1. General
These Terms and Conditions of Sale apply to any purchases
of goods from this website appearing at URL www.garlandsflorist.co.uk (referred
to as the "website"). Placing an order with us means that you agree to
be bound by these Terms and Conditions of Sale and therefore you should
read them carefully before ordering. These Terms and Conditions of Sale
do not affect your statutory rights.
Purchasing goods on this website (as well as using the website
generally) is also governed by the General Terms and Conditions and you
are treated as accepting those by using the website. In order to purchase
items from this site, we require you to register with us, use of personal
information about you collected via the website is governed by our Privacy Policy and by providing personal information
on this site you agree to allow us to use it in accordance with that policy.
Therefore you should also read the General Terms and Conditions and Privacy
Policy carefully.
The General Terms and Conditions, these Terms and Conditions
of Sale and the Privacy Policy together form one agreement and references
to "Terms and Conditions" mean that agreement, incorporating all three
of those documents.
2. Charges and other important information
The supplier of goods to which these terms and conditions
apply is:
Garlands Florist
29 Elm Row Edinburgh Midlothian EH7 4AH
(referred to in the Terms and Conditions as "Garlands Florist", "us"
or "we")
There is a delivery charge for all goods purchased which
will be indicated on the order screen.
3. Order and delivery process
All orders are subject to acceptance and availability of
stock. We will confirm your order automatically by email (using the email
address you supply to us when you register) when your order is received
by us. Your order is an offer to buy from Garlands Florist and no contract of sale
will exist between Garlands Florist and you until we send you the order confirmation
by email.
We will contact you additionally by email if the item(s) you have ordered
are not available from stock., indicating approximate delivery time to
the extent reasonably possible. You will then have the option either to
wait for delivery or to cancel your order and we will
provide a full refund. This is without prejudice to any other cancellation
or termination rights you may have, including your right of withdrawal
(see section 5 below).
4. Payment
Payment can be made by Visa, Master
Card, Delta, or Switch debit card. Payment will be debited and cleared
from your account before or at the time of the dispatch of your goods.
You warrant and confirm that the credit/debit card used is yours and that
you are legally entitled to use it to make the purchase.
All credit/debit card holders are subject to validation
checks and authorisation by the relevant card issuer. If the issuer of
your card refuses to authorise payment to us we will not be liable for
any delay or non-delivery.
We may refuse to process a transaction for any reason or
refuse service to anyone at any time in our sole discretion.
5. General cancellation right
We want you to be happy with goods purchased from Garlands Florist.
You have the right to cancel your order from the moment you place
it with us until the date of despatch of the ordered products from our premises. This general right does not affect your rights in respect of
damaged or faulty goods (see section 6 below). In order to cancel you
should notify us in writing either by (i) writing to Garlands Florist
29 Elm Row Edinburgh Midlothian EH7 4AH or
(ii) emailing contact us;
and
Following your cancellation we will provide a refund for
the price you paid for the goods against your original credit/debit card
details. We reserve the right to recover from this amount the cost of
recovering the goods from you or the cost of you returning the goods to
us if they are sent at our expense.
6. Damaged or faulty goods
Nothing in these Terms and Conditions affects your statutory
rights in respect of sale of goods. Please return any damaged or faulty
goods with the original packaging to the address set out in section 5
above, giving the reason for the return as "Damaged" or "Faulty".
7. Complaints procedure
All customer complaints should be submitted in writing by
either:
(a) email to contact us;
or
(b) post to Garlands Florist
29 Elm Row Edinburgh Midlothian EH7 4AH
8. Liability
The following liabilities are not limited or excluded (and
nothing elsewhere in the Terms and Conditions shall be interpreted as
so doing):
(a) Garlands Florist liability for (i) death or personal injury
resulting from its negligence; (ii) for fraud; (iii) under section 12
of the Sale of Goods Act 1979; or (iv) for any other liability which
may not by applicable law be excluded or limited; and
(b) your statutory rights as a consumer.
Subject to those liabilities not being limited or excluded,
Garlands Florist shall not be liable (whether in contract, negligence
or otherwise and to the fullest extent permitted by applicable law) for:
(a) any loss of business, profits, sales, revenue, bargain,
opportunity or goodwill;
(b) any indirect, special or consequential loss or damage;
(c) any interruption to business;
(d) any delays or interruptions in access to or operation
of the website;
(e) any loss of, loss of use of, or damage or corruption
to, any software or data or computer equipment;
(f) any loss or damages of any kind incurred as a result
of use of any links on the website or third party sites to which those
links point;
(g) any computer viruses, system failure or malfunctions
which may occur in connection with your use of the website;
(h) any events beyond our reasonable control.
The General Terms and Conditions also contain general rules and disclaimers about liability
in relation to the website.
9. General and governing law
We may change the Terms and Conditions from time to time
and will endeavour to notify you of any major changes by posting a message
on the website. However, by accessing the website you are accepting that
you are bound by the current version of the Terms and Conditions and therefore
you should check these each time you revisit the website.
The Terms and Conditions form the entire understanding of
the parties and supersede all previous agreements, understandings and
representations relating to the subject matter covered by them. If any
provision is found to be unenforceable, this shall not affect the validity
of any other provision. We may delay enforcing any of our rights under
the Terms and Conditions without losing them. You agree that we may assign
these Terms and Conditions or any of our rights or obligations without
giving you notice.
The Terms and Conditions shall be governed and interpreted
in accordance with Scottish law as if the Terms and Conditions were a
contract wholly entered into and wholly performed within Scotland and you
consent to the non-exclusive jurisdiction of the Scottish courts. |