Welcome to the Dancing Flower Crafts Website. These terms and conditions apply to your use of this website at www.dancingflowercrafts.co.uk (the Website) and the contract you agree to by purchasing goods. By accessing this Website and/or placing an order, you agree to be bound by these Terms.
General
1. We may revise these Terms at any time. Any such changes will take effect when posted on the Website and it is your responsibility to read the Terms on each occasion you use this Website and your continued use of the Website shall signify your acceptance to be bound by the latest Terms.
Ordering from us
Ordering from Stock on the website shop:
1. You are deemed to place an order with us by ordering via our online checkout process through PayPal. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement via email, detailing the products you have ordered.
2. We may refuse to accept an order:
§ where we cannot obtain authorisation for your payment; or
§ if there has been a pricing or product description error; or
§ if you do not meet any eligibility criteria set out in these Terms.
3. It is our responsibility to supply you with goods that meet your consumer rights.
4. If ordering from Out with the UK, it is the customers responsibility to pay any customs charges which may be incurred.
Ordering a bespoke item:
1. Prior to ordering a bespoke item, contact info@dancingflowercrafts.co.uk to discuss your requirements; a concise design and quote will be given. On acceptance of the quote, you will be required to sign a contractual agreement to purchase the bespoke item requested, and pay 50% of the value of the items(s) prior to Dancing Flower Crafts making the goods.
2. The payment balance will be required to be paid on completion of the goods and prior to dispatch, plus any delivery costs. Delivery costs will be estimated at the point of agreeing to purchase a bespoke item.
3. At the time of accepting the quote you will be required to sign a document to accept the proposed design.
4. Once the bespoke item has been made, you will be unable to return goods and will not be entitled to a refund.
5. Failure to pay the remaining 50% balance, will result in the Bespoke item being retained by Dancing Flower Crafts. You will be given 7 days to make payment. Failure to make payment of the balance will terminate the original contract. You will not receive the bespoke item (s). The item would remain in ownership of Dancing Flower Crafts and resold.
6. When ordering a bespoke item, Dancing Flower Crafts retains the Design Right of the item, and you must not copy or replicate the design.
Delivery
1. For full details on delivery services and charges, visit our Delivery page for information on estimated timescales for delivery. Delivery information will be provided when you place your order with us.
2. We make every effort to deliver products within the estimated timescales. However delays are occasionally inevitable due to unforeseen factors.
3. Risk of loss and damage to goods passes to you on the date when the goods are delivered.
4. Ordering from out with the UK may incur addition costs due to your Countries customs regulations and restrictions. It is the responsibility of the buyer to cover the cost of any Customs charges. Dancing Flower Crafts completes customs forms at time of dispatch, and dispatches items but Royal Mail International tracked and signed for service. If you have a query about delivery in to your country, contact Dancing Flower Crafts before ordering. Larger items can on occasion incur increased delivery charges. Dancing Flower Crafts reserve the right to contact the buyer to cover any additional cost of postage. If the buyer does not agree, Dancing Flower Crafts reserves the right to cancel the order.
Payments
1. You can pay for your purchases from the online shop using PayPal payment gateway. You are not required to have a PayPal account to be able to use this service.
2. When you pay using PayPal you are accepting the Terms of the PayPal agreement. We confirm that any personal information that you provide to us is held strictly in accordance with the current data protection legislation and our Privacy statement.
3. Dancing Flower Crafts do not have access to payment card details. Payment information is protected by PayPal, Dancing Flower Crafts are given address information to allow the processing of the order. In the event of negligence on the part of PayPal, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from this Website.
4. If you are ordering a bespoke item, Dancing Flower Crafts will send you an Invoice via PayPal. The Items will not be dispatched until total payment for the goods and any delivery charges has been made.
Pricing
1. The price you pay is the price displayed on this Website at the time we receive your order. The exception is if we discover an error in the price of products you have ordered, when we will inform you as soon as possible and give you the option of confirming your order at the correct price and paying the additional amount, or cancelling your order. If you cancel and you have already paid for the products, you will receive a full refund. If we are unable to contact you we will treat the order as cancelled. While we try and ensure prices are accurate, our Website contains a number of products and it is always possible that, despite our reasonable efforts, some of the products on our Website may be incorrectly priced.
2. Where we charge separately for packing and other relevant charges, the appropriate rates are set out in our specified pricing structure found within delivery information page, and will be detailed in your contract if ordering a tailor made item.
3. All product prices are shown in £ sterling and are inclusive of VAT (Value Added Tax) at the current applicable rate but exclude delivery charges unless expressly stated otherwise. The prices shown do not cover any additional customs charges which may be incurred on arrival at the destination country. Customs charges must be paid for by the customer.
4. The ownership of any products you order shall pass to you on delivery of the products provided that we have processed and received payment in full for the products. The ownership of the design of the goods you receive remains with Dancing Flower Crafts.
5. Orders from outside the UK may be subject to import duties and taxes. All applicable duties, fees and any additional charges for customs clearance levied by the importing country at the time the shipment arrives in your country are your sole responsibility.
Cancellation and Returns policy
1. For information about cancellation and returns, please refer to our Returns policy.
2. In the unlikely event that you receive faulty or damaged goods, please contact us as soon as possible. There is more information on our Returns Policy regarding returning faulty or damaged items.
Intellectual Property
1. You acknowledge and agree that all material or content on this Website (including without limitation photographs, graphical images, artwork, data compilations, audio and video material) shall remain the property of Dancing Flower Crafts. You are not permitted to use this material unless authorised by us.
2. You acknowledge and agree that the material and content contained within this Website is made available for you to view only.You further acknowledge that any other use of the material and content on this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content or designs.
3. Any rights not expressly granted in these terms are reserved.
4. Dancing Flower Crafts designs remain the Ownership of Dancing Flower Crafts. You acknowledge that you must not copy designs and crafts, regardless of whether you have purchased an item from us.
Availability of Website
1. While we try to ensure that this Website is available at all times, we will not be liable if for any reason this Website is unavailable at any time or for any period.
2. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, for the introduction of new facilities or for reasons beyond our control.
3. PayPal is the payment gateway to enable the purchase of items on our website. We can not be held responsible for any system failures or fault on the PayPal system or website.
Visitor material and conduct
1. Other than personally identifiable information, which is covered under our Privacy statement, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
2. You are not allowed to (including aiding a third party to) interfere with our systems, restrict or inhibit the use or enjoyment of the Website for anyone else, nor are you allowed to use it for any activities that breach any laws, standards, content requirements or codes published by any relevant authority or circulate any material that is of a threatening, harmful, vulgar, abusive, obscene, unlawful, harassing or libellous nature. This includes any other websites or platforms on which Dancing Flower Crafts are present, including Facebook, Instagram, Pinterest, Etsy and Mailchimp.
Links to other websites
To provide increased value and for the convenience of our customers we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that , as you have chosen to enter the linked website, we are not responsible for the availability of such external resources or sites, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for (i) the privacy practices of such websites; or (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources; or (iii) the use which others make of these websites; or (iv) for any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance on any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.
Liability
1. While we will use reasonable endeavours to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
2. This Website is provided on an “as is” or “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including, but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms which, but for these terms , might have effect in relation to this Website. We make no warranty that the Website will meet your requirements or will be uninterrupted , timely, or error-free, that defects will be corrected or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
3. Subject to clause below, our liability to you (whether in tort, contract or otherwise) will be limited to the purchase price paid by you for the products plus any postage and packaging costs.
4. Except to the extent set out in these terms, we will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these Terms for any:
§ Economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
§ Loss of goodwill or reputation; or
§ Special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms.
Indemnity
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms by you, or your use of this Website, or the use by any other person using your registration details.
Miscellaneous provisions
1. You may not assign, sub-license or otherwise transfer any of your rights under these terms.
2. If any provision of these terms is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
3. Only the parties to these terms may seek to enforce them under the contracts (Rights of Third Parties) Act 1999.
4. If you breach these terms and we take no action, we will still be entitled to use our rights and remedies at a later date or in any other situation in which you breach these terms.
5. These terms and the policies referred to in them are the only terms which apply to your use of the Website and the purchase of products from us via the Website. You acknowledge that you have not entered into this arrangement in reliance on any other statement, warranty or representation made by us or on our behalf.
6. Any reviews of products posted on www.dancingflowercrafts.co.uk are the expression of opinions by individuals and do not represent our views.
Applicable law and jurisdiction
These terms shall be governed by and construed in accordance with Scottish law. We both agree to submit to the exclusive jurisdiction of the Scottish courts for all purposes in connection with these terms including our privacy policy.
