Opening Statements Terms & Conditions
TERMS OF SERVICE
PLACING YOUR ORDER
1.1 When you submit your order by clicking on the ['Place My Order'] button or by calling our customer services team, you are consenting to be bound by our terms and conditions contained in these Terms and Conditions and appearing elsewhere on the Opening Statements Website.
1.2 Your order to us is an offer which we may or may not accept and we will not be bound by a contract with you until and unless, we have received from you all the payment details we require for the goods ordered by you, your payment to us has been authorised by your card issuer and we have issued an email acknowledging your order. Your order will not be processed if full payment details are not received by us.
1.3 Orders placed on Saturdays, Sundays or Bank Holidays will be treated as having been received on the following working day.
1.4 An order will be acknowledged via e-mail confirming your details, provided you have supplied us with a correct e-mail address, which is most important. Our e-mail will provide an order reference number for any future correspondence. All prices and charges will be calculated of those ruling at the time at which you place your order.
1.5 For your order to be processed and delivered on the requested date, you must supply us with all the relevant details we request, including full delivery details, postcode and telephone number.
1.6 At our discretion from time to time, we may offer products at discounted prices. These offers are valid from the time that we introduce them to the end date of the offer and they cannot be used for purchases before the offer introduction date or after the offer end date.
1.7 In the event that you have made a purchase and the price of a product falls or is discounted due to a special offer, the price of the product at the time of purchase shall 'prevail'. We are unable to offer special offer discounts for purchases that have already been made. As our special offers are often made available due to the availability of products, we may change the terms of special offers, or withdraw them altogether, at any time and without prior notice. We also reserve the right to offer different personalised special offers and promotions and it will therefore only be possible for the customer in receipt of the special offer to redeem the discount.
2.1 Payment may be made by any of the methods indicated on the payment page of the Website and will be debited when you submit your order.
2.2 Occasionally credit cards that are entered correctly and have sufficient funds are not validated because the card issuer is performing a random security check. In these cases, we will need to take payment over the phone. We will email or call you in these circumstances. If you receive a message to tell you that payment has not been validated, please contact us on +44 (0)20 7458 4528 immediately to ensure your order can be attended to.
2.3 Due to time differences, payments made out of office hours, or problems getting hold of you via the contact details you have provided, we are sometimes unable to process a valid payment prior to the requested delivery date. If this is the case, once we have received payment, we will dispatch the goods ordered as soon as we can to minimise any further delay. Although this delay is regrettable, it is outside our control and therefore we cannot offer any form of refund in these circumstances.
CHANGES & CANCELLATIONS
3.1 If you wish to make any changes to your order please call us on +44(0)20 7458 4528. Please note that any changes to your order (delivery address, gift message) must be made at least 2 working days prior to delivery to ensure that we have time to amend the order prior to dispatch. We cannot guarantee to accept changes made to your order after that time. Any change to your order may affect the price to be paid by you and our acceptance of your requested change will then be subject to any additional price or charge being received by us
3.2 Only requests for cancellations that are made at least 2 working days before the intended delivery date will be considered by us. Although we will usually accept such a cancellation we do not guarantee to do so on every occasion. Where a requested cancellation is received by us on a Saturday, Sunday or Bank Holiday it will be treated as having been received on the following working day. To request order cancellation, please call +44 (0)20 7458 4528.
4.1 A recipient signature will be required for deliveries.
Should the recipient be away at the time of delivery, a card will be left stating attempted delivery was made.
5.1 All products are subject to availability, and acceptance of your order. In the event of any supply difficulties or if the products we have received from our suppliers that are needed to make up your order do not meet our high quality standards, we reserve the right to substitute an alternate product of a similar style and equivalent (or greater) value and quality. Flowers may be delivered in bud to ensure longer life.
5.2 Where substitution of goods is necessary, we will try to contact you. If you wish to discuss the substitution we have made, please contact us. If we are unable to contact you via the contact methods provided prior to the time that we make up your order, we will assume that you accept the substitution.
6.1 Neither we, nor any courier or postal service that we use shall be liable for any failure or delay in performance where such failure or delay results from any circumstances outside our reasonable control, including, but not limited to, any fire, flood, explosion, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, government act, act of war, terrorism, act of God, or from any industrial dispute or strike whatsoever.
7.1 You must agree that any messages provided by you to be sent by us on your behalf to a third party will not contain anything which could be construed as harassing, threatening, vulgar, abusive, obscene, defamatory, racist or which may cause embarrassment or distress to any person or are otherwise unlawful or objectionable.
7.2 You are entirely responsible for any such message and we accept no liability whatsoever for any such content. We do not routinely screen messages, but may monitor content from time to time. We have the right to refuse to send or display messages and terminate access to the relevant services at any time and without liability to you in the event that any message seems to us to be objectionable.
8.2 At the checkout, we ask for the following personal information:
Customer email address - we use this information for the purpose of order acceptance, informing you of the order status and in the event that we need to make substitutions.
Customer full name and address - we use this information for credit card validation and for direct mailing (if you have agreed to receipt of these mailings).
Customer telephone number (and mobile number) - we use this information to contact you in the event of problems with the order such as payment failures or delivery problems.
Recipient full name and address - we use this information in order to be able to deliver the goods you have ordered.
Recipient telephone number - we use this information to contact the recipient in the event of a problem delivering your order. We will not contact the recipient under any other circumstances.
DEALING WITH PROBLEMS
9.1 Although we do our best to ensure that this does not happen, on rare occasions, goods arrive at their destination damaged. If the recipient receives damaged goods, please contact us immediately so that we can arrange a replacement for the next available delivery date.
9.2 In order for us to resolve any complaints quickly and to our mutual satisfaction, and in view of the nature of the goods we deal in, we request that you make any complaint within 1 day of the date of delivery or intended delivery of your purchase.
9.3 Because of their perishable nature, flowers are non-returnable. This does not affect your statutory rights. If you are not completely satisfied with the goods we supply please call us on +44 (0)20 7458 4528 from 9am to 5pm, Monday to Friday, quoting your order reference number or email us on firstname.lastname@example.org. We are able to replace flowers with flowers of equal value or refund them.
LIMITATIONS & EXCLUSIONS
10.1 We use our reasonable endeavours to ensure that the Opening Statements Website and/or the services we provide (Services) are fully operational and error-free but we cannot guarantee this and, therefore, accept no responsibility for any errors, defects and/or interruption of the Opening Statements Website or Services.
10.2 We accept liability for death and/or personal injury arising from our negligence and from that of our employees, servants or agents and for all liability arising from any fraudulent representation we may make.
10.3 Subject to clause 10.2, our liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your order placed with us or in connection in any way with the Services shall be limited to a multiple of 2 times the price you have paid for the relevant Opening Statements Products.
10.4 Subject to clauses 10.2 and 10.3 and to the full extent permitted by the applicable law above we exclude all liability for any and all claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any 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 Opening Statements Website and/or the Services, 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 Opening Statements Products supplied.
WARRANTIES, DISCLAIMERS & INDEMNITY
11.1 Whilst we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy or completeness of the material on this Website. We may make changes to the material on this Website or to any services or prices described in it, at any time without notice. The material on this Website may be out of date, and we do not make any commitment to update this material.
11.2 The content, information and material on this Website is provided "as is" without any conditions, warranties or other terms of any kind.
11.3 Some flower bouquet contents and/or other goods may be harmful if eaten and/or a skin irritant. Please call us on +44 (0)20 458 4528 if you wish to enquire about the safety of contents before ordering.
11.4 You shall fully indemnify Opening Statements Limited, its suppliers, officers, directors, employees, shareholders and agents for any loss or damage suffered by any of them as a result of breach of your obligations under these Terms and Conditions.
INTELLECTUAL PROPERTY & LINKS
12.1 The copyright and other intellectual property rights in all content and material on this Website (including without limitation the name "Opening Statements", photographs, logos, trademarks and graphical images) are owned by Opening Statements Limited or its licensors, unless otherwise stated or indicated. All rights which are not expressly granted in these Terms and Conditions are reserved.
12.2 You may not print and download extracts from or modify any contents from this Website. 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 or used other than for the intended purpose. You may not publish, distribute or otherwise reproduce in any format any of the content or copies of the content of this Website without our prior written permission which we may withhold at our sole discretion.
12.3 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 do not therefore endorse or make any representations about these websites, 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.
12.4 If you would like to create a link to this Website you may not do so without our express prior written agreement which we may withhold at our sole discretion. In any event we expressly reserve the right to revoke any right which we grant to link to this Website at any time for any reason and to take any action that we deem appropriate.
13.1 You may not post on or transmit to this Website anything which:-
13.1.1 is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
13.1.2 involves misusing the Website (including without limitation by hacking) or which attempts to affect the performance or functionality of any computer facilities of or accessed through the Website.
14.1 We have taken every care in the preparation of the content of this Website, in particular prices and product description. Nevertheless some items and colours may vary from those shown.
14.2 We shall have no liability to you in connection with any typographical, clerical or other error or omission in the Website or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us and these matters shall be subject to correction by us at any time.
14.3 We reserve the right to supplement and amend these Terms and Conditions from time to time. We will post any changes on the Website and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Opening Statements Website. Changes will be effective immediately after the posting of such change
14.4 We reserve the right to suspend, restrict or terminate access to the Opening Statements Website and/or the Services for any reason at any time.
14.5 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Opening Statements Website, 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.
14.6 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 of such person which exists apart from that Act.
14.7 Save in respect of fraudulent misrepresentation, this agreement (including any documents referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets out the entire agreement and understanding between you and us relating to the subject matter hereof.
14.8 The headings in these terms and Conditions are for ease of reference only any shall not affect the interpretation and construction of the same.
14.9 Your purchase will be deemed to have occurred in England. These Terms and Conditions and the relevant contract between us 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.
If you have any questions regarding our terms and conditions or have any comments about our Website, please email us at email@example.com or call us on +44 (0)20 7458 4528.
14.10 Opening Statements Ltd is a company registered in England and Wales with Company Number 12885415. Registered Company Address: 71-75 Shelton Street, London, Greater London, United Kingdom, WC2H 9JQ