the Seller and

(d) the Goods are received by us within 3 days of you informing us that you intend to return the goods.

If the Goods are damaged or defective, you shall have the right to return them to us and we shall refund the costs of delivery.  Your statutory rights are unaffected.

We will issue a replacement to you only upon the receipt of the Goods in accordance with this Clause.

10.  Cancellation

We may cancel the order for any reason prior to our acceptance (or rejection) of your order. If the order is cancelled by us for any reason, you will receive a refund in full.

As the Goods are perishable, you cannot cancel the order simply because you change your mind.

We may, at our sole discretion, accept cancellation within 24 hours of you placing the Order and any payments made will be refunded in full.

11. Warranty and Guarantees

We warrant to you that any Goods purchased from us through our website are of satisfactory quality and reasonably fit for the purpose for which the Goods of such kind are commonly supplied.

12.  Intellectual Property Rights and Patents

All intellectual property rights and patents, whether pending or otherwise, shall remain in the ownership of The Seller.

13. Liability

Our liability for losses you suffer as a result of us breaching the Contract is strictly limited to the purchase price of the Goods that you purchased and any loss or damage which is a foreseeable consequence of us breaching the Contract.

Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.  We will not be responsible for any loss or damage that is not foreseeable.

Notwithstanding anything else in these terms and conditions, nothing in these terms and conditions excludes or limits in any way our liability to you:

(a) for death or personal injury caused by our negligence;

(b) our liability relating to defective products as set out in the Consumer Protection Act 1987;

(c) for fraud or fraudulent misrepresentation; or

(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

14. Communications

Applicable laws require that some of the information or communications we send to you should be in writing.  When using our website, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirements that such communication be in writing.  This condition does not affect your statutory rights.

All personal information that we may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act. We will not pass on your personal information to any third parties without first obtaining your express permission.

Notices shall be deemed to have been duly received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three working days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed to the address you provide to us, stamped and placed in the post and; in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

15. Transfer of Rights and Obligations

The contract is between you and us and is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of this contract, or any of your rights or obligations under it, without our prior consent.

We may transfer, assign, charge or otherwise dispose of this contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

16. Events outside our control (Force Majeure)

We will not be liable or responsible for any failure or delay in performing any of our obligations under this contract that is caused by events outside our reasonable control (Force Majeure event).

Such Force Majeure events include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

Our performance under this contract is deemed to be suspended for the period that the Force Majeure event continues and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure event.

17. No Waiver

If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

18. Severance

In the event that one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, those Terms and Conditions shall be deemed severed from the remainder of these Terms and Conditions, which shall remain valid and enforceable.

19. Entire Agreement

These terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into this contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these Terms and Conditions.

We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of this contract.  While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask us for any variations from these Terms and Conditions to be confirmed in writing, electronic or otherwise.

20. Our right to vary these terms and conditions

We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in payment methods and changes in relevant laws and regulatory requirements.

21. Consumer Rights

Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.

22. Law and Jurisdiction

These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

Any dispute, controversy, proceedings or claim between us relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.