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Terms and Conditions

Use of the The Flower Branch   Web site is subject to the general Terms and Conditions of use which, unless stated otherwise, also apply to use of the On-Line Shop. Additionally, On-Line Shopping with The Flower Branch   is subject to the following Terms of Purchase which contain important information about ordering products, payment and delivery. The Flower Branch   reserves the right to modify these Terms of Purchase ("Terms") from time to time.
In these Terms, references made to "We" and "Us" mean The Flower Branch, and "You" means you, one of  clients.


1.    PLACING YOUR ORDER
1.    To place an order, you should be lawfully capable of entering into and forming a valid contract in accordance with English law.
2.    In order to make purchases through the Site, you will need to create an on-line account the first time you use the The Flower Branch Shop and you will be requested to provide information about yourself as indicated so that we may process your Order. You represent and warrant that the information provided by you is both valid and correct.
3.    Once you have chosen a product, click on the image to access the product page where information on sizing, colour options etc. will be provided. All product prices shown in the The Flower Branch Shop are in GBP (£) and are inclusive of VAT but do not include delivery costs which will appear in the order confirmation. All prices and offers remain valid as advertised from time to time.
4.    If you are happy with your choice, click on the "Add to Cart" button.
5.    You can monitor the products you have chosen by clicking on the "Basket" button at any time. You can also remove an item by clicking on the "Remove" button next to the chosen product.
6.    When you are ready, choose a delivery method, proceed to "Checkout" and follow instructions. Please ensure that you provide information as requested.
7.    Once you have confirmed your order, we will issue you with a The Flower Branch   Order reference number, which will appear in your order confirmation. Please ensure that You save this number for reference.
8.    On placing an order with The Flower Branch  , You are making an offer to Us to purchase the products selected in accordance with these Terms. Please note that We may not always be able to accept your offer (see Acceptance). All orders are subject to availability and acceptance.
2.    ACCESS AND USE OF THE FLOWER BRANCH SHOP
1.    The Flower Branch Shop is only available to On-Line Shoppers who meet our terms of eligibility, who have been issued with a valid payment card by a reputable bank, and who have agreed and authorise The Flower Branch   to process a charge or charges on their payment card in the amount of the total purchase price for the products they choose to purchase (see PAYMENT).
2.    Please note, that, by making an offer to purchase merchandise, You expressly authorise Us to perform the appropriate credit checks. Furthermore, where The Flower Branch   feels necessary, to transmit or to obtain additional information to efficiently process Your order, including any updated information about you, to or from third parties from time to time, including but not limited to your payment card number or credit reports, to authenticate your identity, to validate your payment card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
3.    ACCEPTANCE
1.    Once you have made your choice and your order has been placed, you will be required to enter your payment details. When you have completed this process, please click on the "Make Payment" button.
2.    Your order will be acknowledged by an Order Confirmation message which allows you to make a final review of your order, including your payment reference giving details as registered by our system. This message is NOT an acceptance of your order.
3.    The Flower Branch   will also send you an Order Confirmation email containing information as set out above and a second email informing you when your order is despatched.
4.    Unless you cancel your order in accordance with our Cancellation Policy below, acceptance of your order and completion of the contract between you and The Flower Branch   will take place when we despatch the goods to you . We reserve the right not to accept your order. Such non-acceptance may result, for example, from the fact that a product ordered is out of stock or that we are unable to obtain authorisation for your payment or that you do not meet the terms of eligibility set-out above.
5.    Furthermore, we retain the express right not to process a transaction at any time at our sole discretion. In this event, We will not be liable to You or any third party by reason of our withdrawing any merchandise from The Flower Branch Shop, whether or not such products have been sold.

4.    PAYMENT
1.    We accept major payment cards, namely MasterCard, Visa, American Express, Diners Club, Switch Maestro and Solo. Payment will be debited and cleared from your account upon receipt of your order by The Flower Branch  . You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer.
2.    If the issuer of your payment card refuses to authorise payment to The Flower Branch  , we will not be able to process your order and a message will appear informing you that the transaction cannot be processed.
3.    The Flower Branch  , together with its partners, takes all reasonable care to make its On-Line Shop as secure as it can. All payment card transactions on this site are processed using a secure online payment gateway, that encrypts Your card details in a secure host environment. We do not hold your payment card details on the The Flower Branch   server.
4.    To help ensure that your shopping experience is safe, simple and secure, The Flower Branch   uses Secure Socket Layer (SSL) technology. This encrypts and protects the data You send to Us over the internet. When SSL is enabled, You will see a padlock at the bottom of your browser and You can click on this to find out information about the SSL digital certificate registration.
5.    However, although we will employ all reasonable care to ensure that details of your order and payment are held secure, 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 The Flower Branch Shop.
5.    DELIVERY AND INSURANCE
1.    The Flower Branch   delivers in the United Kingdom (England, Northern Ireland, Scotland and Wales) and Internationally (including the Channel Islands).
2.    Products will be delivered to the delivery address as shown in Your Order Confirmation.
3.    Our chosen courier for Delivery is ParcelForce and we strive to ensure that all orders are received within seven (7) working days. However, if can not always be guaranteed e.g.  Topiaries.
4.    The Flower Branch   insures each purchase during the time it is in transit until it is delivered to you. You will be asked to sign for any goods delivered at which point responsibility for your purchased goods passes to You.
5.    The Flower Branch   will store a record of your transactions for a minimum of one year. Please note that for your security only a record of your transaction is kept on the The Flower Branch   web site, your payment card details are not held on the The Flower Branch   Web site
6.    We charge a standard £15 for international shipping. Where the delivery costs dramatically exceed this amount, we will come back to our customers with a quote for this increase shipping.
6.    CANCELLATIONS AND RETURNS
1.    Your satisfaction is our number one priority. If you wish to modify, exchange or cancel your order please contact our Customer Service at info@The Flower Branch  or call 029 20 350043 for an Order Cancellation number stating your wish to cancel, modify or return your order.

2.    Sometimes it will not be possible to stop an order from being despatched, because we endeavour to process orders on the same day. If your order has already been fully processed and despatched, please follow the returns policy.
3.    If you wish to cancel your order, you are entitled to do so within eight (8) working days of delivery and obtain a full refund of the purchase price of the delivered products.
4.    Returns, exchanges and late cancellations. If you are not happy with your goods or need to exchange an item for a different one you may cancel your order at any time during the aforementioned cancellation period by providing us with a notice of cancellation. The cancellation period commences as of the date you receive our email acknowledging receipt of your order and ends on the eighth working day following receipt of the merchandise by you or, in the case of gifts, the person who received them.

5.    In the event of returns, exchanges or cancellations, we require that you return the new and unused goods to us in their original packaging materials as well as all the original labelling attached.
6.    PLEASE NOTE: New and unused means that there are no marks on the item.. We do not sell used items and will not accept any item with any indication that it was used. In such cases, the item will be returned to the purchaser at the purchaser's cost. The Flower Branch   is not responsible for any item that is not returned in the manner set forth above. Please discuss any additional questions you may have with a customer service representative when you contact us for an Order Cancellation number.

7.    The Flower Branch   does not offer a free postal return service.
8.    Although we make every effort to ensure that you receive the products ordered, please let us know as soon as possible if this is not the case. We are happy to refund postage cost in the event that a) you return the products within eight (8) working days of delivery, b) and that the product is not what was ordered or c) the product is flawed. We would ask for a copy of the proof of postage detailing the postage costs. In all other cases product returns and cancellations are subject to the payment of the transportation charges by you and We require that they be returned within fourteen (14) days of the date of delivery.

9.    The Flower Branch   do not accept any form of liability for the loss or damage of returned goods. Our address for all returns is
The Flower Branch   (Returns)
4 Plas St Andresse
Penarth
Vale Of Glamorgan
CF64 1BW
United Kingdom

10.    In the event of any failure to return any goods to us as set out in these Terms within the stipulated time limits, even though validly cancelled, we shall have the right to charge any costs relating to the recovery of the goods. For further information you can contact one of our customer service representatives on call 029 20350043 who will be happy to talk you through the procedure or send an email to info@TheFlowerBranch.co.uk

11.    Refunds to you will be made within 30 days of the date of cancellation notice. All undamaged, correctly returned products will be credited to the original purchaser's payment card including VAT but excluding shipping charges and recovery costs. We do not offer The Flower Branch   store credits.

7.    GIFTS
1.    If the goods ordered from The Flower Branch   were a gift and the recipient wishes, for example, to exchange an item for a different size, she/he may return the Gift at any time during the eight (8) working days from the day after she/he receives the goods. Her/his right to return goods is subject to compliance with our Returns policy.
2.    The person having received the gift may exchange the item for another one of the same value or more provided they pay the price difference together with any additional shipping costs.

8.    APPLICABLE LAW
1.    These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be submitted the jurisdiction of the English courts.
2.    The Flower Branch   reserves the right to make changes to these Terms, notably in line with any revised legislation. Please check back from time to time to ensure you are aware of any changes in our privacy policy practices. Your continued use of our site will signify your acceptance of these changes.
3.    © 2008 The Flower Branch. All Rights Reserved. Material published on this Web Site is copyrighted by The Flower Branch   or its licensors. All rights reserved. All third party trademarks mentioned or displayed are the property of their respective owners.

TERMS AND CONDITIONS OF USE
Please read these Terms carefully before using the Web Site.
By using the Web Site, users signify their assent and agreement to these Terms. If user does not agree to these Terms, then he/she may not use the Web Site.
Use of Materials on this Web Site
The Flower Branch   maintains this Web Site for your personal information and education. You may download one computer copy or print one copy of the material on this Web Site for your own non-commercial, educational, private or domestic use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. You should assume that everything you see or read on the Web Site (such as images, photographs, illustrations, icons, texts, video clips, written and other materials) ("The Flower Branch   Material") is copyrighted and protected under treaty provisions and worldwide copyright laws, unless otherwise noted. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, report or otherwise use any The Flower Branch   Material in any way for any public or commercial purpose. Furthermore, you may not use or display The Flower Branch   Material on any other web site or in a networked computer environment for any purpose. If you violate any of these Terms, your permission to use The Flower Branch   Material will automatically terminate and you must immediately destroy any copies you have made of The Flower Branch   Material. Any unauthorized use of The Flower Branch   Material by you may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not establish a link to the The Flower Branch   Web Site from a third party site without our prior written permission.
Your Submissions
Any communication or material you transmit to the Web Site by electronic mail or otherwise, excluding personally identifiable data about yourself, but including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by The Flower Branch  . By posting communications to the Web Site, you automatically grant The Flower Branch   a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything you transmit or post may be used by The Flower Branch   and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.
Disclaimer
The information on this site is intended for general information purposes only. The Flower Branch   tries to ensure that the information on this site is accurate and complete. The Flower Branch   does not warrant or represent that The Flower Branch   Material is accurate, error-free or reliable or that your use of The Flower Branch   Material will not infringe rights of third parties. Your use of the Web Site is at your risk. The Flower Branch   does not warrant that the functional aspects of the Web Site or The Flower Branch   Material will be error free or that this Web Site, The Flower Branch   Material or the server that makes it available are free of viruses or other harmful components. If your use of this Web Site, or The Flower Branch   Material results in the need for servicing or replacing property, material, equipment or data, The Flower Branch   is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. The Flower Branch   and its suppliers make no warranties about the The Flower Branch   Material, software text, downloads, graphics, and links, or about results to be obtained from using the Web Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Trademark Notice
The trademarks, logos and service marks (collectively the "Trademarks") which you see on this site are registered and unregistered trademarks of The Flower Branch   are licensed to The Flower Branch   by third parties. (you will need to mention any proprietary marks such as Adobe if they feature in the Web site) .Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Web Site without the written permission of The Flower Branch   or such third party who owns the trademark. Your misuse of any trademark displayed on the Web Site, or any other content on the Web Site, except as provided herein, is strictly prohibited.
Copyright Notice
All contents of this Web Site are: Copyright ©2008 The Flower Branch All rights reserved.
Links
On this site you may be offered links to other sites operated by parties other than The Flower Branch  . The inclusion of any link to such sites does not imply endorsement by The Flower Branch   of those sites. The Flower Branch   has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to this Web Site. Your linking to any other off-site pages or other sites is at your own risk.
Termination
You agree that The Flower Branch   may terminate your use of the Web Site if The Flower Branch   reasonably believes that you have violated or acted inconsistently with the letter or spirit of this Agreement, or violated the rights of The Flower Branch   or any third party, or for any reason with or without notice to you. You agree that The Flower Branch   may modify or discontinue this Web Site, with or without notice to you. You agree that The Flower Branch   will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled "Disclaimer," "Limitation of Liability," and "General Provisions" will survive termination of these Terms.
Limitation of Liability
Under no circumstances whatsoever shall The Flower Branch   be liable for any loss arising out of or in connection with the use of information available from this Web Site whether direct or indirect including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if The Flower Branch   has been advised of the possibility of such damages. Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
General Provisions
Unless otherwise specified, the information and materials in the site are presented solely for the purpose of promoting the products and services of The Flower Branch  . The Flower Branch   makes no representation that The Flower Branch   Material is appropriate or available for use in every country of the world. You use this Web Site at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to The Flower Branch   Material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, this Web Site may describe products that are not available worldwide. Any cause of action you may have with respect to this Web Site must be commenced within two years after the claim or cause of action arises. These Terms will be governed by and construed in accordance with the laws of Great Britain without regard to its conflicts of law provisions. The waiver by The Flower Branch   of a breach of any provision of these Terms will not operate to be interpreted as a waiver of any other or subsequent breach.



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