TERMS AND CONDITIONS

These terms and conditions apply to the use of the Fierceblooms 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 07780 116229, or email [email protected] before placing an order.

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 Fierceblooms;
“Website” means the website located at fierceblooms.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 07780 116229.

ONline class AND 1-2-1 Bookings

Online Class places and 1-2-1 slot bookings must be paid for at the time of booking, or within 48 hours if a Paypal payment link is sent by us for payment..

Class places and 1-2-1 slots will not be held without payment in full.

Full refunds for cancellations can be made until seven working days before the class/1-2-1 date and/or when the course materials and Zoom link have been sent out to you.

After this point, refunds will not be made for class places  or 1-2-1 slots which the customer cannot attend.

Should we need to cancel the class or 1-2-1 , you will be either able to transfer your place to another class/ reschedule your 1-2-1 or receive a full refund.

ONLINE CLASS Gift Vouchers

Fierceblooms class gift vouchers can be used to redeem places on online classes to an equivalent value over the telephone from Fierceblooms. They may not be exchanged for cash.

If the class 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.

Payment

Payments for online classes will usually be made via Paypal Payment link.  Payments may potentially also be made using a debit, credit card or Paypal account using the Paypal website. All cards are subject to validation checks and authorisation by the card issuer. We will not be liable for delays or non-delivery if, for any reason, your card issuer refuses to authorise payment. Ownership of our bouquets will only pass to you when we receive full payment of all sums due.

Payment terms are fully laid out on invoices, if payments have not been made within one month of the invoice date then we reserve the right to charge fees.

Use Of Materials Supplied In Conjunction With The Purchase Of An Online Class

Fierceblooms grants you a limited, personal, non-exclusive, non-transferable license to use the materials and information supplied in conjunction with our online classes for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the class materials in any manner.

 By ordering or participating in online classes, you agree that the materials you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed. By ordering or participating in my online classes, you further agree that you shall not create any derivative work based upon the classes and you shall not offer any competing products or services based upon any information contained in the classes.

Flowers Refund Policy

Please contact us by email or telephone within 24 hours of receipt if flowers are damaged, with pictures if possible. Please contact us within two days of receipt if you are concerned about flower freshness or quality as our flowers last for approx. 5 days. If the care instructions have been followed you will have the option of a full refund or a new bouquet (delivery to the same address).

Flower Care and handling

Re-cut the stems of our flowers every few days to remove blocked and sealed stem ends. Give the flowers fresh cool water and replace every few days. Keeping the flowers in a cool place, away from direct sunlight and ripening fruit,  will help them last longer.

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.

Bouquet composition

We reserve the right to choose the best flowers in the garden each week and so bouquets will be different from those shown. In the event that we are unable to supply your bouquet, we shall notify you as soon as is reasonably possible and shall reimburse your payment in full and in any event no later than 30 days after the intended delivery date.

Weddings

Terms and conditions applying to weddings are subject to additional terms and conditions applying to our wedding bookings and supplied during the wedding consultation process.

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 Personal Information.

Our rights

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.

Trademarks and Copyright

This website is protected by copyright and the copyright, trademarks, logos and intellectual property rights for the content of the Fierceblooms website are the property of Fierceblooms. ALL RIGHTS RESERVED.

Any use, printing or copying of materials on this website, other than in the course of browsing, selecting products and ordering from us, is strictly prohibited. Any framing of this website is prohibited.

Specifically, all images unless indicated otherwise belong to Fierceblooms and may not be reproduced unless granted prior permission from Fierceblooms explicitly.

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 Fierceblooms.
• 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.

Cancellation and Refund Policy

• 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 two days 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, 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.

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.

P R I V A C Y

Your use of the Fierceblooms website is also subject to our  Privacy Policy. Please review our Privacy Policy at fiercebdevelop.local/privacy-policy which also governs the website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms And Conditions.

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.

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 Fierceblooms 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

Fierceblooms address - Minshull Wharf, Cross Lane, Minshull Vernon,Crewe,Cheshire CW1 4RG UK

Please check back frequently to see any updates or changes to these Conditions. Questions regarding the Conditions should be directed to:  Kathryn Cronin, Minshull Wharf, Cross Lane, Minshull Vernon,Crewe,Cheshire CW1 4RG UK