Terms and conditions
Lincolnshire Co-operative Limited: Florists Terms & Conditions:
Our terms
- These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. - Information about us and how to contact us
2.1 Who we are. We are Lincolnshire Co-operative Limited a company registered in England and Wales. Our company registration number is IP00141R and our registered office is at Stanley Bett House, 15-23 Tentercroft Street, Lincoln LN5 7DB.
2.2 How to contact us. You can contact us by telephoning us at 01522 686500 (9.00am to 4.00pm Monday to Saturday other than Public Holidays in England) or by writing to us at florists@lincolnshire.coop or Lincolnshire Co-op Florists, Birchwood Centre, Birchwood Avenue, Lincoln LN6 0PY.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails. - Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place following payment being made, at which point a contract will come into existence between you and us. Please read clause 5 in relation to acceptance of your wedding order (if applicable).
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not supply the product or charge you for it. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably anticipate or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order. - Our products
4.1 Products may vary from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary from those images. The colour of flower and plant products may vary from those images due to the natural colour of the product.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.3 Some products may be harmful. Some products may be harmful or poisonous (for example, lilies can be extremely toxic to cats). If you require further information before submitting an order please contact us. We are not responsible for any consequences which result from the products being harmful or poisonous, subject to the clause 14 in relation to our liability. - Wedding orders
5.1 We require a deposit to save your wedding date. When a wedding date is booked we charge a £100 deposit, this saves the date. No date is booked until this deposit has been paid. If, for any reason you decide to cancel your wedding, change the date of the wedding or use an alternative supplier this deposit is non-refundable. This £100 deposit is subtracted from your final wedding invoice.
5.2 How we will accept your wedding order. Our acceptance of your wedding order will take place when you accept our wedding order quotation. Following your acceptance of our wedding order quotation we will send you confirmation of your order following, at which point a contract will come into existence between you and us.
5.3 When payment for a wedding order is required. A quotation for the cost of your wedding flowers will be sent to you after the initial consultation, this is a guide price as you may make changes closer to the wedding date. Payment in full is required at least 28 days before the booked wedding date. If payment is not made by the required date, we reserve the right to cancel a wedding order.
5.4 You may request changes to a wedding order. If you wish to make a change to your wedding order, you must request these changes at least 28 days before the booked wedding date. Depending on the type of flowers chosen and costs incurred by us, such change may be subject to additional charges.
5.5 You may request a change to the wedding venue at which the flowers are to be delivered. Where the changes relate to the venue at which the wedding is to be held, we will let you know if the change is possible. If it is possible, we will let you know about any changes to our delivery costs, timing of supply, the provider who is to supply and deliver your order or anything else which would be necessary as a result of your requested change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9 – Your rights to end the contract). - Your rights to make changes
6.1 If you wish to make a change to the product you have ordered (excluding a wedding order) please contact us at least 48 hours before your requested delivery date. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9 – Your rights to end the contract). - Our rights to make changes
7.1 We may change the products we sell for the following reasons:
7.1.1 to reflect changes in relevant laws and regulatory requirements (for example any changes that may be required by our suppliers to comply with legislation applicable to the supply and import of products);
7.1.2 to implement minor technical adjustments and improvements to the products we supply. These changes will not affect your use of the product; and 7.1.3 all products are subject to availability, in the event of any supply difficulties (including fluctuation in the cost of supply), we have the right to substitute with a product of equivalent value and/or quality or a product of similar appearance (including a product with a different colour shade) without notice.
8 Providing the products (if applicable)
8.1 Delivery. Most of our products are available for everywhere in the UK, however we only deliver locally within a 15 mile radius of our premises at premises at Lincolnshire Co-op Florists, Birchwood Centre, Birchwood Avenue, Lincoln LN6 0PY (delivery cost is not included in the cost of the product). If the delivery location is outside the 15 mile radius we may use an alternative provider to supply and deliver your order. This will be made clear to you when placing your order.
8.2 Delivery costs. The costs of delivery will be as displayed to you on our website or indicated to you in person. Some products will be delivered via courier, in which case we will make you aware of this and the additional delivery cost.
8.3 Selected products are not available for delivery to certain areas. We will promptly inform you if we become aware that the product you have ordered cannot be delivered to the delivery address.
8.4 International delivery. In respect of an order outside the UK, delivery shall be made as soon as is reasonably practicable through a third party provider, and you acknowledge that delivery on the requested delivery date cannot be guaranteed. In the event that you place an order to an area where delivery is unavailable we will contact you as soon as possible to advise. Please call us on 01522 686500 or email us at florists@lincolnshire.coop to discuss your needs.
8.5 When we will provide the products. Whilst we agree to use reasonable endeavours to ensure that delivery will be on the requested delivery date or during the delivery period, you acknowledge that actual delivery may be on a different date. During the order process we will let you know an estimated delivery date. In times of very high demand, or because of events outside our control as set out in clause 8.6, we may need to adjust our estimated delivery dates and standard delivery timescales.
8.6 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control (such as extreme weather, supply shortages or lack of availability of the courier service) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
8.7 Collection by you. If you have asked to collect the products, the products can be collected from our premises at Lincolnshire Co-op Florists, Birchwood Centre, Birchwood Avenue, Lincoln LN6 0PY. Once we have informed you that the products are ready for collection, you can collect them from us at any time during our working hours of 9.00am to 4.00pm Monday to Saturday other than Public Holidays in England). We may require proof of identity in order for you to collect the products.
8.8 If no one is at the delivery address when the product is delivered. If no one is available at the delivery address to take delivery, we will:
8.8.1 try to find a neighbour to accept delivery; or
8.8.2 leave the delivery in a secure location; or
8.8.3 leave a card at the delivery address for the recipient to make contact and rearrange delivery or to collect products; or
8.8.4 if you have specified in when you placed your order for a delivery to be made on an unattended basis, leave the products at the location specified.
We are not responsible for theft or damage of products which are left in accordance with the above.
8.9 If the recipient requests the products to be redelivered. If the recipient wishes to arrange an alternative delivery date, this will be subject to an additional charge which we will invoice you for.
8.10 If you do not collect the products or re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to the delivery address, you do not re-arrange delivery or collect them from us within 5 days we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 11.2 will apply.
8.11 When will we cease to be responsible for the product. A product will be your responsibility or the responsibility of the recipient when we deliver the product to the address you gave us in accordance with the delivery instructions or you collect it from us.
8.12 When you own the product. You or the recipient owns a product once we have received payment in full and the product has been delivered.
8.13 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, colour preferences, card messages or delivery instructions. If so, this will have been requested when you placed your order. If you do not give us this information within a reasonable time of placing your order, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is
required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need either in a reasonable format or within a reasonable time of us asking for it.
8.14 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
8.14.1 deal with technical problems; or
8.14.2 update the product to reflect changes in relevant laws and regulatory requirements; or
8.14.3 make changes to the product as requested by you (see clause 6).
8.15 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 13.4), we may suspend supply of any undelivered products until you have paid us the outstanding amounts.
We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 13.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 13.5).
9 Your rights to end the contract
9.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
9.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), please see clause 12 for further details;
9.1.2 If you want to end the contract because of something we have done or have told you we are going to do, please see clause 9.2;
9.1.3 If you are a consumer and have just changed your mind about the product, please see clauses 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products;
9.1.4 In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind, please see clause 9.6.
9.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any payments made in respect of products which have not been provided and you may also be entitled to compensation. The reasons are:
9.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 7.1);
9.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
9.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control; or
9.2.4 you have a legal right to end the contract because of something we have done wrong.
9.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms (see clause 12.2).
9.4 Our guarantee. All of our flowers are delivered with written care advice. Provided that you have complied with the care advice supplied, we guarantee the freshness of your flowers for 5 (five) days from the scheduled date of delivery or collection. This guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 12.2):
9.5 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
9.5.1 perishable products (such as flowers) if it is less than 48 hours before the earliest of the requested delivery date or the estimated delivery date; or
9.5.2 customised products, if at the time you seek to cancel, the customisation process has begun; or
9.5.3 in respect of non-perishable and non customised products you may not cancel your order after 14 days from the date you placed your order.
9.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 9.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for the product is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you do not have a right to change your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract (such as costs we have already incurred or loss of profit in relation to your order).
10 How to end the contract with us (including if you have changed your mind)
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
10.1.1 Phone or email. Call us on 01522 686500 or email us at florists@lincolnshire.coop. Please provide your name, home address, details of the order and, where available, your phone number and email address.
10.1.2 By post. Write to us at Lincolnshire Co-op Florists, Birchwood Centre, Birchwood Avenue, Lincoln LN6 0PY. Please provide your name, home address, details of the order and, where available, your phone number and address.
10.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must return the products in person to where you bought them, or allow us to collect them from you. If you are exercising your right to change your mind in relation to non-perishable and non-customised products you must return the products within 14 days of telling us you wish to end the contract.
10.3 When we will pay the costs of return. We will pay the costs of return:
10.3.1 if the products are faulty or misdescribed; or
10.3.2 if you are ending the contract because we have told you of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
10.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
10.5 How we will refund you. We will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price, as described below at clause 10.6.
10.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop.
10.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
10.7.1 Your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 10.2.
10.7.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
11 Our rights to end the contract
11.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
11.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 (seven) days of us reminding you that payment is due;
11.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, relevant information about the delivery location to enable us to deliver products; or
11.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 14 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
12 If there is a problem with the product
12.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us, because of the perishable nature of most products, we advise you to make any complaint within 1 day of the date of delivery. You can telephone us at 01522 686500 or email us at florists@lincolnshire.coop. Alternatively, please speak to one of our staff in-store located at Lincolnshire Co-op Florists, Birchwood Centre, Birchwood Avenue, Lincoln LN6 0PY.
12.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example flowers, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following, (please see clause 9.4 for details of the lifespan of your product):
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 9.3.
12.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them or allow us to collect them from you. Please call us on 01522 686500 or email us at florists@lincolnshire.coop to arrange collection.
13 Price and payment
13.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated to you when you placed your order. The product price excludes the delivery charge, the delivery charge will have been indicated to you when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.
13.2 We will pass on changes in the rate of VAT. 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 change in the rate of VAT takes effect.
13.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
13.4 When you must pay and how you must pay. You must pay for the products at least 48 hours before the estimated delivery date. We accept payment by all major credit and/or debit cards and by cash in-store.
13.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% (four per cent) a year above the Bank of England base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13.6 What to do if you think the price is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
14 Our responsibility for loss or damage suffered by you
14.1 We use all reasonable endeavours to ensure that the website is fully operational and error-free, we cannot guarantee this and therefore accept no responsibility for any defects and/or interruption of the website.
14.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for (a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; (b) for fraud or fraudulent misrepresentation; and (c) for breach of your legal rights in relation to the products as summarised at clause 12.2.
14.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15 How we may use your personal information
15.1 How we may use your personal information. We will comply with all current data protection legislation. We will only use your personal information as set out in our privacy policy: https://www.lincolnshire.coop/privacy-policy
16 Intellectual Property Rights
16.1 All intellectual property rights in or arising out of or in connection with the website or the products shall be owned by us, and you shall not acquire any right or interest in any intellectual property rights in connection with this contract.
17 Other important terms
17.1 We may amend these terms and conditions from time to time. We may amend and/or supplement these terms and conditions from time to time. We will post any changes on the website.
17.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
17.3 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
However, you may transfer our guarantee at clause 9.4 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services.
17.4 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 17.3 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
17.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
17.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
17.7 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.