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We are FUNKY FLORA LTD. POSTAL ADDRESS
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Email Warning Please do not send e-mails to us with embedded pictures, viruses or files as these are AUTOMATICALLY DELETED by our security software. If you need to send documents to us please first e-mail us at support@funkyflora.com requesting the e-mail address to send documents to. You can then send them to the address supplied as file attachments of no more than 500 Kbytes in size, with a description of the file contents in the attached e-mail.
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Contacting You Our usual form of contact is the e-mail address you specify on your original order, so please ensure this is correct and inform us immediately of any changes to it. You will get an automatic confirmation, of receipt of your order to your e-mail address shortly after submitting your order. If you do not receive this within 24 hours of submitting your order then please e-mail our support team at support@funkyflora.com with the details of your order – but not your credit card details.
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Payment of Goods For goods that will be dispatched to you within 21 days, we will charge your credit / debit account for payment of the full price upon receipt of order. If delivery time is longer than 21 days we will charge your credit / debit account the full price of the order at least 7 days before dispatch. If it is not possible to obtain full payment for the goods from your account then the contract of sale will be deemed cancelled and although we will make every effort to inform you of this cancellation, we will be under no obligation to so do. We can cancel the order at any time after acceptance without notification and will refund your credit / debit account in full for any monies we have already charged to it, but will accept no liability for any interest or other charges howsoever caused. If the price of the goods increases between us accepting you order and charging your credit / debit card we will inform you by e-mail and ask you to re-confirm your order at the new price or cancel the order. You can also elect to pay for the goods by cheque or any other commercial payment method by printing out the completed online order form and sending it with your payment, but your order will only be accepted once cleared payment has reached our account.
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Delivery Charge Postal & Courier Deliveries to the
UK Mainland Deliveries within defined Postal Code Areas
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Delivery of Goods The place of delivery of the goods must also be the address of the holder of the credit / debit card being used in the transaction. Postal & Courier
Deliveries to the UK Mainland Deliveries within defined
Postal Code Areas DELIVERY OF FROST SENSITIVE PLANTS will only be undertaken when the outside temperature is at least 5 degrees centigrade, so if you are liable to be out when delivery occurs, please make sure you are back in time before the outside temperature falls! Delivery dates are not guaranteed (except by special arrangement for high value goods) so if we fail to deliver on the date specified due to reasons beyond our reasonable control, we will contact you to arrange another delivery date. We do not accept any liability whatsoever for loss or damages caused by our non-delivery of the goods on the specified days. Ownership of the goods passes to you only when the goods have been successfully delivered to you and we have received cleared payment in full. |
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Substitution If at the time of delivery we do not have the plant that you have ordered in stock we reserve the right to substitute it with a plant of the same variety, but different colour unless you have instructed us “no substitutions”. In this case we will inform you by e-mail and ask you for a substitution or if you wish to cancel that part of the order. All plants ordered with “no substitutions” are subject to reduced discount and do not count towards the accumulated total purchases for the Discount Loyalty Scheme. If at the time of delivery we have sold out of the variety you have requested, we will e-mail you to suggest possible alternatives or you may cancel that part of the order. The remainder of the order will at our discretion be liable for the same discounts had the undelivered parts still been part of the order.
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Liabilities The total liability of any claim will not exceed the original selling price of the product. This contract of sale is not a guarantee that we will deliver the goods ordered and as such we accept no liability whatsoever for loss of profit or other financial loss that your business may suffer as a result of the non delivery of the goods ordered in part or whole. Whilst we will take all reasonable precautions to keep all your data supplied to us secure, we accept no liability for losses you may suffer as a result of unauthorised access to your data by a third party.
All plants are sold without any warranty, express or implied, although we will endeavor to treat sympathetically any problems that may occur. Many plants can be poisonous or irritant to humans and animals, we accept no responsibility to inform you of this. It is entirely up to you as the purchaser to ascertain the plants suitability for a particular purpose. The term “HERB” does not necessarily mean suitable for culinary use. All plants will be subject to Standard or Zero rating for VAT purposes as described by the relevant HM Customs and Excise publications and this is not intended to reflect their suitability for culinary use, which should be ascertained by the purchaser by other means. We have no responsibility for the content or nature of any other web site to which this site has links.
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Cancellations You can cancel your order at any time up until 24 Hours before dispatch and we will refund your payment in full. If when you receive the goods (and not later than 7 days after) you are not entirely happy with them you can cancel your order and return the goods to us. All we ask is that you care for the plants according to the care instructions dispatched with them whilst in your possession. Once we have received the plants back we will refund you the cost of the plants less any reasonable costs we may have incurred.
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Goods Lost or Damaged in Transit Within 24 hours of this becoming apparent please report the loss or damage to the Postal or Courier company that delivered (or should have delivered) the goods to you and complete their damage / loss forms which should then be sent to us. The details of the Postal or Courier Company will be on the e-mail to you advising you of dispatch of the goods. We will then submit the claim to the insurers and when they finalise the claim we will inform you and pass on any settlement in full directly to you.
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Privacy and Security Statement We guarantee not to sell or knowingly make available your e-mail
address or any other personal details to any other company or
organisation excepting in extreme cases any law enforcement agencies
or by court order other than in the due course of our normal business.
YES – WE HATE JUNK MAIL AS WELL!! All e-mails sent by us have been scanned by the latest anti-virus software prior to transmission. We will not send you e-mails about special offers or reminders unless you have requested to receive them. If you later decide to change your mind please login to your account and amend these options.
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Governing Law and Jurisdiction These terms and conditions will be governed by the Laws of England and any disputes will be resolved exclusively by the English Courts. If we elect not to enforce any terms or conditions for any reason and at any time, that non-enforcement will not affect the remainder of these terms and conditions, nor stop us enforcing the original term or condition on a different occasion. Should any of these terms and conditions be found to be unlawful, unenforceable or invalid, by any court or law enforcement authority in any jurisdiction, then the term or condition in question will be deemed to be no longer part of these terms and conditions within the jurisdiction of that court or law enforcement authority. It will not however affect the enforceability of any other of the terms or conditions nor will it effect any of these terms and conditions within any other jurisdiction. These terms and conditions do not affect you statutory rights as a consumer.
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Copyright All the content of this web site (viewable and hidden) including the software compilation are our copyrighted property or that of the people or organisations that have granted us the right to use it and are therefore protected. All rights reserved. Any names logos or slogans used within this web site may be a trademark and their unauthorised use may be unlawful. None of the material on this web site may be used without our written permission. You may however download one copy of any written or photographic material for which we hold the copyright for your own personal, private and non-commercial use. We reserve the right to alter these terms and conditions at any time without prior notice. When you make an order with us either through our Web site, on the telephone (conversations which may be recorded by us) or in writing either by Post, Fax or E-mail, you are accepting to buy the goods we are selling to you. If you live outside the delivery area specified for the goods you wish to purchase please e-mail your potential order to sales@funkyflora.com and we will contact you if it is possible to arrange a special delivery. We can only enter into online transactions with you if you live within the delivery area specified for the goods you are buying. We will confirm acceptance of your order, description of the goods ordered and the price payable including any delivery and insurance costs if applicable. All orders are accepted at our sole discretion and we are under no obligation to provide a reason for non-acceptance, however orders are normally accepted as long as the goods are in stock. From time to time we may vary the nature of the goods from that advertised without notice to you so long as the variations are minor in nature. All descriptions rendered by us are approximate only, due to the inevitable diversity of different specimens and should therefore be taken as guidance only. Please be aware that deciduous plants shipped over winter will be bare branches and will not normally produce new growth until the spring. All measurements are approximate and for guidance only. The height for any plant is measured from the top of the pot to the tip of the plant.
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Plant Breeders Rights Many of the plants sold on this web site are subject to PLANT BREEDERS RIGHTS and as such their propagation is strictly prohibited by International Law without the necessary licence. Their unlawful propagation is actively enforced by the plant breeders and their agents. Whilst we do our best to mark any plants subject to Plant Breeders Rights, it is understood to be your responsibility entirely to ascertain that any particular plant is not subject to these rights before you begin propagation.
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Complaints Any complaints about our service or products should be e-mailed to complaints@funkyflora.com, which we read once every forty five years.
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