1.1, “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2. “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.3. “Goods” means the articles that the Buyer agrees to buy from the Seller;
1.4 “Seller” means Lavanda Mia based at Wellbank Farm, Pickstock, Shropshire, TF10 8AH;
1.5. “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.
2.1. 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.
2.2. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
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 Seller.
3.1. 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.
3.2. On receipt of an order, the Seller will send the buyer an automated email acknowledging receipt of said order. This email does not represent acceptance of the order by the seller.
3.3. The seller shall only be deemed to have accepted an order at the point the goods are despatched.
3.4. Where the Goods ordered by the Buyer are not available within the timescales in paragraph 6, the Buyer shall be notified and given the option to either wait until the Goods are available or cancel the order and receive a full refund within 30 days.
4. PRICE AND PAYMENT
4.1. The Price of the Goods shall be that stipulated on the Seller’s Website. The Price excludes delivery charges.
4.2. The total purchase price, including delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3. After the order is received the Seller shall confirm by email the details, description and price for the Goods.
4.4. Payment of the Price and delivery charges must be made in full before dispatch of the Goods.
5. RIGHTS OF SELLER
5.1. The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
5.2. The Seller reserves the right to withdraw any goods from the Website at any time.
5.3. The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6.1.Goods supplied within the UK will normally be delivered within the estimated delivery time, if shown for the item ordered. Where multiple items are ordered the delivery time shall be deemed to be that of the longest delivery time shown for the items ordered.
6.2. Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
6.3. The Seller shall use its reasonable endeavours to meet the estimated delivery date shown or any other date agreed 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 delivery date.
6.4. Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.5. Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
7. CANCELLATION AND RETURN
7.1. The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by email within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
7.2. Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
7.3. The buyer has the right, in addition to other rights, to cancel the Contract and receive a refund by informing the Seller by email and returning the goods to the Seller.
7.4. The return of any goods must be returned to the seller at the buyer’s expense in unused condition within 14 days. A minimum restocking fee of 15% will be charged on all such returns. The seller reserves the right to increase this charge in the event of goods or packaging being returned opened or damaged.
7.5. In the case of cancellation under section 7.3, Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation within 14 days, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
7.6. The Buyer should ensure all goods are returned in original packaging, including instructions, etc. The Buyer has a duty of care for the products during the cancellation period.
may not be returned for any other reason.
7.7. Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
7.8. Refunds for returned goods can only be made to the credit/debit card which was used for the original purchase.
7.9. Notwithstanding the above points, fresh flowers may only be returned if they are damaged during delivery or do not comply with the agreed contract, providing the Buyer informs the Seller by email of this within 48 hours of delivery. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
8.1 We respect your privacy. The personal information that you give us is held with care and security. We do not sell, rent or transfer this information to third parties for marketing purposes.
9. LIMITATION OF LIABILITY
9.1. In the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller 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 Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
10.1 No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11. FORCE MAJEURE
11.1. The Seller 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, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
12.1. 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.
13. CHANGES TO TERMS AND CONDITIONS
13.1. The Seller 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.
14. GOVERNING LAW AND JURISDICTION
14.1 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.