Terms & Conditions
1.1 We offer a collection service from our premises for flowers only. We can also deliver flowers direct to you if you reside locally. For our garden furniture products we ship via a national pallet company, which has a delivery time of 5 to 7 working days. We can arrange for next day Special delivery, please contact us and we will advise you of the cost for this service.
1.2 We endeavour to process your order as quickly as possible and will usually despatch non garden furniture goods within 5 days of receiving the order (subject to receiving satisfactory payment, see section 2 below) or earlier if you are ordering fresh flowers. For our garden furniture products the lead time is around 5 to 7 working days and is subject to change depending upon season. If an item is no longer available or is out of stock we shall inform you and advise you of the expected delivery time. We may contact you by telephone so please ensure that you have provided us a daytime contact number. By placing an order you confirm that you have provided us the correct billing address of your debit/credit card and the correct delivery address.
1.3 We cannot accept responsibility for delays in delivery caused by our suppliers or by any other third party. Hence we cannot be liable for an item that fails to arrive by a required date.
2.1 We accept credit/debit card payments on line and also over the telephone, fax or email. Alternatively you can pay by cheque providing it is drawn on a UK bank and has the cheque guarantee number and expiry date written on the reverse. Please enclose your cheque with the completed order form made payable to “Flower Garden Leeds” and send to:
Flower Garden Leeds
The Beeches
20 Ring Road
Shadwell
Leeds
LS17 8NJ
2.2 Goods will only be despatched once full payment has been received and the cheque has been cleared. Please allow up to 5 working days for us to process your cheque payment.
3.1 We aim to describe each product as accurately as possible. However, where products are made to order (e.g. flower arrangements), the flowers, design and colour may vary from those illustrated. Consequently we cannot be held responsible for any changes to the final product as a result of the above.
3.2 You are responsible for checking that all the personalisation details you have provided are correct (e.g. for flower letters/names or personalised messages). Alterations cannot be made once we have commenced work on personalised products. If you decide that you want to change your order after this has been submitted to us we will endeavour to attempt to implement the change where possible, but cannot guarantee.
3.3 Due to the specialised nature of some of our products, if your order cannot be fulfilled to your specification, we will inform you and propose other alternatives. Should you not be satisfied with the proposed alternatives then you will be entitled to a full refund of any amount paid.
4.1 The risk in the goods shall be passed to you upon delivery of the product. Our liability in relation to delivery will end at this stage. However, we will always retain the title to the goods until payment for the goods has been received at our office and any funds cleared, where applicable. IT IS YOUR RESPONSIBILITY TO CHECK THE GOODS UPON DELIVERY. WE CANNOT ACCEPT ANY CLAIM FOR DAMAGED GOODS UNLESS NOTIFIED TO US WITHIN 24 HOURS OF ACCEPTING DELIVERY. THIS CONDITION IS IMPOSED BY OUR CARRIERS.
Change Of Mind
5.1 We are fully compliant with the Consumer Protection (Distance Selling Regulations) Act 2000, which allows for a 14 day “cooling off” period. If you decide to return an item due to a change of mind then you must contact us first by telephone anytime up to 14 working days starting the day after delivery. Once we have confirmed that the goods can be returned, you must ensure that the item returned is unused and in perfect re-saleable condition with all the original packaging and instructions, otherwise we will be unable to refund you. Upon satisfactory receipt of the goods we shall issue a refund for the cost of the goods only, EXCLUDING ANY DELIVERY CHARGES THAT YOU HAVE PAID, either by cheque or the original method of payment. However, YOU WILL BE RESPONSIBLE FOR THE COST OF RETURNING THE ITEM BACK TO US. If our courier collects the item then we shall deduct a collection fee of £15 from the price of the goods and the balance shall be paid to you.
Please note that the above returns policy does not apply to fresh flower orders. We are unable to accept returns of fresh flower products.
If you decide to arrange your own delivery then we would strongly recommend that you obtain a “Proof of postage” certificate from the Post Office (free of charge) as this will be required in the event of making a claim against Royal Mail for lost or damaged returns.
5.2 In the case of personalised products or any item that has been made to your specification, we regret that we are unable to provide a refund on these items. Such items are excluded from the Distance Selling Regulations Act 2000. If you are in doubt about placing an order for a personalised product then please contact us and we will be glad to assist you and provide further details.
Damaged Goods
5.3 Our policy on returns does not affect you Statutory Rights as a consumer. If the goods are received damaged then we will offer you a full refund or if you prefer an alternative product. In such as case please contact us by phone on 0113 265 8318 in the first instance. Please note that you must notify us of the damage by telephone WITHIN 24 HOURS OF ACCEPTING DELIVERY. We are unable to entertain any claim for damaged goods after this time period. This is a condition imposed by our carriers.
We will then decide the most cost effective method for returning the product back to us. Once we have decided the method of return we shall pay for the reasonable return carriage of the goods. When returning an item back to us please enclose all the packaging, instructions, leaflets etc that came with the product, together with a brief explanation of the fault. If you decide to arrange your own delivery we recommend that you obtain a Proof of Postage from the Post Office when returning the item back to us as we would be unable to refund you the postage costs without this certificate.
In the case of personalised products or any item that has been made to your specification, we regret that we are unable to provide a refund on these items. Such items are excluded from the Distance Selling Regulations Act 2000. If you receive such an item that has been damaged then will repair or replace the product. Where this is not possible, a full refund will be offered.
Faulty Goods (not applicable to fresh flower products)
In the unlikely event of your item developing a fault, our policy for faulty items is set out as follows:
5.4 If your product develops a manufacturing fault within 7 days of accepting delivery we will offer you a full refund or a replacement item.
5.5 If your product develops a manufacturing fault after 7 days of accepting delivery, but within 3 months, we will aim to repair the product by sending out replacement parts to the customer’s address. Where this is not possible we will undertake the carriage costs incurred to get the item back to our warehouse for repair. We will aim to get the item repaired and back to you within 28 working days and if this does not happen we will replace the item. Where a replacement is not available a full refund will be offered.
5.6 Our warranty does not cover any item that is over 3 months old, unless there is a separate manufacturer’s warranty in place. Please check with us and we shall advise if such a warranty applies to your product.
6.1 We reserve the right not to produce any order that we deem unacceptable. In such circumstances we will refund in full the amount you have paid.
6.2 We reserve the right to alter our terms and conditions, products and prices without giving prior notice. It is your responsibility to check whether there has been any variation to any of our terms and conditions.
6.3 Flower Garden Leeds will attempt to ensure that the details on the website are accurate and up to date. However, we cannot guarantee that our website is free of any discrepancies. We do not make any warranties that our site is free of viruses or other disruptive properties. We therefore cannot be held responsible for errors or omissions.
6.4 All warranties, whether made expressly or by implication in respect of this website or the content, information or products included in the website including, without limitation, warranties regarding merchantability and fitness for specific purpose are hereby excluded as far as permitted by law. This does not affect your statutory rights as a consumer.
6.5 Our liability in contract, negligence, tort, pre-contract or other representations or otherwise arising in connection with the supply or contemplated supply of goods shall be limited in aggregate to all the sums paid by you to us. We cannot be held liable for any consequential or indirect loss, whether this be loss of business, profits, or damages of any kind whatsoever in contract, tort or otherwise arising out of the use of our website or the products and services offered. Nothing in these purchase terms shall exclude or limit liability for death or personal injury resulting from our negligence or fraudulent misrepresentation.
6.6 Our terms and conditions are governed by the laws of England and you hereby consent to the exclusive jurisdiction of the English Courts.
7.1 Flower Garden Leeds maintains very high standards for the protection of your privacy over the Internet. The purpose of this statement is to explain what information we collect and how we deal with it.
Who we are
7.2 Flower Garden Leeds is a family florist operating in the Leeds area. Flower Garden Leeds is a trading name of Hibba Toys (UK) Limited, registered in England, number 04966977.
7.3 Flower Garden Leeds gather and process your personal information in accordance with this privacy notice and in compliance with the relevant data protection Regulation and law. This notice provides you with the necessary information regarding your rights and obligations, and explains how, why and when we collect and process your personal data.
Information we collect
7.4 By using our Website, you consent to the collection and use by Flower Garden Leeds of any information you provide.
7.5 If we decide to change our privacy policy, we will update the information on this page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it.
7.6 Flower Garden Leeds processes your personal information to meet our legal, statutory and contractual obligations and to provide you with our products and services. We will never collect any unnecessary personal data from you and do not process your information in any way, other than already specified in this notice.
7.7 The personal data that we collect from is: –
- Name
- Address
- Email Address
- Telephone Number
- Your account password
- Mobile Telephone Number
We collect information in the below ways: –
- Online forms and orders placed via the online shop
- Orders or enquiries made over the telephone.
How We Use Your Personal Data (Legal Basis for Processing)
7.8 Flower Garden Leeds takes your privacy very seriously and will never disclose, share or sell your data without your consent, unless required to do so by law. We only retain your data for as long as is necessary and for the purposes specified in this notice. Where you have consented to us providing you with promotional offers and marketing, you are free to withdraw consent at any time.The purposes and reasons for processing your personal data are detailed below: –
We collect your personal data in the performance of a contract or to provide a service and to ensure that orders are completed and can be sent out to your preferred address.
These companies and individuals will have access to the personal information they need to perform these functions, but they may not use it for any other purposes and are required to process the data in accordance with the UK ‘s Data Protection legislation.
We will only provide your contact details to third parties for marketing purposes if you have given us permission to do so.
Service providers
7.9 We work with carefully selected Service Providers that carry out certain functions on our behalf. These include, for example, companies that help us with technology services, storing and combining data, processing payments, credit checking and those who provide service on our behalf such as delivering orders to your premises. We only share personal data necessary to enable our Service Providers to provide their services.
Third party organisations that provide IT services and applications, administrative functions and support.
7.10 We use third parties to support us in providing our services and to help provide, run and manage our internal IT systems. For example, providers of information technology, cloud based software as a service providers, identity management, website hosting and management, data analysis, data back-up, security and storage services. The servers powering and facilitating that cloud infrastructure are located in secure data centres around the world, and personal data may be stored in any one of them.
7.11 We employ other companies and individuals to perform functions on our behalf. These functions include fulfilling orders, delivering packages, sending postal mail and emails, removing repetitive information from customer lists, analysing data, providing marketing assistance, processing credit card payments and providing customer services.
Sharing personal data with other organisations
7.12 This section explains how and why we share personal data with other organisations.
We may share personal data with other organisations in the following circumstances:
- if the law or a public authority says we must share the personal data;
- if we need to share personal data in order to establish, exercise or defend our legal rights (this includes providing personal data to others for the purposes of preventing fraud and reducing credit risk);
We collect and store your personal data as part of our legal obligation for business accounting and tax purposes.
Your rights
7.13 You have the right to access any personal information about you and to request information about: –
- What personal data we hold about you
- The purposes of the processing
- The categories of personal data concerned
- The recipients to whom the personal data has/will be disclosed
- How long we intend to store your personal data for
- If we did not collect the data directly from you, information about the source.
7.14 If you believe that we hold any incomplete or inaccurate data about you, you have the right to ask us to correct and/or complete the information and we will strive to update/correct it as quickly as possible; unless there is a valid reason for not doing so, at which point you will be notified.
7.15 You also have the right to request erasure of your personal data or to restrict processing in accordance with data protection laws, as well as to object to any direct marketing from us and to be informed about any automated decision-making that we use.
7.16 If we receive a request from you to exercise any of the above rights, we may ask you to verify your identity before acting on the relevant request; this is to ensure that your data is protected and kept secure.
Sharing and Disclosing Your Personal Information
7.17 We do not share or disclose any of your personal information without your consent, other than for the purposes specified in this notice or where there is a legal requirement. Any processors that act on our behalf only process your data in accordance with instructions from us and comply fully with this privacy notice, the data protection laws and any other appropriate confidentiality and security measures.
Safeguarding Measures
7.18 Flower Garden Leeds takes your privacy seriously and we take every reasonable measure and precaution to protect and secure your personal data. We work hard to protect you and your information from unauthorised access, alteration, disclosure or destruction and have several layers of security measures in place.
How Long We Keep Your Data
7.19 Flower Garden Leeds only ever retains personal information for as long as is necessary and we have strict review and retention policies in place to meet these obligations.
7.20 Where you have consented to us using your details for direct marketing, we will keep such data until you notify us otherwise and/or withdraw your consent.
7.21 The use of cookies enables us to keep track of your shopping patterns and thus identify you. Should you wish to, you can disable cookies through the browser settings.
Marketing and How We May Contact You
7.22 Given how we operate our business, it may be necessary to use the information we have about you in our marketing. Any use of your information for marketing will be both in our legitimate interests and yours. You have a right to object at any time to this use of your information by emailing us on info@flowergardenleeds.com
7.23 Where you have given us your consent or if you have previously purchased from us, we may use your information to contact you about products that you have purchased, to tell you about goods and services which we consider may interest you, our offers available from time to time, or to send you a copy of our annual catalogue. Our marketing communications may be provided to you by email, SMS, post or such other means as we choose.
7.24 In addition to the right to object mentioned above, you will also be provided with the opportunity to opt out of receiving these marketing communications both at the time that you provide your contact information to us and at any time afterwards by clicking on the relevant link provided in an email or SMS or by contacting us at any time. See below:
Opting out
7.25 If you do not wish to receive information from us as explained above, you can update your preferences by contacting us as below:
In writing:
Flower Garden Leeds
The Beeches
20 Ring Road
Shadwell
Leeds
LS17 8NJ
Email: info@flowergardenleeds.com
Call: 0113 2658318
7.26 If you tell us that you do not want to receive any further marketing information from us, we will not contact you further for the purpose of marketing. However, we will not necessarily remove your information from our database(s) if it is necessary to retain the information for other non-marketing purposes such as where we need your information for compliance with our legal obligations. Please note that after you opt out of receiving marketing communications from us, it may take a few days to update our records during which time you may continue to receive marketing communications.
What are cookies and how we use them
8.1 Cookies are data a website can send to your web browser and may be stored on your hard drive. They can be used to keep track of a user’s “session” and interaction with a website.
8.2 We may use cookies to enhance your user experience and to ensure the smooth operation of our website and services.
8.3 This website uses statistical tools such as Google Analytics to help analyse how visitors use our Flower Garden Leeds website and will collect standard Internet log information and visitor behaviour information in an anonymous form. The information generated by the cookie about your use of the website (including IP address) may be transmitted, always in a secure manner and in a way that ensures you remain anonymous, to the analytics company such as Google. This information is then used to evaluate visitor’s use of the website and to compile statistical reports on website activity for www.flowergardenleeds.com
8.4 We will never use the statistical analytics tool to track or to collect any Personally Identifiable Information (PII) of visitors to our site. Google and/or other analytics companies will not associate your IP address with any other data held by them. We will not associate any data gathered from this site with any Personally Identifiable Information from any source, unless you explicitly submit that information (by completing a form on our website).
8.5 You may choose to accept or decline cookies; however, the majority of web browsers automatically default to accept them. Nevertheless, you can usually modify your browser setting to decline cookies. Be aware that if you reject cookies by changing your browser settings then this may disable some of the functionality on our website and affect your user experience.
