Terms & Conditions
By purchasing goods from townofflowers.com you enter a legally binding agreement with us on the following terms. You should read and understand these terms because they affect your rights and liabilities. These terms describe the basis for purchase by you and sale by us of the products described on this web site.
Definitions and interpretation
In these terms the following words have the following meanings.
“Contract” | the contract for the sale and purchase of the Goods; |
“Delivery Area” | only mainland addresses within England, Wales, and parts of Scotland. All offshore addresses are excluded eg: the Isle of Man, the Scottish Isles, Ireland and the Channel Isles. |
“the Web Site” | our presence on the world wide web, currently accessible via the address www.townoflfowers.com |
“the Seller”, “we”, or “us” | Town of Flowers |
1.2 We aim to give you a clear idea of the nature of the plants we sell. However, you appreciate that there are inevitably slight variations in size, shape and colour between different specimens. Illustrations, descriptions other information as to particular plants are approximate and for guidance only. We may in our sole discretion from time to time vary the nature of the Goods from that advertised without notice to you, so long as these variations are not material alterations.
2.1 The quantity, quality and description of the Goods will be those set out in your order (if accepted by us).
2.2 Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your credit or account card is authorised for the transaction.
2.3 The Goods which can be ordered via our Web Site are only available for delivery to you if you are based in our Delivery Area.
3.1 If the price of the Goods increases between the date we accept your order and the delivery date, we will let you know and ask you to confirm by e-mail that the new price is acceptable. If it is not acceptable then you will of course have the option of cancelling the order.
3.2 Our charges for delivery are detailed on the order page and will be included in the total price for the Goods.
4.1 We will charge your credit card account for payment upon receipt of order. We accept no liability if a delivery is delayed because you did not give us the right payment details.
4.2 If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we can cancel the Contract or suspend any further deliveries to you. This does not affect any other rights we may have.
4.3 We will take all reasonable care to keep all information connected with your order secure but we cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing or ordering from this Web Site, unless this is solely due to our negligence.
5.1 We will deliver the Goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions.
5.2 We will aim to deliver within the quoted time frame but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, we will contact you to advise you that the delivery date will have to be extended.
6.1 Deliveries are available Monday to Sunday and will normally be made between 8am and 8pm. Timeslots cannot be guaranteed.
6.2 Our delivery partners are now operating contact-free delivery so that you can receive your wreath without requiring a signature. No deliveries are made on bank holidays or the day following a bank holiday and we cannot deliver to BFPO or hospital addresses.
7.1 Risk of damage to or loss of the Goods passes to you at the time of delivery to you or, if you fail to take delivery at the agreed time, the time when we tried to deliver.
7.2 You will only own the Goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.
8.1 We will provide you a refund if your product is damaged, once we have received the product back from you in its original packaging. If the product is damaged, you must inform us in writing on the day it is delivered to you. We will not accept any returns or process any refunds if you contact us after the day that the product has been delivered to you. As these are hand-made products, each is uniquely different and we cannot accept returns or provide refunds on wreaths which you do not interpret as being the same as advertised on the website. Depending on availability, we may have to change items within the wreath with other items.
8.2 As we make each wreath by hand and we commence the process on the day we receive your order, we are unable to provide any refunds if you choose to cancel the order.
9.1 We aim to provide high quality plants and products to our customers. Accordingly, we warrant that where the Goods are products and not already covered by a manufacturer’s guarantee, they will meet their specification and will be free from defects in materials and workmanship at the time of delivery.
9.2 We guarantee the freshness of all wreaths for 14 days from the date of delivery subject to proper care or we will replace the wreath free of charge. Care instructions for wreaths are available on our website and it is important that these are followed correctly.
10.1 If you have a valid claim in respect of any of Goods which is based on any defect in their quality or condition or their failure to meet specification in accordance with the Contract, and you have returned the Goods within a reasonable time, you will be entitled to choose either a refund of the price of the Goods or replacement Goods free of charge.
10.2 We shall not be liable to you in connection with any contract, in tort (including negligence), contract or otherwise for any loss of profit, anticipated savings or data that your business may suffer.
10.3 These terms and conditions do not affect your statutory rights as a consumer.
10.4 We will continually improve the Goods, so changes to them may be made at any time. We will use reasonable commercial endeavours to keep the Web Site up to date, but the information and specifications given are for your information only and are subject to change without notice. Pictures on the Web Site are generally accurate but variations in colour, shape and size must be expected.
10.5 The content of the Web Site is directed solely at those who access the site from addresses within the Delivery Area.
10.6 We assume no responsibility for the contents of any other web sites to which this Web Site has links.
11.1 We will not be liable to you or in breach of the Contract for delay or failure to perform due to a cause beyond our reasonable control.
12.1 All of the written, photographic, design and audio content of the Web Site together with the selection and arrangement of it and all software compilations are our copyrighted property or that of the people who have granted to us the right to use it and is protected as such. All rights reserved.
12.2 None of this material may be used without our written permission. You may download or print a single copy for your own non-commercial off-line viewing.
12.3 All names, logos, slogans, or other phrases may be a trade mark of ours or another person or corporation. Any unauthorised use of a trade mark is unlawful.
13.1 Our privacy policy is available at the bottom of this page.
14.1 We reserve the right to make changes to this Web Site and these terms at any time.
15.1 If you wish to complain about any aspect of our service, please email us at info@townofflowers.com.
16.1 Unless otherwise stated, discount codes (including those offered/displayed by third parties) cannot be used for purchases of gift vouchers and do not apply to postage charges.
17.1 Some of our flowers may be harmful or poisonous to humans and animals. Do not eat them.
18.1 These terms will be governed by English law and any disputes will be resolved exclusively by the English Courts.
20.1 Emails to you will be to the address you specify to us. It is important that you give us an accurate and valid e-mail address and contact telephone number and tell us of any changes to them.
20.2 If either we or you fail to enforce a right under these terms, that failure will not stop us or you from enforcing the other rights, or the same type of right on a later occasion.
20.3 To the extent that any provision of these terms is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision will be deemed not to be a part of these terms, it will not affect the enforceability of the remainder of these terms nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
20.4 The headings in these terms are for convenience only and will not affect their interpretation.
Town of Flowers Privacy Statement
At Town of Flowers, we’re committed to protecting and respecting your privacy.
This Policy explains when and why we collect personal information about people who visit our website, how we use it, the conditions under which we may disclose it to others and how we keep it secure.
We may change this Policy from time to time so please check this page occasionally to ensure that you’re happy with any changes. By using our website, you’re agreeing to be bound by this Policy.
Any questions regarding this Policy and our privacy practices should be sent by email to info@townoflowers.com or by writing to Suite 11, Burley Hill Business Centre, Burley Road, Leeds, LS42PU.
How do we collect information from you?
We collect data to operate effectively and provide you with the best experience on our website. You provide some of this data directly, such as when you make a purchase or when you register to receive our email newsletters. We get some of it by recording how you interact with our website by, for example, using technologies like cookies.
What type of information is collected from you?
The personal information we collect might include your name, address, email address, IP address, and information regarding what pages you accessed and when. If you purchase a plant or product from us, your card information is not held by us, it is collected by our third party payment processors, who specialise in the secure online capture and processing of credit/debit card transactions.
How is your information used?
We may use your information to:
We review our retention periods for personal information on a regular basis. We hold some types of information to fulfil our contract with you (for example the guarantees we offer across hardy plants and products). We will hold your personal information on our systems for as long as is necessary for the relevant activity, or as long as is set out in any relevant contract you hold with us.
Who do we share you personal data with?
Third Party Service Providers & Suppliers working on our behalf: We may pass your information to our trusted third party service providers, suppliers, agents subcontractors and other associated organisations for the purposes of completing tasks and providing services to you on our behalf. For example, to send you emails or catalogues, to deliver the products and plants you have ordered from us, fraud management and so on.
However, when we use third party service providers & suppliers;
We may transfer your personal information to a third party as part of a sale of some or all of our business and assets to any third party or as part of any business restructuring or reorganisation, or if we’re under a duty to disclose or share your personal data in order to comply with any legal obligation or to enforce or apply our terms of use or to protect the rights, property or safety of our customers. However, we will take steps with the aim of ensuring that your privacy rights continue to be protected.
Your marketing choices
You have a choice about whether or not you wish to receive information from us. If you do not want to receive direct marketing communications from us about our, products and events, then you can select your choices by leaving blank the relevant boxes situated on the forms on which we collect your information.
We will not contact you for marketing purposes by email unless you have given your prior consent. We will not contact you for marketing purposes by post if you have indicated that you do not wish to be contacted. You can change your marketing preferences at any time by logging into the My Account area on the website or contacting us by email: info@townofflowers.com.
How you can access and update your information
The accuracy of your information is important to us. If you would like to change your details at any point, please log into your account and update the relevant area.
You have the right to ask for a copy of the information Town of Flowers hold about you free of charge. To request this, please email info@townofflowers.com.
We reserve the right to charge an administrative fee for further copies of the same information or when a request is manifestly unfounded or excessive, particularly if it is repetitive.
You have the right to ask us to delete all information held on you by Town of Flowers. To request this, please email info@townofflowers.com. Please note – if you need to redeem a guarantee or request a refund after making this request, you must be able to provide your order number and details or the plants or products purchased.
Security precautions in place to protect the loss, misuse or alteration of your information
When you give us personal information, we take steps to ensure that it’s treated securely. Any sensitive information (such as credit or debit card details) is encrypted and protected with 128 Bit encryption software on SSL. When you are on a secure page, a lock icon will appear on the bottom of web browsers such as Microsoft Internet Explorer or in the address bar on Google Chrome.
Non-sensitive details (your email address etc.) are transmitted normally over the Internet, and this can never be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk. Once we receive your information, we make our best effort to ensure its security on our systems. Where we have given (or where you have chosen) a password which enables you to access certain parts of our websites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Profiling
We may analyse your personal information to create a profile of your interests and preferences so that we can contact you with information relevant to you and create a more personalised experience on our website. We may make use of additional information about you when it is available from external sources to help us do this effectively. We may also use your personal information to detect and reduce fraud and credit risk.
Use of ‘cookies’
Like many other websites, the townofflowers.com website uses cookies. ‘Cookies’ are small pieces of information sent by an organisation to your computer and stored on your hard drive to allow that website to recognise you when you visit. They collect statistical data about your browsing actions and patterns and do not identify you as an individual. For example, we use cookies to store the plants and products you have added to your wheelbarrow. This helps us to optimise your experience on our website and deliver a more personalised service.
It is possible to switch off cookies by setting your browser preferences. For more information on how to switch off cookies on your computer, visit our full cookies policy. Turning cookies off may result in a loss of functionality when using our website.
Links to other websites
Our website may contain links to other websites run by other organisations. This privacy policy applies only to our website‚ so we encourage you to read the privacy statements on the other websites you visit. We cannot be responsible for the privacy policies and practices of other sites even if you access them using links from our website.
In addition, if you linked to our website from a third party site, we cannot be responsible for the privacy policies and practices of the owners and operators of that third party site and recommend that you check the policy of that third party site.
16 or Under
We are concerned to protect the privacy of children aged 16 or under. If you are aged 16 or under‚ please get your parent/guardian’s permission beforehand whenever you provide us with personal information.