Terms and Conditions
The term My Wedding Flower Ideas or “us” or “we” refers to the owner of the website whose office is detailed in the contact page. The term “you” refers to the user or viewer of our website.
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Terms and Conditions
1.1 “Buyer” means the individual or organisation that buys or agrees to buy the Services from the Supplier;
1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 “Contract” means the contract between the Supplier and the Buyer for the provision of Services incorporating these Terms and Conditions;
1.4 “Services” means the services that the Buyer agrees to buy from the Supplier;
1.5 “Supplier” means Pure Auburn of Oakridge, Rhos-y-Maen-Isaf, Gorn Road. Llanidloes, Powys SY18 6LB that owns and operates My Wedding Flower Ideas – www.myweddingflowerideas.co.uk;
1.6 “Terms and Conditions” means the terms and conditions for the provision of Services set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.7 “Website” means www.myweddingflowerideas.co.uk.
1.8 “Listing” means image, summary, business details, associated website address and email contact provided by the buyer for publication in the supplier’s website.
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the provision of Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.4 Any complaints should be addressed to the Supplier’s address stated in clause 1.5.
2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
3.1 All orders for Services shall be deemed to be an offer by the Buyer to purchase Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
3.2 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the order processing section.
4 PRICE AND PAYMENT
4.1 The price of the Services shall be that stipulated on the Website. The price is inclusive of VAT.
4.2 The total purchase price, including VAT, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Supplier shall confirm by email the details, description and price for the Services together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the price plus VAT, if applicable, must be made in full before commencement of the Services. Payment must be made without deduction or set-off.
4.5 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received.
5.1 The Supplier shall begin to perform the Services within 2 working days.
5.2 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
5.3 The Services are subject to an initial contract period of 12 months. To continue the service after the initial contract period a further order and payment will be required.
5.4 Subject to clause 5.3, either party may terminate this agreement (as regards some or all of the Services) at any time for any reason by giving to the other 30 days written notice, and any payment due remains payable. Subject to clause 8.
5.5 The Supplier may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services immediately on written notice if the Buyer breaches any term of this agreement, and any payment due remains payable and, if already paid, will be non-refundable.
6 RIGHTS OF SUPPLIER
6.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
6.2 The Supplier reserves the right to withdraw the Services from the Website at any time.
6.3 The Supplier shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.
7 AGE OF CONSENT
7.1 Where the Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Services.
7.2 If the Supplier discovers that the Buyer is not legally entitled to order certain Services, the Supplier shall be entitled to cancel the order immediately, without notice.
The buyer will not be refunded for cancellations made after the advertisement has been allocated space upon the website.
9.LIMITATION OF LIABILITY
9.1. Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2. Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.
11 FORCE MAJEURE
The Supplier shall not 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 or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.
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 CHANGES TO TERMS AND CONDITIONS
12.1 The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
12.2 Any renewal of the Services will be subject to the Supplier’s then current Terms and Conditions.
The buyer hereby indemnifies the supplier from liabilities, losses, damages, claims, penalties, fines, costs and expenses, including, without limitation, reasonable legal fees, that may arise in consequence of publication of the buyer’s advertisements. The Supplier reserves the right to terminate the Services if it has breached any of these Terms and Conditions.
14 ADVERTISING & LISTING SERVICES
14.1 By placing an order for a listing or advertising services the Buyer warrants that the Buyer is wholly responsible for any legal liability relating to their advertisement, listing or any linked website or web content and any consequences of its publication on the suppliers website.
14.2 The Buyer warrants that the listing and any linked website or web content will comply with appropriate law statue, statutory instrument or regulation in any country or jurisdiction where the advertisement or listing can be accessed; including but not limited to the relevant Trade Descriptions Act and Consumer Protection Acts.
14.3 The Buyer warrants that the content of the listing and any linked website or web content will not contain or link to any offensive or adult content.
14.4 The Buyer warrants that the information and content in the advertisement, listing and any linked website or web content will not infringe any copyright, trademark, and intellectual property right of any person or violate the privacy of any individual; and that all necessary authorities and permissions for the publication of photographs, illustrations or graphics have been obtained.
14.5 The Buyer warrants that the information and content in the advertisement, listing and any linked website or web content will not contain any products or services that have resulted or are likely to result in any claims relating to product liability, damage or harm of any kind to any person or entity.
14.6 The supplier cannot guarantee any response or business or traffic from a listing or advertisement on the website.
14.7 The supplier reserves the right to edit the advertisement or listing for any typographical, clerical or other error or omissions.
14.8 The supplier reserves the right to decline or reject applications for advertising services at any time without reason regardless of payments received. Declined or rejected applications being rejected after payment will be refunded.
15 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.