The Terms and Conditions as set out below are taken as accepted by you by continuing to access this Website including placing an order. If you do not agree to be bound by these Terms and Conditions you may not use this website and any service contained within.
At the time of purchase please use the print icon on the right to print out these terms and conditions as they may change later. If print is not available use your system’s cut and paste to save a copy as a text file,
1. Glossary of Terms
In this Agreement the following terms shall have the following meanings unless the context otherwise requires. Reference in this Agreement to the masculine shall include the feminine and any reference to the singular shall include the plural.
“Proprietor” includes Arcade Flowers Ltd Ringwood Hampshire or any party acting on the instructions of Arcade Flowers Ltd Ringwood Hampshire.
“We”, “Us”, “Our” and “Organisation” includes the Proprietor, Website Administrator of the Proprietor, Oakwood Trading Ltd or any party acting on the Proprietor’s instructions.
“You”, “Your”, “User” and “Customer” includes the person using the website.
“Service” and “Services” means the providing of website services and website connectivity, or any other services of the Organisation.
“Agreement” means any contract for the provision of Services by the Organisation to the Customer or User which incorporates these Conditions.
“Intellectual Property Rights” means all or any registered or unregistered intellectual property rights in any part of the world, including but not limited to patents, design rights, copyrights, topographical rights, know-how, rights in inventions and ideas and rights to confidence together with any right to apply for any such intellectual property rights and the benefit of any applications for any such intellectual property rights.
“Above the fold” means the portion of any web page first viewed in the window of a browser when accessed and viewable without the need to scroll down the page.
“Home or Index Page” means the first page of any web site that is accessed by a user entering the domain name address of that site.
“Meta Tags” means the Hypertext Markup Language (HTML) coding used by web sites to aid indexing by search services by listing selected keywords in order to display those pages when a user enters such keywords into a search service.
“Web Domain Name Address” or “URL” means the text representation of a unique numerical address using the Internet Protocol address system.
“Product” means a product displayed for sale on our website.
“Working Day” means a day other than a Saturday or Sunday on which the Clearing Banks in the United Kingdom are open to the public for the transaction of business.
2.1 The headings in this Agreement are for convenience only and shall not affect the interpretation of these Conditions.
3. Our Website
3.1 Your use of this website and any service contained within constitutes acceptance of these Terms & Conditions.
4.1 The Organisation grants you a license to access the content, information and services contained within our website.
4.2 This license allows you to download and cache (using your browser) individual pages from our website.
4.3 This license does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
4.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
4.5 Our website shall not be placed within the frame-set of another site.
4.6 You are not allowed to link to pages within our website, other than the main index page, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
5. Provision of Services
5.1 Chat, Newsgroups & Forums
5.1.1 The Organisation is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website). Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Organisation. The Organisation reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to:
a. defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties
b. publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information
c. post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Organisation’s and/or a third party’s computer system and/or network
d. violate any copyright, trade mark, other applicable Great Britain or international laws or intellectual property rights of the Organisation or any other third party
e. submit contents containing marketing or promotional material which is intended to solicit business
5.2 Oakwood Trading Ltd acts on behalf of the Organisation as an Internet Services Provider and presumes that the facilities provided will be used within the law. To the extent allowed the Oakwood Trading Ltd does not accept responsibility for infringement of the law due to actions, or lack of action by You or the Organisation.
6. Usernames, Passwords and Personal Data
6.1 When you shop on our website, we will collect information about you such as your name, e-mail, address, telephone number and products purchased. Except if you contact us by telephone or purchase in person at our shop, your credit card and most other information related to payment will be collected by PayPal. These details will be subject to their terms and conditions and not known to us.
6.2 You must ensure that your username(s) and password(s) used in connection with the Services are kept confidential and are only used by authorised users. You must inform us immediately if you know or suspect that your username(s) or password(s) or other details have been disclosed to an unauthorised user or is being used in an unauthorised way.
6.3 We may:
a. suspend your username(s) and password(s) if at any time we think that there is or is likely to be a breach of security; and
b. ask you to change any password(s).
6.4 You must provide accurate information in your online registration form and inform us immediately if there are any changes to that information.
6.5 You accept and acknowledge that the Services, like other Internet applications, are not secure and we do not guarantee the prevention or detection of any unauthorised attempts to access the Services.
6.6 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
6.7 We will not use your personal data for marketing other Organisation products and services or any third party products and services without having given you the opportunity to opt out of such marketing opportunities.
6.8 You are responsible for maintaining your own username and password, where required to access your customer or user account. You should ensure that you store your username and password securely and that the details required to access your customer or user account are not provided to another party.
6.9 By registering for the Services you consent to our using and/or disclosing your personal information for the following purposes:
a. to selected third parties for the purposes of providing and operating the Services, and providing, or arranging for third parties to provide, any additional services you request from us
b. as required or permitted by law from time to time
7. Electronic Purchasing
7.1 The steps in creating a purchase contract between us are as follows
a. By clicking the confirm order button at the end of the checkout process on our website you place the order for your products.
b. We will send to you an order acknowledgement email detailing the products ordered. The order acknowledgement is not an order confirmation and does not imply that Arcade Flowers has accepted your order.
c. If your order is delivered by hand the contract between us will be deemed to be concluded at the time the product is delivered.
d. If your order is delivered by other means such as courier or post, the contract between us will be deemed to be concluded at the time the product is despatched from our shop at which time we will send you a despatch confirmation email.
f. In the event that we do not accept your order we will notify you of this by email. This may be the result of
(i) The product being unavailable.
(ii) Non-authorisation for your payment.
(iii) A pricing error or product description error.
(iv) You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
7.2 Please note that you are entitled to cancel this contract if you so wish under the Distance Selling Regulations provided that you exercise your right and notify us no longer than 7 working days after the day on which you receive the Products.
7.3 If you cancel this contract under the Distance Selling Regulations after your order has already been delivered or despatched, provided that you notified us in writing no longer than 7 working days after the day when you received the Products, and you have taken reasonable care of the Products and not used them, we will refund the purchase price and delivery charge. Please contact us by telephone on 01425 471037 should you wish to cancel.
7.4 We reserve the right to make a charge to cover the collection cost.
7.5 Please note that your right under the Distance Selling Regulations to return Products does not apply to
a. Goods made to meet your specification
b. Perishable goods such as flowers and food
c. Unsealed recording media such as DVDs and CDs, software or videos
7.6 We will amend or cancel an order placed for flowers or gifts up to 12 noon on the day before the scheduled delivery date requested by you. In this case you would have to notify us on the Saturday prior to a Monday delivery.
7.7 Each Product is purchased subject to any additional specific terms included in the product description on our website.
7.8 In the case of flowers and plants, we retain the right to make substitutions of equal or greater quality and value. We take care to ensure that all details of Products appearing on our website are correct and up to date, but cannot guarantee that Products are available at all times as described. We will confirm the price of a Product when accepting your order as described elswhere in these terms and conditions.
7.9 Please note that all prices quoted are inclusive of UK VAT where appropriate.
8. Website Linking
8.1 The Proposing party (You), wishes to link to the home or index page of the Accepting party (the Organisation). The parties therefore agree as follows:
a. The Proposing party shall only link to the home or index page of Accepting party’s web site and shall not at anytime link directly to any other page accessible through that web site so as to by-pass the home or index page without the express prior written approval of the Accepting party.
8.2 The parties further agree to the following:
a. That a link from the Proposing party web site to the Accepting party web site shall be in a form agreed between the parties, whether by means of a graphic or text link.
b. Any graphic link should use the graphic supplied by the Accepting party, such graphic to be supplied in a format suitable for display on a web page. Should the graphic not be supplied in a suitable format the parties agree that the Proposing party shall have permission to render the graphic into a suitable previously agreed format.
c. Such graphic shall be of a reasonable file size and shall not exceed the file size or display dimensions of any other graphics displayed on the same web page. The graphic shall be displayed in the same or similar display dimensions to any other graphics used for linking to a third party site as displayed on the same web page.
d. Furthermore the graphic shall not be displayed in a manner that distorts the dimensions or colours of the graphic so as to render it difficult to view or in the case of a logo, which dilutes the identity of the logo owner or could cause confusion to the public.
e. Any graphic shall also be coded with a text alternative (“img alt”) tag using Hypertext Markup Language (HTML) or other computer language coding producing the same result in the format of the Accepting party web site, or such other text alternative as may be agreed between the parties.
f. Any text link shall be displayed in a font in keeping with the look and feel of the Proposing party web site and shall be displayed in a font size no smaller than any other text link to another third party web site as displayed on the Proposing party web site. The content of such a text link shall consist of the words of the Accepting party web site address, or such other text link as may be agreed between the parties that accurately inform the user that they will be transferred to the Accepting party’s web site.
g. Wherever possible all links from shall be placed above the fold on any web page on which they are displayed.
8.3 In recognition that the actions listed below would impact upon the value and goodwill associated with the Accepting party’s web site, the Proposing party agrees not to do the following without the express prior written approval of the Accepting party:
a. Use the Accepting party’s name or Web Site Domain Address in keywords contained within the Meta Tags of any web page or referred to or repeated in the coding of any web page on the Proposing party’s web site; or
b. Register the Accepting party’s Web Site Domain Address or any similar sounding or similarly spelt Web Domain Name Address or any combination of the Accepting party’s web site as keywords with any search engine or directory; or
c. Refer to Accepting party’s Web Site Domain Address in any promotional material including press releases.
8.4 The named “Proposing party” and “Accepting party” in this Agreement shall include their replacements or such other party as may be appointed from time to time to manage such links.
8.5 Where required under this Agreement a request seeking prior written approval shall be correctly delivered where sent via email, fax or ordinary post.
9.1 We endeavour to respond to all user complaints or queries within five working days.
10. General Provisions
10.1 Please read the terms and conditions carefully.
10.2 If either party delays in acting upon a breach of this Agreement that delay will not be regarded as a waiver of that breach. If either party waives a breach of this Agreement that waiver is limited to that particular breach.
10.3 You are solely responsible for the content of any postings, data or transmissions using the Services or any other use of the Services by You or by any person or entity.
10.4 You represent, undertake and warrant to Us that neither You or any person or entity will use the Services for illegal, disruptive or objectionable purposes.
10.5 You will not use the Services in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will You authorise or permit any other person to do so.
10.6 You will not upload, post, link to or transmit:
a. any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.
b. any material containing a virus or other hostile computer program.
c. any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
10.7 You will not use the Services in any manner which interferes with, or disrupts, other network users, services or equipment including, without limitation, unsolicited advertising or chain letters, inappropriate news group or forum posts, wrongly impersonating another user and falsifying one’s network identity.
10.8 If We have reasonable grounds to believe that You are or have been utilising the Services for any such illegal, disruptive or objectionable purpose, We may immediately, without prior notice to You:
a. Suspend the Services.
b. Terminate this Agreement.
c. Amend, remove or prevent access to the offending material or content.
11.1 Failure by the Organisation to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
12. Limitation of Liability
12.1 Nothing in this Agreement excludes either party’s liability with respect to death and personal injury resulting from the negligence of that party, its employees, agents or subcontractors or for fraudulent misrepresentation or under the tort of deceit.
12.2 Neither party will be liable to the other under this contract for any loss or damage caused by it or its employees or agents in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach or any increase in loss or damages results from breach by the party suffering loss of any terms of this Agreement. Further, our liability shall not in any event include losses related to your business such as loss of data, loss of profits or business interruption.
12.3 Our liability to you in contract, tort, negligence or otherwise arising out of or in connection with this Agreement shall for any one incident or series of related incidents be limited to the value of the annual Fees paid (or payable) by you to us in the calendar year in which the liability first arose.
12.4 The Organisation shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
13.1 You shall indemnify Us and keep Us indemnified and hold Us harmless from and against any breach by You of these terms of business and any claim brought against Us by a third party resulting from the provision of Services by Us to You and Your use of the Services (including use without Your consent) including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses including reasonable legal costs and expenses, howsoever suffered or incurred by Us in consequences of Your breach or non-observance of any of the terms of this Agreement.
14. Force Majeure
14.1 Neither party will be liable to the other for any failure to deliver the Services or for any breach by it of this Agreement, where such failure or breach is due to a reason outside the reasonable control of such party, including, but not limited to, failure of a third party telecommunications provider, lightning, exceptionally severe weather, fire, explosion, war, riots, industrial disputes, acts of terrorism, government action or regulation or national or local emergency.
15.1 The Organisation shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your personal information or material and information transmitted over our system. In particular, neither the Organisation nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
16.1 These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. Your statutory rights are unaffected.
17. Changes to the Terms & Conditions
17.1 We may change the terms of this Agreement (including any Fees) at any time and without notice.
18.1 If any part, term or provision of this Agreement is held to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement will not be affected.
19. Entire Agreement
19.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between Us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between Us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, You confirm that You have not relied on any representation other than those expressly stated in these terms and conditions and You agree that You shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
20. Copyright Notice
20.1 All content, databases, graphics, buttons, icons, logos, layouts and look and feel are the copyright of the Organisation or others contributing to the content or structure of the site, unless expressly acknowledged as otherwise.
20.2 In accessing these web pages, you agree that any downloading of content is for personal, non-commercial reference only. No part of this web site may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission of the Organisation.