Terms and conditions for the sale of goods1. Definitions

Buyer: The person who buys or agrees to buy the goods from the seller is the owner of these flowers.
Conditions: The terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the seller.
Goods: The articles which the buyer agrees to buy from the seller.
Price: The price for the goods, excluding VAT and any carriage, packaging and insurance costs.
Seller:
BloomDirect Ltd.
61 Bridge Street
Kington
England, HR5 3DJ
+44 330 1743 162
contact@bloomdirect.co.uk

2. Conditions

2.1 These conditions shall form the basis of the contract between the seller and the buyer in relation to the sale of goods. To the exclusion of all other terms and conditions including the buyer’s standard conditions of purchase or any other conditions which the buyer may purport and apply under any purchase order or confirmation of order or any other document.

2.2 All orders for goods shall be deemed to be an offer by the Buyer to purchase goods from the Seller pursuant to these conditions.

2.3 Acceptance of delivery of the goods shall be deemed to be conclusive evidence of the buyer’s acceptance of these conditions.

2.4 These conditions may not be varied except by the written agreement of the seller.

2.5 These conditions represent the whole of the agreement between the seller and the buyer. They supersede any other conditions previously issued.

2.6 The governing law that applies to the relationship between buyer and seller is the ‘Supply of Goods and Services Act 1982’ from the United Kingdom.

3. Price

33.1 The price shall be the price quoted on the seller’s confirmation of order. The price is exclusive of VAT which shall be due at the rate in force on the date of the seller’s invoice.

4. Payment and interest

4.1 Payment of the price and VAT shall be due within 7 days of the date of the seller’s invoice.

4.2 For first orders we reserve the right to request payment on the day of delivery, or request a deposit before delivery if the order is sizeable amount. 

4.3 Interest on overdue invoices shall accrue from the date when payment becomes due. Calculated on a daily basis until the date of payment at the rate of 8% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.

4.4 The buyer shall pay all invoices in full and not exercise any rights of set off or counter claim against invoices submitted by the seller.

4.5 The legal entity responsible for processing your payment is Adyen.

4.6 No order which has been accepted by the seller may be cancelled by the buyer except with the agreement in writing of the seller on the terms that the buyer shall indemnify the seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of such cancellation.

Once an order has been confirmed, the seller acknowledges that it has a responsibility for the goods and their delivery, which it will seek to fulfil to the best of its ability. Liability for non-delivery, late delivery, missing goods, damage and other issues is limited according to other clauses in this contract.

5. Goods

5.1 In general BloomDirect sells flowers and plants.

5.2 The quantity and description of the exact goods purchased shall be as set out in the seller’s confirmation of order.

5.3 The third party used for purchase, warehouse and packing is Flamingo.

6. Warranties

The seller warrants that the goods will at the time of delivery correspond to the description given by the seller in the confirmation of order. All other warranties, conditions or terms relating to fitness for purpose, quality or conditions of the goods are excluded.

7. Delivery of the goods

7.1 Delivery of the goods shall be made to the buyer’s address. The buyer shall make all arrangements necessary to take delivery of the goods on the day notified by the seller for delivery.

7.2 The seller undertakes to use its reasonable endeavours to dispatch the goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract. Regardless of the delivery time of the given day these flowers are legally yours as you own them when you bought them. This clause is put in place due to potential inclement weather, traffic conditions or other issues experienced by the courier.

7.3 The seller shall not be liable to the buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the goods.

7.4 The third party used for the delivery of goods is DPD.

7.5 Seller delivers in the United Kingdom.

8. Acceptance of the goods

8.1 The buyer shall be deemed to have accepted the goods 24 hours after delivery to the buyer.

8.2 The buyer shall carry out a thorough inspection of the goods within 24 hours of delivery, and shall give verbal and pictorial notification to the seller within 24 hours if delivery of the goods have any defects which a reasonable examination would have revealed.

8.3 Where the buyer has accepted, or has been deemed to have accepted the goods the buyer shall not be entitled to reject goods which are not in accordance with the contract. This contract previously stated you need to be in contact within 24 hours of delivery.

9 Title and risk

9.1 Risk shall pass on delivery of the goods to the buyer’s address.

9.2 Notwithstanding the earlier passing of risk, title in the goods shall remain with the seller and shall not pass to the buyer until the amount due under the invoice for them including interest an costs has been paid in full.

9.3 Until title passes the buyer shall hold the goods as bailee for the seller and shall store or mark them so they can at all times be identified as the property of the seller.

9.4 The seller may at any time before title passes and without any liability to the buyer:

9.4.1 Repossess and dismantle and use or sell all or any of the goods and by doing so terminate the buyer’s right to use, sell or otherwise deal in them.

9.4.2 for that purpose or determining what if any goods are held by the buyer and inspecting them enter any premises of or occupied by the buyer.

9.5 The seller may maintain an action for the price of any goods notwithstanding that title in them has not passed to the buyer.

10. Website

10.1 All visuals used to display products are owned by Floricode.

10.2 All images on the website are only indicative of the product we supply they are technically correct by Floricode but are not an exact like for like. Flowers may change colours during the seasons and our images are only indicative.

11. Complaints

11.1 If the buyer is of the opinion that goods are not delivered in promised state, then the buyer must inform the seller of any issue within 24 hours after delivery. The seller will only consider the complaint if at least two pictures have been provided and the total amount of stems claimed are visible in one of the pictures. After assessing and agreeing with the claim, a refund will be made were applicable. 

11.2 In the case of a missing product, the buyer is obligated to inform the seller within 24 hours, at that stage a refund might be applicable.