Wall Hung Flowers

TERMS AND CONDITIONS OF WEBSITE USE

These terms and conditions apply between you, the user of this Website (oliviajoyflowers.co.uk), including any sub-domains, unless expressly excluded by their own terms and conditions, and Olivia Joy Flowers, the owner and operator of this website. Please read these terms and conditions carefully as they affect your legal rights. Your agreement to comply with and be bound by these terms is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions you should stop using the website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Olivia Joy Flowers and acting in the course of their employment, or (ii) engaged as a consultant or otherwise providing services to Olivia Joy Flowers and accessing the Website in connection with the provision of such services.

Intellectual property and acceptable use

1. All Content included on the Website, unless stated as being used under license and/or with permission, is the property of Olivia Joy Flowers, our affiliates or other relevant third parties. Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website. Nothin on this Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website without the owner’s explicit prior written permission.

2. You must not reproduce, modify, copy, distribute or use for commercial purposes any Content without the owner’s explicit prior written permission.

Prohibited use

3. You may not use the Website:

a. in any way that causes, or may cause, damage to the Website or interfere with any other person’s use or enjoyment of the Website

b. in any way that is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation or government order

c. to make, transmit or store electronic copies of Content protected by copyright without the owner’s explicit prior written permission

Availability of the Website and disclaimers

4. Any online facilities, tools, services or information that Olivia Joy Flowers makes available through the Website (the Service) is provided “as is” and on an “as available” basis. No warranty is given that the Service is or will be free of defects and/or faults. To the maximum extent permitted by law, we provide no warranties, either express or implied, of fitness for any particular purpose, accuracy of information, compatibility and satisfactory quality. Olivia Joy Flowers is under no obligation to update information on the Website.

5. While Olivia Joy Flowers uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, no warranty or guarantee is given in this regard and we recommend that all Users take responsibility for the security or their own computer(s) and personal data.

6. Olivia Joy Flowers accepts no liability for any disruption or non-availability of the Website

7. Olivia Joy Flowers reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless explicitly stated otherwise.

Limitation of liability

8. Nothing in these terms and conditions will:

a. limit or exclude our or your liability for death or personal injury resulting from our or your negligence as applicable

b. limit or exclude our or your liability for fraud or fraudulent misrepresentations

c. limit or exclude any of our or your liabilities in any way that is not permitted under applicable law

9. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

10. To the maximum extent permitted by law, Olivia Joy Flowers accepts no liability for any of the following:

a. business losses such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities.

b. loss or corruption of any data, database or software

c. any special, indirect or consequential loss or damage

General

11. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

12. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

13. These terms and conditions contain the whole agreement between the parties in relation to use of the Website and they supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions of Website use.

14. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

15. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity or enforceability of the other provisions of these terms and conditions will not be affected.

16. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver or that, or any other, right or remedy.

17. This Agreement shall be governed by, and interpreted, according to the law of England and Wales.  All disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction or the English or Welsh courts.

Olivia Joy Flowers

18. This Website is managed and operated by the Webmaster of Olivia Joy Flowers who can be contacted by email at webmaster@oliviajoyflowers.co.uk.

 

PRIVACY POLICY

This privacy policy applied between you, the User of this Website and Olivia Joy Flowers, the owner and provider of this Website. Olivia Joy Flowers takes the privacy of your information seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of this Website and any transactions that occur through it. Please read this policy very carefully.

Definitions and interpretation

In this privacy policy the following definitions are used:

Data	Collectively all the information that you submit to Olivia Joy Flowers via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws.
Data Protection Laws	Any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK.
GDPR	The General Data Protection Regulation (EU) 2016/679
Olivia Joy Flowers	The owner and operator of the Website oliviajoyflowers.co.uk
we or us	Olivia Joy Flowers
User or you	Any third party that accesses the Website and is not either (i) employed by Olivia Joy Flowers and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Olivia Joy Flowers and accessing the Website in connection with the provision of such services
Website	The website that you are currently using, oliviajoyflowers.co.uk, and any sub-domains of this site unless expressly excluded by their own terms and conditions

2. In this privacy policy, unless the context requires a different interpretation:

a. the singular includes the plural and vice-versa

b. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy

c. a reference to a person includes firms, companies, government entities, trusts and partnerships

d. “including” is understood to mean “including without limitation”

e. reference to any statutory provision includes any modification or enhancement of it

f. the headings and sub-headings do not form part of this privacy policy

Scope of this privacy policy

3. This privacy policy applies only to the actions of Olivia Joy Flowers and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.

4. For purposes of the applicable Data Protection Laws, Olivia Joy Flowers is the “data controller”. The means that Olivia Joy Flowers determines the purposes for which, and the manner in which, your Data is processed.

How we collect Data

5. We collect Data in the following ways:

a. data is given to us by you, and

b. data is collected automatically

Data that is given to us by you

6. Olivia Joy Flowers will collect your Data in a number of ways, for example when you contact us through the Website, by telephone, post or email, or through any other means; in each case in accordance with this privacy policy.

Data that is collected automatically

7. To the extent that you access the Website, we will collect your Data automatically. For example we automatically collection some information about your visit to the Website. This information helps us to make improvements to the Website content and navigation, and includes your IP address, the dates, times and frequency with which you access the Website and the way you use and interact with its Content.

Keeping Data Secure

8. We will use technical and organisational measure to safeguard your Data. For example access to your Data is controlled by a username and password that is unique to you, and we store your Data on secure servers.

9. Technical and organisational measure include measures to deal with any suspected data breach. If you suspect any misuser loss of unauthorised access to your Data, please let us know immediately by contacting us at webmaster@oliviajoyflowers.co.uk.

10. If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and other online problems, visit getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

Data retention

11. Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Data be deleted.

12. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.

Your rights

13. You have the following rights in relation to your Data:

a. Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this unless your request is “manifestly unfounded or excessive”. Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reason(s) why.

b. Right to correct - the right to have your Data rectified if it is inaccurate or incomplete

c. Right to erase - the right to request that we delete or remove your Data from our systems

d. Right to restrict our use of your Data - the right to “block” us from using your Data or limit the way in which we can use it.

e. Right to data portability - the right to request that we move, copy our transfer your Data

f. Right to object - the right to object to our use of your Data including where we use it for our legitimate interests

14. To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is the legal basis for processing your Data), please contact us at webmaster@oliviajoyflowers.co.uk.

15. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner’s Office (ICO). The ICO contact details may be found on their website https://ico.org.uk.

16. It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period during which we hold it.

Links to other websites

17. This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. The privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

Changes of business ownership and control

18. Olivia Joy Flowers may, from time to time, expand or reduce our business and this may involve the sale and/or transfer of control of all or part of Olivia Joy Flowers. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.

19. We may disclose Data to a prospective purchaser of our business or any part of it.

20. In the above instances, we will take steps with the aim of ensuring that your privacy is protected.

General

21. You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

22. If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity or enforceability of the other provisions of this privacy policy will not be affected.

23. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver or that, or any other, right or remedy.

24. This Agreement shall be governed by, and interpreted, according to the law of England and Wales.  All disputes arising under the Agreement shall be subject to the exclusive jurisdiction or the English or Welsh courts.

Changes to this privacy policy

25. Olivia Joy Flowers reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be posted on the Website as soon as practicable and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following any such changes.

Olivia Joy Flowers

26. This Website is managed and operated by the Webmaster of Olivia Joy Flowers who can be contacted by email at webmaster@oliviajoyflowers.co.uk.

 

TERMS AND CONDITIONS OF SERVICE

Please read these terms and conditions carefully; your placement of an order and/or our receipt of payment from you is deemed to indicate that you understand and accept them.

Business trading

1. Olivia Campbell is a registered Sole Trader, trading as Olivia Joy Flowers.

Applicability

2. These terms and conditions of service are applicable to bespoke commissions.

Initial enquiry

3. After you have made an initial enquiry about our services, we will normally schedule a consultation appointment with you to discuss the specific requirements of your commission.

4. Consultations will be held either in-person or by means of video-conferencing. While we are required by HM Government or local authorities to adhere to measures associated with mitigating the effects of the COVID-19 outbreak, such as ‘social-distancing’ and the imposition of ‘Tiers’ during which time in-person meetings are either expressly disallowed or not recommended by such authorities, consultations will take place exclusively by means of video-conferencing on an agreed platform.

5. The consultation will include, but not necessarily be limited to, the style, theme and colours associated with your commission. In addition, we shall collect data from you that is necessary for us to provide an effective service (where such data has not already been collected), including but not limited to your contact details, email address, delivery address and the required date/time of delivery.

6. We take your privacy seriously. Please read our privacy policy for details of how we handle your data.

Wedding and special event commission

7. The minimum order value associated with a wedding or special event is £500, excluding orders for individual bridal bouquets.

8. The minimum lead time required for wedding commissions is two calendar months, a period which may be reduced at our discretion.

9. The minimum lead time required for special event commissions (i.e., events other than weddings) is one calendar month, a period which may be reduced at our discretion.

10. Should you wish to proceed with booking for a wedding or special event and we have agreed to take the commission, your booking will be confirmed as accepted once we are in receipt of an advance payment of £300. The advance payment will be deducted from the total cost.

11. Our ability to provide a wedding or special event commission will be dependent upon the volume of existing commissions in our order book, and we cannot guarantee being able to accept every, or any, commission. Once we have the necessary information from you at the initial enquiry stage to determine whether fulfilment of your commission is possible we shall inform you.

12. Once we are in receipt of the advance payment we shall create a bespoke price list that will include each item that you expressed an interest for inclusion during the consultation; the list will be itemised and will include the price per item along with images to illustrate the scale, style and overall look. We shall also produce a mood board that will contain examples of the flowers and foliage that we propose to use in your commission.

13. A set of images of the finished product(s) will be emailed to you prior to delivery. In addtion, if your order value is £200 or above, a set of work-in-progress photographs will be emailed to you during the creation process.

14. Provided that the minimum lead time is available to us, we shall take all reasonable endeavours to complete your commission two weeks prior to the date of your wedding or special event, and deliver the commission products in sufficient time to be set up.

15. Based on the bespoke price list, we will send you an invoice indicating the total charge for the commission which must be paid by the date indicated.

16. The total order cost may be spread across up to three separate payments, for example an invoice for wedding party flowers and an invoice for table decorations. We recommend this approach in the case that a wedding or special event venue has not been secured at the time that we agree to undertake your commission.

17. Any payment associated with bespoke commissions should be made by bank transfer using the details shown on the invoice.

18. If a commission includes a requirement for us to set up at the wedding or special event venue, a setup fee will be added to the order value.

Other commissions

19. Should you wish to proceed with booking where the value of a commission is £200 or greater, but less than £500, your booking will be confirmed as accepted once we are in receipt of a non-refundable advance payment of 20% of the order value.

20. Should you wish to proceed with booking where the value of a commission is less than £200, your booking will be confirmed as accepted once we are in receipt of the full order value.

All commissions

21. We are under no obligation to undertake work on a commission until we are in receipt of the required payment as indicated.

22. Items made for any commission will only be dispatched upon receipt of the associated payment.

23. We reserve the right to resell any completed commission items not paid for after 30 days from the invoice date.

24. The quotation we provide will be based upon the discussion held during the consultation following the initial enquiry.  Any subsequent changes required by you may incur additional charges, depending upon the process or service provided and subject to our discretion.  All requests for design changes must be made by email to olivia@oliviajoyflowers.co.uk.

Postponement or cancellation

 25. Should you postpone your wedding or special event and move it to a future date it is your responsibility to inform us as soon as possible. We will make all reasonable endeavours to accommodate the change but cannot guarantee to do so. If we are unable to accommodate the change to a future date, we reserve the right to retain part or all of any payment(s) made up to the date on which we received the postponement notice from you. This policy does not affect your statutory rights.

26. Should you cancel your wedding or special event, we reserve the right to retain part or all of any payment(s) made up to the date on which we received the cancellation notice from you. Depending upon the amount of work we have already undertaken on your commission, we may offer you a partial refund at our discretion. This policy does not affect your statutory rights.

Faulty product

27. In the unlikely event that you find our product to be faulty, we require notification to the effect within seven days of you receiving the product and by email to olivia@oliviajoyflowers.co.uk. You must attach clear photographic evidence of any apparent fault to be enable us to determine possible cause. If we agree that the product is faulty, we shall confirm the same by return email within three days and provide the mailing label. Faulty products must be returned in the original packaging.

28. Time permitting, any product agreed by us to be faulty will be repaired or replaced. Where a faulty product is part of a commission a credit will be made against the final invoice value, otherwise a refund will be made.

Disclaimers

29. We take all reasonable endeavours to produce flowers and foliage in line with the agreed commission. However, we cannot take responsibility for matters beyond our control, such as the availability of materials, material colours etc. Where it is necessary to substitute an item because we are unable to procure the necessary materials, we shall inform you in a timely manner as far as reasonably practicable and seek to obtain your agreement to the substitution.

30. All of our flowers and foliage are handmade so the shape, size and colour may differ slightly between items of the same type.

31. Photographs of our products may not accurately represent their actual colour because of lighting and the way in which photographic sensors obtain images.

32. We will not be held responsible for any personal injury, damages or consequential losses arising from the use or misuse of our products.

33. Although we will always make all reasonable endeavours to provide the services we offer, under circumstances of force majeure or others beyond our control that affect our ability to work, such as ill-health, we will not be held negligent or responsible for failure to provide a normal service.