Terms & Conditions

BACKGROUND:

This agreement applies as between you, the User of this Website and The Dutch Flower Shop Limited of 123-125 Woolton Road, Liverpool L15 6TB, the owner(s) of this Website (“us”/”we”).  Our company number is 02305483. Your agreement to comply with and be bound by Clauses 1, 2, 5 – 10 and 14 – 23 of these Terms and Conditions is deemed to occur upon your first use of the Website.  Clauses 3, 4, and 11 – 13 apply only to the sale of Goods.  If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending an order confirmation email to you indicating that your order has been fulfilled and is on its way to you.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

 

 

“Carrier”

means any third party responsible for transporting purchased Goods from our Premises to customers;

Content

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“Goods”

means any products including but not limited to flowers, that we advertise and/or makes available for sale through this Website including without limitation our photographic prints;

“Payment Information”

means any details required for the purchase of Goods from this Website.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

Service

means collectively any online facilities, tools, services or information that we make available through the Website either now or in the future including without limitation the delivery of the Goods;

System

means any online communications infrastructure that we make available through the Website either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”

means any third party that accesses the Website and is not employed by us and acting in the course of their employment;

“Website”

means the website that you are currently using (www.dutchflowershop.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

 

 

2. Age Restrictions

Persons under the age of 16 should use this Website only with the supervision of an Adult.  Payment Information must be provided by or with the permission of an Adult.

3. Customers

These Terms and Conditions are drafted to deal with customers who are consumers.

4. International Customers

If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination.  We are not responsible for these charges and we undertake to make no calculations or estimates in this regard.  If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures.  As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.  Please be aware that Goods may be inspected on arrival at port for customs purposes and that we cannot guarantee that the packaging of your Goods will be free of signs of tampering.  Please also be aware that United Kingdom consumer protection laws may not apply.

5. Intellectual Property

5.1          Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Dutch Flower Shop Limited, our affiliates or other relevant third parties.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.

5.2          Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given our express written permission to do so.

6.            Third Party Intellectual Property

6.1          Unless otherwise expressly indicated, all intellectual property rights including, but not limited to, copyright and trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

6.2          Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

7. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

8. Links to Other Websites

This Website may contain links to other sites.  Unless expressly stated, these sites are not under our control or that of our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them

9. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site without our prior permission.  Deep linking (i.e. links to specific pages within the site) requires our express written permission.  To find out more please contact us by email at info@dutchflowershop.co.uk

10. Use of Communications Facilities

10.1       When using the Website you should do so in accordance with the following rules. 

10.1.1   You must not use obscene or vulgar language;

10.1.2   You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

10.1.3   You must not submit Content that is intended to promote or incite violence;

10.1.4   It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

10.1.5   The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

10.1.6   You must not impersonate other people, particularly employees and representatives of our business or our affiliates; and

10.1.7   You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

10.2       You acknowledge that we reserve the right to monitor any and all communications made to us or using our System.

10.3       You acknowledge that we may retain copies of any and all communications made to us or using our System.

10.4       You acknowledge that any information you send to us through our System may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information.  Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

11. Goods, Pricing and Availability

11.1       Whilst every reasonable effort has been made to ensure that all graphical representations and descriptions of Goods available from us correspond to the actual Goods, we are not responsible for variations from such descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to minor variations of the correct Goods, not different Goods altogether. 

11.2       Where appropriate, you may be required to select the required size, model,        colour and/or number of the Goods that you are purchasing.

11.3       We neither represent nor warrant that Goods will be available.  Stock indications even where provided on the Website it should be noted that such indications may not take into account sales that have taken place during your visit to the Website.

11.4       Certain flowers and plants may be delivered in bud to ensure longer life.

11.5       Some flowers and plants products may be harmful or poisonous.

11.6       All products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute with a product of equivalent value and quality without notice.

11.7       All pricing information on the Website is correct at the time of going online.  We reserve the right to change prices and alter or remove any special offers from time to time and as necessary. 

11.8       All prices on the Website include VAT. 

12. Orders and Delivery

12.1       No part of this Website constitutes a contractual offer capable of acceptance.  Your order constitutes a contractual offer that we may, at our sole discretion, accept.  Our acceptance is indicated by us sending to you an order confirmation email and/or sending out your order.  Only once we have sent you an order confirmation email and/or sent the order will there be a binding contract between us and you. Order acceptance shall be supplied by email provided you enter a correct e-mail address. You will be issued with an order reference number for any future correspondence. All costs will be charged at the cost on the date on which you place your order

12.2       Payment may be made by any of the methods indicated on the flowers payment page of the Website and will be debited when you submit your order. When you submit your order by clicking on the "Place my Order” / “Proceed to Checkout” (or similar) button, you are consenting to be bound by these Terms and Conditions and appearing elsewhere on the Website.

12.3       For your order to be processed and delivered on the required date, you must supply us with all relevant details requested, including the full delivery details, postcode and telephone number. Your order will only be processed if full payment details are given.

12.4       Order confirmations may also be enclosed on paper with your Goods.

12.5       If we, for any reason, do not accept your order, no payment shall be taken under normal circumstances.  In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.

12.6       Orders to be delivered within 10 miles of our Premises can be delivered on the same day of the order if that order is made and confirmed before 12pm on that day unless that day is a Saturday, Sunday or holiday.

12.7       Next day delivery will be made if we receive orders and payment before 3pm, the order is within mainland Britain (with the exception of the more remote locations where delivery can take up to 48 hours) and subject to your acknowledgement that deliveries will only be despatched from Monday to Friday.

12.8       The risk in the Goods shall remain with us until they leave our Premises.

12.9       Delivery charges shall be made known at time of order as these prices can vary.

12.10    It may not be possible to deliver some products to certain areas.

12.11    Deliveries via courier services cannot be delivered at specific times.

12.12    Delivery is not available on Sundays or public holidays, orders will be delivered on the next working day.

12.13    Please ensure that you have included the full address details, including accurate postcode of the intended recipient and telephone number, your daytime contact telephone number or e-mail address.

12.14    We or our carrier will deliver the goods to the address provided in good faith and we cannot accept responsibility if the intended recipient is no longer at that address and the receiver refuses or fails to return the items(s).

12.15    Please note that where the carrier is unable to find someone to accept delivery, or unable to leave the delivery in a secure location, they will leave a card at the address for the recipient to collect at the relevant depot or storage point. It shall then be your responsibility to arrange collection of the ordered Goods.

12.16    In respect of orders outside the UK, Channel Islands and Republic of Ireland, delivery shall be made as soon as is reasonably practicable.

12.17    Orders for a number of items for delivery to the same address may be despatched separately and we cannot guarantee delivery on the same day.

12.18    We shall not be liable for any failure to perform in our obligations where such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service.

12.19    Flowers sent to hospitals, military bases and business addresses will be delivered to a main reception or mailing room.

12.20    Deliveries cannot be made to P O Box addresses.

12.21    All deliveries made to hospitals must include the ward name and/or number of the relevant address field. Any order omitting these details may not be accepted for delivery by the hospital.

12.22    4.6. Please ensure that you enter full and accurate details including the address and postal code of the recipient. We will not be responsible for any orders which are not delivered due to incorrect or incomplete information supplied by you.

12.23    Please note that deliveries are only made within the United Kingdom. No deliveries are made to Europe, the Republic of Ireland, Northern Ireland, the Isle of Man or Channel Islands.

12.24    Courier Deliveries to the following destinations may take 48 hours: Aberdeen, Dundee, Falkirk, Western Isles, Inverness, Isle of Skye, Isle of Arran, Isle of Cumbrae, Isle of Kirkwall, Orkney, Paisley, Isle of Jura, Isle of Colonsay, Isle of Coll, Isle of Eigg, Isle of Rhum and Isle of Canna, Perth, Holy Island, Isle of Scilly, Shetland Isles and Northern Ireland. All postal deliveries may take 48 hours.

12.25    We will endeavour to deliver on the date you specified in your order from Monday to Saturday 8am to 8pm. Monday deliveries are not guaranteed. Requests for Monday deliveries may arrive either two days early or a day late.

12.26    As standard postal services are used for the despatch of seasonal flowers, we cannot guarantee an exact delivery date, but will use its best endeavours to ensure the products do not arrive more than a day later than your requested delivery date.

12.27    Purchasers of gifts containing alcohol may only be made and received by persons of eighteen years or over. We reserve the right to refuse any sale at its discretion. Purchasers of such items must include their date of birth when ordering such items.

12.28    Delivery service is not available on Sundays, U.K. public holidays or the day after a public holiday in either the United Kingdom or The Netherlands. If orders have been placed for delivery on any of these dates we will arrange for delivery, where possible, on the day before or the day after that date requested.

12.29    No liability is accepted by us for any delay in the event there is no-one to receive or sign for Goods at the delivery address.

13. Returns Policy

Our aim is to always provide high quality Goods that are fault free and undamaged.  On occasion however, Goods may need to be returned.  Returns are governed by these Terms and Conditions.

13.1       If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period.  This period begins once your order is complete and ends 14 calendar days after the Goods have been delivered to you.  If the Goods are delivered to you in instalments, the 14 calendar day period begins on the day that you receive the final instalment.  If you change your mind about the goods within this period, please inform us within 14 calendar days of receipt.  Goods must be returned to us within 14 calendar days of the day on which you inform us that you wish to return the Goods.  You are responsible for paying return shipment costs if Goods are returned for this reason.  Refunds will be issued no later than 14 calendar days after you inform us that you wish to cancel under this provision and will include standard delivery charges.  We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.

13.2       We may not be able to accept returns under the cooling off period of the following types of Goods and/or taking into account the following circumstances:

13.2.1   Goods made to your specifications or that have been personalised;

13.2.2   Goods which are liable to deteriorate or expire rapidly (perishable goods);

13.2.3   Goods which are sealed for health or hygiene reasons that have been unsealed after delivery;

13.2.4   Goods which are, after delivery, according to their nature, inseparably mixed with other items;

13.2.5   Goods consisting of audio or video recordings or computer software (including games) in sealed packaging where the seal has been broken after delivery.

13.2.6   Any use or enjoyment that you may have already had out of the Goods beyond handling them to the extent necessary to establish the nature, characteristics and functioning of them (such as you would, for example, handle a display item in a shop).  Please note that opening packaging does not prevent you from returning Goods unless the Goods fall under sub-Clauses 13.2.3 or 13.2.5 and in any event does not include the opening of delivery packaging, only the packaging of the product itself.

13.3       If, for any reason, you wish to change or cancel your order you can do so, by contacting us on 0151 737 1595 no later than one hour after initial order. This shall not apply to orders for same day delivery made after 11.15am.

13.4       You may not cancel an order for: (i) perishable goods once your order has been dispatched; or (ii) customised goods if as at the time you seek to cancel, the customisation process has begun.

13.5       In respect of non-perishable non-customised goods you may cancel your order from the point at which you place your order until 14 calendar days after you have received your goods. If you exercise your right to cancel, you will be responsible for costs of returning the goods which must be returned within 14 calendar days of cancelling..

13.6       Returns must be sent to our Premises.

13.7       You are entitled to cancel any payment at any time where fraudulent use has been made of your credit or debit card by another person not acting on behalf of you or as your agent and to be re-credited by us to the extent that such sums are not reimbursed by the card issuer in such circumstances.

13.8       Although we and our couriers do our best to ensure that flowers do not arrive at their destination in a damaged condition, if the recipient receives damaged flowers, please contact us on our help line immediately and will will at your choice arrange one of the following namely :-

(i) to resend on the next available delivery date flowers of an equivalent value to those damaged.

(ii) a full refund of the value of the purchase, or

(iii) a voucher to the recipient of a sum equivalent to the value of the original purchase.

13.9       In order for us to resolve any complaint quickly and to the mutual satisfaction of us and you, any complaint must be made within one day of the date of delivery or intended delivery of your purchase and proof of damage where possible to our reasonable satisfaction.

14. Privacy

14.1       Use of the Website is also governed by our Privacy Policy which is incorporated into these Terms and Conditions by this reference. 

15. Guarantee & Disclaimers

15.1       We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate.  We make no guarantee of any specific results from the use of our services.

15.2       No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

15.3       No part of this Website is intended to constitute a contractual offer capable of acceptance.

15.4       Whilst We use all reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

15.5       DFS guarantees that each bouquet is hand selected and tied only using the best grade flowers and carefully packed on the eve of despatch.

15.6       DFS guarantees the supply of high quality flowers which will last a minimum of seven days from despatch, provided you adhere to the care information on our website, including without limitation that you:

Fill a clean vase with fresh cold water and the correct amount of flower food

Cut stem ends at an angle

Remove all leaves which will be below water level

Check the water level daily

Replace with fresh water and flower food if necessary; and you acknowledge

Flowers will not be placed in a draught or near any source of heat or ripening fruit;

all of which will reduce the vase life of your flowers.

16. Changes to the Service and these Terms and Conditions

We reserve the right to change the Website, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.  If we are required to make any changes to these Terms and Conditions pertaining to the sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

17. Availability of the Website

17.1       The Website and any Service provided therein is provided “as is” and on an “as available” basis.  We give no warranty that the Website or any Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

17.2       We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

18. Limitation of Liability

18.1       To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein.  You should be aware that you use the Website and its Content at your own risk.

18.2       Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on the part of The Dutch Flower Shop Limited.

18.3       Nothing in these Terms and Conditions excludes or restricts our liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.

18.4       In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

19. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

20. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

21. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and The Dutch Flower Shop Limited.

22. Communications

22.1       All notices / communications shall be given to us either by post to our Premises or by email to customerservice@dutchflowershop.co.uk Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

22.2       We may from time to time, if you opt to receive it, send you information about our products and/or services.  If you do not wish to receive such information, please indicate so using our website.

23. Law and Jurisdiction

These Terms and Conditions and the relationship between you and us shall be governed by and construed in accordance with the Law of England whose courts shall have exclusive jurisdiction.