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Terms and conditions

This website is operated by Thyme on St Mary's Ltd (“Thyme on St Mary’s”, “We” or “Us”). The terms and conditions below outline the service we make available to you.

These terms and conditions (the "Terms and Conditions") are the terms and conditions upon which we make available to you and any of our services which are accessible on or via this website.

1. Products

1.1 All products as depicted on this website (as may be varied from time to time) are available for delivery within a range of approximately 15 miles from the centre of Ely during 0900 - 1800 on Monday’s to Saturdays (excluding Public and Bank Holidays).

1.2 Certain flower and plant products may be delivered in bud to ensure longer life.

1.3 Some flower and plant products may be harmful or poisonous (lilies in particular can be extremely toxic to cats), if you require further information before submitting an order please contact us at the Thyme on St Mary’s shop below for further information.

1.4 All products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute with a product of equivalent value and quality without notice.

1.5 In the event that we are unable to supply all or part of your order (the product or any substitute product to you at all), we shall notify you as soon as possible and reimburse your payment in full no later than 30 days after the intended delivery date.

1.7 Products are delivered next day unless other delivery date or service is selected.

1.9 We guarantee the freshness of your flowers for 5 days from the date of delivery/collection.

2. Alcoholic gifts

2.1 Under the Licensing Act of 1964 (UK) and 1976 (Scotland) it is an offence for any person under 18 years to buy, or attempt to buy, alcoholic liquor. It is an offence under Sections 32 and 33 of the Intoxicating Liquor Act 1988 (Ireland) for any person under 18 to buy, or attempt to buy, intoxicating liquor. It is an offence under Licensing (Northern Ireland) Order 1990 for any person under 18 to buy, or attempt to buy, intoxicating liquor.

3. Prices

3.1 Prices include VAT.

4. Orders / Payment

4.1 You will be given clear instructions to navigate the order process and will 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.

4.2 We accept payment by all major credit and/or debit cards other than Diners, department store cards and any other credit and/or debit cards as we may specify from time to time.

4.3 By clicking on the 'check out' button at the end of the order process, you are consenting to be bound by our terms and conditions contained in these Terms and Conditions.

4.4 Submitting your order is subject to our acceptance of this offer. We will send an email confirmation of your order details to advise that we are processing your order via the email address you provide. We will not consider ourselves bound by a contract with you until we have issued this email confirmation.

4.5 We cannot accept orders from customers under the age of eighteen (18) years.

5. Delivery

5.1 Except where stated, Standard Delivery is next day, and you will be advised of the delivery charge prior to finalising your order at check-out.

5.2 Delivery Services - Should you require your delivery to be made within a specific time period we are able to offer the following delivery services. Please note some services are subject to availability. We will advise you of services available at the time of placing your order:

5.2.1 Same day delivery.

5.2.2 'AM/PM' service

5.3 Your intended delivery date will be confirmed in your email order confirmation. We will process orders received on Sundays or Public Holidays the next working day.

5.4 Delivery is not available on Sundays or public holidays, orders will be delivered on the next working day.

5.5 To avoid problems or delays with delivery, 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.

5.6 Certain products will be delivered during a delivery period, providing delivery within a time frame around your preferred delivery date - you will be advised of this at the time of placing your order.

5.7 Please note that if we are unable to find someone to accept delivery, or unable to leave the delivery in a secure location, we will leave a card at the address for the recipient to make contact and re-arrange delivery. If the recipient fails to make contact in good time we reserve the right to charge for re-delivery to that or an alternative address..

5.14 Before placing your order, please review delivery cut-off times & prices.

5.15 Please note that if you order a number of items for delivery to the same address, they may be despatched separately and we cannot guarantee delivery on the same day.

6. Cancellation

6.1 If, for any reason, you wish to change or cancel your order you can do so by calling 01353 662 170. Please note that we cannot guarantee a cancellation should you wish to cancel the order on the day of the scheduled delivery, and reserve the right to retain all or part of the order payment in the event you wish to cancel.

 

6.2 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.

7. Customer Services

7.1 In the event of any complaint please contact us below and we will endeavour to rectify any deficiencies:

 

By email:

shop@elyflowers.co.uk

By telephone:

01353 662170

By post:

30 St. Marys Street

Ely

Cambridgeshire

7.2 We are available from 9am until 5.00pm Monday to Saturday

7.3 Because of the perishable nature of most 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.

7.4 In the event of any complaint please contact us and we'll do all we can to put the situation right, or, if you prefer, give you your money back.

Online Dispute Resolution - ODR

  1. Under European Legislation, if you are not able to resolve any customer service issue you may have with a product or service you have purchased via our website or by telephone you may wish to  consider an Alternative Dispute Resolution.  For further information please visit the European Online Dispute Resolution Platform  http://ec.europa.eu/consumers/odr/.

8. Disclaimer

8.1 Whilst we agree to use all reasonable endeavours to ensure that this website is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the Thyme on St Mary’s website 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 Thyme on St Mary’s website impossible or impractical.

8.2 (a) We accept liability for death or personal injury arising from our negligence.

8.2 (b) Subject to clause 8.2(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 with us shall be limited to a multiple of 5 times the price you have paid for the products.

8.2 (c) Subject to clauses 8.2(a) and 8.2(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 Thyme on St Mary’s website, 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 products supplied.

8.2 (d) Subject to clauses 1.5 and 5.3 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.

8.3 We understand that we are under a legal duty to supply goods that are in accordance with the contract.

9. General

9.1 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Thyme on St Mary’s website from time to time. We will post any changes on the Thyme on St Mary’s website and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the website. 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 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Thyme on St Mary’s, 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.

.4 We shall ensure that we comply with the requirement of all current data protection legislation including, without limitation, the Data Protection Act 1998 (as replaced, modified or re-enacted from time to time). We shall only use personal data received from you for the purpose of fulfilling our obligations under these Terms and Conditions and as stated in our Privacy Policy.

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 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.

10 Intellectual Property

10.1 All other rights, including copyright, in this website are owned by Thyme on St Mary’s. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use is prohibited without the permission of Thyme on St Mary’s. You may not modify, distribute or repost something on this website for any purpose.