Terms Of Sale
TERMS OF SALE
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, www.flowerandflame.co.uk (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase and sale of Goods, as explained in Clause 8; “Goods” means the goods sold by Us through Our Site;
“Order” means your order for Goods; “Order Confirmation” means our acceptance and confirmation of your Order; “Order Number” means the reference number for your Order; and “We/Us/Our” means FLOWER AND FLAME LTD [, a company registered in England under 11073306, whose registered address is Colchester Business Centre, 1 George Williams Way, Colchester, Essex, CO1 2JS and whose main trading address is Colchester Business Centre, 1 George Williams Way, Colchester, Essex, CO1 2JS.].
2. Information About Us
2.1 Our Site, www.flowerandflame.co.uk , is [owned and] operated by FLOWER AND FLAME LTD [, a limited company registered in England under 11073306, whose registered address is Colchester Business Centre, 1 George Williams Way, Colchester, Essex, CO1 2JS and whose main trading address is Colchester Business Centre, 1 George Williams Way, Colchester, Essex, CO1 2JS]. [Our VAT number is <<insert VAT number>>.]
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. International Customers Please note that We only sell to customers in the United Kingdom. We do not accept orders from, or deliver to, customers outside the United Kingdom.
5. Goods, Pricing and Availability
5.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
5.1.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
5.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
5.2 Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).
5.3 Where appropriate, you may be required to select the required size, fragrance, colour, number, of the Goods that you are purchasing.
5.4 We cannot guarantee that Goods will always be available. Stock indications are not provided on Our Site.
5.5 Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
5.6 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. [All pricing information is reviewed and updated every week. Changes in price will not affect any order that you have already placed (please note sub-Clause 7.9 regarding VAT, however).
5.7 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 7 days, We will treat your Order as cancelled and notify you of this in writing.
5.8 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
5.9 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
5.10 Delivery charges are included in the price of Goods displayed on Our Site.
6. Orders – How Contracts Are Formed
6.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
6.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
6.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. [Our acknowledgement of receipt of your Order does not mean that we have accepted it.] Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
6.4 Order Confirmations shall contain the following information:
6.4.1 Your Order Number;
6.4.2 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
6.4.3 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
6.4.4 Estimated delivery date(s) [and time(s)];
6.5 In the unlikely event that We do not accept or cannot fulfill your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 working days.
6.6 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods.
7.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until We dispatch your Goods.
8. Delivery, Risk and Ownership
8.1 All Goods purchased through Our Site will normally be delivered within 7 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14).
8.2 If We are unable to deliver the Goods on the delivery date, the following will apply:
8.2.1 If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox, We will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;
8.2.2 If you do not collect the Goods or rearrange delivery within 30 days, We will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the Goods.
8.3 In the unlikely event that We fail to deliver the Goods within 7 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:
8.3.1 We have refused to deliver your Goods; or
8.3.2 In light of all relevant circumstances, delivery within that time period was essential; or
8.3.3 You told Us when ordering the Goods that delivery within that time period was essential.
8.4 If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
8.5 You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 7 days. Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We will bear the cost of returning the cancelled Goods.
8.6 Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address [including, where relevant, any alternative address] you have provided.
8.7 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
8.8 Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Goods.
9. Faulty, Damaged or Incorrect Goods
9.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any digital content is included in the Goods, that digital content must also conform. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us at firstname.lastname@example.org as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement. Your available remedies will be as follows:
9.1.1 Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.
9.1.2 If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a repair of the Goods or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
9.1.3 If, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
9.2 Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 11 merely because you have changed your mind. If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling-off within which you can return Goods for this reason. Please refer to Clause 12 for more details.
9.3 To return Goods to Us for any reason under this Clause 11, please contact Us at email@example.com to arrange for a collection and return. We will be fully responsible for the costs of returning Goods under this Clause 11 and will reimburse you where appropriate.
9.4 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
9.5 Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Goods were originally purchased.
9.6 Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Goods. 9.7 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
10. Cancelling and Returning Goods if You Change Your Mind
10.1 If you are a consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed. You may also cancel for any reason before We send the Order Confirmation.
10.2 If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling-off period. Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling-off period lasts for 14 whole calendar days. If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted. If you would prefer to contact Us directly to cancel, please use the following details:
10.2.1 Email: firstname.lastname@example.org ; In each case, providing Us with your name, address, email address, telephone number, and Order Number.
10.3 Please note that you may lose your legal right to cancel under this Clause 12 in the following circumstances:
10.3.1 [If the Goods are sealed for and you have unsealed those Goods after receiving them;]
10.3.2 [If the Goods are likely to deteriorate quickly, for example flowers]
10.3.3 [If the Goods have been personalised or custom-made for you; ] 10.3.4 [If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.] 10.4 Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 12. 10.5 [You may request that We collect the Goods from you. Please ensure that the Goods are ready for collection at the agreed time and location.] 10.6 You may return Goods to Us by post to Our returns address. Please contact Us at email@example.com to arrange this. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 12. 10.7 Refunds under this Clause 12 will be issued to you within 14 calendar days of the following: 10.7.1 The day on which We receive the Goods back; or 10.7.2 The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 12.9.1); or 10.7.3 [If We are collecting the Goods under sub-Clause 12.7, the day on which you inform Us that you wish to cancel the Contract; or] 10.7.4 If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract. 10.8 Refunds under this Clause 12 may be subject to deductions in the following circumstances: 10.8.1 Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively. 10.8.2 [Standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that We cannot reimburse for premium delivery. We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 12.] OR [If a refund is issued to you under this Clause 12, you will receive a full refund of any delivery charges (including, where relevant, premium delivery). We are required by law to reimburse standard delivery charges (or the equivalent) only. 10.9 Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Goods [unless you specifically request that We make a refund using a different method].
11. Our Liability to Consumers
11.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable. 11.2 We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity. 11.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation. 11.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
12. Events Outside of Our Control (Force Majeure)
12.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control. 12.2 If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale: 12.2.1 We will inform you as soon as is reasonably possible; 12.2.2 We will take all reasonable steps to minimise the delay; 12.2.3 To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly; 12.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary; 12.2.5 If the event outside of Our control continues for more than 14 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 7 days of the date on which the Contract is cancelled; 12.2.6 If an event outside of Our control occurs [and continues for more than 14 days] and you wish to cancel the Contract as a result, you may do so. Contact us directly to cancel, please use the following details: Email: firstname.lastname@example.org
In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 7 days of the date on which the Contract is cancelled.
13. Communication and Contact Details
13.1 If you wish to contact Us with general questions or complaints, you may contact Us by email at email@example.com. 13.2 For matters relating the Goods or your Order, please contact Us by email at firstname.lastname@example.org. 13.3 For matters relating to cancellations, please contact Us by email at email@example.com, or refer to the relevant Clauses above.
14. Complaints and Feedback
14.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint. 14.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways: 14.2.1 [By email, addressed to Company Director – Flower and Flame LTD at firstname.lastname@example.org]
15. How We Use Your Personal Information (Data Protection)
15.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act. 15.2 We may use your personal information to: 15.2.1 Provide Our Goods and services to you; 15.2.2 Process your Order (including payment) for the Goods; and 15.2.3 Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time. 15.3 In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly. 15.4 We will not pass on your personal information to any third parties [without first obtaining your express permission].
16. Other Important Terms
16.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them. 16.2 [You may transfer (assign) the benefit of Our Goodwill Guarantee in Clause 12 to any person to whom you transfer ownership of the Goods after you have completed purchasing the Goods from Us (for example, by selling the Goods to that person or giving them the Goods as a gift). [We may require that person to provide reasonable evidence that they are now the legal owner of the Goods in question.] 16.3 You may not transfer (assign) your [other] obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission. 16.4 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale. [This is subject to sub-Clause 18.2 and any purchaser to whom the guarantee has been transferred under that sub-Clause will be entitled to enforce the guarantee.] 16.5 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable. 16.6 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision. 16.7 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 7 days of your cancellation.
17. Law and Jurisdiction
17.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law. 17.2 If you are a consumer, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency. 17.3 If you are a business, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
FLOWER AND FLAME LTD understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits this website, www.flowerandflame.co.uk (“Our Site”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with Our obligations and your rights under the law.
1. Definitions and Interpretation In this Policy the following terms shall have the following meanings:
“Account” means an account required to access and/or use certain areas and features of Our Site; “Cookie” means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 13, below; [“Cookie Law” means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;] “personal data” means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the [Data Protection Act 1998] OR [EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”)]. “We/Us/Our” means FLOWER AND FLAME LTD [, a limited company registered in England under company number 11073306, whose registered address is Colchester Business Centre, 1 George Williams Way, Colchester, Essex, CO1 2JS].
2. Information About Us
2.1 Our Site is owned and operated by FLOWER AND FLAME LTD, a limited company registered in England under company number 11073306, whose registered address is Colchester Business Centre, 1 George Williams Way, Colchester, Essex, CO1 2JS. 2.2 [Our Data Protection Officer is Keri-Ann Stroud, and can be contacted by email at email@example.com.]
3. What Does This Policy Cover?
4. Your Rights
4.1 As a data subject, you have the following rights under the GDPR, which this Policy and Our use of personal data have been designed to uphold:
4.1.1 The right to be informed about Our collection and use of personal data;
4.1.2 The right of access to the personal data We hold about you (see section 12);
4.1.3 The right to rectification if any personal data We hold about you is inaccurate or incomplete (please contact Us using the details in section 14);
4.1.4 The right to be forgotten – i.e. the right to ask Us to delete any personal data We hold about you (We only hold your personal data for a limited time, as explained in section 6 but if you would like Us to delete it sooner, please contact Us using the details in section 14);
4.1.5 The right to restrict (i.e. prevent) the processing of your personal data;
4.1.6 The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);
4.1.7 The right to object to Us using your personal data for particular purposes; and
4.1.8 Rights with respect to automated decision making and profiling.
4.2 If you have any cause for complaint about Our use of your personal data, please contact Us using the details provided in section 14 and We will do Our best to solve the problem for you. If We are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office.
4.3 For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens Advice Bureau.]
5. What Data Do We Collect?
5.2 [date of birth;]
5.4 [job title;]
5.6 [contact information such as email addresses and telephone numbers;]
5.7 [demographic information such as post code, preferences and interests;]
5.8 [financial information such as credit / debit card numbers;]
5.9 [IP address;]
5.10 [web browser type and version;]
5.11 [operating system;]
5.12 [a list of URLs starting with a referring site, your activity on Our Site, and the site you exit to;]
6. How Do We Use Your Data?
6.1 All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with Our obligations and safeguard your rights under the [Data Protection Act 1998] OR [GDPR] at all times. For more details on security see section 7, below.
6.2 Our use of your personal data will always have a lawful basis, either because it is necessary for Our performance of a contract with you, because you have consented to Our use of your personal data (e.g. by subscribing to emails), or because it is in Our legitimate interests. Specifically, We may use your data for the following purposes:
6.2.1 [Providing and managing your Account;]
6.2.2 [Providing and managing your access to Our Site;]
6.2.3 [Personalising and tailoring your experience on Our Site;]
6.2.4 [Supplying Our (products) AND/OR [services] to you (please note that We require your personal data in order to enter into a contract with you);]
6.2.5 [Personalising and tailoring Our (products) AND/OR [services] for you;]
6.2.6 [Replying to emails from you;]
6.2.7 [Supplying you with emails that you have opted into (you may unsubscribe or opt-out at any time].
6.2.8 [Market research;]
6.2.9 [Analysing your use of Our Site [and gathering feedback] to enable Us to continually improve Our Site and your user experience;]
6.3 [With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by [email] AND/OR [telephone] AND/OR [text message] AND/OR [post] with information, news and offers on Our (products) AND/OR [services]. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the [Data Protection Act 1998] OR [GDPR] and the Privacy and Electronic Communications (EC Directive) Regulations 2003.]
6.4 You have the right to withdraw your consent to Us using your personal data at any time, and to request that We delete it.
6.5 We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected.
7. How and Where Do We Store Your Data?
7.1 We only keep your personal data for as long as We need to in order to use it as described above in section 6, and/or for as long as We have your permission to keep it.
7.2 [Your data will only be stored in the UK.]
7.3 Data security is very important to Us, and to protect your data We have taken suitable measures to safeguard and secure data collected through Our Site.
8. Do We Share Your Data?
8.1 In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal obligations, a court order, or a governmental authority.]
8.2 [We may sometimes contract with third parties to supply (products) and services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising, and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.]
8.3 [We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.]
8.4 [The third party data processors used by Us and listed below are located]. We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the [Data Protection Act 1998].
8.5 In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority.]
9. What Happens If Our Business Changes Hands?
9.2 In the event that any of your data is to be transferred in such a manner, you will [not] be contacted in advance and informed of the changes. [When contacted you will [not, however,] be given the choice to have your data deleted or withheld from the new owner or controller.]
10. How Can You Control Your Data?
10.1 In addition to your rights under the GDPR, set out in section 4, when you submit personal data via Our Site, you may be given options to restrict Our use of your data. In particular, We aim to give you strong controls on Our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails and at the point of providing your details [and by managing your Account]).
10.2 You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
11. Your Right to Withhold Information
12. How Can You Access Your Data?
You have the right to ask for a copy of any of your personal data held by Us (where such data is held). Under the GDPR, no fee is payable and We will provide any and all information in response to your request free of charge. Please contact Us for more details at firstname.lastname@example.org.
13.2 All Cookies used by and on Our Site are used in accordance with current Cookie Law.
13.3 Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown below in section
13.5. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below in section
13.9, but please be aware that Our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
13.4 The following first party Cookies may be placed on your computer or device:
Name of Cookie Purpose Strictly Necessary Shopify Online transactional payment provider yes
13.5 Our Site uses analytics services provided by Google Analytics. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling Us to better understand how Our Site is used. This, in turn, enables Us to improve Our Site and the (products) AND/OR [services] offered through it. You do not have to allow Us to use these Cookies, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.
13.6 The analytics service(s) used by Our Site use(s) Cookies to gather the required information.
13.7 The analytics service(s) used by Our Site use(s) the following Cookies:
Name of Cookie First / Third Party Provider Purpose Google Analytics First and third party Google Website traffic tracking
13.8 In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
13.9 You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
13.10 It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.]
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings: “Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and “We/Us/Our” means FLOWER AND FLAME LTD [, a company registered in England under 11073306, whose registered address is Colchester Business Centre, 1 George Williams Way, Colchester, Essex, CO1 2JS. ]
2. Information About Us
2.1 Our Site, www.flowerandflame.co.uk, is [owned and] operated by FLOWER AND FLAME [, a limited company registered in England under 11073306, whose registered address is Colchester Business Centre, 1 George Williams Way, Colchester, Essex, CO1 2JS.]
3. Access to Our Site
3.1 Access to Our Site is free of charge. 3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site. 3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Intellectual Property Rights
4.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties. 4.2 Subject to sub-Clause[s] 4.3 [and 4.6] you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us. 4.3 You may: 4.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app); 4.3.2 Download Our Site (or any part of it) for caching; 4.3.3 Print [one copy of any] page[s] from Our Site; 4.3.4 Download extracts from pages on Our Site; and 4.3.5 Save pages from Our Site for later and/or offline viewing. 4.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged. 4.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. [This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.] 4.6 [Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.]
5. Links to Our Site
5.1 You may link to Our Site provided that: 5.1.1 You do so in a fair and legal manner; 5.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists; 5.1.3 You do not use any logos or trade marks displayed on Our Site without Our express written permission; and 5.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it. 5.2 [You may link to any page of Our Site.]
5.2 [You may not link to Our Site from any other site the main content of which contains material that: 5.2.1 [is sexually explicit]; 5.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory; 5.2.3 promotes violence; 5.2.4 promotes or assists in any form of unlawful activity; 5.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age; 5.2.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; 5.2.7 is calculated or is otherwise likely to deceive another person; 5.2.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy; 5.2.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4); 5.2.10 implies any form of affiliation with Us where none exists; 5.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or 5.2.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence. 5.3 [The content restrictions in sub-Clause 5.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 5.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.]
6. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
7.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. 7.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. 7.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
8. Our Liability
8.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site. 8.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site. 8.3 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage. 8.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site. 8.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship. 8.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
9. Viruses, Malware and Security
9.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware. 9.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks. 9.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site. 9.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site. 9.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means. 9.6 By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
10. Acceptable Usage Policy
10.1 You may only use Our Site in a manner that is lawful. Specifically: 10.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations; 10.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent; 10.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and 10.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way. 10.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions: 10.2.1 suspend, whether temporarily or permanently, your right to access Our Site; 10.2.2 issue you with a written warning; 10.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach; 10.2.4 take further legal action against you as appropriate; 10.2.5 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or 10.2.6 any other actions which We deem reasonably appropriate (and lawful). 10.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.