The Legal Stuff
STANDARD TERMS & CONDITIONS FOR THE SALE OF GOODS
1. Definitions & Interpretation: 1.1 In these conditions, the following words shall have the following meanings: “Buyer” means the person(s), firm or company who purchases the Goods and/or Services from the Seller; “Contract” means the contract between the Seller and the Buyer for the sale and purchase of the Goods and/or Services, incorporating these Conditions; “Goods” means any goods agreed in the Contract to be supplied to the Buyer by the Seller (including any part or parts of them); “Services” means the long or short term supply of Goods on a temporary time limited basis; “Order Form” means the Seller’s standard order form for the goods. “Seller” means the business trading as Buzz Florist, also presented as Buzz[dot]florist. “User” means any person visiting the website of Buzz Florist and its included ancillary services. 1.2 In these Conditions, references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires. 1.3 In these Conditions, headings will not affect the construction of these Conditions.
2. Application of Terms: 2.1 The Contract will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document). 2.2 Each order for Goods and/or Services by the Buyer from the Seller shall be deemed to be an offer by the Buyer to purchase Goods and/or Services subject to these Conditions.
3. Price and Payment: 3.1 The price for the Goods and/or Services shall be the price set out in the Seller’s price list published on the date of delivery. 3.2 A non-refundable 10% payment of the total price for the delivered Goods and/or Services is due with the order and such Goods and/or Services shall be shipped only once payment of the full invoice amount invoice is received in the Seller’s account as cleared funds. 3.3 If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to charge interest on the outstanding amount from the due date at the rate of 3% above the base rate of HSBC Bank accruing on a daily basis until payment is made.
4. Description: 4.1 All drawings, descriptive matter, specifications and advertising issued by the Seller and any descriptions or illustrations contained in the Seller’s catalogues or brochures including those legacy images of FloraPotts.com, Rentaflora.com and YoungAtHeartFlorists.com are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They will not form part of this Contract.
5. Delivery: 5.1 The Seller will have the Goods and/or Services as ordered by the Buyer delivered to the delivery address specified in the Order. 5.2 Delivery will be made as soon as possible after the Buyer’s order is accepted, or at such other time agreed with the Seller. 5.3 Any dates specified by the Seller for delivery of the Goods and/or Services are intended to be an estimate, and time of delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time. If your pre-organised delivery is attempted and the customer is not there to accept the order, any attempts to re-deliver will be made at the Buyer’s cost.
6. Risk/Title: 6.1 The Goods and/or Services are at the risk of the Buyer such term where applicable to include a Buyer of a finite rental period of the Goods and/or Services from the time of delivery. 6.2 Ownership of the Goods and/or Services or of the rental period thereof shall not pass to the Buyer until the Seller has received in full (cleared funds) all sums due to it in respect of the Goods and/or Services.
7. Liability: 7.1 If the Goods and/or Services delivered are damaged or defective or the delivery is of an incorrect quantity, the Seller shall have no liability to the Buyer unless the Buyer notifies the Seller in writing of the problem within 2 working days of the delivery of the Goods and/or Services. 7.2 If the Buyer notifies a problem to the Seller under Condition 7.1 the Seller’s sole and exclusive obligation will be, at the Seller’s option:
- To make good any shortage or non-delivery; or
- To replace or repair and make good any Goods and/or Services that are damaged or defective; or
- To refund to the Buyer the amount paid by the Buyer for the Goods and/or Services.
7.3 Save as precluded by law, the Seller will not be liable to the Buyer for any indirect or contingent consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising under or in connection with the Contract and the Seller shall have no liability to pay any money to the Buyer by way of compensation other than to refund to the Buyer the amount paid by the Buyer for the Goods and/or Services under Condition 7.2 above. 7.4 Notwithstanding the foregoing, nothing in these Conditions is intended to limit any rights the Buyer might have as a consumer under applicable local law or other statutory rights that may not be excluded, nor in any way to exclude or limit the Seller’s liability to the Buyer for any death or personal injury resulting from the Seller’s negligence. 7.5 None of our products are fire retardant. Our products are intended for indoor use, and we therefore do not recommend leaving any products outside. Exposure to moisture or other influences may result in dyes running and may cause damage to the surrounding area.
8. Force Majeure: Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, epidemics, governmental action or any other event that is beyond the control of the Party in question.
9. Waiver: The Parties agree that no failure by either Party to enforce the performance of any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
10. Severance: The Parties agree that, in the event that one or more of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that those provisions shall be deemed severed from the remainder of these Terms and Conditions, whilst the remainder of these and the Contract shall be deemed to be valid and enforceable.
GENERAL TERMS AND CONDITIONS BETWEEN THE SELLER AND BUYER
Introduction: The business of Buzz Florist is conducted entirely online using the website address: Buzz[dot]florist. ‘Buzz Florist’ may be contacted by using any of the methods provided on the website. Whilst automated email responses are generated to confirm receipt of senders’ messages and payments sent via the website, those senders requiring a personal response should directly email admin[at]Buzz[dot]florist.
This Website Buzz[dot]florist (the “Website“), is owned by and operated by or on behalf of World Digital Ltd. (“Buzz[dot]florist”, “we” or “us“) with delivery services provided through recognised registered third party providers. If you have any questions regarding the Website or these terms and conditions, or in the unlikely event that you have any complaints about any products purchased by you from the Website, you can contact us by email at admin[at]Buzz[dot]florist.
Placing an order: By placing an order with us you will be deemed to have read, understood and agreed to these Terms. By placing an order via this Website you are making an offer to Buzz[dot]florist to purchase the goods and/or services detailed in your order upon the terms described in your order. Once you have placed an order for goods and/or services (and delivery, if applicable) we will send you confirmation that your order has been received but this is not a confirmation that your offer to purchase the goods and/or services (or for them to be delivered) has been accepted. A contract between you and Buzz Florist for the sale and delivery of our goods and/or services will only exist once an order has been accepted, processed and prepaid in full, or by no less than the required amount of deposit received by the Seller. If paying by credit/debit card using Stripe your account will be debited when your order is placed. Payment may also be made by BACS or other method approved by the Seller. The Order will be despatched to you on the dates agreed on the proviso that payment in full, whether by one payment or multiple payments, has been received by the Seller and processed successfully as a credit made into the Seller’s business bank account. This does not affect your statutory rights. Prices and availability of goods and/or services are subject to change without notice.
Deliveries and Costs: A delivery charge may be added to your order based on its value. The delivery time stated on your order is an indication of the length of time it is expected to take and is not a guarantee. There will be no compensation for orders that fall outside of this indicated timeframe, unless the Buyer has purchased a delivery option from the Seller that includes specific relevant insurance to cover critical delivery deadlines. If you have a particular deadline for your delivery, we suggest you contact us before placing your order. Please take care to enter your address carefully and accurately when processing your transaction – Buzz Florist cannot be held liable for parcels that are not delivered due to incorrect or incomplete addresses.
Conformity of Goods and/or Services: We take every care to ensure that the description and specification of our products are correct at the time of going to press. However, specifications and descriptions of products on this Website are not intended to be binding and are intended only to give a general description of the products. Furthermore, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused through manufacturers’ production tolerances or by the browser software or computer system used to view the products.
Stock Availability: We endeavour to display through this Website all items in our current range. We aim to hold stock of all components necessary to create the styles of items displayed whilst a product is active. However, occasionally an item might be out of stock and we may have to advise you of this once your order has been placed. You may be invited to receive a refund if the item cannot be restocked in a timely manner.
Promotions: From time to time Buzz Florist may run promotions and offers, the terms of which are entirely at its discretion. As each promotion may have different terms and conditions, you are advised to contact us if you require detailed information about a particular promotion. You may receive a complimentary gift voucher with your order, these gift vouchers are not for use with any other promotion. Unless pre-authorised by us in writing, two promotions cannot be applied to the same order and some promotions are restricted to one per customer. Promotions may be contingent upon a minimum spend, regarding which you may contact us for further details.
Returns: Payment deposits for bespoke custom-made Goods and/or associated Services are under no circumstances refundable on orders subsequently cancelled by the Buyer or their agent. All items purchased from the Seller are carefully packed and checked and their condition verified before being despatched to the Buyer. Due to the specificity of time involved for events using the Seller’s products, it is hereby agreed between the Buyer and the Seller and a condition of sale to the Buyer that their order falls outside the ‘distance selling’ regulations and as such may only be cancelled and returned for any level of refund subject to it being defective. In such a case, products must be returned complete, in unused condition and with the original packaging. Discounts, free delivery or other complementary gifts may no longer be applicable if returning part of your order and any refund may be adjusted to account for the concessions due to the revised order. Please notify us of any faults and obtain a Return Authorisation Code from us before returning your item(s). We cannot accept any item(s) returned as faulty if appropriate care has not been taken and the damage caused to the product is clearly due to wear and tear or misuse outside our control. Unless otherwise contractually agreed in writing, return of an item is at your own cost and delivery fees will not be refunded unless the item is faulty.
Prices: All prices quoted on this Website are accurate at the time of publication and are quoted in GBP.
Website access and use thereof: These are governed by these Terms and our Privacy Policy or any other policy referred to in these terms and conditions. These Terms will apply to any contract between us for the sale of any product and/or service including any order placed by you for any product and/or service over the Website. Please read these Terms carefully and make sure that you understand them before ordering any product from our Website. You should save or print a copy of these Terms for future reference. If you do not agree to these Terms, you must cease using and accessing this Website. Terms may be changed and updated from time to time and any changes will be effective from the publication of the new terms on the Website. Every time you wish to order products and/or have custom items produced for you, please check these Terms to ensure you understand the terms which will apply at that time.
Disclosures and Indemnities: You agree that the information you provide when placing an order is true and accurate in all respects. We only use your personal information for the purposes of dealing with orders and accounts, processing payments etc. You will notify our customer service team of any changes to that information. Whenever you make use of a feature that allows you to upload ‘content’ to our Website, or to make contact with other users of our site, you must comply with these Terms and any applicable law. Any ‘content’ you upload to our Website will be considered non-confidential and non-proprietary. Buzz Florist has the right to use, copy, distribute, reproduce, exploit, modify, alter and/or disclose to third parties any such material for any purpose. Wherein any third party is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights or of their right to privacy, we have the right to disclose your identity to them or their legal representative. We may deny you access to the Website at any time in our sole discretion when we believe that your use of the Website is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others. Whilst we shall endeavour to moderate and exercise reasonable control over the ‘content’ of submissions to our website, we will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site and you hereby agree to be responsible to Buzz Florist for and indemnify us and keep us indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by us as a result of any claim in respect of your use of the Website.
Cookies: In regard to data collected specifically by Buzz Florist (as distinct from data collected by third parties which are limited under their own applicable policies), we undertake that we shall never sell, rent, lease, gift nor distribute it to any other entity without your prior consent. Only when obliged by law and authorised through the necessary legal instruments to force compliance to any such requirements, would your data be divulged. Information is collected about you during the checkout process when you process purchases on our store and when using the integrated secured payment gateway to complete your transactions. For more Cookies information please refer to our Policies page.
Copyright and trademark: The contents of these pages (including pictures, designs, logos, photographs, text written and other materials) are the copyright trademark or registered trademark of Buzz Florist and/or its content and technology providers and/or their respective corporate and/or individual owners.
All Rights Reserved: Under the terms of use of this website, other than by indexing and/or caching by those entities approved by us to do so, both the legal registered company and its intellectual property owners holding the copyright and/or database rights to this website expressly prohibit access to this site for the purpose of scraping or otherwise collecting information. The copying, modification, distribution, reproduction, or incorporation into any other work of part or all of the material available on this Website in any form is prohibited save that you may:
- Copy, print (one copy only) or download extracts of the material on this Website for the sole purpose of using this Website in good faith for domestic purposes or placing an order with Buzz Florist; and
- Copy, print (one copy only) or download the material on this Website for the purpose of sending to individual third parties for their personal information provided that you do seek no commercial advantage or benefit from so doing and you acknowledge us as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.
