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Please read these Terms and Conditions ("Terms") carefully before using the website https://petaltopost.com/ (the "Site") operated by Petal to Post ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Site and purchase goods from us.
By placing an order with us, you agree to be bound by these Terms.
1. Information About Us
1.1. We are Petal to Post a sole trader company based in England and Wales.
1.2. You can contact us by emailing stephen@petaltopost.com
2. Our Goods
2.1. The images of the goods ("Goods") on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's or device's display of the colours accurately reflects the colour of the Goods. Your Goods may vary slightly from those images.
2.2. As many of our faux floral arrangements are hand-finished, slight variations in composition, stem placement, and texture may occur. These are not considered defects.
2.3. All Goods shown on the Site are subject to availability. We will inform you by email as soon as possible if the Goods you have ordered are not available and we will not process your order.
3. The Contract Between Us
3.1. Our shopping pages will guide you through the steps you need to take to place an order with us. Please take the time to read and check your order at each page of the order process.
3.2. Your order constitutes an offer to us to buy Goods. After you place an order, you will receive an email from us acknowledging that we have received it. However, please note that this does not mean that your order has been accepted.
3.3. Our acceptance of your order will take place when we send you an email that confirms that the Goods have been dispatched ("Order Confirmation"). The contract between us will only be formed when we send you the Order Confirmation.
3.4. If we are unable to supply you with Goods, for example, because of an error in the price on our Site, we will inform you of this by email and we will not process your order. If you have already paid, we will refund you the full amount as soon as possible.
4. Price and Payment
4.1. The prices of the Goods will be as quoted on our Site at the time you submit your order. All prices are in Pounds Sterling (£) and are inclusive of Value Added Tax (VAT) at the current UK rate.
4.2. Prices for our Goods may change from time to time, but changes will not affect any order you have already placed and that we have confirmed.
4.3. The price of Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
4.4. Payment must be made in full at the time of ordering through our accepted payment providers (Square and PayPal).
5. Delivery
5.1. We deliver to addresses within the United Kingdom.
5.2. We will provide you with an estimated delivery date with the Order Confirmation. Please note that delivery timescales are estimates only and are not guaranteed.
5.3. Delivery of an order shall be completed when we deliver the Goods to the address you gave us. The Goods will be your responsibility from that time.
5.4. You own the Goods once we have received payment in full, including all applicable delivery charges.
5.5. If you provide an incorrect delivery address and we are unable to deliver, we reserve the right to charge an additional fee for redelivery.
6. Intellectual Property
6.1. All content included on the Site, such as text, graphics, logos, images, and product designs, is our property or the property of our content suppliers and is protected by UK and international copyright laws.
6.2. You may not extract or re-utilise any of the contents of the Site without our express written consent.
7. Events Outside Our Control
7.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lockouts, civil commotion, terrorist attack, war, fire, explosion, storm, flood, pandemic, or failure of public or private telecommunications networks.
8. Other Important Terms
8.1. Privacy: We only use your personal information in accordance with our Privacy Policy [Link to your Privacy Policy].
8.2. Governing Law: These Terms are governed by the law of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim.
8..3. Entire Agreement: These Terms and any document expressly referred to in them constitute the entire agreement between you and us.
8..4. Severability: Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
1. Your Right to Cancel (Consumer Contracts Regulations 2013)
1.1. If you are a consumer, you have a legal right to cancel a Contract during the "cooling-off period" of 14 days. This period begins on the day after you receive the Goods.
1.2. To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to email us at stephen@petaltopost.com
1.3. If you cancel your Contract, we will:
a) Refund you the price you paid for the Goods.
b) Refund any standard delivery costs you have paid. We will not refund supplementary costs for any express or non-standard delivery service.
c) Make any refunds due to you as soon as possible and in any event within 14 days after the day on which we receive the Goods back from you.
1.4. Your responsibility if you cancel:
a) You must return the Goods to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract.
b) You must bear the direct cost of returning the Goods.
c) You are responsible for ensuring the Goods are returned in their original condition. We may make a deduction from the reimbursement for loss in value of any Goods supplied if the loss is the result of unnecessary handling by you.
1.5. This cancellation right does not apply to any custom-made or personalised Goods.
2. Faulty Goods (Consumer Rights Act 2015)
2.1. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by your right of return and refund in clause 6 or anything else in these Terms.
2.2. If you receive Goods that are faulty, not of satisfactory quality, or not as described, you have a 30-day right to reject them for a full refund. After 30 days, you may be entitled to a replacement or, if that is not possible, a partial or full refund.
2.3. If you believe Goods are faulty, please contact us at stephen@petaltopost.com with your order number and details of the fault.
3. Our Liability
3.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms. We are not responsible for any loss or damage that is not foreseeable.
3.2. We only supply the Goods for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.1
3.3. We do not in any way exclude or limit our liability for:
a) Death or personal injury caused by our negligence.
b) Fraud or fraudulent misrepresentation.
c) Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
d) Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples) and
e) Defective products under the Consumer Protection Act 1987.