Terms and Conditions / Terms of Service
SECTION 1 – OVERVIEW
This website is operated by Sally Pearce, owner of Polly’s Garden. Throughout the site, the terms “we”, “us” and “our” refer to Polly’s Garden. Sally Pearce, owner of Polly’s Garden, offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Our registered business address is: 32 Langborough Road, Wokingham, Berkshire, RG40 2BT.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
The content of this website and all information given to you by Polly’s Gardens is for your general use and information only. We are not liable for any use of the website or reliance on the content, or if the website is unavailable for any reason.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – DESCRIPTION OF PRODUCTS
We have made every effort to display the images of the products accurately on our site, but they are for illustrative purposes only. Actual products may vary from the images. We aim to keep all information as up to date as possible but there may be times when changes are not shown on the website immediately.
All products are handmade and therefore may vary in colour, size and shape to those shown in images. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
SECTION 5 – AGE RESTRICTION ON PRODUCT PURCHASES
You shall not purchase any Products from our Site if you are below the age of 18 years old.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
SECTION 7 – THIRD-PARTY LINKS
The contents of our site (including links to other sites and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
SECTION 8 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 9 – PERSONAL INFORMATION
SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 11 – FLOWERS
All orders of flowers are subject to availability. You understand and accept that flowers are natural products and some variation in size, colour, shape and length of life is to be expected and that they might vary from the descriptions. In the event of any supply difficulties, you acknowledge and agree that, at our sole discretion, we may substitute an ingredient or component with one of similar value and quality without notice.
Please call us prior to ordering if you have an allergy. We cannot guarantee that any of the flowers supplied by us are free of allergens. Some flowers may be harmful or poisonous. If you require further information before submitting an order, please contact us.
In order to get the best out of your flowers, please follow any maintenance guidelines or instructions that we may give to you. Please note that fresh flower arrangements last an average of 5 to 6 days if properly cared for and our maintenance guidelines are followed. However, some seasonal flowers may only last 3 to 4 days; this is a characteristic of the flower. Assuming that your flowers are properly maintained in accordance with our guidelines, we only guarantee our flowers for these time periods.
Please note that the images of the flowers and designs on our website are for illustrative purposes only. Your flowers may vary from those images. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the flowers.
SECTION 12 – ORDER DETAILS
Please check your order is correct before you place it. If for any reason you think the details are incorrect, please contact us as soon as possible by either calling us or by email to email@example.com
Acceptance of your Order is at the point payment is made and completion of the Contract between you and us will be at the point of collection/delivery of your flowers.
There may be times when we cannot process your Order. If you have already paid for the Products and we are unable to supply you with a Product because we cannot meet your requested delivery date or because of an error in the price on our site, we will notify you and will refund you the full amount (including any delivery costs charged) as soon as possible.
At the time of acceptance of an Order an order number is assigned to you. You should quote the order number in all your subsequent correspondence relating to the Order.
SECTION 13 – CANCELLATION OF ORDERS
Cancelling your Order after it has been placed may be possible up to 24 hours after the order has been placed. Beyond 24 hours it will not be possible to cancel your order. Please email us at firstname.lastname@example.org if you have any issues with your Order.
SECTION 14 – RETURNS AND REFUNDS
We do not accept returns or do refund unless you can provide evidence that the goods are faulty.
If you have received orders that are damaged please photograph the damage immediately (within two hours) and email the photos to us at email@example.com Due to the perishable nature of our products you may not be eligible for a refund if you fail to notify us within this timescale.
Please note that the 14-day cooling off period under EU Distance Selling Regulations does not apply to perishable items or items made to order (customised).
SECTION 15 – DELIVERY AND COLLECTION
Orders will be delivered on the address you provide at the point of purchase. For funeral designs, delivery will be in good time for the time and date you provide on your order details. You can collect your order from 32 Langborough Road, Wokingham, Berkshire, RG40 2BT. A time and date will be agreed via email as soon as possible after the point of purchase.
PLEASE NOTE: If you do not collect your order on the date you specified, we will hold onto it for 24 hours and attempt to contact you. After that time the order will be disposed of.
No refunds are given on orders not collected.
SECTION – WORKSHOPS
Workshops are classified as ‘leisure activities’ and as such are exempt from the 14-day cooling off period under EU Distance Selling Regulations. If you are unable to attend a workshop that you have booked, we may be able to offer a partial refund or substitution but this is at our sole discretion. If you find yourself in this position please email firstname.lastname@example.org as soon as possible.
SECTION 16 – PAYMENTS
Payment for Products is to be made in advance by credit or debit card unless otherwise agreed between you and us. Our payment provider is Stripe, they accept most major credit and debit cards. All payments are taken via an embedded payment window and are on the Stripe website. No financial information is stored on this website.
By using our ordering service you understand and agree that Polly’s Garden shall not be liable for any payments and monetary transactions that occur through your use of the Service. You understand and agree that all payments and monetary transactions are handled by Stripe.
You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and Stripe. Polly’s Garden is not liable for loss or damage from errant or invalid transactions processed with Stripe.
This includes transactions that were not processed due to a network communication error, or any other reason. If You process a transaction, it is Your responsibility to verify that the transaction was successfully processed.
You understand that Polly’s Garden uses the Stripe API to run the Service and that the Stripe API is subject to change at any time and such changes may adversely affect the Service. You understand and agree to not hold Polly’s Garden liable for any adverse effects that actions (whether intentional or unintentional) on the part of Stripe may cause to your account, or order.
You must not process stolen credit cards, or unauthorized credit cards through Stripe.
SECTION 17 – REPRESENTATIONS
You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
SECTION 18 – CIRCUMSTANCES BEYOND OUR CONTROL
If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.
Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation pandemics, lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.
If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:
- you will be notified as soon as reasonably possible; and
- the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control.
If the delivery/collection date is affected by the Circumstances Beyond Our Control, we will reschedule the delivery/collection date with you after the Circumstances Beyond Our Control are over.
If Circumstances Beyond Our Control occur and you do not wish us to provide the Products, you may cancel the contract in accordance with our cancellation policy. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 6 weeks in accordance with our cancellation rights.
SECTION 19 – NOTICE
Any notice to us should be in writing and sent to us by email.
Any notice to you will be in writing by email to the address you provided us with on the Order.
SECTION 20 – RIGHTS AND OBLIGATIONS
We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.
You cannot transfer your rights and obligations under these Terms to any other person without our written approval.
This contract is only between you and us. No other third person shall have any rights to enforce any terms.
Each paragraph of these Terms is separate and distinct from others. If any court or relevant authority determines any of paragraphs of these Terms is unlawful, then such determination will not affect other paragraphs and all other remaining paragraphs will remain in effect and full force.
Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default rights will be only in writing, and it does not mean that we will waive any of your future defaults.
SECTION 21 – INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the materials on our site for commercial purposes without a licence from us or our licensors. You may not reproduce in any format (including on another website) any part of our site (including content, images, designs, look and feel) without our prior written consent.
If, in our opinion, you are in breach of these provisions, your right to use our site will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.
SECTION 22 – VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By failing to comply with this provision, you would commit a criminal offence and your right to use our site will cease immediately and we will report your actions to the relevant authorities.
SECTION 23 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Polly’s Garden be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 24 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Polly’s Garden, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 25 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 26 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 27 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 28 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.
SECTION 29 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
If you have any questions about these Terms and Conditions, please feel free to contact us at email@example.com or by phone 07305 291897