Wild and Whimsical Flowers Ltd – Terms and Conditions

These Terms and Conditions apply to the sale of all Flowers and Floral Arrangements by us, Wild and Whimsical Flowers Ltd, a company registered in England & Wales under number 11908890, whose registered address is at 42 High Street, Honiton, Devon, EX14 1PJ (“we/us/our”).

1.       Definitions and Interpretation

1.1     In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Contract” means the contract for the purchase and sale of the Flowers, as explained in clause 2, which will be subject to these Terms and Conditions;

“Customer/you/your” means the individual or business placing an Order with us;

“Flowers/Floral Arrangements” means the flowers, floral arrangements, plants, pots, candles, cards or any other items which are specified in your Order (and confirmed in our Order Confirmation);

“Order” means your order for the Flowers, Floral Arrangement or any other items; and

“Order Confirmation” means our acceptance and confirmation of your Order as described in clause 2.

1.2     Each reference in these Terms and Conditions to “writing” and “written” includes electronic communications such as email.

2.       The Contract

2.1     These Terms and Conditions govern the sale of all Flowers, Floral Arrangements and other items by us and will form the basis of the Contract between you and us.  If you wish to place an Order with us, please call us.   By placing an Order with us, you warrant that you are legally capable of entering into binding contracts.

2.2     None of our marketing literature or website constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that we may, at our sole discretion, accept.  A legally binding Contract, subject to these Terms and Conditions, will be formed between you and us once we accept and agree to proceed with your Order.  We will confirm our acceptance by sending you an Order Confirmation by email. 

2.3     Our Order Confirmation will set out the items you have ordered with fully itemised pricing including, where appropriate, taxes and other charges and our identity and contact details.

2.4     Once your Order has been accepted as detailed in clause 2.2, we cannot accept any changes to it.  However, if we do agree to make any changes requested by you and to do so will incur additional costs, this will be chargeable. 

3.       Descriptions and Changes

3.1     We make all reasonable efforts to ensure that all descriptions and images of Floral Arrangements available from us correspond to the actual Floral Arrangements that you will receive.  Please note, however, the following:

3.1.1      Images 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, lighting conditions, and the fact that flowers will naturally vary in appearance;

3.1.2      Images and/or descriptions of packaging are for illustrative purposes only, and the actual packaging of Floral Arrangements may vary.

3.2     Please note that clause 3.1 does not exclude our responsibility for mistakes due to negligence on our part and refers only to minor variations. 

3.3     We may need to make minor changes to certain Floral Arrangements, from time to time, between your Order being placed and us processing that Order, for example, to reflect availability.  Any such changes will not change any main characteristics of the Floral Arrangements and will not normally affect your use or enjoyment of them.  However, if any change is made that would affect your use or enjoyment of the Floral Arrangement, suitable information will be provided to you in advance.

4.       Pricing and Payment

4.1     All prices shown on our website and in our marketing literature will be confirmed when you contact us to place your Order.  In the unlikely event that we have shown incorrect pricing information, we will notify you and obtain your consent before proceeding with the Order. 

4.2     We reserve the right to change our prices and to add, alter, or remove special offers from time to time and as necessary.  However, this will not affect Orders that we have already accepted. 

4.3     All prices include VAT, where applicable. 

4.4     Payment must always be made at the time of Order.  We will process card payments using a secure third-party payment processor.  We will not start producing the Order until we have received payment in full.

5.       Collection and Delivery

5.1     If you are collecting your Order, will notify you when it is ready and we will arrange a suitable date and time with you for the collection.

5.2     If you fail to collect the Order within 48 hours of our notification that it is ready, we will contact you to ask you how you wish to proceed.  If we cannot contact you, we will treat the Order as cancelled but no refund will be offered.  

5.3     If you wish for us to arrange delivery, please notify us before placing your Order and we will advise of the delivery costs to your chosen address. 

5.4     If no-one is available at your delivery address to accept the Order, we will contact you to explain how to rearrange delivery.  The redelivery will be chargeable. 

5.5     The responsibility for the items in the Order will pass to you once it has left our premises.  

6.       Event Flowers

6.1     Where we have been asked to provide Flowers/Floral Arrangements for an event, we will agree the price with you and confirm this and any other specifics via email. 

6.2     Our standard payment terms for weddings and other events booked in advance are as follows:

6.2.1      25% booking fee to secure the date.  This payment is non-refundable;

6.2.2      75% payable no later than one month prior to the event.

6.3     If the event is due to take place within one month of placing the Order, it is payable in full at the time of Order.

6.4     If you wish to cancel the Contract, we will retain the booking fee and if you cancel after having paid the balance, no refund will be offered.

6.5     If you do not make any payment to us on time, then we reserve the right to cancel the Contract and we will charge for any costs we may have incurred as a result.

7.       Subscription Service

7.1     Where we are providing a subscription service, we will agree the price, frequency and any other specifics via email.

7.2     You will need to pay in full, up front, unless we agree otherwise in writing.

7.3     If you, or any recipient of the service, fail to take advantage of the service offered, in full or in part, at the frequency agreed, then it will be lost and cannot be rolled over.  No refunds will be offered for the unused service offered, where this is through no fault of our own.

8.       Cancellation

8.1     Please note that, due to the perishable nature of the Flowers that we sell, you will not have a right to cancel under the 14 day “cooling-off” period given to EU consumers under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.  You may cancel after receiving your Flowers if there is a problem with them, and please contact us immediately in this instance so we can investigate, but you cannot cancel merely because you have changed your mind. 

8.2     We may cancel your Order at any time.  If we cancel your Order and you have already paid for it under clause 4, the payment will be refunded to you within 5 days.  If we cancel your Order, we will confirm this in writing.

9.       Our Liability

9.1     We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence or breach of contract.  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.

9.2     Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.

9.3     Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees or sub-contractors); or for fraud or fraudulent misrepresentation.

9.4     Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a consumer (as defined in the Consumer Rights Act 2015) where applicable.  More information can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.

9.5     If you wish to complain about any aspect of your dealings with us, please contact us in writing in the first instance, so we can investigate.

10.    Events Outside of Our Control (Force Majeure):  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, industrial action, civil unrest, fire, flood, earthquake, subsidence, acts of terrorism or war, epidemic, pandemic, governmental action, natural disaster, or any other event that is beyond our control.

11.    How We Use Your Personal Information:  All personal information that we may collect will be collected, used and held in accordance with the provisions of the General Data Protection Regulation 2016, the Data Protection Act 2018 and any amendments to them. For further information, please refer to our privacy policy on our website.

12.    Other Important Terms

12.1   We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business).  If this occurs, we will inform you in writing.  Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

12.2   You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.

12.3   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 and Conditions. 

12.4   If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions will be valid and enforceable.

12.5   No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.

13.    Governing Law and Jurisdiction:  These Terms and Conditions and the Contract between you and us will be governed by, and construed in accordance with, the laws of England and Wales and any dispute will fall within the jurisdiction of the courts of England and Wales.