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Terms & Conditions

These terms and conditions apply to the use of the Dawn to Dusk Flower Farm website. 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 email us at dawntoduskflowers@gmail.com or call us on 07927 518 202, before placing an order.

PAYMENT

Payments may be made using a debit or credit card. All cards are subject to validation checks and authorisation by the card issuer. We cannot be liable for delays or non-delivery if, for any reason, your card issuer refuses to authorise payment. Ownership of any of our products will only pass to you when we receive full payment of all sums due.

 

REFUND POLICY

Please contact us by email or telephone, within 24 hours of receipt, if any materials or goods ordered via this website arrive damaged, or if you you believe that your purchase does not conform to the expectations reasonably presented by this website. If any delivered items prove unsatisfactory, you will have the option of a full refund or a replacement (delivery to the same address). Please note that any floral products using fresh plant materials, if properly cared for on receipt, should last for approximately five days.

 

DEFINITIONS

“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 Dawn to Dusk Flowers

“Website” means the website located at www.dawntoduskflowers.co.uk

“United Kingdom” means England, Wales, Scotland, Northern Ireland and the Channel Islands

“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-mailing dawntoduskflowers@gmail.com or calling us on 07927 518 202.

 

INDEMNITY

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.

OUR RIGHTS

We reserve the right to: modify or withdraw, temporarily or permanently, this website (or any part of it) 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. We reserve the right to change the Conditions from time to time, and your continued use of the website (or any part of it) following any such change shall be deemed to be your acceptance of that 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.

 

PRIVACY

As with all shopping websites, we collect personal information from you when you shop online at www.dawntoduskflowers.co.uk  We use this information to make your shopping experience as easy and enjoyable as possible. We need it to process your order, and inform you of any delays or problems.

 

DATA PROTECTION

Circumstances where we may share some of your data with others:

With agents (including credit reference agencies, credit card clearing agencies, fraud prevention and detection agencies) that we use to process the orders you place with us or who assist us in the service we provide to you. In these instances, we provide them with only the information they need to perform their function

In the event that our business assets are ever sold to or purchased by another company (because our data records are part of our business).

If you have questions about your personal data or our privacy policy, please email dawntoduskflowers@gmail.com or phone us on 07927 518 202 To see all the information we have about you, and to correct any inaccuracies, please write to:

Dawn to Dusk Flowers, Penleigh Farm, Fairwood Road, Penleigh, Dilton Marsh, Westbury, Wiltshire, BA13 4EB

 

ORDERS

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 our 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 payment 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 Dawn to Dusk Flowers.

Order acceptance and the completion of the contract between you and us will take place upon 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.

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.

CANCELLATION AND REFUND POLICY

  • When you place an order for flowers, if you realise you have made a mistake, or if you 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.

  • A refund/replacement can be made if the customer establishes that the quality of product delivered is not as advertised.

  • In case of receipt of damaged flowers or other products, please contact us for a refund/replacement. The matter should be reported within 24 hours of receipt.

  • In case you feel that the product received is not as shown on the site or as per your expectations, you must bring it to our notice within 24 hours of receiving the product.

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.

FLOWERS

In the event of supply difficulties, we reserve the right to substitute goods or packaging of equal quality and value.

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.

 

COPYRIGHT

We reserve, wholly and without exception, absolute copyright over all images used on this website, and all images included in any product, from prints, photographs, graphics and artworks to packaging or any embellishments to such packaging. 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, and as part of all and any of our products shall remain at all times vested in us and/or our licensors.

You acknowledge and agree that the material and content contained within the Website, and/or within all and any of our products, 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 endeavour to ensure the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy.

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.

SEVERANCE

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.

WAIVER

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

SURVIVAL

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.

ENTIRE AGREEMENT

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 Dawn to Dusk 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.

LAW

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.

CONTACT

The company address, Dawn to Dusk Flowers, Penleigh Farm, Fairwood Road, Penleigh, Dilton Marsh, Westbury, Wiltshire, BA13 4EB

Please check back frequently to see any updates or changes to these Conditions. Questions regarding the Conditions should be directed to: Sloany Singer, Penleigh Farm, Fairwood Road, Penleigh, Dilton Marsh, Westbury, Wiltshire, BA13 4EB

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