TEST TCR
1.1 These Terms and Conditions of Sale (“Terms of Sale”) are the terms and conditions on which McQueens Flowers Limited (“we”, “us” or “McQueens”) provides products to you (including flowers). In addition to the Website Terms of Use, your purchase of products from us through this website or via any other method (e.g. telephone or email) is subject to these Terms of Sale. Please read these Terms of Sale carefully before ordering any products from our site or via any other method. By placing an order for any of our products, you agree to be bound by these Terms of Sale.1.2 If you place an order through our website, you will be asked to tick a box on the final page of the checkout section to confirm that you accept these Terms of Sale before you can proceed with your order.
2. INFORMATION ABOUT US
2.1 Mcqueens.co.uk is a website operated by McQueens Flowers Limited, a private limited company incorporated and registered in England and Wales, whose registered office is at 1 Maddox Street, London, W1S 2PZ, United Kingdom. Our company registration number is 10913066. Our VAT number is 281513709. 2.2 If you need to contact us, please telephone us on +44 (0) 207 251 5505 or email us at enquiries@mcqueens.co.uk.
3.SERVICE
3.1 Our aim is to bring you beautiful high-quality floral designs via an excellent service. 3.2 McQueens offers an ordering and delivery service in London and most other parts of the UK (excluding the Channel Islands, Northern Ireland, and certain other UK islands). Operating hours will vary depending on local trading conditions. Please click on the relevant link to view the options for each product on our website, and then click on your chosen option – you will then be able to submit your order.
ORDER
3.3 When you place an order for our products via the website (or any other method), we will send you an email thanking you for your order and confirming your order and payment has been received and accepted by us (the “Confirmation Email”). The contract for the supply of any products will be between you and us and will only be formed when you have been sent the Confirmation Email. 3.4 Please ensure that you have given us a correct email address and telephone number as this is how we will communicate with you about your order. Upon receipt of the Confirmation Email, please
check the Order details for accuracy and let us know immediately if there are any errors.
4. FLOWERS
4.1 All orders of flowers are subject to availability. You understand and accept that flowers are natural products and some variation in size, colour, shape and length of life is to be expected and that they might vary slightly from the specifications. In the event of any supply difficulties, you acknowledge and agree that, at our sole discretion, we may substitute an ingredient or component with one of similar value and quality without notice. 4.2 Please call us prior to ordering if you have an allergy. We cannot guarantee that any of the flowers supplied by us are free of allergens. Some flowers may be harmful or poisonous. If you require further information before submitting an order, please contact us. 4.3 In order to get the best out of your flowers, please follow any maintenance guidelines or instructions that we may give to you. 4.4 Please note that fresh flower arrangements last an average of 5 to 6 days if properly cared for and our maintenance guidelines are followed. However, some seasonal flowers may only last 3 to 4 days; this is a characteristic of the flower. Assuming that your flowers are properly maintained in accordance with our guidelines, we only guarantee our flowers for these time periods. 4.5 If you order the McQueens East End bouquet or the McQueens West End bouquet, you acknowledge and agree that we will choose, in our sole discretion, the flowers and individual ingredients that form part of either of those bouquets depending on the season and availability. Vases shown in our website images are for styling only and will not be included with your order. 4.6 Please note that the images of the flowers and bouquets on our website are for illustrative purposes only and demonstrate the Medium size bouquet. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the flowers. Your flowers may vary slightly from those images. Please refer to the product descriptions on the website which will set out full details of the product.
6. REFUNDS
6.1 Should you cancel your order before it has become a Started Order (as defined in Section 7.1 below), we will refund your order. 6.2 In addition, subject to what we say in Section 4.4 above, if your order is incorrect or faulty, you will be entitled to a refund or replacement product. However, if there is a problem, you must let us know within one hour of receiving the order, due to the perishable nature of our products and in order to assist us in resolving any complaints quickly. You may not be eligible for a refund if you fail to notify us within this timescale. 6.3 Where there is a query regarding a refund, we will seek to review each situation and try to find an amicable solution. However, our decision on such matters will be final.
7.CANCELLATION
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.
10. GENERAL
10.1 Save in respect of fraudulent misrepresentation, these Terms of Sale comprise the entire agreement between you and McQueens and supersede all prior representations, agreements, arrangements and understandings between you and us (whether written or oral) with respect to your order. 10.2 No statement by any individual employed by us should be understood as a variation of these Terms of Sale or as a representation about the nature, quality of the website or any products made available on the website. 10.3 Each of the provisions of these Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful, invalid or otherwise unenforceable, those provisions shall be deemed severed from the remaining provisions and such remaining provisions will continue in full force and effect. 10.4 No delay or failure by us to exercise any powers, rights or remedies under these Terms of Sale will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. 10.5 A person who is not a party to this agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms of Sale but this does not affect any right or remedy which exists apart from that Act. 10.6 Your purchase will be deemed to have occurred in the UK. The English courts will have exclusive jurisdiction over any claim arising from, or related to, your order, our products and/or these Terms of Sale. These Terms of Sale and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. 10.7 Please read the terms of our Privacy Policy which contains important information about the use of the personal information you provide when using our website or placing an order with us. 10.8 We may revise these Terms of Sale at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.