TERMS & CONDITIONS
This page (together with the documents referred to on it) tells you the terms on which access to the FLOWE(RED) website (www.flowered.com) (Site) is provided and the products listed on it (Products) are supplied. Please read these terms and conditions of use carefully before accessing the Site or ordering any Products. You should understand that, by using the Site (including by ordering any Products), you agree to be bound by these terms and conditions of use.
1. Information about the Site and us
1.1 The Site is owned and operated by Persuaders (RED) Initiative UK Limited, a company incorporated in England and Wales with company number 06511585 and whose registered office is at The Broadgate Tower, Third Floor, 20 Primrose Street, London EC2A 2RS ((RED)).
1.2 The fulfilment of orders and distribution of Products through the Site is carried out by, or on behalf of, Flamingo Flowers Limited (we or us). We are registered in England and Wales under company number 02921420 with our registered office at Swire House, 59 Buckingham Gate, London, SW1E 6AJ, United Kingdom. Our VAT number is GB764339018.
1.3 We have entered into a collaboration with (RED) under which the profits from the sale of Products (calculated after deduction of the reasonable business expenses of the FLOWE(RED) operations) are contributed to The Global Fund to Fight HIV and AIDS in Africa. For further information on (RED) and The Global Fund, click here.
2. Service availability
2.1 The flower delivery service is only available for persons who are resident in the United Kingdom. We do not accept orders for individuals residing outside the United Kingdom.
2.2 Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service or content that we provide on the Site without notice.
2.3 From time to time, we may restrict access to some parts of the Site, or the entire Site, to users who have registered with us. If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time if, in our opinion, you have failed to comply with any of the provisions of these terms and conditions of use.
2.4 You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms and conditions of use and comply with them.
2.5 You are granted a limited licence to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except as indicated on the Site. This licence does not include any resale or commercial use of this Site or its contents; or derivative use of this Site or its contents; or any downloading or copying of information for the benefit of a third party; or any use of data mining, robots or similar data gathering and extraction tools.
3. Information about you and your visits to the Site
We collect and process information about you in accordance with the Privacy Policy. By using the Site, you consent to such collection and processing and you warrant that all data provided by you is accurate.
4. Your status
By placing an order through the Site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are resident in the United Kingdom.
5. Your conduct
5.1 You must not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way.
5.2 You are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only.
5.3 You must not use the Site for any of the following:
(a) for fraudulent purposes or in connection with a criminal offence or other unlawful activity;
(b) to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trade mark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"; or
(c) to cause annoyance, inconvenience or needless anxiety.
6. How the contract is formed between you and us
6.1 All orders submitted on the Site are subject to our acceptance. Once we have verified your order details and confirmed availability of Products, we will send an email confirmation (Confirmation) to the email address you provide to advise that your order has been accepted. The contract between you and us (Contract) will only be formed when we send you the Confirmation.
6.2 The Contract will relate only to those Products listed in the Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the availability of such Products has been confirmed in a separate Confirmation.
7. Products
7.1 The graphical representations of the Products are provided for guidance purposes only. Given the variability and seasonal availability of flower and plant products, the actual bouquet or arrangement delivered may differ slightly from the graphical representation on the Site.
7.2 Certain flower and plant products may be harmful or poisonous or may not be suitable for all customers. Some flower and plant products may be delivered in bud to ensure longer life. If you require further information before submitting an order, please contact us by calling us on 0845 218 1435 (24 hours a day, Monday to Sunday).
8. Availability and delivery
8.1 Before placing your order, please review the delivery information and prices on our Deliveries page. Products depicted on the Site (as may be varied from time to time) are available for delivery to most locations in mainland United Kingdom. Certain Products may be available in selected delivery areas only as specified on the Deliveries page.
8.2 Products will be delivered via a third party courier to UK mainland addresses. We will advise you of the first available delivery date for your chosen item when you place your order. Whilst every effort will be made to deliver on your chosen date, the exact delivery date cannot be guaranteed. We do not recommend courier deliveries to hospitals or funerals.
8.3 Subject to availability:
(a) orders for Products received before 4pm Monday to Friday can be despatched the same day for next day delivery almost anywhere within mainland UK;
(b) orders for Products received before 2pm Saturday can be despatched the same day for Monday delivery almost anywhere within mainland UK;
(c) orders for Products received on Sundays can be despatched on Monday for Tuesday delivery almost anywhere within mainland UK; and
(d) orders received on public holidays can be despatched the next working day for delivery on the second working day following the public holiday almost anywhere within mainland UK.
8.4 Deliveries cannot be made at specific times. All orders will be delivered between 8.30am to 7.00pm on Monday to Saturday.
8.5 To avoid problems or delays with delivery, please ensure that you have included the full address details of the intended recipient, including an accurate postcode and telephone number, together with your daytime contact telephone number or email address so that we can notify you in the event that any delivery problems are encountered.
8.6 Please be aware that the 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 actual recipient refuses or fails to return the items(s).
8.7 Please note that, where the carrier is unable to find someone to accept delivery or is unable to leave the delivery in a secure location, they will leave a card at the address for the recipient to make contact and re-arrange delivery. If the recipient fails to make contact in good time, we reserve the right to charge for re-delivery to that or an alternative address.
8.8 Please note that if you order a number of items for delivery to the same address, they may be despatched separately and we cannot guarantee delivery on the same day.
9. Price and payment
9.1 The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error.
9.2 Prices include VAT and delivery costs.
9.3 Prices are subject to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
9.4 The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where the correct price of a Product is less than our stated price, we will charge the lower amount when despatching the Product to you. If a Product's correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before despatching the Product or reject your order and notify you of such rejection.
9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.
9.6 Payment for all Products must be by credit or debit card. We accept payment with Visa, Visa Delta, Visa Debit, Visa Electron, MasterCard, UK Maestro, Switch, SOLO, American Express, Diners Club and JCB.
10. Amendments, cancellations and refunds
10.1 If, for any reason, you wish to amend or cancel your order, you may do so by calling us on 0845 218 1435 (24 hours a day, Monday to Sunday) up to 48 hours before the date of despatch. We regret that we are unable to accept cancellations or amendments within 48 hours of the confirmed delivery date.
10.2 If you cancel your order up to 48 hours before the date of despatch, we will process a refund of the price paid for the Products (including delivery charges) as soon as possible and, in any case, within 30 days of the date of cancellation.
10.3 If you are not satisfied with a Product, please contact us by calling 0845 218 1435 (24 hours a day, Monday to Sunday) as soon as possible following delivery of the relevant Product. Because of the perishable nature of most flower and plant products and, in order to assist us in resolving any complaints quickly and to our mutual satisfaction, we advise you to make any complaint within one working day of the date of delivery or intended delivery of your purchase.
10.4 In the event that we are unable to supply all or part of your order, we shall notify you as soon as possible and, at our sole discretion, either (i) offer to supply you with an alternative Product or (ii) reimburse your payment in full no later than 30 days after the intended delivery date.
10.5 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10.6 This clause does not affect your statutory rights.
11. Our liability
11.1 Whilst we agree to use our reasonable endeavours to ensure that the Site is fully operational and error-free, we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the Site and shall be released from our obligations under these terms and conditions of use in the event of any cause beyond our reasonable control which renders the provision of and/or access to the Site impossible or impractical.
11.2 Subject to clause 10.4, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
11.3 Subject to clauses 11.4 and 11.5, our liability for losses you suffer in connection with the Contract is strictly limited to the purchase price of the Product you purchased.
11.4 Subject to clause 11.5, we shall not be liable to you (whether such liability arises in contract, tort (including negligence) or otherwise) for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings or interest, loss of or damage to data, loss of or damage to reputation or goodwill or any indirect, special or consequential damages, loss, costs, claims or expenses of any kind arising through your use of the Site or any Products, PROVIDED THAT nothing in these terms and conditions of use affects or will affect your or the recipient’s statutory rights in relation to the quality, fitness or description of the Products supplied.
11.5 Nothing in these terms and conditions of use is in any way intended to limit our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of 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.
12. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the 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 the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all documents, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. Notices
All notices given by you to us must be posted to us at Flamingo Flowers Limited, Great North Road, Sandy, Bedfordshire, SG19 2AJ (marked for the attention of Stephen Swainston) or emailed to us at flowered@f-h.biz. 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 clause 12 above. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent or 3 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, 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.
14. Transfer of rights and obligations
14.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. Waiver
15.1 If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions of use, 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.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions of use shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12.
16. Severability
If any provision of these terms and conditions of use is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision will to that extent be severed from the remaining provisions which shall remain in full force and effect to the fullest extent permitted by law.
17. Intellectual Property Rights
17.1 (RED) is the owner or the licensee of all intellectual property rights in the Site and the material published on it.
17.2 FLOWE(RED) is a trade mark of (RED) and is used by us under licence.
17.3 You must not use or duplicate any part of the materials on the Site for commercial purposes without first obtaining written permission from (RED).
18. Website Links
18.1 You may link to the Site home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
18.2 Where the Site contains links to other websites and resources provided by third parties, these links are provided for your information only. Once you have used any such links to leave the Site, you should be aware that we have no control over, and are not responsible for, the contents of those websites or resources and we accept no responsibility for any loss or damage that may arise from your use of them.
19. Entire agreement
19.1 These terms and conditions of use and all documents expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 You acknowledge that, in entering into the Contract, you have not relied on any representation, undertaking or promise given by us or implied from anything said or written in negotiations with us prior to the Contract except as expressly stated in these terms and conditions of use.
20. Our right to vary these terms and conditions of use
20.1 We have the right to revise and amend these terms and conditions of use from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
20.2 These terms and conditions of use shall be deemed to include all other notices, policies, disclaimers and other terms on the Site, provided that, in the event of a conflict between any such other notices, policies, disclaimers and other terms, these terms and conditions of use shall prevail.
21. Rights of Third Parties
A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms and conditions of use, but this does not affect any right or remedy which exists apart from that Act.
22. Law and jurisdiction
Your purchase will be deemed to have occurred in the UK. These terms and conditions of use shall be governed by, and construed in accordance with, English law and we and you agree to submit to the exclusive jurisdiction of the English courts.
PRIVACY POLICY
Flamingo Flowers Limited (Flamingo, we or us) is committed to protecting and respecting your privacy.
This policy (together with the Website Terms and Conditions of Use) sets out the basis on which any personal data we collect from you, or that you provide during your use of the FLOWE(RED) website (www.flowered.com) (Site), will be used by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 1998 (Act), the data controller is Flamingo (data controller registration number Z4853209). Flamingo is registered in England and Wales under company number 02921420 with our registered office at Swire House, 59 Buckingham Gate, London SW1E 6AJ.
DATA WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
· data that you provide when ordering products from and/or registering to use the Site, including your name, address, telephone number (including mobile number) and email address. We may also ask you for data when you report a problem with the Site;
· if you contact us, we may keep a record of that correspondence or communication;
· we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;
· details of transactions you carry out through our site and of the fulfilment of your orders; and
· details of your visits to the Site, including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
IP ADDRESSES AND COOKIES
We may collect data about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregated data to our advertisers. This is statistical data about our users' browsing actions and patterns and does not identify any individual.
For the same reason, we may obtain data about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain data that is transferred to your computer's hard drive. They help us to improve the Site and to deliver a better and more personalised service. They enable us:
· to estimate our audience size and usage pattern;
· to store data about your preferences and allow us to customise the Site according to your individual interests;
· to speed up your searches; and
· to recognise you when you return to the Site.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting, you may be unable to access certain parts of the Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you use the Site. For more data about cookies, including how to disable them on your browser, please visit www.allaboutcookies.org.
WHERE WE STORE YOUR PERSONAL DATA
All data you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of data via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Site; any transmission is at your own risk. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorised access.
USES MADE OF THE DATA
You consent to your personal data being processed in the following ways:
· to process your order (including payment authorisation);
· to enable us to contact you via email, text message or any other electronic communication in order to tell you about our products;
· to ensure that content from the Site is presented in the most effective manner for you and for your computer;
· to provide you with data, products or services that you request from us or which we feel may interest you;
· to carry out our obligations arising from any contracts entered into between you and us; and
· to notify you about changes to our service.
DISCLOSURE OF YOUR DATA
We may disclose your personal data to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, in each case as defined in section 1159 of the UK Companies Act 2006.
We may also disclose your personal data to third parties:
· in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
· if we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets; and
· if we are under a duty to disclose or share your personal data in order to comply with any legal obligation or in order to enforce or apply our Website Terms and Conditions of Use and other agreements; or to protect the rights, property or safety of our company, our customers or others. This includes exchanging data with other companies and organisations for the purposes of fraud protection and credit risk reduction.
YOUR RIGHTS
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us (see paragraph below entitled "Contact" for our contact details).
ACCESS TO DATA
The Act gives you the right to access data held about you. Your right of access can be exercised in accordance with the Act.
CHANGES TO OUR PRIVACY POLICY
We may change this Privacy Policy from time to time by updating this page. You should check this page from time to time to ensure that you are aware of any such changes.
CONTACT
Questions, comments and requests regarding this Privacy Policy should be sent to us at Flamingo Flowers Limited, Great North Road, Sandy, Bedfordshire, SG19 2AJ or emailed to us at flowered@fh.biz.
