Terms & Conditions

These Terms are issued by Louise Jane Floral Couture, Preston, Lancashire, PR2 7DF.

1 INTRODUCTION

1.1 These terms and conditions (Terms) are issued by Louise Jane Floral Couture (the Company). Louise Jane Floral Couture is a Soletrader. They apply to the entire contents of the websites under the domain name www.louisejanefloralcouture.co.uk (the Website) whether you act as a private individual and consumer ("Consumer") or as a business ("Business") (referred to as "You" other than where specifically indicated) and the Company.

1.2 By accessing any part of the Website, You shall be deemed to have accepted these Terms in full. If You do not accept these Terms in full, You must leave the Website immediately.

1.3 The Company may revise these Terms at any time by updating this posting. You should check the Website from time to time to review the then current Terms, because they are binding on You.

1.4 You warrant that You possess the legal authority to enter into any agreement and to use this Website in accordance with its Terms.

1.5 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.

1.6 The Company reserves the right to modify or withdraw, temporarily or permanently the Website (or any part of it) with or without notice and shall not be liable to You or any third party for any modification or withdrawal of the Website.

2 USE AND CUSTOMER ACCOUNT

2.1 You warrant that any information that You provide when You register as a customer is accurate and complete in all respects and You will notify the Company of any changes to that information.

2.2 You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer to prevent unauthorised access following registration.

2.3 You agree not to impersonate any other person or business, organisation or body corporate or to use a false name that You are not authorised to use.

2.4 We may disable any account where we think you have failed to comply with the Terms or we think unauthorised use has been made of the Website.

2.5 As a condition of Your use of this Website, You warrant to the Company that You will not use this Website for any purpose that is unlawful or prohibited by these Terms.

3 USE OF MATERIAL APPEARING ON THE WEBSITE AND INTELLECTUAL PROPERTY POLICY

3.1 The Website, its design, layout, look, appearance and graphics and any necessary software used in connection with the Website is the exclusive property of the Company.

3.2 You agree not to modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, software, products, or services obtained from the Website.

3.3 If You breach any of these Terms Your permission to use the Website and any extracts of material from it terminates and You must immediately destroy any downloaded or printed extracts from the Website.

4 WEBSITE CONDUCT

4.1 Other than personally identifiable information which is covered by our privacy policy, any material You transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material, and it shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any purpose.

4.2 You are prohibited from posting or transmitting to the Website any material:

4.2.1 that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial and/or religious hatred, discriminatory, blasphemous, in breach of confidence, in breach of privacy or which otherwise may cause annoyance or inconvenience; or

4.2.2 for which You have not obtained all necessary licences and/or approvals; or

4.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party, in the UK or abroad; or

4.2.4 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).

4.3 You may not misuse the Website (including, without limitation, by hacking).

4.4 The Company will fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity and/or location of anyone posting any material in breach of Clauses 4.2 or 4.3 above.

5 LINKS TO THIRD PARTY WEBSITES

5.1 This Website does not contain hyperlinks to websites operated by parties other than the Company. The Company does not control such websites and is not responsible for their contents, availability or Your use of them. ]

5.2 If You decide to access any of the third party websites linked to the Website, You do so entirely at Your own risk.

6 INFORMATION MANAGEMENT AND SECURITY

6.1 The Company will use any personal data collected during Your use of the Website in accordance with our privacy policy.

6.2 When the Company asks You to submit financial information, such as Your credit or debit card number the Company uses industry standard technology for secure commercial transactions. This encrypts data, including Your credit or debit card number. The Company will not be liable for any unauthorised transactions made using Your personal or financial details, unless we are negligent. Most banks or credit card providers either cover all charges resulting from such unauthorised use or limit Your liability to a maximum amount. Refer to Your credit or debit card agreement to check Your coverage liability.

6.3 Your dealings with any third parties via the Website and any terms or conditions agreed with, or representations given by, them, are solely between You and such third parties. The third party will be responsible for protection and security of Your personal data or financial details which they collect. You agree that the Company is not liable for such dealings.

7 DISCLAIMER OF LIABILITY

7.1 By entering the Website You agree that under no circumstance will the Company or its agents, officers or employees be held liable or responsible for: any content contained on or omitted from the Website; any person’s reliance on any such content, whether or not the content is complete, current or correct; any viruses or defects that may be found to exist on the Website.

7.2 All information found on the Website is intended for guidance only. The Company will not be liable or responsible for any damage or loss caused as a result of Your doing, or not doing, anything as a result of reading, viewing or listening to any material, or any part of it, on the Website.

7.3 The Company is not liable or responsible for any inaccuracies, errors (including typographical errors) or omissions, or for the results obtained from the use of the Website or its content. All content and any of the services included in, advertised on, or available through the Website are provided “as is” and “as available”, with absolutely no guarantee of completeness, accuracy (either when posted or with the passage of time), timeliness or of the results obtained there from, and excluding, to the maximum extent permitted by law, 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 might have effect in relation to the Website.

7.4 Although the Company takes all reasonable steps to ensure that the Website is safe for users it is possible that material on the Website may be susceptible to data corruption, interception and unauthorised amendment for which the Company does not accept liability or responsibility. The Company does not accept liability or responsibility for the presence of any computer viruses contained in any material on the Website, whether it is read, viewed, listened to, copied, downloaded, printed or accessed in any other way. The Company does not accept liability or responsibility for any losses caused as a result of any computer viruses contained in any material on the Website.

7.5 Advertisements (including banner adverts and pop-ups) featured on the Website do not imply endorsement of the services or products advertised. The Company will not be liable or responsible for services or products advertised nor will the Company be liable or responsible for any damage to Your computer equipment, software, data or other property as the result of Your viewing, or responding to, advertisements (including banner adverts and pop-ups) featured on the Website.

7.6 The Company does not guarantee that the Website will be compatible with all hardware and software that may be used by You. The Company will not be held liable or responsible for any damage to Your computer equipment, software, data or other property as the result of Your access to, use of, or browsing of any material on the Website.

7.7 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, You shall be responsible for all costs thereof.

7.8 You enter the Website entirely at Your own risk and if You are dissatisfied with any portion of the Website, or with any of these Terms of use, Your sole and exclusive remedy is to discontinue using the Website.

8 LIABILITY

8.1 Our liability to you for death or personal injury caused by our negligence is not limited.

8.2 We will not be responsible for any other loss you suffer through our failure to comply with the terms of this contract. In particular we will not have any liability for any loss that was not a reasonably foreseeable consequence of our failure to comply with the contract such as any loss of profit, opportunity or liability to any third party or in connection with the use, inability to use or the results of use of this Website, breaches of security, interruptions or delays, or errors, 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.

9 JURISDICTION

9.1 These Terms shall be governed by and construed in accordance with English law, and disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.

1 ORDERING PRODUCTS

1.1 In these terms and conditions:

1.1.1 "Account" means the account established between us and a Business;
1.1.2 "Business" means any company, partnership, charity, organisation or business accepted by us as such;
1.1.3 "Consumer" means a natural person acting outside business purposes;
1.1.4 "Products" means any products purchased by you through our Website;
1.1.5 “us/our or we” means Louisejanefloralcouture and any of its authorised agents;
1.1.6 "Website" means www.louisejanefloralcouture.co.uk
1.1.7 “you/your” means the Consumer or Business who orders the Product(s).

1.2 All orders placed by you are subject to these terms and conditions (Terms). By clicking on the 'check out' button on the Order Form, you are consenting to be bound by these Terms.

1.3 If you are a Consumer you must be over 16 to place an order via our Website.

1.4 Whether you are a Business or a Consumer, you must have the legal authority to order any Products via this Website.

1.5 If you order Products from our Website we will send you an email confirming receipt of your order, your order number, invoice address, delivery address, description of Products ordered, the price (including VAT) and quantity of the products ordered, the expected delivery date of the products and confirmation of any message to be delivered with the products ordered.

1.6 Your order is an offer from you to us to purchase the Products. Our acknowledgement of your order is not acceptance of your order.

1.7 Save where you hold an Account, we shall insist on receiving payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings in to existence a legally binding contract between us.

1.8 If you hold an Account we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings in to existence a legally binding contract between us.

1.9 If you order multiple Products and we have not confirmed dispatch of all the Products in your order status then those Products not listed do not form part of our contract with you.

1.10 You can only deliver multiple Products ordered over the Website to one address. If you need to deliver to more than one address please email us at louisejanefloral@gmail.com

1.11 Illustrations, photographs, dimensions and descriptions of Products on our Website are intended as a general guide to the Products only and do not form part of our contract with you. Products may vary slightly in appearance from those depicted on the Website.

2 REGISTRATION AND WEBSITE USE

2.1 If you hold an Account, a username and password to use on the Website (the "Web Account") will be emailed to you at the email address you provided to us on your Account application form. Once you have inserted the required details, including your Business name and contact details on the Web Account, these will be stored for later use by us and you. Our Privacy Policy shall apply.

2.2 If you do not hold an Account you shall be allocated a username and must choose a password for use on the Website. On ordering a Product you shall be asked to insert certain details such as your name, address and payment information. Our Privacy Policy shall apply.

3 PRODUCTS

3.1 All Products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute a Product of equivalent value and quality without notice.

3.2 In the event that we are unable to supply the Products or any substitute product to you at all, we shall notify you as soon as is reasonably possible and shall reimburse your payment in full and in any event no later than 30 days after the intended delivery date.

3.3 We may deliver certain flower Products in bud to ensure longer life. Any other special Product information, for example, shelf life, shall be shown on our Website.

3.4 Some Products, flowers and plants may be harmful or poisonous, if you require further information before submitting an order please email us.

4 PRICES

4.1 The price payable for the Products that you order is shown on our Website.

4.2 If the price of a Product is incorrectly shown and is higher than stated on our Website we will either send you an email informing you of the new price and asking you if you want to proceed with your order or we will cancel the order and inform you.

4.3 If the price of a Product is lower than stated on our Website we will send you the Product and charge you the lower price.

5 PAYMENT

5.1 We accept payment by credit and debit card. If for any reason payment is refused after we have dispatched the Products we will have the right to request the payment from you or recover the Products from you and charge you for our costs in recovering the Products or seeking further payment.

6 DELIVERY

6.1 We only deliver flowers to PR1, PR2, PR3, PR4 postcodes ONLY.

6.2 On acceptance by us of your order form we will advise you by e-mail confirmation of the intended delivery date. We will process Order Forms received on Sundays or Public Holidays the next working day. We do not deliver on Sundays or public holidays but in this case we will deliver the Product you request on the next working day

6.3 Please note that if you require the COMPANY to deliver your item to a funeral director you must give 2 days notice.

6.4 Neither we, nor any courier or postal service that we use shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control including but not limited to any fire, flood, explosion, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, government act, act of war, terrorism, act of God, or from any industrial dispute or strike whatsoever.

6.5 Please ensure that you enter full and accurate details, including the address and the postal code, of the recipient. We will not be responsible for any orders which are not delivered due to incorrect or incomplete information being supplied by you.

6.7 During peak periods delivery dates may be moved forwards to ensure delivery is made before or on the intended day of delivery. We will attempt to notify you of these changes but shall not be held liable.

6.8 In case of delivery to certain locations where a third party is involved, such as offices, hospitals, airports, hotels, ships and other business locations, the signature of any person authorised to accept delivery on behalf of the organisation shall be accepted as proof of delivery to your chosen recipient.

6.9 Please note that we are only responsible for delivering against signature to the address you quote (or an imminent neighbour if no one is at home) we regret that where goods have been correctly delivered we cannot accept responsibility if the intended recipient has moved, or lives elsewhere, and the actual received refuses or fails to return item(s).

6.9.1 All our orders are delivered ONCE

7 IF YOU CHANGE YOUR MIND - CONSUMERS

7.1 By law you have the right to cancel your order, due to the nature of product, if you wish to cancel you must give 24 hours notice for a bouquet, 48 hours for funeral flowers and 28 days notice for Wedding flowers.

8 IF PRODUCTS ARE DAMAGED OR FAULTY

8.1 Because of the perishable nature of many Products you are advised to make any complaint immediately on delivery of the item/s..

8.2 We will inspect all Products returned to us as faulty or damaged. If we discover that they are not faulty or damaged we may recharge you for the Products and the costs incurred by us.

9 IF WE HAVE SENT YOU THE WRONG PRODUCTS

9.1 If we send you a Product that you have not ordered please could you return it to us we will refund the price, the original delivery costs and the cost of returning it to us.

10 COMPLAINTS

We endeavour to provide the best service and product, if however you feel the need to make a complaint, please contact us at louisejanefloral@gmail.com.

11 CANCELLATION BY US

11.1 We reserve the right to cancel the order between us if:

11.1.1 we have insufficient stock to deliver the Products you have ordered; or

11.1.2 the price or description of the Products was listed incorrectly due to a typographical error or an error in the pricing information received by us from our suppliers.

11.2 If we do cancel your contract we will notify you by email and refund any sum paid by you to your credit or debit card. We will not be obliged to offer any compensation for loss or disappointment suffered by you.

12 OUR LIABILITY

12.1 We will not be liable for any loss you suffer through failure to use the Products in a normal and proper manner or through altering or modifying the Products, failure to follow any guidelines or using the Products in a careless or negligent manner.

12.2 any failure to deliver Products or delay due to any event or circumstance beyond our reasonable control.

13 EVENTS BEYOND OUR CONTROL

13.1 We shall have no liability to you for any failure to deliver Products you have ordered or any delay in doing so or for any damage or defect to Products delivered if caused by any event or circumstances beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown or systems or network access, flood, fire, explosion or accident.

14 PRIVACY

14.1 You acknowledge and agree to be bound by the terms of our privacy policy and Website terms and conditions of use.

15 THIRD PARTY RIGHTS

15.1 A person who is not a party to this agreement has no right under Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

16 ENTIRE AGREEMENT

16.1 These Terms together with our current Website prices, delivery details, contact details, Website terms of use and privacy policy, set out the whole of our agreement relating to the supply of the Products to you by us. If you require any change please make sure that you ask for these to be put in writing. In that way we can avoid any problems surrounding what us and you are expected to do.