Terms of Sale
Thank you for your interest in making a purchase from Neill Strain Floral Couture LTD. We hope that you will be delighted with your chosen arrangement.
We set out below the terms which govern our sale of flowers to you. Please take a moment to read through these terms and let us know if you have any questions below (our contact details are summarised in clause 2b).
1) THESE TERMS
a) What these terms cover. These are the legal terms and conditions on which we supply products to you which are purchased using our website.
b) Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2) INFORMATION ABOUT US AND HOW TO CONTACT US
a) Who we are. We are Neill Strain Floral Couture Limited, a company registered in England and Wales. Our company registration number is 07454750 and our registered office is at 11 West Halkin Street, Belgravia, London, SW1X 8JL. Our registered VAT number is GB108544422.
b) How to contact us. You can contact us by telephoning us at 020 7235 6469 or by writing to us by email at firstname.lastname@example.org or by post to The Store Manager, 11 West Halkin Street, Belgravia, London, SW1X 8JL.
c) How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order.
d) “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3) OUR CONTRACT WITH YOU
a) How we will accept your order. Our acceptance of your order will take place when you receive an email from us to accept it, at which point a contract will come into existence between you and us. In the unlikely event that we are unable to fulfil your order, we will send you a second email shortly after your order acknowledgement to let you know.
b) If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
4) Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
5) We deliver to the London area. Our website is solely for the promotion of our products in London within the M25. Unfortunately, we do not deliver to addresses outside of this area at present, but we shall be expanding our delivery network in the near future. If you are located outside of our current delivery area, you are welcome to collect your order from our boutique at 11 West Halkin Street, Belgravia, London SW1X 8JL or to call us to enquire about one-off delivery charges on 020 7235 6469.
6) OUR PRODUCTS
a) Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Since flowers, foliage and plants are natural products, colour variation will occur between flowers, foliage and plants of the same species, although the predominant colour will be as represented. Accordingly, your product may vary slightly from those images due to natural variation. In the event that a flower, foliage or plant shown in a bouquet on our website is unavailable at the time of fulfilment of your order we will always substitute the relevant flower, foliage or plant with a flower, foliage or plant of the same or higher value.
b) Product packaging may vary. The packaging of the product may vary from that shown in images on our website but will always be of the same or higher quality. Exceptionally we may substitute glassware shown on the website with alternative glassware of the same or higher value whilst ensuring that the overall aesthetic of the chosen product is not adversely affected.
7) OUR QUALITY GUARANTEE
a) We strive to provide you with the freshest, highest quality and highest grade flowers. Our Quality Guarantee is our guarantee that your flowers will last for the minimum periods set out below:
i) Spring flowers and scented roses – 5 days from the date of receipt
ii) All other flowers – 7 days from the date of receipt.
b) If your flowers have died prior to the periods specified in our Quality Guarantee please contact us and we will offer you a replacement product at no cost to you provided that the conditions set out in Clause 7c) have been satisfied:
c) Upon receipt of your product you should remove your products from any temporary packaging and place the flowers in a vase of water as soon as possible and add any supplied cut flower food to the water. If your product is supplied in a vase you should add any supplied cut flower food to the water and change the water every 2 – 3 days. If you wish to make a claim for replacement under our guarantee please take a picture of your product and send it to us by email to email@example.com within the period set out in Clause 7d) below.
d) Since cut flowers are known perishable products please note that any request for replacement under our Quality Guarantee must be made within 24 hours of the guaranteed periods set out in clause 7a). For example, if you purchase spring flowers on a Monday, we guarantee the flowers will last until the end of Friday and you must let us know no later than the end of Saturday if you consider that the flowers died prior to the end of Friday with a supporting photograph taken no later than the end of Friday.
8) YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible (this will usually depend on the time that has elapsed since you placed the order). If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
9) OUR RIGHTS TO MAKE CHANGES
a) Minor changes to the products. We may change the product:
i) to reflect changes in relevant laws and regulatory requirements – for example, laws or regulations which affect the way in which products are packaged; and
ii) to implement minor technical adjustments and improvements. These changes will not affect your use or enjoyment of the product.
10) PROVIDING THE PRODUCTS
a) Delivery costs. The costs of delivery will be as displayed to you on our website, unless you request a delivery outside of our usual delivery area in which case the costs of delivery will be communicated to you when you contact us in accordance with Clause 5.
b) We will deliver your product to you as soon as reasonably possible and in any event within the time period specified on our website or communicated to you in accordance with Clause 5.
c) If you purchase our “flowers for the year” product, we will supply you with flowers at your chosen frequency until the date that your subscription expires or you end the contract as described in Clause 11) or we end the contract by written notice to you as described in Clause 13).
d) We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control (including road traffic or crop failure) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay due to an event outside of our control you may contact us to end the contract and receive a refund for any products you have paid for but not received.
e) Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 0830 - 1900 on weekdays (excluding public holidays) and 1000 – 1800 on Saturday and Sundays.
f) If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from our store. Please note that, in the event of a failed delivery, we will attempt redelivery once. If we are still unable to deliver your order you will be required to pay an additional delivery charge equal to the delivery charge paid at the time of original order online in order to compensate us for the additional costs incurred.
g) If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 13)b) will apply.
h) When you become responsible for the goods. Your product will be your responsibility from the time we deliver the product to the address you gave us or you, or a carrier organised by you, collect it from us.
i) When you own goods. You own a product once it has been delivered to the delivery address specified in your order.
j) What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your address and telephone number. If so, this will have been stated in the description of the products on our website. If you do not provide us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 13)b) will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
k) Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
i) deal with technical problems or make minor technical changes;
ii) update the product to reflect changes in relevant laws and regulatory requirements; or
iii) make changes to the product as requested by you or notified by us to you (see Clause 7)).
l) Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 24 hours in any week we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one week and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract. This provision is most likely to be relevant if you have purchased our “flowers for the year” product.
m) We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see Clause 16)a)) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see Clause 16)c)). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also at our discretion charge you interest on your overdue payments (see Clause 16)b)).
11) YOUR RIGHTS TO END THE CONTRACT
a) You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
i) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see Clause 14);
ii) If you want to end the contract because of something we have done or have told you we are going to do, see 12)c)ii); or
iii) If you have just changed your mind about the product, see Clause 11c).
b) Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
i) we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 9));
ii) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
iii) there is a risk that supply of the products may be significantly delayed because of events outside our control;
iv) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one week; or
v) you have a legal right to end the contract because of something we have done wrong.
c) Given that our products are classified as “rapidly deteriorating” goods for the purposes of the Consumer Contract Regulations 2013, you do not have a statutory right to cancel your order after it has been accepted by us. However, you can still end the contract before it is completed, but you may have to pay us compensation. Our contract with you is completed when your product is delivered, or in the case or our “flowers for the year” product, when the last scheduled delivery of our product is made. If you want to end a contract before it is completed where we are not at fault, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
12) HOW TO END THE CONTRACT WITH US
a) Tell us you want to end the contract. To end the contract with us, please call customer services on 020 7235 6469 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
b) Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, we may ask you to return them to us unless you have paid us compensation for our costs. If you are required to return products to us you must either return the goods in person to where you bought them, post them back to us at Neill Strain Floral Couture Limited, The Flower Lounge, 11 West Halkin Street, Belgravia, London SW1X 8JL or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 020 7235 6469 or email us at email@example.com for a return label or to arrange collection.
c) When we will pay the costs of return. We will pay the costs of return:
i) if the products are faulty or misdescribed;
ii) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances you must pay the costs of return.
d) How we will refund you. If you are due a refund, we will refund you the price you paid for the products including delivery costs as soon as possible, by the method you used for payment.
13) OUR RIGHTS TO END THE CONTRACT
a) We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
i) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
ii) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your correct delivery address or telephone number;
iii) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
iv) you do not, within a reasonable time, allow us access to your premises to supply the services.
b) You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 13a) above we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
c) We may withdraw the product. We may write to you to let you know that we are going to stop providing the product or remove a product from sale on our website at any time. If, exceptionally, you have ordered a product which is subsequently withdrawn we will refund any sums you have paid in advance for products which will not be provided.
14) IF THERE IS A PROBLEM WITH THE PRODUCT
a) How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 020 7235 6469 or email us at firstname.lastname@example.org. Alternatively, please speak to one of our staff in-store.
b) We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights. If you consider that any flowers delivered to you are not of the freshness that you would expect, please contact us within 48 hours of delivery with a photograph of the flowers so that we can review your order accordingly. If we agree that your flowers are not of acceptable freshness or longevity we will refund or replace your flowers on a date agreed between us.
15) PRICE AND PAYMENT
a) Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 15c) for what happens if we discover an error in the price of the product you order.
b) We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
c) What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
16) When you must pay and how you must pay.
a) We accept payment with all major credit cards and debit cards and Apple pay. You must pay for products at the time of online order. You card will be charged at the time that you place your order online as indicated by the online system.
b) We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
c) What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
17) OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
a) We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
b) We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987
c) When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
d) We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18) HOW WE MAY USE YOUR PERSONAL INFORMATION
a) How we will use your personal information. We will use the personal information you provide to us:
i) to process your order;
ii) to supply the products to you;
iii) to contact you about your order if necessary;
iv) to process your payment for the products; and
v) to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
b) We may pass your personal information to credit reference agencies. ONLY where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
19) OTHER IMPORTANT TERMS
a) We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organization in connection with a commercial or corporate transaction. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
b) You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
c) Nobody else has any rights under this contract except that our Quality Guarantee is for the benefit of the recipient of our products if this is different to the purchaser of the flowers. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in 7) in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
d) If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
e) Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
f) Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.