Terms and Conditions

1

Definitions
1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 “Goods” means the articles that the Buyer agrees to buy from the Seller;
1.5 “Seller” means The Edible Flower Shop of Bibhay Cottage, Lapford, Devon EX17 6QD;
1.6 “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7 “Website” means The Edible Flower Shop at theedibleflowershop.co.uk.

2

Conditions
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller’s address stated in clause 1.5.

3

Ordering
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller.  The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.
3.3 PayPal is used for all card payment transactions.  When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are as follows:-
i) The Buyer chooses Goods and add Goods to the shopping basket. The Buyer will be provided with any available Goods options, like quantity and colour, as well as being shown the postage and packaging costs.
ii) Once happy with their selection, the Buyer views basket and proceed to checkout.
iii) Buyer reviews their details.  Buyer is taken to payment pages on the PayPal site. To pay by credit or debit card, the Buyer fill out the payment form. If they prefer to pay using PayPal, the Buyer logs in to their PayPal account and pays in as few as three clicks.  Payment shall will be accepted in Pounds Sterling only.
iv) Buyer sees a summary of their order to review key information, including the total amount and postal address.
v) Buyer sees a payment confirmation page and receive an email confirmation. Seller also receives confirmation of the order by email
vi) Return to The Edible Flower Shop

4

Price and Payment
4.1 The price of the Goods shall be that stipulated on the Website. There is no VAT payable on the Goods.  Postage and packing charges are stipulated on the Website.
4.2 For orders weighing less than 2kg, the total purchase price, including postage and packing charges, if any, will be displayed in the Buyer’s shopping basket prior to confirming the order.  For orders weighing over 2kg, the total purchase price excluding postage and packing charges will be shown in the shopping basket prior to confirming the order.  Details of postal charges will be submitted to the Purchaser thereafter.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the price plus postage and packing charges must be made in full before dispatch of the Goods.

5

Rights of Seller
5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time.  The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
5.4 The Seller reserves the right to suspend, restrict or terminate access to the Website and/or the online services for any reason at any time.

6

Delivery
6.1 Goods supplied within the UK will normally be dispatched within five working days of acceptance of order.
6.2 No goods can be supplied outside the following countries: Austria, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.
6.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
6.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery.  In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
6.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.6 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
6.7 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
6.8 We cannot be held responsible for delays or problems arising from inaccurate or incomplete postal addresses.

7

Cancellation and Returns
7.1 The Buyer may cancel the order up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days.
7.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by email within 7 days if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
7.3 Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Seller within 28 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
7.4 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller in writing within 7 working days of receipt of the Goods.
7.5 Goods must be returned by the Buyer at the Buyer’s expense within 28 days of cancellation in the original packaging and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
7.6 Goods to be returned must clearly show the order number obtained from the Seller on the package.
7.7 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.

8

Product Information
8.1 The Seller endeavours to ensure that our seeds are of the highest quality and in good conditions.  However, due to the nature of flower seeds the Seller cannot guarantee that every single one will germinate.
8.2 The Seller cannot be held responsible for poor germination of seeds if the Buyer and/or Consumers has not kept the seeds in good condition and/or the planting or growing conditions are unfavourable.

9

Limitation of Liability
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

10

Waiver
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

11

Force Majeure
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

12

Severance
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

13

Changes to Terms and Conditions
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

14

Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

15

Copyright
No part of this website, including text, photographs or illustrations, may be reproduced without our permission.