1. Interpretation

In these Terms and Conditions (Terms), the following words and phrases shall have the following meanings:

“You/Your” means the person who purchases and/or receives the Goods from Us:

“Us/We/Our” means The Flower Barn;

“Contract” means the contract between Us and You which shall be deemed to incorporate these Terms;

“Goods” means the goods detailed in the Order to be supplied by Us to You;

“Order” means the Order confirmation prepared by us and sent to you describing the exact Goods requested by you and accepted by us and detailing the price to be paid.

2. The Contract

The Contract shall be on these Terms, incorporating the terms on any individual Order You may receive, to the exclusion of all other terms and conditions. If any conflict shall arise between these Terms and the Terms of the Order the Terms of the Order shall prevail.This Contract shall commence when You place an Order and shall terminate upon delivery of the Goods.

3. Risk in and Ownership of Goods

Risk in any Goods supplied shall pass to You on delivery. Ownership in the Goods shall not pass to You until We have received in full in cleared funds all sums due to Us in respect of the Goods and all other sums which are or may become due to Us from You on any account. Until ownership of the Goods has passed to You, You shall: hold the Goods on our behalf; storing them separately from all other goods of Yours or any third party in such a way that they remain identifiable as Our property; not destroy or deface any identifying mark on the Goods or their packaging; and, maintain the Goods in satisfactory condition fully insured.

4. Delivery

Any date or period for delivery shall be considered as indicative only, although it is the Company’s policy to try to fulfill all orders within XX days. Any Goods not available within this timescale will be sent to You, as soon as possible, when received from Our suppliers. We will use our reasonable endeavours to fulfill Your Order to its exact specification, however owing to the nature of the commodity in which we are dealing We reserve the right to substitute similar or equivalent specification Goods in the event of stock limitations.

You have the right to reject any such substitutions without further liability to us. All Orders must be must be checked at the time of delivery and mistakes notified to us immediately. Where mistakes are found we will make arrangement for collection and replacement of the incorrect Goods. Mistakes discovered after this time cannot be rectified

5. Warranty and Returns

Subject to Your correct usage of the Goods We will warrant that the Goods are of satisfactory quality for a period of 6 months from delivery of the Goods.

6. Price and Payment

The price for the Goods will be set out in the Order and excludes the cost of delivery which will be listed separately. The price for the Goods is exclusive of any applicable taxes including without limit VAT which will be listed separately.

Payment for the Goods will be payable in advance. Payment can be made by credit card, cheque or direct bank transfer. Where payment is made by cheque the cheque should be made payable to XXXXXX The Flower Barn and for bank transfers payment should be sent to bank account number ……………… sort code number ………………………….. . Goods will be dispatched once all payments have cleared.

Once an Order has been accepted in writing by Us the cancellation terms contained below apply. 

7. Limitation of Liability

Neither party shall have any liability for any indirect or consequential losses or expenses, including but not limited to loss of or damage to anticipated profits, contracts, reputation, goodwill, labour costs or losses or expenses arising from 3rd party claims.

Notwithstanding the above clause and save in the case of death or personal injury caused by the negligence of Ourselves, for which Our liability shall be unlimited, Our liability under this agreement shall be limited to the price paid by You for the Goods.

8. Cancellation

Except in the case of perishable or personalised Goods, You have the right to cancel this agreement by notice at any time within seven days of the date of delivery of the goods to you without further liability to us, save that you must return the goods to us, undamaged and with all packaging intact.

The date on which the letter/call/email is received by Us will be deemed as the date the request has been made.

9. Intellectual Property

You acknowledge that all intellectual property rights, including copyright and design rights in or relating to any original designs provided to you, remain the sole property of Us.

10. Force Majeure

If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.

11. General

If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect.

You may not vary this agreement unless it is specifically agreed in writing and acknowledged by Us. We may vary this Agreement by notifying You of the proposed variation, such variation will be deemed accepted if we do not receive a response from You within 15 days.

These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.  

These terms and conditions apply to your use of The Flower Barn’s web site. Other terms and conditions on our site such as our privacy policy and our Terms and Conditions of Sale should be read in addition to these terms before ordering.

1. Interpretation

In these Terms and Conditions (Terms), the following words and phrases shall have the following meanings:

“You/Your” means the person who purchases and/or receives the Goods from Us:

“Us/We/Our” means The Flower Barn;

2. Your Account

If you use this web site, you are responsible for maintaining the confidentiality of your password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the 'My Account' area of the web site.

Company name reserve the right to refuse access to the web site, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

3. Privacy

Please review our Privacy Notice for more information.

4. Access to the  website

We will make all reasonable endeavours to ensure that availability of the web site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet and the World Wide Web, this cannot be guaranteed. Also, your access to the web site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

5. Licence for Web site access

We grant you a limited licence to access and make personal use of this web site, but not to download (other than page caching) or modify it, or any portion of it, except with Our express written consent. This licence does not include any resale or commercial use of this web site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this web site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This web site or any portion of this Web site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

6. Electronic communications

When you visit our website or send e-mails to us, you are communicating with us electronically. We often communicate with you by e-mail or by posting notices on the web site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

7. Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our web site, policies, and these conditions of use at any time. You will be subject to the policies and conditions of use in force at the time that you use the web site or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

8. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

9. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

10. Governing law and jurisdiction

These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.

11. Complaints

In the event of a complaint, please e-mail complaints@emailaddress or write to us at our postal address.