All orders are subject to our terms and conditions (below). These conditions do not affect your statutory rights as a consumer.
"""Buyer"" means the person or company that buys or agrees to buy the Products from the Seller."
"""Conditions"" means the terms and conditions of sale set out in this document and any other terms and conditions agreed in writing by the Seller."
"""Delivery date"" means the date specified by the Seller when the Products will be delivered."
"""Products"" means the goods specified."
"""Price"" means the price for the Products packing, VAT and delivery where applicable."
"""Seller"" means Gemma Wakerley T/A Booker Flowers and Gifts."
"""Consumer"" shall be as described in section 12 Unfair Contract Terms Act 1977."
1. These conditions shall not affect the buyer's statutory rights as a consumer.
2. The Seller shall sell and the Buyer shall purchase the products in accordance with any written or verbal quotation of the Seller which is accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller including orders placed using the Seller's electronic online ordering service, orders placed via the telephone, facsimile, written or other means. Any such orders will be subject in any case to these conditions. These conditions shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer.
3. Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction if required, without any liability on the part of the Seller.
4. If the Seller is for any reason not able to supply the goods ordered by the Buyer then any sum paid by the Buyer will be refunded or re-credited to your account and the Seller will notify you at the address given by you in your order form and or via electronic mail. The refund will be made as soon as is possible and, in any event, within 10 days of the reason becoming apparent and the Seller will not be obliged to offer any compensation for disappointment suffered.
1. Payment is due at the date of the order being placed. If it is not possible to collect payment promptly at this time a delay to the start of manufacture may occur. If the Buyer fails to make payment as required the Seller may suspend delivery of the Products or any further Products ordered until payment is made in full.
1. The quantity and description of the Products shall be as set out in the Seller's order confirmation.
2. The Seller may make any changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller's specification.
3. Photographs are for illustrative purpose only, and may not exactly match the product itself.
4. Please be aware that products may have variants of colour and we therefore cannot guarantee exact colour matches. Colour variation can also occur due to the different properties of computer display equipment being used to view the product.
1. The Seller shall provide the Buyer with any information as is required to claim under the manufacturer's warranties and this may include providing photographic evidence. In the event of a claim, the Buyer shall first contact the Seller's customer service department.
3. The Seller does not provide any warranty cover against defects in his own right.
4. Except where the Buyer acts as a Consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.
5. Insofar as is permitted by law, our only liability to you under these terms and conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any goods which are received by you in a damaged or defective state or to refund to you any sums actually paid by you for the goods in question. We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you for any failure or delay in delivering goods or any damage or defect in goods delivered which is caused by any event or circumstance which is beyond our reasonable control. Nothing in this Clause affects your statutory rights as a consumer.
1. Neither party shall 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 and the party shall be entitled to a reasonable extension of its obligations.
2. Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its registered office or in the case of notices to the Buyer, at the Buyer's address as provided to the Seller.
The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
Representations: No statement, description, warranty condition or recommendation contained in any catalogue, price list or advertisement or communication or made verbally by any of the Agents or Employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of these conditions.
Additional costs: The Buyer agrees to pay for any loss or extra cost incurred by the Seller through the Buyers instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.
This Contract shall be governed by the law of England and Wales and any dispute, question or remedy howsoever arising determined exclusively by the Courts of England and Wales.