These Terms are issued by Moonstones Limited, Company Number 5580124 who is registered as a company in the UK and registered office is at 1b Fareham Park Road, Fareham, Hampshire, PO15 6LA and trading address is at 1b Fareham Park Road, Fareham, Hampshire, PO15 6LA.
Together with our current Website prices, delivery
details, contact details, Website
set out the whole of our agreement relating to the supply of the Products
to "you" whether you act as a private individual and consumer ("Consumer")
or as a business ("Business") and Moonstones Ltd ("Us")
. If you require any change please make sure that you ask for these to be
put in writing. In that way we can avoid any problems surrounding what us
and you are expected to do.
1 . THE CONTRACT
1.1. No contract exists between you and us until we review
and notify you that we have accepted your order and payment has been confirmed.
1.2. We are not obliged to accept your order.
2. PRODUCTS AND PAYMENT
2.1. All Products are subject to availability and pictures displayed are for illustration only. To ensure the highest quality our skilled florist will fulfil your order using the freshest and best Products available that meet the description of the Product ordered at the time of delivery. If you require specific items then please place your order via phoning 01329 849457.
2.2. We do not guarantee to fulfil your order. All orders are reviewed by our staff during our normal business hours and before payment is processed. In the event that we are unable to supply the Products or any substitute Product to you at all, we shall notify you as soon as is reasonably possible and not continue to process your payment.
2.3. We accept payment by credit and debit card. We will only process an order once we have received payment from you. If for any reason payment is refused after your order has been completed we will have the right to request the payment from you or recover the Products from you and charge you for our costs in recovering the Products or seeking further payment.
2.4. The price payable for the Products that you order is shown on our Website inclusive of VAT where applicable and excluding delivery. Delivery costs are shown in the delivery areas section on our website.
2.5. We may deliver certain flower Products in bud to ensure longer life.
2.6. Some Products, flowers and plants may be harmful or poisonous, if you require further information before submitting an order please contact us on: 01329 849457
3.1. Please ensure that you enter full and accurate details, including the address and the postal code, of the recipient. We will not be responsible for any orders which are not delivered due to incorrect or incomplete information being supplied by you.
3.2. Whilst we agree to use all reasonable endeavours to ensure that delivery will be to the address given to us by you on the requested delivery date occasionally delivery on the requested terms will not be possible. In such circumstances we shall notify you as soon as is reasonably possible and make alternative arrangements or cancel your order. We cannot guarantee when any item will be despatched and we are unable to specify a time for delivery.
3.3. You will become the owner of the Products you have ordered when they have been delivered to the address given to us by you at the time of order, or what we deem a suitable alternative address if the Product cannot be left at the address given at the time of delivery. The Products will be held at your own risk and we will not be liable for any loss or destruction.
3.4. We shall not be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control including but not limited to any fire, flood, explosion, act of God, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, government act, act of war, terrorism, or from any industrial dispute or strike whatsoever.
4. RETURNS AND REFUNDS
4.1. Because of the perishable nature of many Products you are advised to make any complaint within 1 working day of the delivery date of your Products.
4.2. If your Product is faulty, damaged or we have not sent you what you ordered we will collect the Product for inspection from the address that it was delivered to by us. A replacement or refund will be offered if the Product is deemed to be faulty or damaged within 7 working days of collecting the Product. If we discover that the Product is not faulty or damaged we will return it to the delivery address and charge you for the costs incurred by us.
4.3. If you wish to return a Product to us other than because it was damaged when delivered or is faulty please contact us by email on firstname.lastname@example.org, or by telephone on 01329 849457. Each case will be dealt with individually and the most appropriate action agreed with you.
5. CANCELLATION BY YOU
5.1. If you are a Consumer by law you have the right to cancel your contract before you receive the Products or to return any Products to us within 7 working days after the date of receipt of the Product. It is your responsibility to take good care of the Products to ensure that the Products and their packaging are not damaged. If you have already received the Products from us and wish to return it please follow our returns policy set out in clause 8. Your right to cancel shall not apply to.
5.1.1. Products supplied to your specification or which are personalised.
5.1.2. Products which are liable to deteriorate rapidly including, but not limited to, flowers.
5.2. Once you have notified us that you are returning the Products the cost of the Products will be re-credited to your credit or debit card as soon as possible and in any event within 30 days of your order provided that the Products in question are returned by you and received by us. If you do not return the Products delivered to you or you do not pay the cost of returning them we shall be entitled to deduct the direct costs of recovering the Products from the amount to be re-credited to you.
6. CANCELLATION BY US
6.1. We reserve the right to cancel the contract between us if:
6.1.1. we have insufficient stock to deliver the Products you have ordered; or
6.1.2. the price or description of the Products was listed incorrectly due to a typographical error or an error in the pricing information received by us from our suppliers.
6.2. If we do cancel your contract we will notify you as soon as is reasonably possible and refund any sum paid by you to your credit or debit card. We will not be obliged to offer any compensation for loss or disappointment suffered by you.
7. OUR LIABILITY
7.1. We will not be liable for any loss you suffer through failure to use the Products in a normal and proper manner or through altering or modifying the Products, failure to follow any guidelines or using the Products in a careless or negligent manner.
7.2. Our liability to you for death or personal injury caused by our negligence is not limited.
7.3. Our liability to you other than for death or personal injury caused by our negligence is limited to the cost of replacement of the Products or refund of the price paid for the Products.
7.4. We will not be responsible for:
7.4.1. any other loss you suffer through our failure to comply with the terms of this contract. In particular we will not have any liability for any loss that was not a reasonably foreseeable consequence of our failure to comply with the contract such as any loss of profit, opportunity or liability to any third party; or
7.4.2. any failure to deliver Products or delay due to any event or circumstance beyond our reasonable control.
8.1. If any part of these Terms are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
9.1. All notices from you to us must be in writing to our contact address at: Flowers By Moonstones, 1b Fareham Park Road, Fareham, Hampshire, PO15 6LA or email address at: email@example.com and all notices from us to you will be displayed on our Website from time to time.
10. EVENTS BEYOND OUR CONTROL
10.1. We shall have no liability to you for any failure to deliver Products you have ordered or any delay in doing so or for any damage or defect to Products delivered if caused by any event or circumstances beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown or systems or network access, flood, fire, explosion or accident.
11.2. By placing an order via farehamflorists.co.uk you are agreeing to receive promotional information from Moonstones Ltd via email. Please send an email to firstname.lastname@example.org if you do not wish to receive promotional information.
12. THIRD PARTY RIGHTS
12.1. A person who is not a party to this agreement has no right under Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
13. GOVERNING LAW
13.1. The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
Moonstones Ltd. Registered in England 5580124.
©Moonstones Ltd. Designed by Config Computer Services Ltd.