Terms of Sale

Terms of Sale

These Terms of Sale and any documents referred to herein, set out the terms and conditions governing your purchase of any goods and/or services on our website, www.kensingtonflowers.co.uk (our website),  over the phone (Tel. 020 7225 3176)  or in person at our shop at 15 Victoria Grove, London W8 5RW.  By purchasing goods and/or services on or via our website, over the phone or in store, you agree to be bound by, and to comply with, the Terms of Sale.

The effective date of these Terms of Sale is 5th May 2018

Please read these Terms of Sale carefully. We recommend that you print off a copy of these Terms of Sale for your records, as well as any future versions, as we may update them from time to time.

If for any reason whatsoever you do not agree to these Terms of Sale or do not wish to be bound by them, you must not place an order on this website, over the phone or in store.

Contents

If you have any questions regarding our Terms of Sale or have any comments or feedback, please email us at info@kensingtonflowers.co.uk  or call us on Tel. 020 7225 3176.

Our details

1.1   Kensington Flowers Ltd. (we, our and us) own and operates the website. Kensington Flowers Ltd. is a limited liability company incorporated in England and Wales, company number 5315189. Our registered address is The Hub, 300 Kensal Rd, London W10 5BE. Our VAT registration number is 852 727 215. Kensington Flowers is a trading name of Kensington Flowers Ltd.

1.2   Our contact telephone number is 020 7225 3176 and our contact email address is info@kensingtonflowers.co.uk.

Your agreement to these Terms of Sale

2.1   By placing and order for goods/services on our website, you agree to be bound by these Terms of Sale

2.2   If for any reason whatsoever you do not agree to these Terms of Sale or do not wish to be bound by them, you must not place an order on this website, over the phone or in store.

Placing an order

3.1 When placing an order, you will be required to provide/complete all the necessary information on the order form so that we can fulfil the order request. The mandatory information required includes; your name, billing address and telephone number and/or email address – to enable us to contact you, the recipient’s contact name, telephone number and delivery address (if the flowers are not going to be delivered to yourself) and all necessary payment details. A preferred delivery date is also required.

If there are any problems with the details given or with the transaction we shall contact you immediately from the contact details you provided.

3.2   Incorrect entry of order details may lead to problems and delays in delivery. Therefore before placing an order, please ensure you have provided accurate information.

3.3 When you submit your order on our website (by clicking on the Yes, Submit Order button), in store, via email or over the phone, you are consenting to be bound by our terms of sale and agree with our Privacy-Policy.

3.4 If ordering on line, your order will be acknowledged by an email and order number with a summary of the products/services ordered and the amount charged to your payment card. Please use this order number for any communications with Kensington Flowers.

3.5 If you have any queries with your order, please contact us on tel. 020 7225 3176 or send an email to info@kensingtonflowers.co.uk. We will contact you with the information you have provided, if we have any queries relating to your order. We will notify you directly within 48 hours if there are any problems in fulfilling your order/requests. We reserve the right to refuse an order if we are unable to fulfil the request/s given on the order form.

A full refund will be given if payment has been made but we regrettably are unable to process the order due to circumstances beyond our control.

3.6 Orders for same day delivery (Monday – Friday only) need to be placed before 2pm GMT to guarantee the order being delivered.  For orders received later than 2pm requesting same day delivery, we will do our best to process the request but hold no responsibility if the order is not delivered on the same day.  If an order is received late, the next available delivery date will be given.

3.7 Same day delivery is not available on Saturdays and Sundays or UK Bank Holidays. Orders placed on Saturdays, Sundays and Bank holidays or outside shop opening hours, will be processed on the following working day.

3.8  Please note that no orders can be processed or delivered between Christmas Eve and the 2nd week of the New Year. For orders to be delivered during August, please contact the shop, prior to placing an order.

3.9  Your order will only be processed if full correct payment is made. If there are any problems with the details given or with the transaction we shall contact you immediately from the contact details you provided. Orders will not be dispatched until full payment is made. If the payment is not made before the required delivery date, the order will be put on hold and will be delivered as soon as possible once the payment has been processed.  Although this delay is regrettable, it is, in these circumstances outside of our control and therefore we cannot offer any form of refund in these circumstances.

3.10  Please note that due to international time differences, orders and enquiries made from outside of the UK, are subject to delay if we receive them outside of our trading hours. Communications may be subject to delays, if we have queries relating to order details provided or problems with a delivery. Although this delay is regrettable, it is beyond our control and therefore we cannot offer any form of refund in these circumstances.

Cancellation or changes to your order

4.1  Should you need to cancel or make any changes to your order, please telephone us as soon as possible on 020 7225 3176, preferably 48 hours before the delivery date.  We can then process the cancellation or make the amendment to your order.

If an order has been placed and then we are informed the recipient is away on holiday, the order will be put on hold until a delivery date can be arranged. Should you not wish to postpone the delivery, a small cancellation fee will be charged. This charge covers any expenses incurred by Kensington flowers for the cancellation of the order.

Orders changed or cancelled on Saturdays, Sundays or Bank holidays will be treated as having been received on the following working day.

For peak season (Valentines, Mothers Day and Christmas) we are unable to guarantee to accept changes to orders within 48 hours of the intended delivery date.

4.2   If the order has already been made and/or delivered you may be fully or in part charged.

Prices

All prices for the products on our website will be indicated on the product pages, once you select the size and colour of the product chosen.

5.1  All prices for products and services listed on the website are inclusive of VAT at current rate. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the changes in the rate of VAT takes effect.

5.2 All prices, unless stated otherwise exclude delivery. Prices are liable to change at any time.

5.3 Delivery prices are calculated at the checkout and will be added to the total order value.

5.4 It is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. If a product’s correct price is lower than the stated price on the website, we will normally, at our discretion make up the value with additional flower to the amount paid. If a product’s correct price is higher than stated price on the website, we will normally, at our discretion, either contact you for instructions before delivering the product, or reject the order and notify you of such rejection. We will refund any sums you have paid. We are under no obligation to supply you with the Product at the incorrect (lower) price, even after we have sent you an order confirmation.

Payment

All payments must be made in British pounds sterling (£)

6.1 Online payments

We accept payment with all major credit cards and debit cards for internet transactions. You must pay for products at the time of online order. Your card will be charged at the time that you place your order online as indicated by the online system.

You have a choice to pay online via PayPal or via Worldpay. All credit card and debit card transactions are processed through these secure payment processors.

6.2 Credit/debit card payments, online, in store or over the phone.

All cards are subject to validation checks and authorisation by the card issuer. We will not be liable for delays or non-delivery if, for any reason, your card issuer refuses to authorise payment. Ownership of the products will only pass to you when we receive full payment or all sums due in respect of the products, including delivery charge.

6.3 Phone payments.

If paying for goods and services over the phone, we will process your card payment details immediately on our in-store card processor, powered by Worldpay. No card number details are written or recorded. You will be required to supply full card number details, expiry date, 3 (or 4) digit security number, well as the card holders name and billing address for the payment card.

6.4 Account Payments

You may choose to open an account with Kensington Flowers Ltd. To do so, you will be required to complete an account application form. Please contact us directly to request account application form. Email info@kensingtonflowers.co.uk or Tel. 0207 225 3176.

Invoices are issued at the end of each month and are to be paid by bank transfer, debit card or cash/cheque. No credit card payments are accepted for accounts.

For further information, please contact us.

Delivery

7.1  London Deliveries – Kensingtonflowers delivers to the London postcode districts using our own drivers or third party courier companies, as detailed on the delivery page. Delivery charges apply.

For London deliveries outside of these areas, please contact us prior to placing an order.  Deliveries may be arranged for other London areas, extra delivery charges will apply. In these circumstances, please contact us to find out the appropriate delivery charge.

Orders received for addresses outside of our standard delivery areas at an incorrect delivery rate, will not be processed until either the correct payment has been made or the order is changed appropriately at our discretion.

7.2  Nationwide deliveries –Kensington flowers offer an overnight nationwide courier delivery service. Extra delivery charges apply.

7.3 Our delivery service is not available on Saturdays (unless by prior arrangement) Sundays, UK public holidays or between Christmas Eve and the 2nd week of the New Year. For orders to be delivered during August, please contact the shop, prior to placing an order.

7.4  Special delivery conditions apply to certain locations where a third party is involved such as hospital’s, hotels, offices, theatres and porter serviced apartment buildings. In such cases, the signature of a person authorised to receive deliveries for the building shall be accepted as proof of delivery and fulfilment of the order. We recommend that flowers sent to these locations be requested for delivery Monday to Friday. Deliveries cannot be made to PO Box addresses.

7.5  Where possible, we will attempt to obtain a signature from the intended recipient or equally a person responsible to accept the goods at the delivery address on their behalf. In the case of a private residence, the signature of a family member or housekeeper will be accepted.

Under normal circumstances we will try to ensure that your order is delivered to the recipient’s address you provide. However, there are times when this is not possible due to problems with the address information or difficulties our drivers encounter when trying to deliver. To avoid such problems please:

  1. Ensure that the recipient address provided is accurate and that the recipient is not away.
  2. Give additional instructions to assist our drivers with difficult to find addresses.
  3. Keep us informed if you find that the recipient’s address or availability changes prior to the order being delivered.
  4. Supply a contact number for the recipient so that if our driver experiences problems with delivery they can contact them directly.
  5. Provide a ‘leave safe’ area option if the recipient is not in when our driver attempts delivery.

7.6   Should the recipient be out at the time of delivery, a card will be left stating attempted delivery was made and the contact details of Kensingtonflowers are given. Normally the flowers are returned to the shop and the recipient will then have to contact us to arrange for re-delivery. We also try to phone the recipient if their telephone number is available.

7.7  Where possible we try to leave the flowers in a safe area or with a neighbour/porter/reception, especially if instructions were given for the flowers to be left in a ‘leave safe’ option. A calling card will be left with instructions for the recipient to either contact Kensington Flowers to either arrange redelivery or with details of where the flowers have been left. The recipient will also be able to collect the flowers from our shop if more convenient.

7.8   If, following a second delivery attempt, we are still unable to deliver, through no fault of our own, we are regrettably unable to offer a refund or complimentary re-delivery. If we cannot get contact with the recipient, through no fault of our own or the recipient does not contact us, we cannot be held responsible for non delivery if Kensington flowers has tried all possible methods to fulfil the order and regrettably a refund/replacement cannot be given.

7.9   If we do not hear or manage to contact the recipient within 24 hours of attempted delivery, we will try to contact you for instructions for re-delivery. At our discretion, we may ask you to pay a further delivery charge.

Neither we, nor any courier service that we use shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control including but not limited to any fire, flood, explosion, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, government act, act of war, terrorism, act of god, or from any industrial dispute or strike whatsoever.

Refund Policy/Service Guarantee

8.1   We hope you and the recipient will be delighted with the flowers/plants or any product received from Kensingtonflowers. However if you are not happy, please contact us immediately on tel. 020 7225 3176. Because of their perishable nature, flowers may only be returned/replaced/refunded if the complaint is made within 24 hours of receipt. This does not affect your statutory rights.

The management will review the comments you have and should the cause be related to circumstances that are within our control, we will consider either of the following; issuing a full refund, a replacement and redelivery of your chosen product.

8.2   If the flowers we deliver are not what you ordered or are damaged or defective, or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us of the problem within 24 hours of the delivery of the products in question.  The original product must be returned to us in the same condition as when they arrived with the original packaging intact. The goods must be unused and unmarked. If the flowers cannot be easily returned to Kensington Flowers, photographic proof of the flowers/product received must be given/sent to us to.  This does not affect your statutory rights. Failure to do so will prevent us from processing any refunds or exchanges. If the product ordered was damaged on receipt or of an incorrect quantity, we will offer a full replacement and redelivery of the product at the next convenient date for your recipient. In London areas we will arrange a collection of the original product sent.*

8.3 *Please take care when unpacking and repacking.  If you wish to return a product to us, we cannot be held responsible for goods lost in transit. Please note that you are responsible for taking care to ensure the items are returned to us in the condition in which they were received by you. It is recommended that you send by registered post and retain proof of posting. Refunds and exchanges are made approximately 1 week after receipt of goods to allow for inspection. Customers who have paid by credit card will have their accounts credited. Refunds shall not be made to a third party.

As soon as we receive your returned goods/photographic proof we will process your request. We will contact you to offer an alternative, replacement or a refund. Post and packaging costs are not refundable unless the goods are faulty/damaged. In the event of the goods being faulty/damaged, we will cover all costs for postage and either exchange or refund the goods.

8.4   Please note that you and/or the recipient are responsible for the after care of the flowers and/or plants, once delivered. Care instructions are given with the goods and Kensingtonflowers will be happy to offer advice and support on the care of flowers/plants that are delivered should you have any questions. We cannot be held responsible for goods once the items are received.

8.5   For further information, please refer to our delivery/customer service guarantee policy.

8.6  For products and services provided by our third party partnership companies, for example Mybaker and Victoire and Lou, we cannot be held responsible for their products.  Should you be unhappy with any Mybaker or Victoire and Lou product provided, please contact them directly.

Mybaker – email;  kensingtonflowers@mybaker.co Tel 020 3239 4399

Victoire and Lou – email;  sandrine@victoireandlou.com

Our products, flower availability and substitution

9.1   All products are subject to availability, and acceptance of your orders.  In the event of any supply difficulties or if the flowers we receive from our suppliers that are needed to make up your order do not meet our high quality standards, we reserve the right to substitute any product with an alternative product of a similar style/colour and equivalent value and quality, without notice.

9.2   Naturally we are working with fresh, seasonal produce that are often affected by climate and can, as such, have unpredictable availability.  If for any reason, we are unable to fulfil your chosen product, or elements of it, we reserve the right to substitute a product of equivalent value and quality without notice.

9.3   We reserve the right to refuse an order if we are unable to fulfil the request/s given on the order form. The customer will be notified either via email (at the contact email address given on the order form) or telephone if we refuse or are unable to fulfil the requests of the order.  A full refund will be given if payment has been made but we regrettably are unable to process the order.

9.4   Flowers may be delivered in bud to ensure a longer life. The flowers and plants are for decorative purposes only and not to be consumed.  Some flower bouquet contents may be harmful if eaten and/or a skin irritant.  We advise to always wash hands thoroughly after handing flowers and plants.

9.5 Products may vary slightly from their pictures. The images of products on our website are for illustrative purposes only. Our bouquets are made bespoke for each order therefore will not be identical to what is displayed on our website. The packaging of the products may vary slightly from what is displayed on the website, but will always be of the same or higher quality. Glassware shown on the website may occasionally be substituted with alternative glassware but this will always be replaced with glassware of the same or higher quality.

Personal Messages

10.1   You must agree that any messages posted by your card or sent by us on your behalf to a third party will not contain anything that can be construed as vulgar, harassing, abusive, racist, obscene, defamatory or which may cause upset and embarrassment to the recipient or any other person. Kensingtonflowers has the right to refuse to send or display objectionable messages.

Data Protection Privacy

Please read the terms outlined in our Privacy Policy and Cookies policy carefully before using this website or submitting your personal data to us.  Using this website or otherwise submitting your personal data to us/agreeing to submit your personal data indicates that you accept the terms of our Privacy Policies, full details here privacy policy   

Disclaimer

12.1   Whilst we agree to use our reasonable endeavours to ensure that the Kensingtonflowers website and/or services are fully operational and error free, we cannot guarantee this and therefore accept no responsibility for any defects and/or interruption of the Kensingtonflowers website or services and shall be released from our obligations under these Terms of Sale in the event of any cause beyond our reasonable control which renders the provision of the Kensingtonflowers website and/or Kensingtonflowers service impossible or impractical.

General Information

13.1   We reserve the right to supplement and amend the Terms of Sale on which you are permitted access to the website from time to time. Any changes will be posted on the website and it is your responsibility as a customer to review any changes on accessing the website. We reserve the right to suspend, restrict or terminate access to the website for any reason at any time.

Contact Information

For further information, queries or comments regarding our services please contact us.

Email to:  info@kensingtonflowers.co.uk

Or write to us at
Kensington Flowers
15 Victoria Grove
London W8 5RW

Telephone number – 020 7225 3176

Registered in England and Wales: 5313189

Company’s registered address:  119 The Hub, 300 Kensal Road, London W10 5BE

VAT Number: 852 727 215

Member of the BFA (British Florist Association)