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|Terms and Conditions|
Terms and Conditions for use of this website
ATTENTION: This legal notice applies to the entire contents of the Website under the domain name ab-fabflowers.co.uk (the Website) and to any correspondence by e-mail between You and us.
This notice is issued by Ab Fab Flowers. Using this Website indicates that You accept these Terms. If You do not accept these Terms, do not use this Website.
The Company may revise these Terms at any time by updating this posting. You should check the Website from time to time to review the then current Terms, because they are binding on You.
1.1 By accessing any part of the Website, You shall be deemed to have accepted this legal notice in full. If You do not accept this legal notice in full, You must leave the Website immediately.
1.2 You warrant that You are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Website in accordance with all Terms.
1.3 You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, You must provide and are responsible for all equipment necessary to access the Website.
1.4 The Company makes no guarantee that the Website will be continuously accessible – without interruption or delay – and completely error free 100% of the time. The Company accepts no liability or responsibility for any breaches of security, interruptions or delays, or errors, which You might experience on the Website.
1.5 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
1.6 The Company reserves the right to modify or withdraw, temporarily or permanently the Website (or any part of it) with or without notice and shall not be liable to You or any third party for any modification or withdrawal of the Website.
2 PERSONAL USE ONLY
2.1 You agree not to modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, software, products, or services obtained from the Website.
2.2 As a condition of Your use of this Website, You warrant to the Company that You will not use this Website for any purpose that is unlawful or prohibited by these Terms.
2.3 You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer to prevent unauthorised access following 'Remember Me' registration.
2.4 You warrant that the Personal Information that You provide when You place an order is accurate and complete in all respects and You will notify the Company of any changes to Your Personal Information.
2.5 You agree not to impersonate any other person or to use a false name that You are not authorised to use.
3. USE OF MATERIAL APPEARING ON THE WEBSITE AND INTELLECTUAL PROPERTY POLICY
3.1 The Website, its visual design, layout, look, appearance and graphics used in connection with the Website is either the exclusive property of the Company or licensed by the Company.
3.2 Any content contained in sponsor advertisements or any information presented to You through the Website is protected by copyright, trademarks, service marks, patents or other proprietary rights.
3.3 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website are owned by or licensed to the Company. This includes all text, graphics, images, photographs, video and sound material.
3.4 It is a breach of copyright to use photographic images found on any part of the Website without gaining the Company’s prior permission. If You would like to use an image found on the Website, please contact the Company for further details.
3.5 If You breach any of these Terms Your permission to use the Website and any extracts of material from it terminates and You must immediately destroy any downloaded or printed extracts from the Website.
4 VISITOR MATERIAL AND CONDUCT
4.2 You are prohibited from posting or transmitting to the Website any material:
4.2.1 that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial and/or religious hatred, discriminatory, blasphemous, in breach of confidence, in breach of privacy or which otherwise may cause annoyance or inconvenience; or
4.2.2 for which You have not obtained all necessary licences and/or approvals; or
4.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party, in the UK or abroad; or
4.2.4 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).
4.3 You may not misuse the website (including, without limitation, by hacking).
4.4 The Company will fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity and/or location of anyone posting any material in breach of Clauses 4.2 or 4.3 above.
5 LINKS TO THIRD PARTY WEBSITES
5.1 This Website contains hyperlinks to websites operated by parties other than the Company. The Company does not control such websites and is not responsible for their contents, availability or Your use of them. The Company's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such Websites or any association with their operators.
5.2 Links to third party websites on this Website are provided solely for Your convenience. If You use these links, You leave this Website. If You decide to access any of the third party websites linked to the Website, You do so entirely at Your own risk.
6. LINKS TO THE WEBSITE
6.1 If You would like to link to the Website, You may only do so on the basis that You link to, but do not replicate, the home page of the Website, and subject to the following conditions:
6.1.1 You do not remove, distort, otherwise alter the size
or appearance of the Company logo;
6.1.2 You do not create a frame or any other browser or border environment around the Website;
6.1.3 You do not in any way imply that the Company is endorsing anything other than its own operations;
6.1.4 You do not misrepresent Your relationship with the Company nor present any other false information about the Company;
6.1.5 You do not otherwise use the Company name and logo without express written permission from the Company;
6.1.6 You do not link from a website that is not owned by You;
6.1.7 Your website does not contain content that is distasteful, offensive or controversial, or which infringes any intellectual property rights or other rights of any person or which otherwise does not comply with all applicable laws and regulations.
6.2 The Company expressly reserves the right to revoke the permission granted in Clause 6.1 if You breach the terms set out therein, and to take any action in respect of such breach as it deems appropriate.
6.3 You agree to compensate the Company for any loss or damage suffered by the Company as a result of Your breach of the terms of Clause 6.1.
7 INFORMATION MANAGEMENT AND SECURITY
7.2 When the Company asks You to submit financial information, such as Your credit or debit card number the Company uses industry standard technology for secure commercial transactions. This encrypts data, including Your credit or debit card number. The Company will not be liable for any unauthorised transactions made using Your personal or financial details. Most banks or credit card providers either cover all charges resulting from such unauthorised use or limit Your liability to a maximum amount. Refer to Your credit or debit card agreement to check Your coverage liability.
7.3 Your dealings with any third parties via the Website and any terms or conditions agreed with, or representations given by, them, are solely between You and such third parties. The third party will be responsible for protection and security of Your personal data or financial details which they collect. You agree that the Company is not liable for such dealings.
8 DISCLAIMER OF LIABILITY
8.1 By entering the Website You agree that under no circumstance will the Company or its agents, officers or employees be held liable or responsible for: any content contained on or omitted from the Website; any person’s reliance on any such content, whether or not the content is complete, current or correct; any viruses or defects that may be found to exist on the Website.
8.2 All information found on the Website is intended for guidance only. The Company will not be liable or responsible for any damage or loss caused as a result of Your doing, or not doing, anything as a result of reading, viewing or listening to any material, or any part of it, on the Website.
8.3 The Company is not liable or responsible for any inaccuracies, errors (including typographical errors) or omissions, or for the results obtained from the use of the Website or its content. All content and any of the services included in, advertised on, or available through the Website are provided "as is" and "as available", with absolutely no guarantee of completeness, accuracy (either when posted or with the passage of time), timeliness or of the results obtained there from, and excluding, to the maximum extent permitted by law, 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 might have effect in relation to the Website.
8.4 All content, and any advice received via the Website, are not intended, and should not be relied upon, for any personal, professional, legal, or religious decisions You may wish to make. Instead You should consult an appropriate professional in order to obtain specific advice tailored to Your situation.
8.5 Material on the Website may be susceptible to data corruption, interception and unauthorised amendment for which the Company does not accept liability or responsibility. The Company does not accept liability or responsibility for the presence of any computer viruses contained in any material on the Website, whether it is read, viewed, listened to, copied, downloaded, printed or accessed in any other way. The Company does not accept liability or responsibility for any losses caused as a result of any computer viruses contained in any material on the Website.
8.6 Advertisements (including banner adverts and pop-ups) featured on the Website do not imply endorsement of the services or products advertised. The Company will not be liable or responsible for services or products advertised nor will the Company be liable or responsible for any damage to Your computer equipment, software, data or other property as the result of Your viewing, or responding to, advertisements (including banner adverts and pop-ups) featured on the Website.
8.7 The Company does not guarantee that the Website will be compatible with all hardware and software that may be used by You. The Company will not be held liable or responsible for any damage to Your computer equipment, software, data or other property as the result of Your access to, use of, or browsing of any material on the Website.
8.8 If Your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, You shall be responsible for all costs thereof.
8.9 Nothing in these Terms shall exclude any liability of the Company, which cannot be excluded or limited under applicable law.
9.1 The Company shall not be liable for:
9.1.1 any loss of profit, business, revenue, goodwill, data or anticipated savings (whether direct, indirect or consequential); or
9.1.2 any indirect or consequential loss or damage, or other claims for consequential compensation whatsoever 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.
9.2 Nothing in these Terms shall exclude or limit the Company’s liability for:
9.2.1 death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
9.2.2 fraud; or
9.2.3 misrepresentation as to a fundamental matter; or
9.2.4 any liability, which cannot be excluded or limited under applicable law.
10.1 These Terms shall be governed by and construed in accordance with English law, and disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.
ORDER TERMS AND CONDITIONS
These terms and conditions (the "Terms and Conditions") are the terms and conditions upon which Ab Fab Flowers ("we/us") makes this website (the "Ab Fab Flowers Site") available to you and any of our services which are accessible on or via the Ab Fab Flowers Site (the "Ab Fab Flowers Service").
These Terms and Conditions govern your use of the Ab Fab Flowers Site and the Ab Fab Flowers Service.
1. Ab Fab Flowers products
1.1 All Ab Fab Flowers Products as depicted on this website (as may be varied from time to time) are available almost everywhere in the UK, Channel Islands, Ireland and Isle of Man - or as otherwise directed.
1.2 Certain Ab Fab Flowers Products may be delivered by us in bud to ensure longer life.
1.3 Some Ab Fab Flowers Products, Flowers and Plants may be harmful or poisonous, if you require further information before submitting an order please contact the Ab Fab Flowers Customer Service Team using the contact details set out in Section 6 below.
1.4 All Ab Fab Flowers Products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute an Ab Fab Flowers Product of equivalent value and quality without notice.
1.5 In the event that we are unable to supply the Ab Fab Flowers Product or any substitute product to you at all, 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.
1.6 Products are delivered next day unless other delivery service requested.
2.1 Prices listed within the Ab Fab Flowers Service are valid for a maximum of 14 days of submitting your purchase form.
3. Orders / Payment
3.1 You will be given clear instructions to follow to navigate the Order Form and you shall be required to provide us with your complete personal details, including accurate postcode, together with those of the intended recipient and all necessary payment details. We accept payment by all major credit and/or debit cards other than Electron, department store cards and any other credit and/or debit cards as we may specify from time to time. By clicking on the 'check out' button on the Order Form, you are consenting to be bound by our terms and conditions contained in these Terms and Conditions and appearing anywhere on the Ab Fab Flowers site.
3.2 Submitting your Order Form is subject to our acceptance of this offer when we issue a written confirmation of acceptance by e-mail to the e-mail address with which you have addressed us. This message will re-confirm elements of the order(s) you have placed including confirmation of your card message. We will not consider ourselves bound by a contract with you until we have issued this confirmation.
3.3 We will confirm your order details and advise you that we are processing your purchase when we e-mail you.
3.4 We cannot accept Order Forms from customers under the age of eighteen (18) years.
4.1 Except where stated, Standard Delivery is next day, and a charge of £3.95 will be applicable within the UK, Ireland, Isle of Man and Channel Islands. If you request delivery to remote areas which are not normally delivered to by Ab Fab Flowers you will be advised of any additional charges as soon as possible upon receipt of your Order Form. Selected products are not available for delivery to certain areas - where possible we will advise you of these restrictions before you place your order.
4.2 On acceptance by us of your Order Form we will advise you by e-mail confirmation of the intended delivery date. Where same day delivery is available for the product you are ordering for delivery within the UK, Ireland, Isle of Man and Channel Islands we must receive your Order Form by 2pm (prevailing British local time). Delivery of selected alcohol products will be made within a 48 hour period of the requested delivery date - if this is the case for the product you are ordering we will advise you before placing your order. We will process Order Forms received on Sundays or Public Holidays the next working day. We do not deliver on Sundays or public holidays but in this case we will deliver the Ab Fab Flowers Product you request on the next working day. For deliveries made by courier or Royal Mail please allow up to 48 hours from the requested delivery date. Certain areas of Scotland, Ireland and Wales - allow an additional 48 hours after the requested delivery date.
4.6 Incorrect personal details may lead to problems or delays in delivery, so before placing your order, please ensure that you have included the full address details, including accurate postcode of the intended recipient and telephone number, together with your daytime contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered.
4.7 Certain products will be delivered during a delivery period, providing delivery within a time frame around your preferred delivery date - if this is the case for your order, we will advise you prior to, or during the order process.
4.8 Whilst we agree to use all reasonable endeavours to ensure that delivery will be on the requested delivery date or during the delivery period, you acknowledge that actual delivery will be via a local florist or for certain orders via third party courier or postal service (including, but not limited to items from the Simply Ab Fab Flowers, plants & wine ranges). In very occasional circumstances delivery on the requested terms will not be possible, in such circumstances you will be given prior notice wherever possible and we shall either make alternative arrangements or shall reimburse your payment in full in accordance with clause 1.5 above. Goods delivered via third party services are despatched 24 hours before the requested delivery date for most UK mainland addresses. For deliveries via third party to Northern Ireland, Wales and some areas of Scotland, please allow up to an additional 48 hours after the requested delivery date for delivery to be made.
4.9 In the case of delivery to certain locations where a third party is involved, such as offices, hospitals, Funeral Directors, airports, hotels, ships and other business locations, the signature of any person authorised to accept delivery on behalf of the organisation shall be accepted as proof of delivery to your chosen recipient. Please be advised that we are unable to deliver wines, and plants to Funeral Directors, Hospitals, airports or ships.
4.10 Please note that the carrier is only responsible for delivering against signature to the address you quote (or an imminent neighbour if no one is at home) we regret that where the goods have been correctly delivered we can not accept responsibility if the intended recipient has moved, or lives elsewhere, and the actual received refuses or fails to return item(s).
4.11 Where the carrier is unable to find someone to accept delivery they will either deliver to a neighbour or leave a card at the address for the recipient to make contact.
4.12 In respect of orders outside the UK, Channel Islands and Ireland, delivery shall be made as soon as is reasonably practicable but you acknowledge that delivery on the intended delivery date, particularly in respect of orders received for same day delivery or for Sundays and Public Holidays, cannot be guaranteed.
4.13 It is possible to select a preferred delivery time within the order process for items ordered from the 'Sympathy' &'Funeral' product ranges. This option should be used only for orders requesting delivery to funerals or funeral parlours. Whilst every effort will be made to ensure your order is delivered prior to the time selected, no guarantee for delivery by the time specified can be given. To assist us in meeting your preference, please ensure your order is placed at least two working days prior to the preferred delivery time.
4.14 In the instance of there being difficulties in delivering your order to the intended recipient we (including the florist or third party delivering your order) reserve the right to contact the recipient using the contact details you provide on the Order Form.
4.15 When placing your order you are able to specify further delivery information using the 'Delivery Information' field provided. This is intended to provide further guidance to the party delivering your order which isn't included within your address information – for example to specify floor number, or hospital ward. We reserve the right to not action any delivery requests specified in this field which we deem unacceptable and will use other elements of address information provided elsewhere on the order form to fulfil your order.
4.16 Certain Ab Fab Flowers Products, will be delivered by courier or Royal Mail, including Simply Ab Fab Flowers, Plants & Fine Foods of the World.
4.17 Before placing your order, please review delivery cut-off times & prices - accessed from the Product Details page of each product.
5.1 Orders may be amended or cancelled up to 24 hours before the intended delivery date for UK, Ireland and Channel Islands (3 working days notice for Simply Ab Fab Flowers orders). Where delivery is to be made via courier, Royal Mail or other third party carrier orders can be amended or cancelled up to 3 working days prior to delivery date requested - this applies to products such as plants, & wines. Where delivery is to be made outside UK, Ireland and Channel Islands please provide notification 48 hours before the intended delivery date.
5.2 To amend or cancel your order, please contact the Ab Fab Flowers Customer Service Team from 8am until 6pm Monday to Friday and 9am until 5pm on Saturday using the contact details set out in Section 6 below.
5.3 You are entitled to cancel any payment at any time where fraudulent use has been made of your credit or debit card by another person not acting on behalf of you or as your agent and to be re-credited by us to the extent that such sums are not reimbursed by the card issuer in such circumstances.
5.4 After despatch and delivery you may cancel your order for any reason provided:-
5.4.1 You or the recipient notifies us of your cancellation in writing/e-mail to the address below within seven working days of delivery
5.4.2 The goods remain unused and components parts are unopened
5.4.3 You or the recipient retain and take reasonable care of the goods until collected by our carrier
5.4.4 You are reasonable in making the goods available for collection by our carrier who will collect only during the daytime on working days (not Saturday, Sunday or Bank Holidays) with in 21 days of notifying us of the cancellation. We will pay the cost of the collection unless you or the recipients fail to facilitate the collection within 21 days of the cancellation
6. Ab Fab Flowers customer services
6.1 In the event that you are not satisfied with the Ab Fab Flowers Service any complaints should be addressed in the first instance to:
By email: email@example.com
By telephone: 01634 671114
By fax: 01634 671119
By post: Customer Care
Ab Fab Flowers
361 Walderslade Road
Kent ME5 9LW
6.2 Our Customer Service Team is available from 9am until 6pm Monday to Friday and 9am until 5pm on Saturday.
6.3 Because of the perishable nature of most Ab Fab Flowers Products and in order to assist us in resolving any complaints quickly and to our mutual satisfaction, we advise you to make any complaint within 1 working day of the date of delivery or intended delivery of your purchase.
7.1 Whilst we agree to use our reasonable endeavours to ensure that the Ab Fab Flowers Site and/or the Ab Fab Flowers Service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the Ab Fab Flowers Site and/or the Ab Fab Flowers Service and shall be released from our obligations under these Terms and Conditions in the event of any cause beyond our reasonable control which renders the provision of the Ab Fab Flowers Site and/or the Ab Fab Flowers Service impossible or impractical.
7.2 (a) We accept liability for death or personal injury arising from our negligence.
(b) Subject to clause 7.2(a), our liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your Order Form with us shall be limited to a multiple of  times the price you have paid for the Ab Fab Flowers Products.
(c) Subject to clauses 7.2(a) and 7.2(b) above we exclude all liability for any claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly out of or in any way connected with your use or inability to access the Ab Fab Flowers Site and/or the Ab Fab Flowers Service, whether arising in contract, tort (including negligence), under statute or otherwise PROVIDED THAT nothing contained in these Terms and Conditions affects or will affect your or the recipient's statutory rights in relation to the quality, fitness or description of the Ab Fab Flowers Products supplied.
(d) Subject to clauses 1.5 and 4.6 above, we shall not be liable for any delay or inability to perform our obligations to you if such delay is due to any cause whatsoever beyond our reasonable control.
8. Use of Ab-FabFlowers.co.uk discount voucher codes
8.1 'Ab Fab Flowers.co.uk discount voucher codes' (also abbreviated to 'Voucher codes') can only be used against purchases made on Ab-FabFlowers.co.uk.
8.2 Voucher codes may only be redeemed on Ab-FabFlowers.co.uk - we are unable to accept voucher codes through Ab Fab Flowers Telesales or Member shops.
8.3 Voucher codes may be redeemed against purchases for delivery to UK addresses only. Selected voucher codes may be restricted for use against specified products only.
8.4 Voucher codes are restricted to one use per customer and should not be passed on to additional recipients.
8.5 Voucher codes must be entered at the point of placing your order on Ab-FabFlowers.co.uk using the relevant part of the order form.
8.6 We are unable to apply a discount to orders already placed.
8.7 Voucher codes cannot be used in conjunction with any other promotions.
8.8 Only one voucher code may be used per order.
8.9 Where the voucher code entitles you to a percentage discount, the discount will not be applied to the delivery charge ('delivery' includes additional delivery services, which are charged in conjunction with Ab Fab Flowers Delivery, for example 'before 1pm delivery' surcharge).
8.10 Voucher codes may be withdrawn, or suspended without notice for any reason. We will advise you within the order process if we cannot accept the discount code you have entered.
8.11 Selected voucher codes may be restricted for use against specified products such as items from the Simply Ab Fab Flowers range - where possible, details of further restrictions will be communicated at the point where we promote the voucher code to you.
8.12 Voucher codes may also be set by Ab Fab Flowers to a maximum number of redemptions - if we are not able to accept the discount code you have entered for this reason we will advise you accordingly in the order process and the discount will not be applied.
8.13 Vouchers codes cannot be exchanged for a cash alternative.
8.14 We cannot be held responsible for non-availability of Ab Fab Flowers.co.uk which may prevent use of Voucher codes.
9.1 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Ab Fab Flowers Site and/or the Ab Fab Flowers Service from time to time. We will post any changes on the Ab Fab Flowers Site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Ab Fab Flowers Service or Ab Fab Flowers Site. Changes will be effective five (5) hours after the posting of any such change and all subsequent dealings between you and us shall be on the new terms and conditions.
9.2 Additionally, we reserve the right to suspend, restrict or terminate access to the Ab Fab Flowers Site and/or the Ab Fab Flowers Services for any reason at any time.
9.3 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Ab Fab Flowers Site, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect
9.5 A person who is not a party to the agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists apart from that Act.
9.6 Save in respect of fraudulent misrepresentation, this agreement (including any documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets forth the entire agreement and understanding between you and us relating to the subject matter hereof.
9.7 Your purchase will be deemed to have occurred in the UK. These Terms and Conditions shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English courts.