Terms and Conditions
Terms and Conditions
Terms and Conditions are the standard terms for the provision of services by Your Everlasting Rose a Private Limited Company.
- Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|“Business Day”||means any day other than a Saturday, Sunday or bank holiday;|
|“Calendar Day”||means any day of the year;|
|“Contract”||means the contract for the provision of Services, as explained in Clause 3;|
|“Deposit”||means an advance payment made to Us under sub-Clause 5.5;|
|“Month”||means a calendar month;|
|“Price”||means the price payable for the Services;|
|“Services”||means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);|
|“Special Price”||means a special offer price payable for Services which We may offer from time to time;|
|“Order”||means your order for the Services|
|“Order Confirmation”||means Our acceptance and confirmation of your Order as described in Clause 3;|
|“We/Us/Our”||means Your Everlasting Rose Limited|
Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.
- Information About Us
- Your Everlasting Rose Limited is a Private Limited Company registered in England under number 10587767 ,whose registered address is 138a Rochdale Road, Bury, Lancashire, BL9 7BD and whose main trading address is 138a Rochdale Road, Bury, Lancashire, BL9 7BD.
- We are not VAT registered
- The Contract
- These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
- Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
- A legally binding contract between Us and you will be created upon our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing.
- We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
- The main characteristics of the Services;
- Our identity (set out above in Clause 2) and contact details (as set out below in Clause 11);
- The total Price for the Services including taxes or, if the nature of the Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
- The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services;
- Our complaints handling policy;
- Where applicable, details of after-sales services and commercial guarantees;
- The duration of the Contract, where applicable, or if the Contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract;
- All Orders for Services made by you will be subject to these Terms and Conditions.
- You may change your Order at any time before We begin providing the Services by contacting Us. Requests to change Orders do not need to be made in writing.
- If your Order is changed we will inform you of any change to the Price in writing.
- You may cancel your Order within the period of time prior to dispatching the order of placing it. If you have already made any payments to Us under Clause 5 (including, but not limited to the Deposit), subject to sub-Clause 5.6, the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If you request that your Order be cancelled, you must confirm this in writing. If you wish to cancel the Services after this time period, or once We have begun providing the Services, please refer to Clause 9.
- We may cancel your Order at any time before We begin providing the Services due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform you as soon as is reasonably possible. If you have made any payments to Us under Clause 5 (including, but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing you of the cancellation. Cancellations will be confirmed in writing.
- Price and Payment
- The Price of the Services will be that shown in Our website shop page; www.youreverlastingrose.co.uk/shop in place at the time of your Order. If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.
- If We quote a Special Price which is different to the Price shown in Our current Shop, the Special Price will be valid for 24 hours unless otherwise specified or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.
- Our Prices may change at any time but these changes will not affect Orders that We have already accepted.
- All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment in full from you.
- We accept the following methods of payment:
- Credit Card;
- Debit Card;
- Stripe Card Payments; to view Stripe terms and conditions please view https://stripe.com/gb/checkout/legal
- Providing the Services
- As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the e-commerce sector and in accordance with any information provided by Us about the Services and about Us.
- We will begin providing the Services on the date confirmed in Our Order Confirmation.
- We will make every reasonable effort to complete the Services on time (and in accordance with your Order). We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please see Clause 7 for events outside of Our control.
- If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible. Examples of what we may require include: time of delivery, choice of colours, payment etc.
- If the information or action required of you under sub-Clause 6.5 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, We may charge you a reasonable additional sum for that work.
- In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 6.5, We may suspend the Services (and will inform you of that suspension in writing).
- In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention We will inform you in advance in writing before suspending the Services.
- If the Services are suspended under sub-Clauses 6.7 or 6.8, you will not be required to pay for them during the period of suspension. You must, however, pay any invoices that you have already received from Us by their due date(s).
- If you do not pay Us for the Services as required by Clause 5, We may suspend the Services until you have paid all outstanding sums due. If this happens, We will inform you in writing. This does not affect Our right to charge you interest under sub-Clause 5.10.
- Events Outside of Our Control (Force Majeure)
- We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
- If any event described under this Clause 7 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
- We will inform you as soon as is reasonably possible;
- Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
- We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
- If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 8. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation notice.
- If you wish to cancel your Order for the Services before the Services begin, you may do so under sub-Clause 4.4.
- Once We have begun providing the Services, you are free to cancel the Services and the Contract at any time by contacting us via email to email@example.com prior to the order being made, as soon as possible. Once the order has been made to order or shipped it is not possible for you to cancel our order and payment shall be taken.
- If any of the following occur, you may cancel the Services and the Contract immediately by giving Us written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5. If you cancel because of Our breach under sub-Clause 10.3.1, you will not be required to make any payments to Us. You will not be required to give us notice in these circumstances:
- We have breached the Contract in any material way and have failed to remedy that breach within a reasonable period of you asking Us to do so in writing; or
- We enter into liquidation or have an administrator or receiver appointed over Our assets; or
- We are unable to provide the Services due to an event outside of Our control; or
- We change these Terms and Conditions to your material disadvantage.
- Communication and Contact Details
- If you wish to contact Us, you may do so by telephone at 07821127511 or by email at firstname.lastname@example.org.
- In certain circumstances you must contact Us in writing. When contacting Us in writing you may use the following methods:
- Contact Us by email at email@example.com
- Complaints and Feedback
- We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
- All complaints are handled in accordance with Our complaints handling policy and procedure, available from contacting us directly.
- How We Use Your Personal Information (Data Protection)
- All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
- For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from youreverlastingrose.co.uk
In the event of a rose being damaged on receipt, the customer must email firstname.lastname@example.org and provide photographic evidence. If damaged during transit then Your Everlasting Rose will provide a replacement item only upon receipt of damaged goods. Please note that due to stock this item may be different than the one ordered.
Each item is made to order to each customer and as a result we do not ordinarily accept returns.
Your Everlasting Rose will plant one tree with every purchase, we believe luxury doesn’t have to cost the earth.
“Think Globally, Act Locally”