1. Information
This website is operated by Petals & Roses (“us”, “we” or “our”).
Our contact details are as follows:
Trading address:
Petals & Roses
Lynn South Farm
Newport
Shropshire
TF10 9BB
General email: enquiries@petalsandroses.com
2. Introduction
2.1: We may revise these terms and conditions at any time. You (being our customer, “you” or “your”) should check this website when ordering to review the then current terms and conditions, because they are binding on you.
2.2: Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this website.
3. Ordering and Delivery
3.1: You can order in the following ways:
Online via the website www.petalsandroses.com
3.2: When ordering online you are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. This is your offer to buy the products. We will send you an email order acknowledgement, detailing the product(s) you have ordered, which is our acceptance of your offer.
3.3: When ordering over the phone you are deemed to place an offer to order with us by our phone order process and do so on the basis of these terms and conditions. We will send you an email payment acknowledgement, which is our acceptance of your offer.
3.4: Our acceptance of an order takes place immediately, we will send you a confirmation by email. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
3.5: We may refuse to accept an order:
- where goods are not available;
3.6: Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the products that is caused by an event outside of our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the delivery of the products.
3.7: If you have not received the products you must notify us no later than 28 days after the last date on which the products were due to arrive at the delivery address provided. If you have not done so, we shall not be liable for any replacement or refund relating to those products.
3.8: International Delivery:
- It will be the importer (i.e. you the customer) who will be responsible for any duties, taxes, fees, etc; the price for the goods does not include these.
3.9: Please visit our delivery page for full details.
4. Pricing
4.1: All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
4.2: We do not provide free carriage unless otherwise stated.
4.3: Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this website.
4.4: Please note a currency converter is only a guide and may not accurately reflect current exchange rates You are responsible for the disclosure and payment of any import duties or other taxes, which may apply when the products are delivered. Unfortunately we cannot advise you what these costs may be – please consult your local customs office for more information.
4.5: We always try to make sure that the prices on www.petalsandroses.com are correct but errors may occur. If we discover an error in pricing of the products in your order we will inform you as soon as possible using the contact details you supply us with. We will then give you the option of reconfirming the order at the correct price or cancelling it. If the order is cancelled we will refund you in full.
4.6: In the event that you are purchasing from outside of the UK, please be aware that we will not remove the VAT element of the price, and any recovery of such sum should be made directly to HMRC or such other tax authority as appropriate.
5. Cancellation and Returns Policy
5.1: If you wish to cancel your order:
- before we have dispatched the goods to you, by email to enquiries@petalsandroses.com; or
5.2: You can return goods you have ordered from us for any reason at any time within 28 days of receipt for a full refund or exchange by informing us via our dedicated online returns section. The costs of returning goods to us shall be borne by you, and should be sent by recorded delivery as we will not provide the refund if the product is lost in the post.
5.3: Upon receipt of the goods we will give you a full refund of the amount paid, less postage and packaging, within 10 working days.
5.4: The rights to return the goods to us will not apply in the following circumstances: –
- in the event that the product is not still within its original packaging and fit for resale;
5.5: Damaged or incorrect goods. We fully appreciate the disappointment and inconvenience caused when discovering goods are damaged or incorrect. The cost of returning damaged or incorrect goods shall be borne by us providing notification is given prior to the item being return. This must be done via the online returns form. The item must be returned within 28 days of receipt of the order for a full refund or an exchange.
5.6: All items that are returned for an exchange will be resent to you via our standard delivery service free of charge. If a quicker service is needed then an additional payment for delivery will be required.
5.7: Stock Shortages/delayed orders. All delayed orders are subject to stock availability. If stock is unavailable and your order cannot be fulfilled, we will notify you with the option to claim a refund or a substitution to the same value or to wait for the item to become available.
5.8: Product Imagery. Product imagery is offered as good representation of the product. However we cannot be responsible for the colour accurateness of products viewed online or on printed media. While we endeavour to make sure all imagery is up to date, images may differ slightly from products due to the natural nature of certain products.
6. Promotional codes terms and conditions
6.1: By using a promotional code you will be deemed to have read and understood these terms and conditions and agree to be bound by them.
6.2: The terms and conditions on our website shall apply to promotional codes. If and to the extent there is a conflict or inconsistency between the terms and conditions of our website and these promotional code terms and conditions, the promotional code terms and conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in the Site terms and conditions shall also apply to these promotional code terms and conditions.
6.3: Petals & Roses promotional codes can only be used on www.petalsandroses.com and towards the purchase of items currently featured on our website excluding delivery charges.
6.4: The discount associated with a promotional code is applied to your entire basket, excluding any delivery charges. Promotional codes should be entered in the shopping basket page during the checkout process for the discount to apply.
6.5: Each promotional code will have a limited time period in which to be used and/or a maximum number of orders per code and a minimum spend. The code will be invalid once these limits have been reached, and no discount, refund or other liability will be met by us after such time.
6.6: In the event of circumstances arising which make it necessary to do so Petals & Roses may update these terms from time to time and reserves the right to add additional terms and conditions for specific promotional codes as and where necessary. You should review the promotional code terms and conditions periodically for changes. For the avoidance of doubt, we reserve the right to withdraw any and all promotional offers at our discretion at any time.
6.7: Promotional codes have no cash value, cannot be transferred and cannot be forwarded or reassigned. Once an order has been placed and accepted by us a promotional code cannot be applied to the order. No refund will be payable if a promotional code has not been entered prior to completing checkout of an order.
6.8: Any refund you may be entitled to receive will not include the redemption value of the promotional code. You will receive no more than the amount you paid towards the final basket price.
7. Licence
7.1: You are permitted to print and download extracts from this website for your own use on the following basis:
- no documents or related graphics on this website are modified in any way;
7.2: Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this website other than in accordance with the clause above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this website automatically terminates and you must immediately delete or destroy any downloaded or printed extracts from this website.
7.3: No part of this website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
7.4: Any rights not expressly granted in these terms are reserved.
7.5: Trade customers of ours (that is, any customer who purchases our goods with the intention of selling them to another third party, whether in the form provided or in connection or combination with any other product, and where such intention has been made clear to us) may, with our written permission, use product images from our website on your website, but may not use text, names of products or lifestyle images and imagery may not be used in activities or material produced by third parties (e.g. magazines).
8. Service Access
8.1: While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period.
8.2: Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
9. Visitor Material and Conduct
9.1: Other than personally identifiable information, which is covered under the Privacy Policy (opens new window), any material you transmit or post to this website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
9.2: You are prohibited from posting or transmitting to or from this website any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
9.3: You may not misuse the website (including, without limitation, by hacking).
9.4: We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 9.2 or 9.3.
10. Links To And From Other Websites
10.1: Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
10.2: If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page of this website, and subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of the Petals & Roses logo;
10.3: We expressly reserve the right to revoke the right granted in this clause 10.2 for breach of these terms and to take any action we deem appropriate.
11. Disclaimer
11.1: While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material.
11.2: The material on this website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this website.
12. Liability
12.1: We, including the persons set out in clause 12.2, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including those types of damage set out in clause 11.3) in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website.
12.2: The persons included in clause 12.1 above include any other party (whether or not involved in creating, producing, maintaining or delivering this website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them.
12.3: The types of damage referred to in clause 12.1 above includes without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise.
12.4: Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
12.5: If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
12.6: You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions, or the use of this website by you.
13. Governing Law and Jurisdiction
13.1: These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
13.2: We do not warrant that materials/items for sale on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
14. Miscellaneous
14.1: You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
14.2: If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
14.3: Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999
15. Information That We Collect From You
15.1: When you visit, register or order products or services on www.petalsandroses.com you may be asked to provide certain information about yourself including your name, contact details and credit or debit card information.
15.2: Our website uses cookies to distinguish you from other users of, and aid your usage of, our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive. You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
15.3: We may also collect information about you from messages you post to the website and emails or letters you send to us.
15.4: To maintain customer service standards and to assist staff training, we may record and monitor incoming calls.
16. Use Of Your Information
16.1: Your information will enable us to supply the goods or services you have requested. It will also enable us to bill you and to contact you where necessary concerning your orders. We will also use and analyse the information we collect so that we can administer, support, improve and develop our business.
16.2: In particular, we may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to the website or our services. Further, where you have consented, we might also use your information to let you know by email about other products and services which we offer which may be of interest to you. If you change your mind about being contacted in the future, please let us know.
17. Disclosure Of Your Information
17.1: We respect your privacy. Any and all information collected at this site will be kept strictly confidential and will not be sold, reused, rented, loaned, or otherwise disclosed, except to the extent that you have agreed to allow such use (e.g. where photos or information supplied to us as part of a promotion or competition where our use of such materials is a condition of obtaining the benefit of such promotion or entry to such competition). Any information you give to Petal & Roses will be held with the utmost care, and will not be used in ways that you have not consented to, unless we are ordered to by a court of law.
17.2: The information you provide to us may be accessed by or given to third parties some of whom may be located outside the European Economic Area who act for us for the purposes set out in this policy or for other purposes approved by you. Those parties process information, fulfil and deliver orders, process credit card payments and provide support services on our behalf.
17.3: Finally, if our business enters into a joint venture with or is sold to or merged with another business entity, your information may be disclosed to our new business partners or owners.
18. Security Policy
18.1: Security is one of our top priorities and we make all reasonable endeavours to keep all details you supply us confidential.
18.2: Please also be aware that we do not send your card details out with your goods either – avoiding any possible security issues in transit.
18.3: When you place an order by our secure server, your credit card details are protected from interception.
18.4: Our servers offer 128-bit SSL3 encryption of data transmissions, so your security is assured whenever you place an order. Depending on your browser, you will see a different confirmation that your connection is secure (on our checkout page). Generally it will be a small padlock at the bottom of your browser. Your credit/debit card number will not be held in clear text on any website.
19. Credit Cards
19.1: We accept the following credit/debit cards: Visa, MasterCard, JCB and Switch Solo. We are not able to accept American Express or Diners cards.