Terms and Conditions - British Florist Association

Terms and Conditions

Terms and Conditions
1. Membership 

1.1 All Membership Types on this website (which may vary from time to time) are available to businesses trading in the UK.
1.2 All Memberships are subject to approval. In the event of the incorrect membership being requested, we reserve the right to amend the membership request and award the correct type for the individual or business.
1.3 In the event that we are unable to process the membership application, we shall notify you as soon as is reasonably possible and shall reimburse your payment in full and in any event no later than 30 days after the initial purchase date.
1.4 All membership applications are processed within 28 days of the date of purchase. You will receive your welcome pack which includes your certificate of membership, window decal, membership card and all other relevant membership documentation within 28 days.
Books & Miscellaneous Products

1.5 The Member must ensure at all times that the information included in its Find a Florist profile is up-to-date and correct. If the Member’s company information changes, it must contact The BFA by emailing membership@britishfloristassociation.org with the necessary information to enable the adjustments of the information in its database.

2. User name and password

2.1 On registering with us, you are issued with a user name and password which must be used in order to access certain restricted parts of the Website. The user name and password are personal to you and are not transferable. You can change your password whenever you wish via the self-service online tools.

2.2 Your username and password are the methods used by us to identify you and so are very important. You are responsible for all information posted on the Website by anyone using your username and password and any payments due for services accessed through the Website by anyone using your user name and password. Any breach of security of a user name and password should be notified to us immediately.

3. Product

3.1 All Products on this website (which may vary from time to time) are available in the UK.
3.2 All Products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute a Product of equivalent value and quality without notice.
3.3 In the event that we are unable to supply the Product or any substitute product to you at all, we shall notify you as soon as is reasonably possible and shall reimburse your payment in full and in any event no later than 30 days after the intended delivery date.

4. Prices

4.1 Prices listed within the Service are valid for a maximum of 14 days from submitting your order.
4.2 Prices include VAT.

5. Order / Payments

5.1 During order submission you shall be required to provide us with your personal details, including accurate postcode, together with those of the intended recipient and all necessary payment details. We accept payment by most major credit and debit cards. By clicking on the ‘complete order’ button on the Order Form, you are consenting to be bound by our terms and conditions contained in these Terms and Conditions and appearing anywhere on the Online site.
5.2 Submitting your Order Form is subject to our acceptance of this offer and we will not consider ourselves bound by a contract with you unless we have issued you a confirmation of order delivery by email. This is not the email sent on submission of an order.
5.3 We cannot accept Order Forms from customers under the age of eighteen (18) years.

6. Delivery

6.1 Our delivery service is only within the UK.
6.2 On acceptance by us of your Order Form we will advise you by e-mail confirmation of the intended delivery date. We will process Order Forms received on Sundays or Public Holidays the next working day. We do not deliver on Sundays or public holidays but in this case we will deliver the Product you request on the next working day.
6.3 Anomalies in your submitted personal details may lead to problems or delays in delivery, so before placing your order, please ensure that you have included the full address details, including accurate postcode of the intended recipient and your daytime contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered.
6.4 Whilst we agree to use all reasonable endeavours to ensure that delivery will be on the requested delivery date you acknowledge that in very occasional circumstances delivery on the requested terms will not be possible. In such circumstances you will be given prior notice wherever possible and we shall either make alternative arrangements or shall reimburse your payment in full.
6.5 In case of delivery to certain locations where a third party is involved, such as offices, hospitals, airports, hotels, ships and other business locations, the signature of any person authorised to accept delivery on behalf of the organisation shall be accepted as proof of delivery to your chosen recipient. Please be advised that we are unable to deliver wines, and plants to Funeral Directors, Hospitals, airports or ships.
6.6 Please note that we are only responsible for delivering against signature to the address you quote (or an imminent neighbour if no one is at home) we regret that where goods have been correctly delivered we can not accept responsibility if the intended recipient has moved, or lives elsewhere, and the actual received refuses or fails to return item(s).
6.7 Where the carrier is unable to find someone to accept delivery they will either deliver to a neighbour or leave a card at the address for the recipient to make contact.
6.8 It is possible to select a preferred delivery time within the order process in the Delivery Notes field. This option should be used only for orders requesting delivery to funerals or funeral parlours. Whilst every effort will be made to ensure your order is delivered prior to the time selected, no guarantee for delivery by the time specified can be given. To assist us in meeting your preference, please ensure your order is placed at least one working day prior to the preferred delivery time.
6.9 In the instance of there being difficulties in delivering your order to the intended recipient we reserve the right to contact the recipient using the contact details you provide on the Order Form.

7. Access to the Website and content

7.1 The information provided by us on the Website is not in any way an invitation or recommendation to buy any products, services, business, franchise, property or other opportunity featured and you should seek appropriate independent advice before buying anything advertised on the website.

7.2 We are continually improving the Website, so specifications or design changes may be made at any time. We shall use reasonable commercial endeavours to keep the Website up to date but information and specifications given are for your information only and are subject to change without notice.

7.3 We try to ensure that pictures on the Website are as accurate as possible, but there are technical limitations outside of our control that may result in  slight variations in colour and texture between the pictures originally uploaded and the pictures displayed. We accept no responsibility for the accuracy or image rights of the pictures uploaded by our advertisers.

7.4 We will endeavour to allow uninterrupted access to the Website, but access to the Website may be suspended, restricted or terminated at any time.

7.5 We reserve the right to change, modify, substitute, remove or limit access to any information on the Website. We will provide notice of this if it affects your personal data, in accordance with applicable UK law.

7.6 We assume no responsibility for the content of any other sites to which the Website links. We also cannot assume responsibility for the content or availability of advertisements placed on our website.

8. Intellectual Property

8.1 The copyright in the material contained in the Website, together with its design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software belongs to British Florist Association Ltd its advertisers or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed without our written permission.

8.2 Other product and company names mentioned on this Website may be the trademarks or registered trademarks of their respective owners.

8.3 If you are an advertiser, you shall retain ownership of all copyright in data you submit to the Website.

9. Exclusions of liability 

9.1 We use reasonable endeavours to ensure that the data on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. We do not monitor, verify or endorse information submitted by third parties for posting on the Website and you should be aware that such information may be inaccurate, incomplete or out of date. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Website. We do not guarantee that the Website will be fault free and do not accept liability for any errors or omissions.

9.2 Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted on to the Website, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with these terms and conditions or use of the Website save where such liability cannot be excluded by law.

9.3 We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology, although our best efforts are made to ensure that this remains the case

10. Cancellation

10.1 Orders may be amended or cancelled up to 24 hours before the intended delivery date.
10.2 To amend or cancel your order, please contact us using the contact details set out in Section 6 below.
10.3 You are entitled to cancel any payment at any time where fraudulent use has been made of your credit or debit card by another person not acting on behalf of you or as your agent and to be re-credited by us to the extent that such sums are not reimbursed by the card issuer in such circumstances

11. Refund policy

11.1 If you have purchased any advertising package and you have sold your business within the first 5 months of advertising term, you must inform the BFA.  You agree to provide us with formal proof confirming that the sale has completed, and stating a completion date. The proof can be either a solicitor or accountant document.

11.2 We will not issue a refund on other online advertising packages, online subscriptions or any other digital services or goods that you have purchased from this Website, unless the product requires by law that the product is returned and a refund is given.

12. Advertising.

12.1 An agreement for us to sell you goods or services is made on the basis of these terms and conditions when we accept your order for goods or services by confirming receipt of your payment for the goods or services.

12. 2 The description of the goods or service, price, currency, VAT and/or any other applicable costs will be set out in the order page.

13. Exclusion of liability for suppliers’ goods and services

13.1 We promote a number of suppliers on the Website and offer you the opportunity to buy goods and services from those suppliers through the Website. We can accept no liability for any goods or services provided by third party suppliers. Any goods or services which are not stated to be provided by us are provided by third parties over whom we do not have control and you should satisfy yourself that you wish to purchase those goods or services before contracting with the supplier. The suppliers will be supplying on their own standard terms and conditions and you should check that you agree to those terms and conditions before placing an order

14. Customer Services

14.1 In the event that you are not satisfied with the Online Service any complaints should be addressed to:

British Florist Association P.O. Box 365, Worksop, Nottinghamshire, S80 9EF

15. Disclaimer

15.1 Whilst we agree to use our reasonable endeavours to ensure that this Online Site and/or the Online Service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the Online Site and/or the Online Service and shall be released from our obligations under these Terms and Conditions in the event of any cause beyond our reasonable control which renders the provision of the Online Site and/or the Online Service impossible or impractical.
15.2 (a) We accept liability for death or personal injury arising from our negligence.
(b) Subject to clause 15.2(a), our liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your Order Form with us shall be limited to a multiple of 3 times the price you have paid for the Products.
(c) Subject to clauses 15.2(a) and 15.2(b) above we exclude all liability for any claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly out of or in any way connected with your use or inability to access the Online Site and/or the Online Service, whether arising in contract, tort (including negligence), under statute or otherwise PROVIDED THAT nothing contained in these Terms and Conditions affects or will affect your or the recipient’s statutory rights in relation to the quality, fitness or description of the Products supplied.
(d) Subject to clauses above, we shall not be liable for any delay or inability to perform our obligations to you if such delay is due to any cause whatsoever beyond our reasonable control.

16. Data 

16.1 We accept no liability for data supplied by any user for display on the Website and the limitations in condition 4 above (Exclusions of liability) apply.

16.2 If you submit data for display on the Website you are responsible for ensuring that the data is accurate, complete and up to date and for updating that data where necessary. If you submit data for display on the Website you are responsible for ensuring that no data is uploaded or submitted which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties. You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the Website is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Website or any other technology.

16.3 We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on the Website that we consider to constitute a misuse of the Website or which is otherwise harmful to other users of the Website.

16.4 You will indemnify us for any claim or loss (including without limitation, economic loss) suffered by us arising out of your failure to observe these conditions.

17. Data protection

17.1 We are committed to protecting your privacy. Please see our Privacy Policy on the footer of this website.

17.2 We will collect and use information supplied by you and other users of the Website to improve the Website and personalise your experience when you visit the Website. We may also use it to tell you about changes in our services or about features we think you may find interesting.

17.3 If you opt-in to receive newsletters and marketing emails from us, you may receive emails from our carefully selected third parties. We will also send you information about related business and franchise events and businesses. We will use your information to segment our emails based on where you are and what you have enquired on. We’ll also track the performance of our campaigns. If you do not consent to having your data used in this way, you must unsubscribe by clicking the ‘Unsubscribe’ link on an email, and/or adjusting your settings on the profile page on the ‘Find a florist

17.4 Under the Data Protection Act 1998 we follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access.

17.5 You may edit your personal information at any time.

18. General 

18.1 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Online Site and/or the Online Service from time to time. We will post any changes on the Site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Online Service or Online Site. Changes will be effective five (2) hours after the posting of any such change and all subsequent dealings between you and us shall be on the new terms and conditions.
18.2 Additionally, we reserve the right to suspend, restrict or terminate access to the Online Site and/or the Online Services for any reason at any time.
18.3 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Online Site, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
18.4 We shall ensure that we comply with the requirement of all current data protection legislation including, without limitation, the Data Protection Act 1998 (as replaced, modified or re-enacted from time to time). We shall only use personal data received from you for the purpose of fulfilling our obligations under these Terms and Conditions and as stated in our Privacy Policy.
18.5 A person who is not a party to the agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists apart from that Act.
18.6 Save in respect of fraudulent misrepresentation, this agreement (including any documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets forth the entire agreement and understanding between you and us relating to the subject matter hereof.
18.7 Your purchase will be deemed to have occurred in the UK. These Terms and Conditions shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English courts.

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