Terms of Sale
Please read the following important terms and conditions before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to.
ELDERFLOWER & FERN
Website Terms and Conditions of Sale
Summary of some of your key rights:
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made (see below). We will give you this information in a clear and understandable way. Some of this information is likely to be obvious from the context. Some of this information is also set out in these Terms, such as information on our complaint handling policy.
Right to cancel - Goods
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.
Right to cancel - Services
The Consumer Contracts Regulations 2013 say that in most cases, you can cancel within 14 days. If you agree the service will start within this time you may be charged for what you've used.
Your Consumer Rights - Goods
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you're entitled to the following:
- up to 30 days: if your goods are faulty, then you can get a refund;
- up to six months: if they can't be repaired or replaced, then you're entitled to a full refund, in most cases;
- up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.
Your Consumer Rights - Services
The Consumer Rights Act 2015 says that:
- you can ask us to repeat or fix the service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it;
- if a price hasn't been agreed upfront, what you're asked to pay must be reasonable;
- if a time hasn't been agreed upfront, it must be carried out within a reasonable time.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.
- These terms and conditions set out: your legal rights and responsibilities; our legal rights and responsibilities; and certain key information required by law.
- If you do not understand any of these Terms and want to talk to us about it, please contact us by:
- e-mail: email@example.com, or
- telephone: 07783543319. Please note that calls will be answered at the following times:
Mon - Fri 1100 - 1700
We may record calls for quality and training purposes.
- "We, us or our" means ELDERFLOWER & FERN with our office at:
6 St Mary's Mews, Cheltenham, GL51 9FH
References to us in these Terms also includes any group companies which we may have from time to time;
- "Our site or our website" means the site on which these terms and conditions are displayed, including, but not limited to the following websites:
III. "Terms" means these terms and conditions of sale as updated from time to time;
- "You or your" means the person accessing or using our site to make purchases from us.
- The details of these Terms will not be filed with any relevant authority by us.
Terms and conditions of sale
- These Terms apply to any sale of goods and/or services on our site. If you buy goods and/or services on our site you agree to be legally bound by these Terms and the terms and conditions contained herein.
- These Terms are only available in English. No other languages are available for these Terms.
- When buying any goods and/or services on our site you also agree to be bound by:
- our terms and conditions of use and any documents referred to therein.
All these documents form part of these Terms as though set out in full here.
Information we give you
- By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
- read the Confirmation email that will be sent to you when you have ordered goods and/or services (see clause below); or
- contact us using the contact details above.
- The key information we give you by law forms part of these Terms (as though it is set out in full here).
- If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
Ordering from us
- Here we set out how a legally binding contract between you and us is made.
- You place an order on our site by doing the following:
The user completes the booking form questionnaire and then adds the booking form product to a basket and then clicks the basket to proceed to checkout. Finally, the user competes the process and clicks pay now to confirm the order.
- Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
- When you place your order at the end of the online checkout process (e.g. when you confirm payment), we will acknowledge it by Email. This acknowledgement does not, however, mean that your order has been accepted.
- We may contact you to say that we do not accept your order. This is typically for the following reasons:
- the goods and/or services are unavailable;
- we cannot authorise your payment;
III. you are not allowed to buy the goods and/or services from us;
- we are not allowed to sell the goods and/or services to you;
- the number of goods and/or services you have ordered is too large; or
- there has been a mistake on the pricing or description of the goods and/or services.
- We will only accept your order when we send you an Email to confirm this (Confirmation Email ). At this point:
- a legally binding contract will be in place between you and us; and
- your order will be fulfilled
- If you are under the age of 18 you may buy any goods and/or services from our site. However, in some cases you may not be able to buy certain goods and/or services because you are too young. If so this will be set out on the relevant webpage for the goods and/or services concerned.
5 Right to cancel
- You have the right to cancel the contract created by these Terms within 14 days without giving any reason.
- However, this right to cancel will not apply to any of the following products:
All of our bespoke preservation pieces, including resin blocks, frames, and jewellery which are made with customer flowers, and designed to customer specifications.
- The cancellation period will expire after 14 days from the day:
- on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of any goods, in the case of a sales contract;
- on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good purchased, in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately;
III. on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece of any purchased goods, in the case of a contract relating to delivery of a good consisting of multiple lots or pieces;
- on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good purchased, in the case of a contract for regular delivery of goods during a defined period of time.
- To exercise the right to cancel, you must inform us of your decision to cancel the contract created by these Terms by a clear statement (e.g. a letter sent by post, fax or email). You can use the model cancellation form set out in the box below, but it is not obligatory.
ELDERFLOWER & FERN
Ordered on */received on *,
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
* Delete as appropriate
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Payment and right to cancel if performance of services requested to commence before expiry of 14 day cancellation period
- If you request us to begin the performance of services during the 14 day cancellation period referred to above in the clause entitled "Right to cancel ", you shall pay us an amount which is in proportion to what has been performed until the date when you have communicated to us your cancellation of the contract created under these Terms, in comparison with the full coverage of the contract.
- You will lose the right to cancel the contract created under these Terms if the services have been fully performed at your express request within the cancellation period (in which case we will ask you to confirm that you understand you will lose your right to cancel).
Effects of cancellation
- If you cancel the contract created under these Terms in accordance with these Terms, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
- 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.
- We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we received back from you any goods supplied; or
- (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
III. if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel the contract created under these Terms.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- If you have received goods:
- you shall, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract created under these Terms to us, send back the goods or hand them over to us
- the deadline shall be met if you send back the goods before the period of 14 days has expired;
III. we will bear the cost of returning the goods;
- you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Delivery of goods
- The estimated date and time window for delivery of the goods is set out in the Confirmation Email.
- If something happens which:
- is outside of our control; and
- affects the estimated date of delivery;
we will let you have a revised estimated date for delivery of the goods.
- Delivery of the goods will take place when we deliver them to the address that you gave to us.
- We may be unable to deliver the goods if we are unable to properly identify you. Please be prepared to provide a form of ID (passport or photocard driving licence) on delivery of goods.
- Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:
- let you know;
- cancel your order; and
III. give you a refund.
- If nobody is available to take delivery, please contact us using the contact details above.
- You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
- We do not make deliveries to any addresses outside of the UK.
- We may deliver your goods in instalments. To check if your goods may be delivered in this way, click on the check the delivery details during the online checkout process.
Performance of Services
- Where possible we will offer the opportunity to confirm the time and date for performance of services purchased during the confirmation process and prior to the purchase of the services.
- In other cases we may offer you with the opportunity to book the time and date for performance of services following the purchase of those services.
- In all cases we will seek to perform the services purchased within a reasonable time and without causing you significant inconvenience.
- Please note that where performance is requested or confirmed to commence within 14 days of purchase the above clause entitled "Payment and right to cancel if performance of services requested to commence before expiry of 14 day cancellation period" will be applicable."
- If you have any questions as regards the time or date for performance of purchased services please contact us immediately.
- We accept the following means of payment:
Visa, Mastercard, AMEX, Discover, Diners Club, Maestro, Union Pay, Apple Pay, Shop Pay, Google Pay, Bank Transfer (invoices only).
- We will do all that we reasonably can to ensure that all of the information you give us when paying for goods and/or services is secure by using an encrypted and secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
- Your credit card or debit card will only be charged when you confirm your order.
- All payments by credit card or debit card need to be authorised by the relevant card issuer. From time to time we may also use extra security steps via Verified by Visa, Mastercard®SecureCodeTM or equivalent services.
- If your payment is not received by us and you have already received any goods, you:
- must pay for such goods within 30 days; or
- must return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
- If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
- Nothing in this clause affects your legal rights to cancel the contract during any applicable 'cooling off' period detailed under the Clauses entitled 'Right to Cancel ' and 'Effects of Cancellation ' above.
- The price of the goods and/or services:
- is in pounds sterling (£)(GBP);
- includes VAT at the applicable rate; and
III. does not include the cost of:
(a). delivering the goods (delivery options and costs will be provided before you place your order); or
(b). any carrier bags (which cost a minimum of 5p) each).
Nature of goods
- The Consumer Rights Act 2015 gives you certain legal rights (also known as 'statutory rights'), for example, the goods:
- are of satisfactory quality;
- are fit for purpose;
III. match the description, sample or model; and
- are installed properly (if we install any goods).
- We must provide you with goods that comply with your legal rights.
- The packaging of the goods may be different from that shown on our site.
- While we try to make sure that:
- all weights, sizes and measurements set out on our site are as accurate as possible, there may be a small tolerance of up to 1% in such weights, sizes and measurements; and
- the colours of our goods are displayed accurately on our site, the actual colours that you see on your computer may vary depending on the monitor that you use.
- Any goods sold:
- at discount prices;
- as remnants; or
III. as substandard;
will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
- If we can't supply certain goods we may need to substitute them with alternative goods of equal or better standard and value. In this case:
- we will let you know if we intend to do this but this may not always be possible; and
- you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
Nature of services
- The Consumer Rights Act 2015 gives you certain legal rights (also known as 'statutory rights'), for example, that any services purchased are performed by us with reasonable care and skill.
- We must provide you with services that comply with your legal rights.
- When we supply services:
- we will use all reasonable care and skill in the performance of those services;
- where the price is not agreed beforehand we will provide the service for a reasonable price; and
III. we will perform the services within a reasonable time.
Faulty goods and unsatisfactory performance of services
- Your legal rights under the Consumer Rights Act 2015 (also known as 'statutory rights'), are set out at the top of these Terms. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please:
- visit our webpage: https://elderflowerfern.com/policies/refund-policy;
- contact us using the contact details above; or
III. visit the Citizens Advice website www.citizensadvice.uk.
- Nothing in these Terms affects your legal rights under the Consumer Rights Act 2015 (also known as 'statutory rights'). You may also have other rights in law.
- Please contact us using the contact details above, if you want:
- us to repair the goods ;
- us to replace the goods ;
III. repeat performance of services purchased;
- a price reduction; or
- to reject the goods and get a refund.
End of the contract
If the contract that is created between us under these Terms is ended it will not affect our right to receive any money which you owe to us under this Terms.
Limit on our responsibility
- Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:
- losses that:
(a). were not foreseeable to you and us when the contract was formed; or
(b). that were not caused by any breach on our part;
- business losses; and
III. losses to non-consumers.
Indemnity and insurance
- You shall indemnify us, and keep us indemnified, from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by us as a result of or in connection with your breach of any of your obligations under these Terms.
- You shall have in place contracts of insurance with reputable insurers incorporated in the United Kingdom to cover your obligations under these Terms. On request, you shall supply so far as is reasonable evidence of the maintenance of the insurance and all of its terms from time to time applicable.
Limitation of liability
- The extent of the parties' liability under or in connection with these Terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause.
- Subject to the sub-clauses below titled "Exceptions", our total liability shall not exceed the sum of £500 (five hundred pounds).
- Subject to the sub-clauses below titled "Exceptions", we shall not be liable for consequential, indirect or special losses.
- Subject to the sub-clauses below titled "Exceptions, we shall not be liable for any of the following (whether direct or indirect):
- loss of profit;
- loss or corruption of data;
III. loss of use;
- loss of production;
- loss of contract;
- loss of opportunity;
VII. loss of savings, discount or rebate (whether actual or anticipated); or
VIII. harm to reputation or loss of goodwill.
- The limitations of liability set out above shall not apply in respect of any indemnities given by either party under these Terms.
- Notwithstanding any other provision of these Terms, the liability of the parties shall not be limited in any way in respect of the following:
(a). death or personal injury caused by negligence;
(b). fraud or fraudulent misrepresentation;
(c). any other losses which cannot be excluded or limited by applicable law;
(d). any losses caused by wilful misconduct.
Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
- We will try to resolve any disputes with you quickly and efficiently.
- If you are unhappy with:
- the goods and/or services;
- our service to you; or
III. any other matter;
please contact us as soon as possible.
- If you and we cannot resolve a dispute using our complaint handling procedure, we will:
- let you know that we cannot settle the dispute with you; and
- consider the need for Alternative Dispute Resolution and, if considered necessary, provide you with information about any alternative dispute resolution provider we deem appropriate to deal with your complaint.
- If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.
- The laws of England and Wales will apply to these Terms.
- These Terms are current and up to date as of: 7th February 2024