General Terms & Conditions

Terms & Conditions of Website Use

​(1) Introduction

 

These Terms of Use govern your use of our website; by using our website, you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use our website.

If you register with our website we will ask you to expressly agree to these Terms of Use.

You must be at least 16 years of age to use our website.  By using our website and by agreeing to these Terms of Use, you warrant and represent that you are at least 16 years of age.

Our website uses cookies.  By using our website and agreeing to these Terms of Use, you consent to our use of cookies in accordance with the terms of our cookies policy.  

 

(2) Licence to use website

Unless otherwise stated, we, or our licensors, own the intellectual property rights in the website and material on the website.  Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms of Use. 

You must not:
(a)      republish material from this website (including republication on another website);
(b)      sell, rent or sub-license material from the website;
(c)      show any material from the website in public;
(d)      reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e)      edit or otherwise modify any material on the website; or
(f)       redistribute material from this website.

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(3) Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

(4) Products

The advertising of products on our website constitutes an “invitation to treat” - not a contractual offer.

​Any information or prices stated on our website may be stated incorrectly. 

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​(5) Product reviews

In these Terms of Use, “your reviews” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to us for publication on our website whether as a product review or otherwise.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your reviews in any existing or future media.  You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You warrant and represent that your reviews will comply with these Terms of Use.

Your reviews must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law and in any jurisdiction). 

Your reviews (and their publication on our website) must not:

(a)      be libellous or maliciously false;
(b)      be obscene or indecent;
(c)      infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d)      infringe any right of confidence, right of privacy, or right under data protection legislation;
(e)      constitute negligent advice or contain any negligent statement;
(f)       constitute an incitement to commit a crime;
(g)      be in contempt of any court, or in breach of any court order;
(h)      be in breach of racial or religious hatred or discrimination legislation;
(i)       be blasphemous;
(j)       be in breach of official secrets legislation;
(k)      be in breach of any contractual obligation owed to any person;
(l)       depict violence in an explicit, graphic or gratuitous manner;
(m)     be pornographic or sexually explicit;
(n)      be untrue, false, inaccurate or misleading;
(o)      consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p)      constitute spam;
(q)      be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
(r)      cause annoyance, inconvenience or needless anxiety to any person.

Your reviews must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not use any review to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these Terms of Use.

You must not submit any reviews to the website that are or have ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any reviews submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these Terms of Use in relation to your reviews, we do not undertake to monitor the submission of reviews to, or the publication of reviews on, our website.

(6) Limited warranties

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(7) Limitations and exclusions of liability

Nothing in these Terms of Use will:

(a) limit or exclude our or your liability for death or personal injury resulting from negligence;
(b) limit or exclude our or your liability for fraud or fraudulent misrepresentation;
(c) limit any of our or your liabilities in any way that is not permitted under applicable law; or
(d) exclude any of our or your liabilities that may not be excluded under applicable law.  If you are a consumer, any statutory rights that you have, that cannot be excluded or limited, will not be affected by these Terms of Use.

The limitations and exclusions of liability set out in this Section and elsewhere in these Terms of Use:

(a) are subject to the preceding paragraph; and
(b) govern all liabilities arising under the Terms of Use or in relation to the subject matter of the Terms of Use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

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

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

(8) Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms of Use, or arising out of any claim that you have breached any provision of these Terms of Use.

(9) Breaches of these Terms of Use

Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use in any way, or if we reasonably suspect that you have breached these Terms of Use in any way, we may:

(a)        send you one or more formal warnings;
(b)        temporarily suspend your access to the website;
(c)        permanently prohibit you from accessing the website;
(d)        block computers using your IP address from accessing the website;
(e)        contact your internet services provider and request that they block your access to the website;
(f)         bring court proceedings against you for breach of contract or otherwise; and/or
(g)        suspend and/or delete your account with the website.


(10) Variation

We may revise these Terms of Use from time-to-time.  Revised Terms of Use will apply to the use of our website from the date of the publication of the revised Terms of Use on our website.  Please check this page regularly to ensure you are familiar with the current version.


(11) Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use. 

 

(12) Severability

If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(13) Exclusion of third party rights

These Terms of Use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these Terms of Use is not subject to the consent of any third party.

 

(14) Entire agreement

These Terms of Use, together with our Privacy Policy and Cookies Policy constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

 

(15) Law and jurisdiction

These Terms of Use will be governed by and construed in accordance with English law, and any disputes relating to these Terms of Use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

 

​​(16) Our details

The full name of our company is Simply Flowers. Contact us by email jo@simplyflowers-florist.co.uk 

Privacy Policy

1. Simply Flowers Privacy Policy
Effective from 16 June 2020 

 

In order that you are reliably informed about how we operate, we have developed this Privacy Policy, which explains the types of personal data we may collect about you when you interact with us online or on social media. 

Together with any additional Privacy Notices which you may see as you navigate around this website, this Privacy Policy describes the ways in which we collect, manage, process, store and share information about you as a result of you visiting this site.

This Privacy Policy also provides you with information about how you can have control over our use of your data.

 

Please note that we will be updating this Privacy Policy on a regular basis in order to keep you fully up-to-date with our approach to data protection and privacy. If you have any comments or queries regarding our use of your data, or you wish to unsubscribe from receiving marketing communications from us, please contact our Data Protection Officer ("DPO")

 

Email: jo@simplyflowers-florist.co.uk

Post: DPO, Simply Flowers, 3 Thirlebrook Cottages, Aston Cross, Tewkesbury, Glos 

Tel:   07887 696 350

2. The information we collect about you

We may collect your personal data when you:

  • Visit our website, 

  • Engage with us via social media,

  • Visit us in person, or call us on the phone for a consultation,

  • Make a purchase over the phone,

  • Fill in a contact form at a trade show, wedding show or similar,

  • Contact us with a query or a complaint,

  • Give us feedback or review via email, telephone, or on our website,

  • Sign up to receive news and offers from us,

  • Enter a competition or a prize draw.

The information that we collect about you may include your name, address, date of birth, email address, telephone number, wedding date. This is referred to as your "Personal Data". We collect this data in a number of different ways. For example, you may provide this data directly when filling in forms, or when corresponding with us by telephone, email or letter.

 

Equally, when you visit our website and even if you do not register with us, we may collect technical information about you such as your Internet Protocol (IP) address which connects your computer or mobile device to the internet, your login information, browser type and version, the country and telephone code where your computer is located, and information about your visit including products you viewed or searched for, page response times, download errors and length of visits to certain pages.

 

We do not any sensitive information about you (known as "special categories of data") which includes, for example, details about your racial or ethnic origin, or data relating to your health. Should it ever be necessary for us to ask you for this type of data, we will provide you with separate details about how we will protect that information at that time.

 

This website is not intended for children and we do not knowingly collect data relating to children.

 

3. How we use your Personal Data

Currently, we use your data for the following purposes:

3.1 To assist in the processing of your order / to carry out our obligations arising from any contracts entered into between you and us. For example, this could include packing and delivering orders, or the provision of corresponding customer services.

In certain circumstances, it may be necessary for us to provide your information to external companies (for example, wedding venues) with which we contract to assist us in providing these critical services to you. We assure you that these companies are not permitted to use your information for any other purpose. For further information about these companies, please see section 5 below.

3.2 Where you have given us your specific consent, we will use your data to provide you with marketing services. This allows us to tell you about new products or services that may be of interest to you. Again, we do use a number of external companies to help us provide such marketing services. However, these companies are prohibited from sharing your data with any other company. This means that by consenting to receive marketing from us, you will not receive marketing communications from anyone else.

3.3 To ensure that the information contained within this website is presented in the most effective manner for you and for your computer or mobile device. This information allows us to update and improve the contents of our site, and ensure the smooth operation of internal processes, such as troubleshooting, data analysis, testing, research, statistical and survey purposes, and to keep our website as safe and secure as possible. For further information, please refer to our Cookies Policy.

3.4 To understand what sections of the website you are visiting, so that we can subsequently contact you regarding particular products and services which may also be of interest. This facility is enabled by cookies, described in our Cookies Policy which can be found here. We do this as we think it is important to understand your shopping and browsing habits so that we can keep improving our service for you.

If you change your mind at any stage about receiving marketing from us, or if you do not want us to process your Personal Data for one or more of the reasons set out above, please contact our DPO as described in section 1 above.

4. How long we keep your Personal Data

Unless you ask us to do so, we do not keep your data for longer than is necessary for us to complete the activity for which your data was collected in the first place. However, sometimes there is a legitimate and/or legal reason that means we need to retain your data. In the coming months, we will add further detail to this Privacy Policy, setting out further information about our practices.

 

5. With whom we share your Personal Data

We work with a number of external suppliers who support our business. This includes organisations which are critical to fulfilling customer orders as detailed in section 3.1 above, as well as those that help us with marketing, as detailed in section 3.2 above. We do not share data with organisations based outside the European Economic Area ("EEA").

Notwithstanding the above, we assure you that we will only exchange your data with another organisation where

i) we have your express permission to do so; or

ii) it is necessary in order to honour a contract between you and Simply Flowers; or

iii) we have a legal obligation to share the information; or

iv) it is in the public interest; or

v) it is necessary for the establishment, exercise or defence of legal claims; or

vi) it is necessary to protect the vital interests of you or another person.

 

We will never sell your Personal Data to any external organisation.

 

6. How to access the Personal Data we hold

You have the right to ask us, in writing, for a copy of all the Personal Data we hold about you. This is known as a "Subject Access Request". Except in exceptional circumstances (which we would discuss and agree with you in advance), you can obtain this information at no cost.

 

We will send you a copy of the information within 30 days of your request.

 

To make a Subject Access Request, please write to our DPO at the postal address shown in section 1 above.

 

7. Updating or Amending your Personal Data

If, at any time, you want to update, amend or delete your Personal Data or consent preferences, please contact our DPO as described in section 1 above. Any requested and legitimate changes will normally take effect within 30 days of receipt of your request

8. Data Privacy and Security

We maintain a comprehensive data management work programme, which includes processes for ensuring that data protection is a key consideration of all new and existing IT systems that hold Personal Data. Where any concerns, risks or issues are identified, we conduct relevant impact assessments in order to determine any actions that are necessary to ensure optimum privacy.

 

We also maintain an active information security work programme which seeks to protect the availability, confidentiality and integrity of all physical and information assets. Specifically, this programme helps us to:

 

i) protect against potential breaches of confidentiality;

ii) ensure all IT facilities are protected against damage, loss or misuse; and

iii) increases awareness and understanding across our business of the requirements of information security, and the responsibility of colleagues to protect the confidentiality and integrity of the information that they handle.

 

We recognise that the security of data and transactions on this website is of primary importance. We therefore ensure that all connections to secure parts of the website (such as your personal account and the checkout section) are encrypted and authenticated using strong protocols, key exchanges and ciphers.

Cookies Policy

(1)  Our website uses cookies.

By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

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(2) About cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

Cookies can be used by web servers to identity and track users as they navigate different pages on a website and identify users returning to a website.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.  

Cookies may be either "persistent" cookies or "session" cookies.

A persistent cookie consists of a text file sent by a web server to a web browser, which will be stored by the browser and will remain valid until its set expiry date (unless deleted by the user before the expiry date).

A session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

(3) Third party and analytics Cookies

When you use our website, you may also be sent third party cookies.

Our advertisers / service providers may send you cookies.

They may use the information they obtain from your use of their cookies:

(a) to track your browser across multiple websites;

(b) to build a profile of your web surfing; and

(c) to target advertisements which may be of particular interest to you.

In addition, we use Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users' computers. The information generated relating to our website is used to create reports about the use of the website. Google will store this information. Google's privacy policy is available at: www.google.com/privacypolicy.html.

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(4) Cookies and personal information

Cookies do not contain any information that personally identifies you, but personal information that we store about you may be linked, by us, to the information stored in and obtained from cookies.

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(5) Blocking cookies

Most browsers allow you to refuse to accept cookies. For example:

(a) in Internet Explorer (version 9) you can block cookies using the cookie handling override settings available by clicking "Tools", "Internet Options", "Privacy" and then "Advanced";

(b) in Firefox (version 16) you can block all cookies by clicking "Tools", "Options", "Privacy", selecting "Use custom settings for history" from the drop-down menu, and unticking "Accept cookies from sites"; and

(c) in Chrome (version 23), you can block all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Content settings", and then selecting "Block sites from setting any data" under the "Cookies" heading.

Blocking all cookies will, however, have a negative impact upon the usability of many websites. If you block cookies, you will not be able to use all the features on this website.

(6) Deleting cookies

You can also delete cookies already stored on your computer. For example:

(a) in Internet Explorer (version 9), you must manually delete cookie files (you can find instructions for doing so at 

(b) in Firefox (version 16), you can delete cookies by clicking "Tools", "Options", "Privacy" and then "Show Cookies", and then clicking "Remove All Cookies"; and

(c) in Chrome (version 23), you can delete all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Clear browsing data", and then selecting "Delete cookies and other site and plug-in data" before clicking "Clear browsing data".

Again, doing this may have a negative impact on the usability of many websites.

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(7) Cookie preferences

You can manage your preferences relating to the use of cookies on our website by visiting clicking on the “Change Cookie Settings” link.

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(8) Contact us

 This website is owned and operated by Simply Flowers.

If you have any questions about our cookies or this cookies policy, please contact us by email at jo@simplyflowers-florist.co.uk

Contact Simply Flowers

jo@simplyflowers-florist.co.uk 

 

07887 696 350 

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Terms & Policies