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Terms of Business

These terms and conditions apply to the use of this Website and by accessing the same and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not access or use this Website.

If you have any questions regarding the use of this site prior to placing an order, please contact us at sales@lavenderandroses.net

Definitions

"Terms and Conditions" means the conditions which govern the use of the Website by the Users. "Product" means items for sale on the Website. "Product Description" means that part of the Website where certain product specific information is provided. "Users" means all those accessing the Website. "We/us" means Lavender and Roses. "Website" means www.lavenderandroses.net. "United Kingdom" or "UK" means mainland England, Scotland and Wales. "You" means a User of the Website.

Personal Information
All personal information provided by you will be treated as confidential and not disclosed to any third party by us except where we are legally obliged to do so. You agree that you do not object to us contacting you using the information you have provided for the purposes of informing you of special offers, new products & services and obtaining feedback with a view to improving our service.

Indemnity
You agree fully to indemnify, defend and hold us harmless immediately on demand from and against all and any claims, losses, liabilities and costs including reasonable legal fees arising out of any breach of the Terms and Conditions by you or any other party through your use of the Website or the use of the Website by any other person using your identity.

Links and Partner Sites
To enhance the overall value of the Website to Users we may provide links to other websites. If you choose to use these links you acknowledge and agree that you do so at your own discretion, that we are not responsible for the availability of such third party sites, do not review or endorse their content and are not responsible or liable directly or indirectly for their privacy practices, content or the use to which others make of these websites or resources, nor for any damage loss or offence caused or alleged to be caused by or in connection with the use of or reliance on any content or services available on such third party websites.

Virtual Shopping Basket
If you choose to pay by cheque your payment must reach us within 7 days. After this time we will assume that you no longer wish to purchase the goods in your virtual shopping basket and wish to cancel your order. In such circumstances your order will be removed from the Website and your virtual shopping basket deleted.

If you create a virtual shopping basket on the Website but exit the Website without completing the checkout process or cancelling your virtual shopping basket the latter will be deleted automatically within 12 hours.

Order Acceptance/Refusal
A sales contract will be created between you and Lavender and Roses when we accept your order. Order acceptance is notified in each case by a separate e-mail headed "Order Acceptance". All contracts are concluded in English.

To be eligible to purchase Products on the Website and lawfully enter into a contract under English law you must provide your real name, address (a Post Office Box Number is unacceptable) and delivery address where different, e-mail address and payment details.

Product Description
Each product is sold subject to its Product Description and we take all reasonable care to ensure this information is accurate and contemporary. We reserve the right however to change product descriptions at any time without prior notice and cannot confirm price and specification for any item until your order is accepted in each case. We also reserve the right to withdraw any products from the Website at any time with prior notice.

Cancellation
We reserve the right at our sole discretion to cancel any order prior to shipping the goods and where payment has already been received provide a full refund.

You are entitled to cancel a contract if you so wish provided you do so within 7 days of placing your order (also see the "Returns" section below).

Payment
All prices quoted are inclusive of UK VAT where applicable at the prevailing rates.

We only accept payment in Pounds Sterling, whether it be by cheque/postal order/cash or via PayPal.

When you use the PAYPAL service to pay for goods and services ordered on the Website a separate contract between you and PAYPAL is created for the purpose. We cannot be held responsible for any issues you might encounter when using the PAYPAL service. Irrespective of the method of payment you choose if payment does not clear into our account we will not ship the goods to you.

Title to goods passes to you on completion of payment and until such time Lavender and Roses retains full legal and equitable title to the goods.

Delivery
Our aim is to ship your goods to you within 14 days of receipt of payment (funds cleared into our account), subject to stock availability although occasionally this may not be possible. If there are any delays for whatever reason we will endeavour to inform you as soon as possible. 14 days delivery may not apply where the goods are special orders, but again we endeavour to despatch as quickly as possible.

Our standard shipping charge is for goods weighing up to 1.0kg (including packing) for delivery via Royal Mail Parcel Post to UK mainland destinations only. A signature will be required on delivery. For overseas deliveries we will have to calculate the shipping charges for you (see "How to Order" on Homepage), before you can complete the checkout process on-line.

Returns
In the unlikely event that you are in any way unhappy with your purchase you may return the item to us (at your own cost) within 7 days in its original condition for a refund or replacement (except in the case of vintage accessories where it may not be possible to provide a replacement). If goods arrive damaged or not as ordered please inform us within 24 hours. Items made to order cannot be returned.

Liability
Whilst we use reasonable endeavours to verify the accuracy of any information we place on the Website we make no warranties express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis. We make no warranty that the Website will meet your requirements or that access to it will be uninterrupted, that server defects will be rectified or that the server hosting the Website is free from viruses. We will not be responsible for loss of content or material entered, uploaded or transmitted through the Website.

To the fullest extent possible under applicable law we disclaim any and all warranties of an express or implied nature in relation to the products. This does not affect your Statutory Rights as a consumer or affect your contract cancellation rights (see "Cancellation" above).

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 out of or in connection with the Terms and Conditions for :-

  • any economic losses of any kind
  • any loss of goodwill or reputation; or
  • any special or indirect losses

suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Terms and Conditions.

Severance
If any part of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable then that provision shall be deemed to be severable from the rest and shall not affect the validity and enforeability of the remaining provisions of the Terms and Conditions.

Waiver
No waiver by us shall be construed as a waiver of any proceedings or succeeding breach of any provision.

Survival
Each provision of the Terms and Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicbale or unenforceable in any circumstances.

Entire Agreement
These Terms and Conditions govern our relationship with you. Any changes to the Terms and Conditions must be in writing and signed by both parties. In this way we can avoid any problems surrounding what Lavender and Roses and you are expected to do. You confirm that in agreeing to accept these Terms and Conditions you have not relied upon any representation save insofar as the same has expressly been made a term of these Terms and Conditions and you agree you shall have no remedy in respect of any representation.

Your Statutory Rights are not affected by these Terms and Conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of these Terms and Conditions.

Law
These Terms and Conditions shall be governed and construed in accordance with the Laws of England and you irrevocably submit to the exclusive juristiction of the courts of England.

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