We welcome you to the Nicola Florist website terms and conditions for your information and use. These terms and conditions apply to the use of this website at Nicola Florist. By accessing this website and/or placing your order, you agree to be bound by these terms and conditions.
Using our website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept our terms, please do not use this website.
The www.nicolaflorist.co.uk website is operated by:
Nicola Florist, a company registered in England and Wales.
Our contact details are as follows:
33 Church Street
General email: email@example.com
Telephone number: 01256 354 771
Fax number: 01256 346 677
- You will be able to access most areas of the website without registering your details with us. However certain areas of this website are only open to you if you register.
- We may revise these terms and conditions at any time by updating this posting. You should check this website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of our terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this website.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.
2. ORDERING FROM US
- 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 you order and to correct any errors that may have occurred. We will send you an order acknowledgement, detailing the products you have ordered.
- Our acceptance of your order takes place when we despatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase contact will be made and you will be charged, unless we have notified you that we do not accept your order or you have cancelled your order.
- We may refuse to accept your order:
- Where goods are not available;
- Where we cannot obtain authorisation for your payment;
- If there has been a pricing or product description error; or
- If you do not meet any eligibility criteria set out in our terms and conditions.
- To order goods through this website you must be at least 18 years of age.
- All our 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.
- 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 our website.
- Our prices are reviewed periodically and the next review will be on 31 March 2007.
IMPORTANT DELIVERY INFORMATION/POLICY
It is your responsibility to ensure all delivery address/details for the recipient given are correct. Nicola Florist cannot accept any responsibility or costs for non-delivery to the intended recipient or losses in such circumstances.
Nicola Florist STRONGLY recommends that the sender advises the recipient to expect a delivery.
Ensuring that the recipient is going to be at the delivery address, on the day of delivery, remains the responsibility of the sender. Nicola Florist cannot accept responsibility or costs incurred in such circumstances of non-delivery.
Delivery to flats
In some flats please be aware that tenants may sign and receive deliveries for neighbours. You should be aware of this when placing an order for delivery. If a delivery has not arrived on time it is likely that a neighbour may have accepted and signed for a delivery on the recipient's behalf. Please therefore notify the recipient to check with neighbours.
For orders where a third party will accept and sign for the delivery on the recipient's behalf, for example, a hospital, airport, college, university, workplace, secure housing (with doorman) or any other such place, the signature of any person authorised to accept delivery on behalf of the organisation shall be accepted as proof of delivery. Nicola Florist suggests that the sender takes the time to inform any such third party to expect the delivery prior to placing an order to ensure there is no delay in the recipient receiving the order.
Our trained drivers with our own transport will deliver all the orders. See our special web promotion below at item 13.
MAIN TERMS AND GUARANTEE
Whilst we endeavour to only show items on the website that are in stock, goods are subject to availability. If the flowers that we have received are not up to our high standards, we reserve the right to substitute any product with an alternate product of a similar style and equivalent (or greater) value and quality.
If your order arrives damaged or you have a complaint on quality, please notify us by telephone or email within 2 days of the delivery date and we will despatch a replacement as stated above. A complaint after this period falls outside our No Quibble Guarantee. If a complaint is made between 3 and 7 days following delivery you may be required to return the goods to us or send a photograph perhaps by email. This is to allow us to assess a complaint fully to improve our offering and service. Problems between 3 and 7 days are usually associated with poor after care, so please ensure instructions on flower care are followed carefully. In such circumstances where you are requested to return an order, we will refund postage costs if the goods provided are found to be at fault. Unfortunately a quality complaint cannot be investigated if made later than 7 days following date of delivery. Please note in the cases of roses, this is 5 days. Please contact us at any point or view our website if you require tips or additional information on flower care.
If you need to contact us within the UK, call us on 01256 354 771 Monday - Saturday 8.30 AM - 5.30 PM.
Our target response for replying to your emails is 24 hours however, in practice, this is usually just a few hours but can be longer around the peak ordering periods such as Valentine's Day, Mother's Day, Easter and Christmas.
4. CANCELLATIONS AND RETURNS POLICY
- If you wish to cancel your order:
- You can notify us by email to firstname.lastname@example.org before we have dispatched the goods for/to you:
- Please note: only cancellations given at least 48 hours before delivery date will be eligible for a refund. Orders placed or cancelled on Saturdays, Sundays or Bank Holidays will be treated as having been received on the following working day. To cancel orders, please call 01256 354 771.
Nicola Florist is committed to your safety and security when placing orders with us. We provide a safe and secure online payment process and do not store any records of your credit card details.
Any information that you provide to us is used solely to verify your order and process your payment.
By registering or placing an order on this website, you consent to the collection, use and transfer of your information under the terms of this policy.
INFORMATION THAT WE COLLECT FROM YOU
When you visit, register or order products or services on Nicola Florist you may be asked to provide certain information about yourself including your name, contact details and credit or debit card information.
We may also collect information about your usage of our website as well as information about you from messages you post to the website and emails or letters you send to us.
USE OF YOUR INFORMATION
Your information will enable us to provide you with access to all parts of our website and 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, improve, support and develop our business.
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. We may from time to time use your contact details to inform you of any special offers or new products that become available at Nicola Florist, however we will give you the option to unsubscribe to any email literature that we send out.
Cookies are small amounts of information, which may store on your computer.
Cookies make it easier for you to log on to and use the site during future visits. They also allow us to monitor website traffic and to personalise the content of the site for you. You may set up your computer to reject cookies by following the relevant instructions, which can be found at www.aboutcookies.org. In that case, you may not be able to use certain features on our site.
SECURITY AND DATA RETENTION
We employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period or as long as the law requires.
All comments, queries and requests relating to our use of your information are welcomed and should be addressed to email@example.com
- You are permitted to print and download extracts from our Website for your own use only if authorised to do so by Nicola Florist in writing, and on the following basis:
- no documents or related graphics on the website are modified in any way;
- no graphics on this website are used separately from accompanying text; and
- any of our copyright and trade mark notices and this permission notice appear in all copies.
- Unless otherwise stated, the copyright and all other intellectual property rights in all material on this website (including without limitation photographs and graphical images) are owned us by or our licensors. For the purposes of these terms and conditions, any use of extracts from this website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms and conditions, your permission to use this website automatically terminates and you must immediately destroy any download or printed extracts from this website.
- Subject to clause 5.1, 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.
- Any rights not expressly granted in these terms are reserved.
- While we continually 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.
- 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.
7. VISITOR MATERIAL AND CONDUCT
- You are prohibited from posting or transmitting to or from this website any Material:
- That is defamatory, threatening, indecent, obscene, offensive, seditious,
- Pornographic, liable to incite racial hatred, abusive, menacing, discriminatory, Inflammatory, scandalous, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- For which you have not obtained all necessary licences and/or approvals;
- Which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
- Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data).
- You may not misuse the website (including, without limitation, by hacking).
- 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 7.2 or 7.3.
8. LINKS TO AND FROM OTHER WEBSITES
- 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 therein, 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.
- You may only create links to this website if you have first entered into a written Website linking licence with us.
- While we endeavour to ensure that the information on the 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.
- 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.
- We, any other party (whether or not involved in creating, maintaining, producing or delivery this website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, data, goodwill, use of money, contracts or loss or damages arising from or connected in any way to business interruption, and whether in tort 9 (including without limitation negligence, contract or otherwise) 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.
- 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.
- If your use of material on this website results in the need for repair, servicing or correction of equipment, software or data, you assume all costs thereof.
- You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, losses, damages, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this website, or the use by any other person using your registration details.
11. GOVERNING LAW AND JURISDICTION
- 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.
- We do not warrant that materials/items for sale on this website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its content 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.
- You may not sub-licence, assign or otherwise transfer any of your rights under these terms and conditions
- If any provision of these terms and conditions if 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.
- Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
13. SPECIAL WEB PROMOTION
All orders placed on the Nicola Florist website will automatically include a free box of chocolates. This special promotion applies only to orders placed with our website and with no other type of order placed.