Terms and Conditions
Terms and Conditions
These terms and conditions apply to the use of the Common Farm Flowers website and, by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you should not access this Website. If you have any questions relating to these terms and conditions please call us on 01963 32883 between 9am and 5pm Monday to Friday, before placing an order.
HAZARDOUS PLANT MATERIAL WARNING
Please note that some flowers and plants may be harmful or poisonous.
In particular, your arrangement may contain foxgloves or lily of the valley, - which are poisonous and toxic if eaten, and lilies which can be extremely toxic to cats.
Please do not eat and avoid contact with children and animals. Please handle flowers with gloves and wash your hands before eating or drinking.
- "Conditions" means these terms and conditions;
- "Product" means an item displayed for sale on the Website;
- "Product Description" means that part of the Website where certain terms and conditions in respect of a Product are provided;
- "Users" means the users of the Website collectively;
- "Personal Information" means the details provided by you;
- "We/us" means Common Farm Flowers;
- "Website" means the website located at www.commonfarmflowers.com;
- "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and
- "You" means a user of this Website.
Use of the website
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed in accordance with these Conditions. You warrant that the Personal Information which you provide as a customer is true, accurate, current and complete in all respects. You will notify us of any changes to the Personal Information by e-mail or calling us on 01963 32883 between 9am and 4pm Monday to Friday.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
We reserve the right to: modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
As with all shopping websites, we collect personal information from you when you shop online at www.commonfarmflowers.com
We use this information to make your shopping experience as easy and enjoyable as possible. We need it to process your order, inform you of any delays or problems and to send you special offers and promotions.
The information we collect is:
- Your name, so we know what to call you
- Email address, so we can email you order confirmations, delivery delays, offers etc
- Delivery address
- Telephone number, we’ll only call if we have a delivery problem
- Payment Card details, we only ask for these when you place an order – we do not keep payment card details on file after an order has been placed
We use secure server technology to ensure this information is protected to the highest standards.
We will never pass on your details on to a third party for marketing purposes without your permission unless our business assets are ever sold to or purchased by another company. (Our data records are part of our business).
To see all the information we have about you, and to correct any inaccuracies, please write to:
Common Farm Flowers
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
Contract creation and electronic contracting
The technical steps required to create the contract between you and us are as follows:
- You place the order for your products on the Website by pressing the Continue button on the Payment page of the checkout process. Your credit or debit card will be charged at this point.
- If you have provided a valid email address, we will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Common Farm Flowers.
- Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or cancel an order
Non-acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock.
- Our inability to obtain authorisation for your payment.
- The identification of a pricing or product description error.
- You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
The contract will be concluded in English.
Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right no longer than twelve working days after the day on which you receive the Products. If you wish to exercise your right to cancel this contract after your order has already been despatched please follow the procedure set out in our Returns procedure. Please note that your right to return Products does NOT apply to Products which fall into the following categories unless they are faulty: goods made to your specification; perishable goods (for example flowers and food) or anything else we should include.
When you place an order for flowers, should you realise you have made a mistake or change your mind, we are able to amend or cancel your order up to 12 noon on the day before the scheduled delivery date you requested. The exception to this is within the 5 working days immediately prior to Valentine's Day, Mother's Day and Christmas, when we regret we are unable to accept amendments or cancellations.
Description of products
Each item purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.
In the event of supply difficulties, we reserve the right to substitute goods or packaging of equal quality and value.
Common Farm Flowers gift vouchers can be used to purchase goods over the telephone from Common Farm Flowers. They may not be exchanged for cash.
If the goods purchased total less than the value of the gift voucher, any balance will be lost.
When redeeming gift vouchers over the telephone you will be required to give the number of the voucher.
Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Common Farm Flowers and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
Common Farm Flowers, Barrow Lane, Charlton Musgrove, Wincanton, Somerset, BA9 8HN.
Please check back frequently to see any updates or changes to these Conditions. Questions regarding the Conditions should be directed to: Georgie Newbery, Common Farm Flowers, Barrow Lane, Charlton Musgrove, Wincanton, Somerset, BA9 8HN.
See page 'Wedding Bookings Terms and Conditions for additional terms and conditions that apply to wedding bookings.