| WELCOME TO THE FlorisFoods WEBSITE TERMS AND CONDITIONS OF USE. THESE TERMS AND
CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT www.florisfoods.com. BY ACCESSING
THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND
CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER
OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT
THESE TERMS, DO NOT USE THIS WEBSITE.
The www.florisfoods.com website is operated by:
Calia HQ Limited t/a FlorisFoods, a company registered in England and Wales,
whose registered office is at 14-22 Coleman Fields, London, London, United Kingdom,
N1 7AD. Our company registration number is 06574383.
Our VAT registration number is 942022656
Our contact details are as follows:
Trading address: Unit 25 Bernard Road,
London,
United Kingdom,
N15 4NE.
General email: info@florisfoods.com
Telephone number: 0208 8010469
Fax number 0208 8010469
1. INTRODUCTION
1.1 You will be able to access most areas of this Website without registering
your details with us. Certain areas of this Website are only open to you if
you register.
1.2 We may revise these terms and conditions at any time by updating this posting.
You should check this Website from time to time to review the then current terms
and conditions, because they are binding on you. Certain provisions of these
terms and conditions may be superseded by expressly designated legal notices
or terms located on particular pages of this Website. If you do not wish to
accept any new terms and conditions after we have given notice, you should not
continue to use this Website.
1.3 If you have any concerns about material on our site, please contact us by
email at info@florisfoods.com.
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our online checkout
process. As part of our checkout process you will be given the opportunity to
check your order and to correct any errors. We will send you an order acknowledgement,
detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we despatch the order. We will
send you a despatch confirmation by email. When we despatch the order the purchase
contract will be made , unless we have notified you that we do not accept your
order or you have cancelled your order.
2.3 We may refuse to accept an order:
(a) where goods, services or information ordered by you are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.
(e) if we do not deliver to your area;
Where we do not accept your order but have processed your payment, we will
re-credit your account with any amount deducted by us from your debit or credit
card as soon as possible, but in any event within 30 days of your order. We
will not be obliged to pay any additional amount as compensation for disappointment.
3. PRICING
3.1 All prices include VAT (where applicable) at the current rates. We reserve
the right to express the price exclusive of VAT, but we shall show VAT separately
and include it in the total price.
3.2 Where we charge separately for packing, carriage and insurance and other
relevant charges, the appropriate rates are set out in our specified pricing
structure shown elsewhere on this Website.
3.3 Our prices are reviewed periodically and the next review will be on n/a.
4. DELIVERY
4.1 We will deliver goods ordered by you as soon as possible to the address
you give us for delivery, but in any event within 10 days of your order.
4.2 If the goods we deliver are not what you ordered or are damaged or defective
or the delivery is of an incorrect quantity, we shall have no liability to you
unless you notify us in writing, at our contact address, of the problem within
10 working days of the delivery of the goods in question.
4.3 If you do not receive goods ordered by you within 10 days of the date on
which you ordered them, we shall have no liability to you unless you notify
us in writing at our contact address of the problem within 10 days of our maximum
delivery period of 10 from the date on which you ordered the goods.
5. LIABILITY
5.1 If the goods we deliver are not what you ordered or are damaged or defective
or the delivery is of an incorrect quantity, we shall have no liability to you
unless you notify us in writing at our contact address of the problem within
10 working days of the delivery of the goods in question.
5.2 If you do not receive goods ordered by you within 10 days of the date on
which you ordered them, we shall have no liability to you unless you notify
us in writing at our contact address of the problem within 10 days of our maximum
delivery period of 10 from the date on which you ordered the goods.
5.3 If you notify a problem to us under this condition, our only obligation
will be, at your option:
(a) to make good any shortage or non-delivery;
(b) to replace or repair any goods that are damaged or defective; or
(c) to refund to you the amount paid by you for the goods in question in whatever
way we choose.
5.4 Save as precluded by law, we will not be liable to you for any indirect
or consequential loss, damage or expenses (including loss of profits, business
or goodwill) howsoever arising out of any problem you notify to us under this
condition and we shall have no liability to pay any money to you by way of compensation
other than to refund to you the amount paid by you for the goods in question
under clause 5.3(c) above.
5.5 You must observe and comply with all applicable regulations and legislation,
including obtaining all necessary customs, import or other permits to purchase
goods from our site. The importation or exportation of certain of our goods
to you may be prohibited by certain national laws. We make no representation
and accept no liability in respect of the export or import of the goods you
purchase.
5.6 Notwithstanding the foregoing, nothing in these terms and conditions is
intended to limit any rights you might have as a consumer under applicable local
law or other statutory rights that may not be excluded nor in any way to exclude
or limit our liability to you for any death or personal injury resulting from
our negligence.
6. CANCELLATION OF CONTRACTS FOR GOODS AND RETURNS POLICY – FOR CONSUMERS
ONLY
6.1 This section applies to consumers only (and not to businesses or other organisations)
who order goods
6.2 If you wish to cancel your order:
(a) you can notify us by email to info@florisfoods.com before we have dispatched
the goods to you; or
(b) where goods have already been dispatched to you, by returning goods to us
in accordance with clause 4.2 above.
6.3 You can return goods you have ordered from us for any reason at any time
within 5 days of receipt for a full refund or exchange. The costs of returning
goods to us shall be borne by you.
6.4 Upon receipt of the goods we will give you a full refund of the amount paid
or an exchange credit as required, less (if for any reason the these costs have
not been paid by you) the costs of delivery to us.
6.5 The rights to return the goods to us as referred to in clause 6.3 will not
apply in the following circumstances: -
* in the event that the product has been used
* to any products that by their nature have a limited lifespan, such as flowers
and fresh food
The provisions of this clause 6.5 do not affect your statutory rights.
7. LICENCE
7.1 You are permitted to print and download extracts from this Website for your
own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text;
and
(c)any of our copyright and trade mark notices and this permission notice appear
in all copies.
7.2 Unless otherwise stated, the copyright and other intellectual property rights
in all material on this Website (including without limitation photographs and
graphical images) are owned by us or our licensors. For the purposes of these
terms and conditions, any use of extracts from this Website other than in accordance
with clause 5.1 above for any purpose is prohibited. If you breach any of the
terms in these terms and conditions, your permission to use this Website automatically
terminates and you must immediately destroy any downloaded or printed extracts
from this Website.
7.3 Subject to clause 7.1, no part of this Website may be reproduced or stored
in any other website or included in any public or private electronic retrieval
system or service without our prior written permission.
7.4 Any rights not expressly granted in these terms are reserved.
8. SERVICE ACCESS
8.1 While we endeavour to ensure that this Website is normally available 24
hours a day, we will not be liable if for any reason this Website is unavailable
at any time or for any period.
8.2 Access to this Website may be suspended temporarily and without notice in
the case of system failure, maintenance or repair or for reasons beyond our
control.
9. VISITOR MATERIAL AND CONDUCT
9.1 Other than personally identifiable information, which is covered under the
Privacy Policy [INSERT HYPERLINK], any material you transmit or post to this
Website will be considered non-confidential and non-proprietary. We will have
no obligations with respect to such material. We and our nominees will be free
to copy, disclose, distribute, incorporate and otherwise use such material and
all data, images, sounds, text and other things embodied therein for any and
all commercial or non-commercial purposes.
9.2 You are prohibited from posting or transmitting to or from this Website
any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive,
pornographic, abusive, liable to incite racial hatred, discriminatory, menacing,
scandalous, inflammatory, blasphemous, in breach of confidence, in breach of
privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal
offence, give rise to civil liability, or otherwise be contrary to the law of
or infringe the rights of any third party, in the UK or any other country in
the world; or
(d) which is technically harmful (including, without limitation, computer viruses,
logic bombs, Trojan horses, worms, harmful components, corrupted data or other
malicious software or harmful data).
9.3 You may not misuse the Website (including, without limitation, by hacking,
impersonating any person or entity or falsely misrepresent your affiliation
with a person or entity, ‘stalk’ or harass another or collect or
store personal data about other users ).
9.4 We will fully co-operate with any law enforcement authorities or court order
requesting or directing us to disclose the identity or locate anyone posting
any material in breach of clauses 9.2 or 9.3.
9.5 It is your responsibility to determine that your input into our site, including
use of any chat room areas of our site, including your choice of your user name,
conforms to the above conditions. Remember that the site and your content may
be accessed by children.
9.6 If you notice any content which breaches these conditions, please notify
us by email to info@florisfoods.com.
10. LINKS TO AND FROM OTHER WEBSITES
10.1 Links to third party websites on this Website are provided solely for your
convenience. If you use these links, you leave this Website. We have not reviewed
all of these third party websites and do not control and are not responsible
for these websites or their content or availability. We therefore do not endorse
or make any representations about them, or any material found there, or any
results that may be obtained from using them. If you decide to access any of
the third party websites linked to this Website, you do so entirely at your
own risk.
10.2 You may not create any links to this Website.
10.3 You shall fully indemnify us for any loss or damage we or any of our group
companies may suffer or incur as a result of your breach of clause 10.2.
11. REGISTRATION
11.1 To register with www.florisfoods.com you must be over 18 years of age.
11.2 Each registration is for a single user only, whether or not acting on behalf
of a company or other organisation. We do not permit you to share your user
name and password with any other person nor with multiple users on a network.
11.3 Responsibility for the security of any passwords issued rests with you
and if you know or suspect that someone else knows your password, you should
contact us immediately.
11.4 We may suspend or cancel your registration immediately at our reasonable
discretion or if you breach any of your obligations under these terms and conditions.
12. DISCLAIMER
12.1 While we endeavour to ensure that the information on this Website is correct,
we do not warrant the accuracy and completeness of the material on this Website.
We may make changes to the material on this Website, or to the products and
prices described in it, at any time without notice. The material on this Website
may be out of date, and we make no commitment to update such material.
12.2 The material on this Website is provided “as is” without any
conditions, warranties or other terms of any kind. Accordingly, to the maximum
extent permitted by law, we provide you with this Website on the basis that
we exclude all representations, warranties, conditions and other terms (including,
without limitation, the conditions implied by law of satisfactory quality, fitness
for purpose and the use of reasonable care and skill) which but for these terms
and conditions might have effect in relation to this Website.
13. LIABILITY
13.1 We, any other party (whether or not involved in creating, producing, maintaining
or delivering this Website), and any of our group companies and the officers,
directors, employees, shareholders or agents of any of them, exclude all liability
and responsibility for any amount or kind of loss or damage that may result
to you or a third party (including without limitation, any direct, indirect,
punitive or consequential loss or damages, or any loss of income, profits, goodwill,
data, contracts, use of money, or loss or damages arising from or connected
in any way to business interruption, and whether in tort (including without
limitation negligence), contract or otherwise) in connection with this Website
in any way or in connection with the use, inability to use or the results of
use of this Website, any websites linked to this Website or the material on
such websites, including but not limited to loss or damage due to viruses that
may infect your computer equipment, software, data or other property on account
of your access to, use of, or browsing this Website or your downloading of any
material from this Website or any websites linked to this Website.
13.2 Nothing in these terms and conditions shall exclude or limit our liability
for (i) death or personal injury caused by negligence (as such term is defined
by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation
as to a fundamental matter; or (iv) any liability which cannot be excluded or
limited under applicable law.
13.3 If your use of material on this Website results in the need for servicing,
repair or correction of equipment, software or data, you assume all costs thereof.
13.4 You agree, on behalf of yourself and your business entity or organisation,
jointly and severally to indemnify us fully, defend and hold us, and our officers,
directors, employees and agents, harmless from and against all claims, liability,
damages, losses, costs (including reasonable legal fees) arising out of any
breach of the terms and conditions by you, or your use of this Website, or the
use by any other person using your registration details.
14. GOVERNING LAW AND JURISDICTION
14.1 These terms and conditions shall be governed by and construed in accordance
with English law. Disputes arising in connection with these terms and conditions
shall be subject to the exclusive jurisdiction of the English courts where the
claim is brought by you, save where you have legal rights to bring any claim
in respect of such a dispute in any other jurisdiction. We nevertheless retain
the right to bring proceedings against you for any threatened or actual breach
of these terms and conditions in your country of residence, registration or
business or any other relevant country.
14.2 We do not warrant that materials, services or information for sale on the
Website are appropriate or available for use outside the United Kingdom. It
is prohibited to access the Website from territories where its contents are
illegal or unlawful. If you access this Website from locations outside the United
Kingdom, you do so at your own risk and you are responsible for compliance with
local laws.
15. MISCELLANEOUS
15.1 These Terms and Conditions were created on 01/03/2010
15.2 You may not assign, sub-license or otherwise transfer any of your rights
under these terms and conditions
15.3 If any provision of these terms and conditions is found by any court of
competent jurisdiction to be invalid, the invalidity of that provision will
not affect the validity of the remaining provisions which shall continue to
have full force and effect.
15.4 No person other than the parties to these terms and conditions are intended
to benefit from them pursuant to the Contracts (Rights of Third Parties) Act
1999.
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