| Terms & Conditions of Use & Purchase
These Terms and Conditions govern your use of the Flowercard website (www.flowercard.co.uk)
and your relationship with Flowercard Ltd (a company registered in Guernsey,
Channel Islands and whose registered office is at PO Box 670, Bermuda, Route
des Laurens, Guernsey GY1 3SS). Please read them carefully as they affect your
rights and liabilities under law. If you do not agree to these Terms and Conditions,
please do not register for or use the website. Please note that to use any of
the services provided on www.flowercard.co.uk, you are required to register
as an authorised user on the site.
1. Use of www.flowercard.co.uk
www.flowercard.co.uk is provided to you free of charge for your personal use
subject to these Terms and Conditions. By using the www.flowercard.co.uk you
agree to be bound by these Terms and Conditions.
All orders and purchases made on www.flowercard.co.uk will also be governed
by the specific Product Terms.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
2. Amendments
We may update these Terms and Conditions from time to time and as such you will
be subject to the policies and terms and conditions in force at the time of
your order.
3. Registration
To register with www.flowercard.co.uk you must be over sixteen years of age.
You must ensure that the details provided by you on registration or at any time
are correct and complete.
You must inform us immediately of any changes to the information that you provided
when registering by updating your personal details.
4. Password & Security
If you register to use www.flowercard.co.uk you will be asked to create a password.
You must keep this password confidential and must not disclose it or share it
with anyone. You will be responsible for all activities and orders that occur
or are submitted under your password. If you know or suspect that someone else
knows your password you should notify us by contacting our Customer Care team
immediately by emailing customercare@flowercard.co.uk or calling 0845 458 3555.
If Flowercard Ltd has reason to believe that there is likely to be a breach
of security or misuse of www.flowercard.co.uk, we may require you to change
your password or we may suspend your account.
5. Refunds On Promotional Offers
Refunds for goods purchased under a promotional offer will be based on the terms
of the promotional price. Your statutory rights are not affected.
All refunds will require the relevant product(s) to be returned in the original
packaging.
6. Excluded Services
The services provided by www.flowercard.co.uk do not include the provision of
computer or other necessary equipment to access www.flowercard.co.uk. To use
the www.flowercard.co.uk you will require internet connectivity and appropriate
telecommunication links. We shall not be liable for any telephone or other costs
that you may incur.
7. Intellectual Property
The content of www.flowercard.co.uk is protected by copyright, trade marks,
database and other intellectual property rights. You may retrieve and display
the content of www.flowercard.co.uk on a computer screen, store such content
in electronic form on disk (but not any server or other storage device connected
to a network) or print one copy of such content for your own personal, non-commercial
use, provided you keep intact all and any copyright and proprietary notices.
You may not otherwise reproduce, modify, copy or distribute or use for commercial
purposes any of the materials or content on www.flowercard.co.uk without written
permission from Flowercard Ltd.
No licence is granted to you in these Terms and Conditions to use any trade
mark of Flowercard Ltd or its affiliated companies.
8. Limitations
You may not use the site www.flowercard.co.uk for any of the following purposes:
• disseminating any unlawful, harassing, libellous, abusive, threatening,
harmful, vulgar, obscene, or otherwise objectionable material
• transmitting material that encourages conduct that constitutes a criminal
offence, results in civil liability or otherwise breaches any relevant laws,
regulations or code of practice
• gaining unauthorised access to other computer systems
• interfering with any other person's use or enjoyment of www.flowercard.co.uk
• breaching any laws concerning the use of public telecommunications networks
• interfering or disrupting networks or websites connected to www.flowercard.co.uk
• making, transmitting or storing electronic copies of materials protected
by copyright without the permission of the owner
You will indemnify us against all losses, liabilities, costs and expenses reasonably
suffered or incurred by us, all damages awarded against us under any judgment
by a court of competent jurisdiction and all settlements sums paid by us as
a result of any settlement agreed by us arising out or in connection with:
• any claim by any third party that the use of www.flowercard.co.uk by
you is defamatory, offensive or abusive, or of an obscene or pornographic nature,
or is illegal or constitutes a breach of any applicable law, regulation or code
of practice;
• any claim by any third party that the use of www.flowercard.co.uk by
you infringes that third party's copyright or other intellectual property rights
of whatever nature; and
• any fines or penalties imposed by any regulatory, advertising or trading
body or authority in connection with the use of www.flowercard.co.uk by you.
Other than claims arising from the use by you of the site to order product(s)
in the normal manner.
9. Availability of www.flowercard.co.uk
Although Flowercard Ltd aims to offer you the best service possible, Flowercard
Ltd makes no promise that the services at www.flowercard.co.uk will meet your
requirements. Flowercard Ltd cannot guarantee that the service will be fault-free.
If a fault occurs in the service you should report it to our Customer Care team
by emailing customercare@flowercard.co.uk or calling 0845 458 3555 and we will
attempt to correct the fault as soon as we reasonably can.
Your access to www.flowercard.co.uk site may be occasionally restricted to allow
for repairs, maintenance or the introduction of new facilities or services.
Flowercard Ltd will attempt to restore the service as soon as it reasonably
can.
10. Flowercard Ltd’s Right to Suspend or Cancel Your Registration
Flowercard Ltd may suspend or cancel your registration immediately at our reasonable
discretion or if you breach any of your obligations under these Terms and Conditions.
You can cancel this agreement at any time by informing us in writing. If you
do so, you must stop using www.flowercard.co.uk.
The suspension or cancellation of your registration and your right to use www.flowercard.co.uk
shall not affect either party's rights or liabilities.
11. Flowercard Ltd Liability
www.flowercard.co.uk is provided by Flowercard Ltd without any warranties or
guarantees. You must bear the risks associated with the use of the internet.
www.flowercard.co.uk provides content from other internet sites or resources
and while Flowercard Ltd tries to ensure that material included on www.flowercard.co.uk
is correct, reputable and of high quality, it cannot accept responsibility if
this is not the case. Flowercard Ltd will not be responsible for any errors
or omissions or for the results obtained from the use of such information or
for any technical problems you may experience with www.flowercard.co.uk. If
Flowercard Ltd is informed of any inaccuracies in the material on the site we
will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
• incompatibility of www.flowercard.co.uk with any of your equipment,
software or telecommunications links
• technical problems including errors or interruptions of www.flowercard.co.uk
• unsuitability, unreliability or inaccuracy of the www.flowercard.co.uk
site
• inadequacy of www.flowercard.co.uk to meet your requirements
To the full extent allowed by applicable law, in placing an order you agree
that we will not be liable to you/or any third party for any consequential or
incidental damages (including but not limited to loss of revenue, loss of profits,
loss of anticipated savings, wasted expenditure, loss of privacy and loss of
data) or any other indirect, special or punitive damages whatsoever that arise
out of or are related to your use of www.flowercard.co.uk
Our liability in respect of any product(s) purchased through the site is strictly
limited to the purchase price of the product(s). Nothing in this paragraph applies
to Flowercard Ltd's liability in respect of products sold through the Online
Stores.
Nothing in these Terms and Conditions shall exclude Flowercard Ltd's liability
for personal injury or death caused by its negligence or your statutory rights
as a consumer.
We accept no liability for any loss or damage caused by us, our employees or
our agents:
- where there is no breach of a legal duty of care to you by us, any of our
employees or agents;
- where such loss or damage is not a reasonably foreseeable result of any such
breach;
- for any increase in loss or damage resulting from breach by you of any terms
of this contract.
12. Third Party Websites
As a convenience to Flowercard Ltd customers, www.flowercard.co.uk includes
links to other web sites or material which are beyond its control and its responsibility,
all such links should be used at your own discretion and only in conjunction
with the terms and conditions relevant to the link site.
13. Advertising & Sponsorship
Part of www.flowercard.co.uk may contain advertising and sponsorship. Advertisers
and sponsors are responsible for ensuring that material submitted for inclusion
on www.flowercard.co.uk co.ukplies with relevant laws and codes. We will not
be responsible for any error or inaccuracy in advertising and sponsorship material.
14. Applicable Law
These Terms and Conditions shall be governed by and are to be construed in accordance
with Guernsey law. The parties irrevocably agree that the courts of Guernsey
shall have exclusive jurisdiction to settle any dispute arising out of or in
connection with these terms and conditions.
15. International Use
Flowercard Ltd makes no promise that materials on www.flowercard.co.uk are appropriate
or available for use in locations outside the European Union, and accessing
www.flowercard.co.uk from territories where its contents are illegal or unlawful
is prohibited. If you choose to access this site from locations outside the
European Union, you do so on your own initiative and are responsible for compliance
with local laws.
16. Delivery
Delivery normally takes 3-5 working days. We cannot guarantee the Flowercard
will be delivered if the order is placed less than three days than the requested
delivery date.
We only deliver Internationally to The Irish Republic, France, Switzerland,
Holland and Germany. If you wish to order for overseas please call Customer
Services on +44 845 458 3555 or if calling from the UK 0845 458 3555.
When ordering from Flowercard Ltd, you are the importer of the goods and must
comply with all laws and regulations of the country into which the products
are delivered. Flowercard Ltd will not be liable for the breach by you of any
such laws.If you order products from our site for delivery outside of the UK
they may be subject to import duties and taxes, which are levied once the package
reaches the country of delivery. You will be responsible for payment of any
such duties and taxes. Please note that we have no control over these charges
and cannot predict what these may be. Please contact your local customs office
for further information before placing your order.
Free p+p applies to addresses within the UK only. Please note that all our products
are subject to seasonal variations and if any flowers are not available, we
reserve the right to substitute your order with flowers of an equal or greater
value. All items will be despatched individually unless specifically requested
otherwise.
17. Price & Payment
Prices are subject to change without notice. The price payable by you is the
price of the product displayed on the website at the time of placing your order
except in the case of obvious error.
Payment will be taken from your card upon submitting your order on the website.
18. Availability
All products are subject to availability while stocks last. We reserve the right
to withdraw any products from sale without incurring liability.
19. Privacy
We may from time to time make our mailing list available to carefully selected
companies which may be of interest to you. If you would prefer not to receive
such mailings please email us at no3rdpartymail@flowercard.co.uk Telephone orders:
If you do not wish your details to be passed on to other reputable companies
for marketing purposes please state this to your customer service representative.
20. Promotions
When you place an order with us, we will add your address to our mailing list
for news, updates and promotions. We collect personal to provide you with efficient
customer service. If you would prefer not to receive any further information
from Flowercard Ltd then please email unsubscribe@flowercard.co.uk
21. Written communications
Applicable laws require that some of the information or communications we send
to you should be in writing. When using our site, you accept that communication
with us will be mainly electronic. We will contact you by email 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 co.ukply with any legal requirements that such communications
be in writing. This condition does not affect your statutory rights.
22. Notices
All notices given by you to us must be given to Flowercard Ltd at PO Box 670,
Bermuda, Route des Laurens, Guernsey GY1 3SS or customercare@flowercard.co.uk.
We may give notice to you at either the email or postal address you provide
to us when placing an order, or in any of the ways specified in paragraph 22.
Notice will be deemed received and properly served immediately when posting
on our website, 24 hours after an email is sent, or three days after the date
of posting 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,
stamped and placed in the post and, in the case of an email, that such email
was sent to the specified email address of the addressee.
23. Third-Party Web Beacons
We use third-party web beacons from Yahoo! to help analyze where visitors go
and what they do while visiting our website. Yahoo! may also use anonymous information
about your visits to this and other websites in order to improve its products
and services and provide advertisements about goods and services of interest
to you. If you would like more information about this practice and to know your
choices about not having this information used by Yahoo!, click here.
24. Miscellaneous
When you place your order with Flowercard Ltd, this represents an offer to us
to purchase product. Title to the products will pass to you once your order
has been accepted and payment has been received in full (including any delivery
charges). The product(s) will be at your risk from the time of delivery to you.
You may not assign, sub-license or otherwise transfer any of your rights under
these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any
court having competent jurisdiction, the invalidity of that provision will not
affect the validity of the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect.
If you breach these Terms and Conditions and Flowercard Ltd ignores this, Flowercard
Ltd will still be entitled to use its rights and remedies at a later date or
in any other situation where you breach the Terms and Conditions.
Flowercard Ltd shall not be responsible for any breach of these Terms and Conditions
caused by circumstances beyond its control.
A person who is not a party to these Terms and Conditions shall have no right
to enforce any term of these Terms and Conditions.
www.flowercard.co.uk is owned and operated by Flowercardt Limited a company
registered in Guernsey Channel Islands and whose registered office is at PO
Box 670, Bermuda, Route des Laurens, Guernsey GY1 3SS.
If you have any queries please contact our Customer Care team by emailing customercare@flowercard.co.uk
or calling 0845 458 3555.
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