7.1 Orders may be amended or cancelled before we start to process and prepare the order. You can cancel an order by contacting us by email or telephone. Once we have started to process and prepare the order, it will be a “Started Order” and if you cancel a Started Order, you will be charged for that order in full and not be entitled to any kind of refund. If you cancel an order that is not a Started Order, you will not be charged for the order and, if you have paid, will be entitled to a refund using the same method of payment. Please note that we will decide, at our sole discretion, whether an order is a Started Order. 7.2 We may cancel an order at any time (if, for example, the product you ordered is not available, we are unable to obtain authorisation for your payment or a price or product description error is identified) and will let you know if we cancel an order. In such circumstances, you will not be charged for the order that has been cancelled by us and, if you have already paid for the order, you will be entitled to a refund using the same method that you used to pay for your order. 7.3 Nothing in these Terms of Sale shall affect any statutory rights of cancellation that you may have, but please note that any right to cancel under the Consumer Contracts Regulations 2013 does not apply to perishable goods such as flowers.
8. OUR LIABILITY
8.1 If you are a consumer, you have legal rights in relation to products that are faulty, not of satisfactory quality or not as described. Nothing in these Terms of Sale will affect these legal rights. 8.2 We do not exclude or limit in any way our liability to you for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, or for breach of your legal rights in relation to our products. 8.3 We will not be liable to you if we are prevented or delayed from complying with our obligations under these Terms of Sale by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control. 8.4 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these Terms of Sale or our failing to use reasonable care and skill, and we are not responsible for any loss or damage that is not foreseeable. Losses are foreseeable where if either it is obvious that they will happen or if they could be contemplated by you and us at the time your order is accepted by us. 8.5 In any event, we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues, lost business opportunity or business interruption 8.6 You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice. 8.7 We shall not be liable in respect of any allergic reactions occurring due to flowers or other material used in any arrangements, or if any staining or discoloration occurs due to the arrangements, unless instructed by you not to use particular flowers or materials or (in the case an allergic reaction) caused by our negligence. 8.8 In addition to the above and subject to clause 8.2, Subject to all of the above, if you are a business customer: (a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and (b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
9. INTELLECTUAL PROPERTY
9.1 You acknowledge and agree that McQueens retains ownership of all intellectual property rights and other rights in all and any designs, creative proposals, arrangements, artwork, drawings, photographs, visual images, displays, mood boards, materials, content and other information (“Materials”) that we create for you or provide or make available to you in relation to your order. You shall have no right to use, copy or modify the Materials in any way (whether for commercial or personal use or otherwise) without our prior written consent. 9.2 You acknowledge and agree that damages may not be an adequate remedy for a breach of Clause 9.1 and that, without prejudice to any and all other rights or remedies that it may have, we shall be entitled to seek an injunction, an order for specific performance or any other equitable relief for any actual or threatened breach. 9.3 Credit must be given to us in any social media photography that you take, using the hashtag #mcqueensflowers.