Last Updated 28 March 2020
1. Contract to Terms
1.1 These Terms and Conditions make up a lawfully binding contract made in between you, whether personally or on behalf of an entity (you), and Vanessa Birley Florals, situated at Delaware, United States (we, us), worrying your access to and use of the Vanessa Birley Florals (vanessabirleyflorals.com) site in addition to any related applications (the Site).
You agree that by accessing the Site and/or Services, you have actually checked out, comprehended, and consent to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are forbidden from using the Site and Services and you must stop use immediately. We advise that you print a copy of these Terms and Conditions for future referral.
1.2 The extra policies set out in Section 1.7 listed below, in addition to any additional conditions or files that may be published on the Site from time to time, are specifically incorporated by referral.
1.3 We may make changes to these Terms and Conditions at any time. The upgraded version of these Terms and Conditions will be suggested by an updated "Revised" date and the upgraded variation will be effective as soon as it is accessible. You are accountable for examining these Terms and Conditions to remain notified of updates. Your continued use of the Site represents that you have actually accepted such changes.
1.4 We might upgrade or alter the Site from time to time to show modifications to our items, our users' requirements and/or our business priorities.
1.5 Our site is directed to individuals living in United Kingdom. The details supplied on the Site is not meant for distribution to or utilize by anyone or entity in any jurisdiction or nation where such circulation or usage would be contrary to law or guideline or which would subject us to any registration requirement within such jurisdiction or nation.
1.6 The Site is meant for users who are at least 18 years old. If you are under the age of 18, you are not allowed to sign up for the Site or use the Services without adult permission.
1.7 Additional policies which also apply to your use of the Site include: ● Certain parts of this Site can be utilized just on payment of a fee.
2.1 You might not access or use the Site for any function other than that for which we make the site and our services offered. The Site may not be utilized in connection with any industrial endeavors other than those that are specifically backed or authorized by us.
2.2 As a user of this Site, you agree not to:
3.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website styles, audio, video, text, pictures, and graphics on the Site (Our Content) are owned or certified to us, and are safeguarded by copyright and trade mark laws.
3.2 Except as expressly offered in these Terms and Conditions, no part of the Site, Services or Our Content might be copied, recreated, aggregated, republished, submitted, published, publicly shown, encoded, translated, transferred, distributed, offered, accredited, or otherwise made use of for any commercial purpose whatsoever, without our reveal prior composed consent.
3.3 Provided that you are eligible to utilize the Site, you are approved a minimal licence to gain access to and utilize the Site and Our Content and to download or print a copy of any part of the Content to which you have effectively gotten entirely for your individual, non-commercial usage.
3.4 You shall not (a) try to acquire unauthorised access to the Site or any networks, servers or computer system systems linked to the Site; and/or (b) produce any function including mistake correction, any adjustments, adaptions, additions or improvements to the Site or Our Content, including the adjustment of the paper or digital copies you may have downloaded.
3.5 We shall (a) prepare the Site and Our Content with affordable skill and care; and (b) utilize market standard virus detection software application to try to obstruct the uploading of content to the Site that contains viruses.
3.6 The material on the Site is provided for general information only. It is not intended to amount to advice on which you must rely. You must acquire professional or specialist advice before taking, or avoiding taking, any action on the basis of the material on the Site.
3.7 Although we make reasonable efforts to update the information on our website, we make no representations, warranties or assurances, whether express or implied, that Our Content on the Site is precise, complete or up to date.
4.1 The Site might consist of links to sites or applications run by 3rd parties.We do not have any impact or control over any such 3rd party sites or applications or the third party operator. We are not responsible for and do not back any 3rd party websites or applications or their availability or material.
4.2 We accept no responsibility for adverts contained within the Site. If you consent to buy products and/or services from any third party who advertises in the Site, you do so at your own danger. The advertiser, and not us, is accountable for such products and/or services and if you have any concerns or problems in relation to them, you need to call the advertiser.
5.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take proper legal action versus anybody in breach of relevant laws or these Terms and Conditions; (3) remove from the Site or otherwise disable all files and material that are extreme in size or are in any way a concern to our systems; and (4) otherwise handle the Site in a way designed to secure our rights and property and to assist in the proper functioning of the Site and Services.
5.2 We do not guarantee that the Site will be safe and secure or free from bugs or infections.
5.3 You are accountable for configuring your infotech, computer programs and platform to access the Site and you should use your own infection security software application.
6.1 We schedule the right to alter, customize, or remove the contents of the Site at any time or for any reason at our sole discretion without notification. We also reserve the right to modify or stop all or part of the Services without notice at any time.
6.2 We can not guarantee the Site and Services will be offered at all times. We might experience hardware, software application, or other problems or require to carry out maintenance related to the Site, leading to disruptions, delays, or errors. You concur that we have no liability whatsoever for any loss, damage, or hassle triggered by your failure to access or utilize the Site or Services throughout any downtime or discontinuance of the Site or Services.We are not required to keep and support the Site or Services or to supply any corrections, updates, or releases.
6.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may associate with the Services, consisting of descriptions, prices, accessibility, and numerous other details. We reserve the right to fix any errors, errors, or omissions and to change or update the details at any time, without previous notification.
7.1 The Site and Services are provided on an as-is and as-available basis. You concur that your use of the Site and/or Services will be at your sole danger except as specifically set out in these Terms and Conditions. All guarantees, terms, conditions and endeavors, reveal or indicated (including by statute, customized or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without restriction, the indicated service warranties of acceptable quality, physical fitness for a particular function and non-infringement are omitted to the maximum degree permitted by suitable law.
We make no service warranties or representations about the precision or efficiency of the Site's content and are not liable for any (1) errors or omissions in content: (2) any unapproved access to or use of our servers and/or any and all individual details and/or monetary info kept on our server; (3) any disruption or cessation of transmission to or from the site or services; and/or (4) any bugs, infections, trojan horses, or the like which may be transferred to or through the website by any third party. We will not be responsible for any hold-up or failure to comply with our responsibilities under these Terms and Conditions if such hold-up or failure is brought on by an occasion beyond our sensible control.
7.2 Our obligation for loss or damage suffered by you:
Whether you are a customer or an organisation user:
● We do not omit or restrict in any way our liability to you where it would be illegal to do so. This consists of liability for death or accident triggered by our negligence or the negligence of our employees, representatives or subcontractors and for fraud or deceitful misstatement.
● If we fail to adhere to these Terms and Conditions, we will be accountable for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be accountable for any loss or damage that were not foreseeable at the time you started utilizing the Site/Services.
Regardless of anything to the contrary consisted of in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and no matter the form of the action, will at all times be restricted to an overall aggregate amount equal to the higher of (a) the amount of ₤ 5000 or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month period prior to any cause of action developing.
If you are a consumer user:
● Please keep in mind that we just provide our Site for domestic and private usage. You agree not to use our Site for any commercial or business functions, and we have no liability to you for any loss of profit, loss of organisation, organisation disturbance, or loss of organisation chance.
● If defective digital material that we have provided, harms a gadget or digital content coming from you and this is caused by our failure to utilize reasonable care and ability, we will either repair the damage or pay you compensation.
● You have legal rights in relation to goods that are faulty or not as explained. Guidance about your legal rights is available from your regional Citizens' Advice Bureau or Trading Standards office. Absolutely nothing in these Terms and Conditions will affect these legal rights.
8.1 These Terms and Conditions shall stay completely force and effect while you utilize the Site or Services or are otherwise a user of the Site, as relevant. You may terminate your use or participation at any time, for any factor, by following the directions for terminating user accounts in your account settings, if available, or by calling us at our email address.
8.2 Without limiting any other provision of these Terms and Conditions, we schedule the right to, in our sole discretion and without notification or liability, reject access to and use of the Site and the Services (consisting of obstructing certain IP addresses), to any person for any reason including without constraint for breach of any representation, service warranty or covenant included in these Terms and Conditions or of any applicable law or policy.
If we identify, in our sole discretion, that your use of the Site/Services remains in breach of these Terms and Conditions or of any appropriate law or policy, we may terminate your usage or involvement in the Site and the Services or delete any content or information that you posted at any time, without warning, in our sole discretion.
8.3 If we terminate or suspend your represent any factor set out in this Section 9, you are restricted from signing up and creating a new account under your name, a phony or obtained name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to ending or suspending your account, we reserve the right to take appropriate legal action, consisting of without constraint pursuing civil, criminal, and injunctive redress.
9.1 Visiting the Site, sending us emails, and completing online forms make up electronic interactions. You grant receive electronic interactions and you concur that all agreements, notices, disclosures, and other communications we provide to you digitally, by means of email and on the Site, please any legal requirement that such communication be in writing.
You thus agree to the use of electronic signatures, contracts, orders and other records and to electronic shipment of notifications, policies and records of deals started or finished by us or through the Site. You thus waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which need an original signature or shipment or retention of non-electronic records, or to payments or the giving of credits by besides electronic methods.
9.2 These Terms and Conditions and any policies or operating guidelines published by us on the Site or in respect to the Services make up the entire contract and understanding in between you and us.
9.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not run as a waiver of such right or arrangement.
9.4 We may designate any or all of our rights and commitments to others at any time.
9.5 We shall not be accountable or liable for any loss, damage, delay or failure to act triggered by any cause beyond our affordable control.
9.6 If any arrangement or part of an arrangement of these Terms and Conditions is illegal, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not impact the credibility and enforceability of any remaining provisions.
9.7 There is no joint venture, partnership, work or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
9.8 For customers only - Please note that these Terms and Conditions, their subject and their development, are governed by English law. You and we both concur that the courts of England and Wales will have special jurisdiction expect that if you are a local of Northern Ireland you might also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may likewise bring procedures in Scotland. If you have any problem or desire to raise a conflict under these Terms and Conditions or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr
9.9 An individual who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to implement any regard to these Terms and Conditions.
9.10 In order to deal with a complaint regarding the Services or to get more info regarding use of the Services, please contact us by e-mail at our email address.