STANDARD TERMS AND CONDITIONS
FOR SALE OF GOODS
OF
www.zitaelze.com
1 DEFINITIONS
In this document the following words shall have the following meanings:
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1.1 |
"Buyer" means the person who buys Goods from the Seller; |
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1.2 |
"Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977; |
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1.3 |
"Goods" means the articles that the Buyer agrees to buy from the Seller; |
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1.4 |
"List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time; |
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1.5 |
"Seller" means Zita Elze Flowers Ltd of 287 Sandycombe Road, Kew, Surrey TW9 3LU
Through the website www.zitaelze.com |
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1.6 |
"Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller. |
2 GENERAL
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2.1 |
These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer. |
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2.2 |
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. |
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2.3 |
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions. |
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2.4 |
Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller. |
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2.5 |
Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer. |
3 PRICES
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3.1 |
The price of the Goods shall be that stipulated in the section “on-line store” on the Seller's website next to each bouquet for sale at the date of order or as agreed between the parties. The price is inclusive of VAT and packaging but exclusive of any delivery charges, which are specified separatey in section 5 below. |
4. ORDER PROCESSING AND PAYMENT
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4.1 |
Payment may be made by any of the cards indicated on the Seller´s website will be debited when the Buyer submits his order. When submitting the order for payment, the Buyer is consenting to be bound by the Seller´s terms and conditions contained in these Terms and Conditions and appearing elsewhere on the Seller´s website. |
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4.2 |
This website has a secure checkout enabled by PayPal and Buyers are encouraged to place orders online. On occasion, however, bank-related payment failures occur that prevent the Seller from accepting an order immediately. Occasionally, card details that are entered correctly and backed by sufficient funds are not validated because the card issuer is performing a random security check. In these cases the Seller will need to take the payment over the phone. If the Buyer receives a message telling him that a payment has not been validated, he should contact the Seller immediately to ensure the order is delivered on time. |
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4.3 |
The seller warrants that no credit card or personal information will be kept either on the seller´s website or in the seller´s premises. |
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4.4 |
For an order to be processed and delivered on the required date, the Buyer must supply the Seller with all the relevant details requested, including full delivery details, post code and telephone number. The order will only be processed if full payment details are given. |
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4.5 |
The order will be acknowledged via e-mail confirming the Buyer´s details, if a correct e- mail address is entered. The Buyer will be issued an order reference number for any future correspondence when confirming the order by email. All costs will be charged at the cost of the date on which the order is placed. |
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4.6 |
The Seller will not consider himself bound by a contract with the Buyer until an email acknowledging the order has been issued. |
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4.6 |
The Buyer is entirely responsible for any text or other material which he requests when placing his order and the seller accepts no liability for any such content. However, the Seller reserves the right to refuse to send or display messages and terminate access to the relevant Services at any time and without liability in the event of detecting objectionable wording or messages. |
5 DELIVERY TERMS
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5.1 |
Next day delivery is guaranteed throughout mainland UK including Wales, Scotland and the Scottish Highlands with the exception of Northern Ireland, the Isle of Man and the Channel Islands for orders placed by 2pm from Monday to Friday. The charge for standard delivery of any one item on sale in the on-line store is six pounds for orders placed Monday to Thursday and 15 pounds for orders placed on Friday and delivered on Saturday. Under standard delivery terms, no particular time of delivery can be guaranteed and no deliveries are made on bank holidays and days following bank holidays. |
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5.2 |
Specific delivery time options cannot be offered through the online store but must be specifically agreed by us via email or telephone contact. For specific delivery requirements of the Buyer, the following terms apply:
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Delivery on Saturday any time for orders placed by 2pm on Friday: fifteen pounds per item
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Delivery Tuesday through Friday guaranteed either am or pm: fifteen pounds per item
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Delivery Tuesday to Friday to the Channels Islands and Northern Ireland: twenty five pounds per item
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For any other requirements, delivery terms can be obtained through contacting our shop by e-mail at zita@zitaelze.com or by calling us at 020 8940 0040
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5.3 |
For same day deliveries to addresses in London, post-code specific terms and conditions apply. This equally holds for next day deliveries to addresses in London for orders placed after 2pm on Sunday to Friday. No deliveries can be made on bank holidays. |
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5.4 |
The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date. |
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5.5 |
Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clauses 5.1 or 5.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date. |
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5.6 |
Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods. |
6 DELIVERY-RELATED PROBLEMS
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6.1 |
Under normal circumstances, the Seller will do his best to ensure that any order is delivered to the recipient's address and on the date as specified by the Buyer when placing the order. There are times, however, when this is not possible owing to problems with the provided address information or unforseen obstacles encountered by the Seller´s drivers whilst attempting to deliver the order. It is very important that the recipient address the Buyer provides is accurate and that additional instructions are given to help the Seller´s drivers locate difficult-to-find addresses. The seller cannot be held responsible for failed deliveries that result from a problem with the address provided at the time of order placement or the fact that the recipient no longer lives at the address provided. |
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6.2 |
In case of problems the seller will attempt one subsequent delivery. The Seller reserves the right to charge an additional delivery charge if the failed delivery is the result of a problem outside his control. The Seller can not be held responsible for any other costs incurred by the Buyer or the recipient due to failed deliveries. In case the recipient is not at home at the time of delivery, the driver will attempt to leave the order with a neighbour (unless the Buyer specifically requests that this should not be done) and leave a card at the recipient's address. The card will be the Seller´s proof of delivery. It should be noted that it is then the recipient's responsibility to collect the order from the neighbour. |
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6.3 |
If the driver is unable to deliver the flowers using one of the options above, the Seller will attempt to contact the Buyer via email or telephone to resolve the delivery issue. If no contact can be made at the time of attempted delivery, the order will be returned to the warehouse and the Seller will await contact from the Buyer. Should the Buyer decide to cancel the order instead of arranging a redelivery, the Seller reserves the right to deduct a cancellation fee from the refund value. |
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6.4 |
In some instances, for example, when delivering to some business addresses, hospitals or universities, it may not be possible to deliver the flowers directly to the intended recipient. In this case, the driver will deliver to the reception area or post room and try and obtain a signature from the receptionist. This signature will be the Seller´s record of delivery. |
7 WARRANTY
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7.1 |
The Seller warrants that the bouquets will at the time of delivery faithfully reflect the colours, design and “feel” shown by the pictures the Seller has posted in the section “on-line store”. However, in rare cases of supply problems the Seller reserves the right to substitute any particular flower shown as part of a bouquet with an alternate flower of a similar colour or texture and equivalent or greater value and quality. The Seller can not accept any responsibility for not exactly matching the pictures of bouquets shown in the “on-line store” section of his site. |
8 CANCELLATION AND RETURNS
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8.1 |
Orders may be cancelled up to 48 hours before the intended delivery date. This can be done by email at zita@zitaelze.com or by telephoning the Seller at 020 8940 0040. |
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8.2 |
Although the seller will do his best to ensure that this does not happen, on very rare occasions, flowers arrive at their destination damaged. If the recipient receives damaged flowers, the Buyer should contact the Seller immediately by indicating the order reference number provided at the time of ordering (at the latest within 24 hours after delivery) so that either a resend or a full refund can be arranged. |
9 LIMITATION OF LIABILITY
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9.1 |
Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods. |
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9.2 |
The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise. |
10 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
11 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
12 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.