Terms of Service
1. Introduction
1.1:
We may revise these terms and conditions at any time. You (being our
customer, "you" or "your") should check this website when ordering to
review the then current terms and conditions, because they are binding
on you.
1.2: Certain provisions of these terms and
conditions may be superseded by expressly designated legal notices or
terms located on particular pages of this website. If you do not wish to
accept any new terms and conditions after we have given notice, you
should not continue to use this website.
2. Ordering and Delivery
2.1: You can order in the following ways:
Online via the website www.poppypods.co.uk
2.2: When ordering online you are deemed to place an
order with us by ordering via our online checkout process. As part of
our checkout process you will be given the opportunity to check your
order and to correct any errors. This is your offer to buy the products.
We will send you an email order acknowledgement, detailing the
product(s) you have ordered, which is our acceptance of your offer.
2.3: When ordering over the phone / Email you are
deemed to place an offer to order with us by our phone order process and
do so on the basis of these terms and conditions. We will send you an
email acknowledging payment, which is our acceptance of your offer.
2.4: Our acceptance of an order takes place
immediately, we will send you a confirmation by email. When we despatch
the order the purchase contract will be made even if your payment has
been processed immediately, unless we have notified you that we do not
accept your order or you have cancelled your order.
2.5: We may refuse to accept an order:
where goods are not available;
where we cannot obtain authorisation for your payment;
if there has been a pricing or product description error; or
if you do not meet any eligibility criteria set out in our terms and conditions.
2.6: Any dates quoted for delivery are approximate
only, and the time of delivery is not of the essence. We shall not be
liable for any delay in delivery of the products that is caused by an
event outside of our control or your failure to provide us with adequate
delivery instructions or any other instructions that are relevant to
the delivery of the products.
2.7: If you have not received the products you must
notify us no later than 14 days after the last date on which the
products were due to arrive at the delivery address provided. If you
have not done so, we shall not be liable for any replacement or refund
relating to those products.
2.8: International Delivery:
It will be the importer (i.e. customer) who will be
responsible for any duties, taxes, fees, etc; the price for the goods
does not include these.
Your goods are subject to inspection at port of
arrival and, in such cases, the cost of an inspection is payable by the
importer, i.e. you the customer.
3. Pricing
3.1: All prices are exclusive of VAT but we shall show VAT separately and include it in the total price.
3.2: We do not provide free carriage
3.3: Where we charge separately for packing,
carriage and insurance and other relevant charges, the appropriate rates
are set out in our specified pricing structure shown elsewhere on this
website.
3.4: Please note our currency converter is only a
guide and may not accurately reflect current exchange rates You are
responsible for the disclosure and payment of any import duties or other
taxes, which may apply when the products are delivered. Unfortunately
we cannot advise you what these costs may be - please consult your local
customs office for more information.
3.5: We always try to make sure that the prices on
thedriedflowers.florist are correct but errors may occur. If we discover
an error in pricing of the products in your order we will inform you as
soon as possible using the contact details you supply us with. We will
then give you the option of reconfirming the order at the correct price
or cancelling it. If the order is cancelled we will refund you in full.
3.6: In the event that you are purchasing from
outside of the UK, please be aware that we will not remove the VAT
element of the price, and any recovery of such sum should be made
directly to HMRC or such other tax authority as appropriate.
4. Cancellation And Returns Policy
4.1: If you wish to cancel your order:
Before
we have dispatched the goods to you, by email to poppypods@email.com
4.2: Due to nature of the products return will not be accepted
4.3: Stock Shortages/delayed orders. All delayed
orders are subject to stock availability. If stock is unavailable and
your order cannot be fulfilled, we will notify you with the option to
claim a refund or a substitution to the same value or to wait for the
item to become available.
4.4: Product Imagery. Product imagery is offered as
good representation of the product. However we cannot be responsible for
the colour accurateness of products viewed online or on printed media.
While we endeavour to make sure all imagery is up to date, images may
differ slightly from products due to the natural nature of certain
products.
4.5: Processing fee. Processing fees will no longer be refunded when issue full or partial refunds
5. Promotional codes terms and conditions
5.1:
By using a promotional code you will be deemed to have read and
understood these terms and conditions and agree to be bound by them.
5.2: The terms and conditions on our website shall
apply to promotional codes. If and to the extent there is a conflict or
inconsistency between the terms and conditions of our website and these
promotional code terms and conditions, the promotional code terms and
conditions shall prevail to the extent of the conflict or inconsistency.
The defined terms used in the Site terms and conditions shall also
apply to these promotional code terms and conditions.
5.3: About Craft Ltd promotional codes can only be
used on www.poppypods.co.uk and towards the purchase of items
currently featured on our website excluding delivery charges.
5.4: The discount associated with a promotional code
is applied to your entire basket, excluding any delivery charges.
Promotional codes can be either a combination of letters and numbers
e.g.DIS99 and should be entered in the shopping basket page during the
checkout process for the discount to apply.
5.5: Each promotional code will have a limited time
period in which to be used and/or a maximum number of orders per code
and a minimum spend. The code will be invalid once these limits have
been reached, and no discount, refund or other liability will be met by
us after such time.
5.6: In the event of circumstances arising which
make it necessary to do so ppstore.co.uk may update these terms from
time to time and reserves the right to add additional terms and
conditions for specific promotional codes as and where necessary. You
should review the promotional code terms and conditions periodically for
changes. For the avoidance of doubt, we reserve the right to withdraw
any and all promotional offers at our discretion at any time.
5.7: Promotional codes have no cash value, cannot be
transferred and cannot be forwarded or reassigned. Once an order has
been place and accepted by us a promotional code cannot be applied to
the order. No refund will be payable if a promotional code has not been
entered prior to completing checkout of an order.
.8: Any refund you may be entitled to receive will
not include the redemption value of the promotional code. You will
receive no more than the amount you paid towards the final basket price.
6. Usage Advise:
6.1: We do not give any advice how to use products sold on this site.
6.2: All our products are ornamental purposes only.
We make no warranty concerning the fitness or merchantability of any of
our products for non ornamental use. Ordering from this website
constitutes agreement with and acceptance of these terms and conditions
and release dried flowers it's owners/ affiliates from any and all
liability. We reserve the right to change our policies without notice
and to refuse service to anyone.
7. Licence
7.1: You are permitted to print and download extracts from this website for your own use on the following basis:
no documents or related graphics on this website are modified in any way;
no graphics on this website are used separately from accompanying text;
any of our copyright and trade mark notices and this permission notice appear in all copies; and
no commercial benefit or gain is anticipate to be achieved either directly or indirectly by the use of such extracts.
7.2:
Unless otherwise stated, the copyright and other intellectual property
rights in all material on this website (including without limitation
photographs and graphical images) are owned by us or our licensors. For
the purposes of these terms and conditions, any use of extracts from
this website other than in accordance with the clause above for any
purpose is prohibited. If you breach any of the terms in these terms and
conditions, your permission to use this website automatically
terminates and you must immediately delete or destroy any downloaded or
printed extracts from this website.
7.3: 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.
7.4: Any rights not expressly granted in these terms are reserved.
7.5: Trade customers of ours (that is, any customer
who purchases our goods with the intention of selling them to another
third party, whether in the form provided or in connection or
combination with any other product, and where such intention has been
made clear to us) may, with our written permission, use product images
from our website on your website, but may not use text, names of
products or lifestyle images and imagery may not be used in activities
or material produced by third parties (e.g. magazines).
8. Service Access
8.1:
While we endeavour to ensure that this website is normally available 24
hours a day, we will not be liable if for any reason this website is
unavailable at any time or for any period.
8.2: Access to this website may be suspended
temporarily and without notice in the case of system failure,
maintenance or repair or for reasons beyond our control.
9. Visitor Material And Conduct
9.1:
Other than personally identifiable information, which is covered under
the Privacy Policy (opens new window), any material you transmit or post
to this website will be considered non-confidential and
non-proprietary. We will have no obligations with respect to such
material. We and our nominees will 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 and all
commercial or non-commercial purposes.
9.2: You are prohibited from posting or transmitting to or from this website any material:
that is threatening, defamatory, obscene, indecent,
seditious, offensive, pornographic, abusive, liable to incite racial
hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous,
in breach of confidence, in breach of privacy or which may cause
annoyance or inconvenience;
for which you have not obtained all necessary licences and/or approvals;
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; or
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).
9.3: You may not misuse the website (including, without limitation, by hacking).
9.4: We will fully co-operate 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
clauses 9.2 or 9.3.
10. Links To And From Other Websites
10.1:
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 therefore do not endorse or make any representations
about them, 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.
10.2: If you would like to link to this website, you
may only do so on the basis that you link to, but do not replicate, the
home page of this website, and subject to the following conditions:
you do not remove, distort or otherwise alter the size or appearance of the thedriedflowers.florist logo;
you do not create a frame or any other browser or border environment around this website;
you do not in any way imply that we are endorsing any products or services other than our own;
you do not misrepresent your relationship with us nor present any other false information about us;
you
do not otherwise use any www.ppstore.co.uk trade marks
displayed on this website without our express written permission;
you do not link from a website that is not owned by you; and
your
website does not contain content that is distasteful, offensive or
controversial, infringes any intellectual property rights or other
rights of any other person or otherwise does not comply with all
applicable laws and regulations.
10.3: We expressly reserve the right to revoke the
right granted in this clause 10.2 for breach of these terms and to take
any action we deem appropriate.
11. Disclaimer
11.1:
While we endeavour to ensure that the information on this website is
correct, we do not warrant the accuracy and completeness of the material
on this website. We may make changes to the material on this website,
or to the products and prices described in it, at any time without
notice. The material on this website may be out of date, and we make no
commitment to update such material.
11.2: The material on this website is provided "as
is" without any conditions, warranties or other terms of any kind.
Accordingly, to the maximum extent permitted by law, we provide you with
this website on the basis that we exclude 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 and conditions might have effect in relation to this website.
12. Liability
We, including the persons set out in clause
12.1, exclude all liability
and responsibility for any amount or kind of loss or damage that may
result to you or a third party (including those types of damage set out
in clause 11) in connection with this website in any way or in
connection with the use, inability to use or the results of use of this
website, 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.
12.2 above
include any other party (whether or not involved in creating, producing,
maintaining or delivering this website), and any of our group companies
and the officers, directors, employees, shareholders or agents of any
of them.
12.3: The types of damage referred to in clause 12.1
above includes without limitation, any direct, indirect, punitive or
consequential loss or damages, or any loss of income, profits, goodwill,
data, contracts, use of money, or loss or damages arising from or
connected in any way to business interruption, and whether in tort
(including without limitation negligence), contract or otherwise.
12.4: Nothing in these terms and conditions shall
exclude or limit our liability for (i) death or personal injury caused
by negligence (as such term is defined by the Unfair Contract Terms Act
1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter;
or (iv) any liability which cannot be excluded or limited under
applicable law.
12.5: If your use of material on this website
results in the need for servicing, repair or correction of equipment,
software or data, you assume all costs thereof.
12.6: You agree to indemnify us fully, defend and
hold us, and our officers, directors, employees and agents, harmless
from and against all claims, liability, damages, losses, costs
(including reasonable legal fees) arising out of any breach of the terms
and conditions, or the use of this website by you.
13. Governing Law And Jurisdiction
13.1:
These terms and conditions shall be governed by and construed in
accordance with English law. Disputes arising in connection with these
terms and conditions shall be subject to the exclusive jurisdiction of
the English courts.
13.2: We do not warrant that materials/items for
sale on the website are appropriate or available for use outside the
United Kingdom. It is prohibited to access the website from territories
where its contents are illegal or unlawful. If you access this website
from locations outside the United Kingdom, you do so at your own risk
and you are responsible for compliance with local laws.
14. Miscellaneous
14.1: You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
14.2: If any provision of these terms and conditions
is found by any court of competent jurisdiction to be invalid, the
invalidity of that provision will not affect the validity of the
remaining provisions which shall continue to have full force and effect.
14.3: Only the parties to these terms and conditions
may seek to enforce them under the Contracts (Rights of Third Parties)
Act 1999
15. Information That We Collect From You
15.1:
When you visit, register or order products or services on
www.poppypods.co.uk you may be asked to provide certain
information about yourself including your name, contact details and
credit or debit card information.
15.2: Our website uses cookies to distinguish you
from other users of, and aid your usage of, our website. This helps us
to provide you with a good experience when you browse our website and
also allows us to improve our site. A cookie is a small file of letters
and numbers that we store on your browser or the hard drive of your
computer if you agree. Cookies contain information that is transferred
to your computer's hard drive. You block cookies by activating the
setting on your browser that allows you to refuse the setting of all or
some cookies. However, if you use your browser settings to block all
cookies (including essential cookies) you may not be able to access all
or parts of our site.
15.3: We may also collect information about you from messages you post to the website and emails or letters you send to us.
15.4: To maintain customer service standards and to assist staff training, we may record and monitor incoming calls.
16. Use Of Your Information
16.1:
Your information will enable us to supply the goods or services you
have requested. It will also enable us to bill you and to contact you
where necessary concerning your orders. We will also use and analyse the
information we collect so that we can administer, support, improve and
develop our business.
16.2: In particular, we may use your information to
contact you for your views on our services and to notify you
occasionally about important changes or developments to the website or
our services. Further, where you have consented, we might also use your
information to let you know by email about other products and services
which we offer which may be of interest to you. If you change your mind
about being contacted in the future, please let us know.
17. Disclosure Of Your Information
17.1:
We respect your privacy! Any and all information collected at this site
will be kept strictly confidential and will not be sold, reused,
rented, loaned, or otherwise disclosed, except to the extent that you
have agreed to allow such use (e.g. where photos or information supplied
to us as part of a promotion or competition where our use of such
materials is a condition of obtaining the benefit of such promotion or
entry to such competition). Any information you give to
shropshirepetals.co.uk will be held with the utmost care, and will not
be used in ways that you have not consented to, unless we are ordered to
by a court of law.
17.2: The information you provide to us may be
accessed by or given to third parties some of whom may be located
outside the European Economic Area who act for us for the purposes set
out in this policy or for other purposes approved by you. Those parties
process information, fulfil and deliver orders, process credit card
payments and provide support services on our behalf.
17.3: Finally, if our business enters into a joint
venture with or is sold to or merged with another business entity, your
information may be disclosed to our new business partners or owners.
18. Security Policy
18.1:
Security is one of our top priorities and we make all reasonable
endeavours to keep all details you supply us confidential.
18.2: Please also be aware that we do not send your
card details out with your goods either - avoiding any possible security
issues in transit.
18.3: When you place an order by our secure server, your credit card details are protected from interception.
18.4: Our servers offer 128-bit SSL3 encryption of
data transmissions, so your security is assured whenever you place an
order. Depending on your browser, you will see a different confirmation
that your connection is secure (on our checkout page). Generally it will
be a small padlock at the bottom of your browser. Your credit/debit
card number will not be held in clear text on any website.
19. Credit Cards
19.1: We accept the following credit/debit cards: Visa, MasterCard, American Express
