Terms & Conditions

These terms and conditions (the "Terms and Conditions") are the terms and conditions upon which Flourish of Sussex makes this website (the "Flourish of Sussex website") available to you and on which we provide our services and other associated products under the Flourish of Sussex brand ("Services").

ATTENTION: This legal notice applies to the entire contents of this website and to any correspondence between us and you. Please read these terms carefully before using this website. Using this website indicates that you accept these terms regardless whether or not you choose to purchase from us.

1. The Seller

1.1 Welcome to the Flourish of Sussex Website. This site is owned and operated by Flourish of Sussex. Greenways, Church Fields, Hurstpierpoint, West Sussex BN6 9TU

1.2 If you want to ask us anything about these terms and conditions or have any comments or complaints on or about our website, please email us at hello@flourishofsussex.com 

2. Order Processing and Payment  

2.1 Payment may be made by any of the methods indicated on the flowers payment page of the Flourish of Sussex and will be debited when you submit your order. When you submit your order by clicking on the ['Proceed To Payment’] button, you are consenting to be bound by our terms and conditions contained in these Terms and Conditions and appearing elsewhere on the Flourish of Sussex Website.

2.2 For your order to be processed and delivered on the required date, you must supply us with all the relevant details requested, including full delivery details, post code and telephone number. Your order will only be processed if full payment details are given.

2.3 Your order will be acknowledged via e-mail confirming your details, if you enter a correct e-mail address. You will be issued an order reference number for any future correspondence. All costs will be charged at the cost of the date on which you place your order.

2.4 We will not consider ourselves bound by a contract with you until we have issued an email acknowledging your order.

3. Flourish of Sussex Delivered Products

3.1 All products are subject to availability, and acceptance of your orders. We reserve the right to change all or some of the contents or packaging with an item of equal or greater value without notice.

4. Prices

4.1 The following delivery charges apply:

4.1 Prices as stated as part of the Services are valid for acceptance for a maximum of 14 days from the date we receive your order.

4.2Prices stated as part of the Services include VAT and delivery within the UK, except as provided otherwise in these Terms and Conditions.

5. Delivery

5.1 We deliver to most postal address in the UK. All deliveries will be only be despatched from Monday to Friday.

5.2 A signature will be required for courier delivery.

5.3 Should the recipient be away at the time of delivery, a card will be left stating attempted delivery was made. The courier may at their own discretion, leave with a neighbour or other safe place, however the recipient may have to collect the package from the local depot or arrange for re-delivery

5.4 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.

5.5 Please note that we only deliver within the United Kingdom. We do not deliver to Europe or the Republic of Ireland or any other areas outside the United Kingdom. There are also no deliveries to the Isle of Man or Channel Islands.

5.6 We will endeavour to deliver on the date that you specified in your order from Monday to Saturday 7am- 7pm

 

6. Force Majeure

6.1 Neither we, nor any courier 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.

7. Cancellation

For the workshop and courses see our Refund & cancelation page

7.1 Only order amendments or cancellations which are given at least 2 working days before the intended delivery date may be accepted. Orders placed or cancelled on Saturdays, Sundays or Bank Holidays will be treated as having been received on the following working day.

To cancel orders, please call 07736033346

7.2 You are entitled to cancel any payment at any time where fraudulent use has been made of your credit or debit card by another person not acting on behalf of you or as your agent and to be re-credited by us to the extent that such sums are not reimbursed by the card issuer in such circumstances.

8. Customer Services

8.1 In order for us to resolve any complaints quickly and to our mutual satisfaction, we advise you to make any complaint within 1 day of the date of delivery or intended delivery of your purchase.

9. Disclaimer

9.1 Whilst we agree to use our reasonable endeavours to ensure that the Flourish of Sussex Website and/or the Services are fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the Flourish of Sussex Website or Services and shall be released from our obligations under these Terms and Conditions in the event of any cause beyond our reasonable control which renders the provision of the Flourish of Sussex Website and/or the Flourish of Sussex Service impossible or impractical.

10.2 We accept liability for death or personal injury arising from our negligence and for all liability arising from any fraudulent representation we may make.

11. Warranties and Disclaimers

11.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy or completeness of the material on this Website. We may make changes to the material on this Website or to any services or prices described in it, at any time without notice. The material on this Website may be out of date, and we do not make any commitment to update this material.

11.2 The content, information and material on this Website is provided "as is" without any conditions, warranties or other terms of any kind.

12. Intellectual Property and Content

12.1 The copyright and other intellectual property rights in all content and material on this Website (including without limitation the name "Flourish of Sussex", photographs, logos, trade marks and graphical images) are owned by Flourish of Sussex, unless otherwise stated or indicated. All rights which are not expressly granted in these Terms and Conditions are reserved.

12.2 You may print and download extracts from this Website solely for your own personal use on the following basis:-

12.2.1 no documents or related graphics on this Website are modified in any way

12.2.2 no graphics on this Website are used separately from the accompanying text

12.2.3 our copyright and trade mark notices and this permission notice appear in all copies.

12.3 Except as stated in Clause 12.2 above, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

12.4 Use of any extracts from this Website except in accordance with the above permissions is prohibited. Without prejudice to the general statements made above, you are not in any event permitted to

12.4.1 publish, distribute or otherwise reproduce in any format any of the content or copies of the content of this Website

12.4.2 use any content from this Website in connection with any business or commercial enterprise including, without limitation, any media business or enterprise.

12.4.3 modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software or any documentation accompanying such software or other content available on or through this Website

12.5 If you breach any of these Terms and Conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

13. Visitor Material and Conduct

13.1 Other than personally identifiable information which is covered under the Privacy Policy (see below) any material you transmit or post to this Website or supply to us in relation to the Website will be considered non-confidential and non-proprietary. We will have no obligations in relation to such material. We (and our designees) will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied in any such material for any and all commercial or non-commercial purposes, and you confirm that you have all necessary rights and licences to enable us to do so.

13.2 You are prohibited from posting or transmitting to or from this Website any material or doing anything in connection with your use of this Website:

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

13.2.2 that is in any way threatening, defamatory, offensive or obscene, indecent, seditious, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, copyright, privacy or any other rights or which may cause annoyance or inconvenience;

13.2.3 for which you have not obtained all necessary licences and/or approvals;

13.2.4 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);

13.2.5 which involves misusing the Website (including without limitation by hacking) or which attempts to affect the performance or functionality of any computer facilities of or accessed through the Website.

13.2.6 which involves sending any unsolicited advertising or other promotional material, commonly referred to as "Spam".

13.3 We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Terms and Conditions.

13.4 You shall fully indemnify Jane Packer Ltd and its suppliers, officers, directors, employees, shareholders and agents for any loss or damage suffered as a result of breach of your obligations in this Clause 14.

14.Links to and from other websites

14.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control, and are not responsible for these websites or their content or availability. We do not therefore endorse or make any representations about these websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website you do so entirely at your own risk.

14.2

If you would like to create a link to this Website, please contact us first at hello@flourishofsussex.com to request permission. Any links to this Website may only be on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:-

14.2.1 you do not remove, distort or otherwise alter the size or appearance of our trading names and logos;

14.2.2 you do not create a frame or any other browser or border environment around this Website;

14.2.3 you do not in any way imply that we are endorsing any products or services other than our own;

14.2.4 you do not misrepresent your relationship with Flourish of Sussex, nor present any other false information about us;

14.2.5 you do not otherwise use any trade marks and trading names displayed on this Website, including Flourish of Sussex, without our express prior written permission;

14.2.6 you do not link from a website that is not owned by you;

14.2.7 your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

14.3 We expressly reserve the right to revoke any right which we grant to link to the Website at any time for breach of any of these Terms and Conditions, and to take any action that we deem appropriate.

15 General

15.1 Flourish of Sussex has taken every care in the preparation of the content of this website, in particular prices and product description. However, owing to variations in computer monitors, and the reproduction process, packaging may vary from that shown, as may the colours of our products and flowers.

15.2 Any typographical, clerical or other error or omission in the Website or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.

15.5 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Flourish of Sussex Website and/or the Flourish of Sussex from time to time. We will post any changes on the Flourish of Sussex Website and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Flourish of Sussex website. Changes will be effective immediately after the posting of such change.

15.6 Additionally, we reserve the right to suspend, restrict or terminate access to the Flourish of Sussex Website for any reason at any time.

15.7 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Jane Packer Delivered Website, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.8 We shall ensure that we comply with the requirement of all current data protection legislation including, without limitation, the Data Protection Act 1998 (as replaced, modified or re-enacted from time to time). We shall only use personal data received from you for the purpose of fulfilling our obligations under these Terms and Conditions and as stated in our Privacy Policy.

15.9 A person who is not a party to the agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists apart from that Act.

15.10 Save in respect of fraudulent misrepresentation, this agreement (including any documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets forth the entire agreement and understanding between you and us relating to the subject matter hereof.

15.11 Your purchase will be deemed to have occurred in the UK. These Terms and Conditions shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English courts.

THESE TERMS AND CONDITIONS DO NOT IN ANY WAY AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.