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Giles Lesley terms and conditions for orders

These terms and conditions (the "Terms and Conditions") are the terms and conditions upon which Giles Lesley British Unit ("we/us") makes this website (the "Giles Lesley Site") available to you and any of our services which are accessible on or via the Giles Lesley Site (the "Giles Lesley Service").

These Terms and Conditions govern your use of the Giles Lesley Site.

1. Giles Lesley products

1.1 All Giles Lesley Products as depicted on this website (as may be varied from time to time) are available almost everywhere in the UK, Channel Islands, Ireland and Isle of Man – or as otherwise directed.

1.2 Certain Giles Lesley Products may be delivered by us in bud to ensure longer life.

1.3 Some Giles Lesley Products, Flowers and Plants may be harmful or poisonous, if you require further information before submitting an order please contact the Giles Lesley Customer Service Team using the contact details set out in Section 6 below.

1.4 All Giles Lesley Products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute an Giles Lesley Product of equivalent value and quality without notice.

1.5 In the event that we are unable to supply the Giles Lesley Product or any substitute product to you at all, we shall notify you as soon as is reasonably possible and shall reimburse your payment in full and in any event no later than 30 days after the intended delivery date.

1.6 We are unable to offer Champagne or other Finishing Touches with products ordered from selected ranges, including Giles Lesley & Funeral.

2. Prices

2.1 Prices listed within the Giles Lesley Service are valid for a maximum of 14 days of submitting your purchase form.

2.2 Prices include VAT for deliveries within the UK, Ireland and Channel Islands, but exclude Giles Lesley Delivery (£4.95) and the transmission charge for overseas orders (£6.99).

3. Orders / Payment

3.1 You will be given clear instructions to follow to navigate the Order Form and you shall be required to provide us with your complete personal details, including accurate postcode, together with those of the intended recipient and all necessary payment details. We accept payment by all major credit and/or debit cards other than Electron, department store cards and any other credit and/or debit cards as we may specify from time to time. By clicking on the 'check out' button on the Order Form, you are consenting to be bound by our terms and conditions contained in these Terms and Conditions and appearing anywhere on the Giles Lesley site.

3.2 Submitting your Order Form is subject to our acceptance of this offer when we issue a written confirmation of acceptance by e-mail to the e-mail address with which you have addressed us. This message will re-confirm elements of the order(s) you have placed including confirmation of your card message. We will not consider ourselves bound by a contract with you until we have issued this confirmation.

3.3 We will confirm your order details and advise you that we are processing your purchase when we e-mail you.

3.4 We cannot accept Order Forms from customers under the age of eighteen (18) years.

4. Delivery

4.1 Except where stated, Giles Lesley Delivery of £4.95 will be applicable within the UK, Ireland, Isle of Man and Channel Islands. If you request delivery to remote areas which are not normally delivered to by Giles Lesley you will be advised of any additional charges as soon as possible upon receipt of your Order Form. Selected products are not available for delivery to certain areas - where possible we will advise you of these restrictions before you place your order.

4.2 Should you require your delivery to be made within a specific time period we are able to offer the following delivery services:

4.2.1 'Before 1pm'/'after 1pm' service is available at a charge of £3 in addition to Giles Lesley Delivery of £4.95. The service is offered to flower orders for delivery within the UK, Ireland, Isle of Man and Channel Islands. Should you require this delivery service, your Order Form must be submitted (requesting this service) by 1pm 24 hours in advance of the required delivery date (1pm Saturday in the case of Monday deliveries). This delivery service is offered subject to availability and is not available for certain products – the service may be withdrawn without notice during busy periods.

4.2.2 '3 hour delivery' service is available at a charge of £5.50 in addition to Giles Lesley Delivery of £4.95. The service is offered for flower orders to selected delivery locations within the UK, Ireland, Isle of Man and Channel Islands. Should you require this delivery service, your Order Form must be submitted (requesting this service). This delivery service is offered subject to availability and is not available for certain products – the service may be withdrawn without notice during busy periods. This delivery option is not available for orders requesting Champagne as part of the order.

4.3 On acceptance by us of your Order Form we will advise you by e-mail confirmation of the intended delivery date. Where same day delivery is available for the product you are ordering for delivery within the UK, Ireland, Isle of Man and Channel Islands we must receive your Order Form by 2pm (prevailing British local time). Delivery of selected alcohol products will be made within a 48 hour period of the requested delivery date - if this is the case for the product you are ordering we will advise you before placing your order. We will process Order Forms received on Sundays or Public Holidays the next working day. We do not deliver on Sundays or public holidays but in this case we will deliver the Giles Lesley Product you request on the next working day.

4.4 Incorrect personal details may lead to problems or delays in delivery, so before placing your order, please ensure that you have included the full address details, including accurate postcode of the intended recipient and telephone number, together with your daytime contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered.

4.5 Certain products will be delivered during a delivery period, providing delivery within a time frame around your preferred delivery date - if this is the case for your order, we will advise you prior to, or during the order process.

4.6 Whilst we agree to use all reasonable endeavours to ensure that delivery will be on the requested delivery date or during the delivery period, you acknowledge that actual delivery will be via a local florist or for certain orders via third party courier or postal service. In very occasional circumstances delivery on the requested terms will not be possible, in such circumstances you will be given prior notice wherever possible and we shall either make alternative arrangements or shall reimburse your payment in full in accordance with clause 1.5 above. Orders fulfilled via courier or postal services will be despatched the day prior to the nominated delivery date.

4.7 In the case of delivery to certain locations where a third party is involved, such as offices, hospitals, Funeral Directors, airports, hotels, ships and other business locations, the signature of any person authorised to accept delivery on behalf of the organisation shall be accepted as proof of delivery to your chosen recipient. Please be advised that we are unable to deliver wines, faux flowers and plants to Funeral Directors, Hospitals, airports or ships.

4.8 In respect of orders outside the UK, Channel Islands and Ireland, delivery shall be made as soon as is reasonably practicable but you acknowledge that delivery on the intended delivery date, particularly in respect of orders received for same day delivery or for Sundays and Public Holidays, cannot be guaranteed.

4.9 It is possible to select a preferred delivery time within the order process for items ordered from the 'Sympathy' &'Funeral' product ranges. This option should be used only for orders requesting delivery to funerals or funeral parlours. Whilst every effort will be made to ensure your order is delivered prior to the time selected, no guarantee for delivery by the time specified can be given. To assist us in meeting your preference, please ensure your order is placed at least one working day prior to the preferred delivery time.

4.10 In the instance of there being difficulties in delivering your order to the intended recipient we (including the florist or third party delivering your order) reserve the right to contact the recipient using the contact details you provide on the Order Form.

4.11 When placing your order you are able to specify further delivery information using the 'Delivery Information' field provided. This is intended to provide further guidance to the party delivering your order which isn't included within your address information – for example to specify floor number, or hospital ward. We reserve the right to not action any delivery requests specified in this field which we deem unacceptable and will use other elements of address information provided elsewhere on the order form to fulfil your order.

4.12 Before placing your order, please review delivery cut-off times & prices - accessed from the Product Details page of each product.

5. Cancellation

5.1 Orders may be amended or cancelled up to 24 hours before the intended delivery date for UK, Ireland and Channel Islands. Where delivery is to be made via courier, Royal Mail or other third party carrier orders can be amended or cancelled up to 3 working days prior to delivery date requested - this applies to products such as plants, wines & faux flowers. Where delivery is to be made outside UK, Ireland and Channel Islands please provide notification 48 hours before the intended delivery date.

5.2 To amend or cancel your order, please contact the Giles Lesley Customer Service Team from 8am until 6pm Monday to Friday and 9am until 5pm on Saturday using the contact details set out in Section 6 below.

5.3 You are entitled to cancel any payment at any time where fraudulent use has been made of your credit or debit card by another person not acting on behalf of you or as your agent and to be re-credited by us to the extent that such sums are not reimbursed by the card issuer in such circumstances.

6. Giles Lesley customer services

6.1 In the event that you are not satisfied with the Giles Lesley Service any complaints should be addressed in the first instance to:

By email: enquiries@gileslesleyflorists.co.uk

6.2 Our Customer Service Team is available from 8am until 6pm Monday to Friday and 9am until 5pm on Saturday.

6.3 Because of the perishable nature of most Giles Lesley Products and in order to assist us in resolving any complaints quickly and to our mutual satisfaction, we advise you to make any complaint within 1 working day of the date of delivery or intended delivery of your purchase.

7. Disclaimer

7.1 Whilst we agree to use our reasonable endeavours to ensure that the Giles Lesley Site and/or the Giles Lesley Service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the Giles Lesley Site and/or the Giles Lesley Service and shall be released from our obligations under these Terms and Conditions in the event of any cause beyond our reasonable control which renders the provision of the Giles Lesley Site and/or the Giles Lesley Service impossible or impractical.

7.2 (a) We accept liability for death or personal injury arising from our negligence.

(b) Subject to clause 7.2(a), our liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your Order Form with us shall be limited to a multiple of [5] times the price you have paid for the Giles Lesley Products.

(c) Subject to clauses 7.2(a) and 7.2(b) above we exclude all liability for any claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly out of or in any way connected with your use or inability to access the Giles Lesley Site and/or the Giles Lesley Service, whether arising in contract, tort (including negligence), under statute or otherwise PROVIDED THAT nothing contained in these Terms and Conditions affects or will affect your or the recipient's statutory rights in relation to the quality, fitness or description of the Giles Lesley Products supplied.

(d) Subject to clauses 1.5 and 4.6 above, we shall not be liable for any delay or inability to perform our obligations to you if such delay is due to any cause whatsoever beyond our reasonable control.

9. Alcoholic gifts

9.1 3-hour service not guaranteed on Champagne.

9.2 Champagne is available as a Finishing Touch & via designated Gift Sets only.

9.3 We reserve the right to replace brands shown to equal value and quality.

9.4 Available in selected delivery areas only - product range may be restricted for certain delivery locations.

9.5 Under the Licensing Act of 1964 (UK) and 1976 (Scotland) it is an offence for any person under 18 years to buy, or attempt to buy, alcoholic liquor. It is an offence under Sections 32 and 33 of the Intoxicating Liquor Act 1988 (Ireland) for any person under 18 to buy, or attempt to buy, intoxicating liquor. It is an offence under Licensing (Northern Ireland) Order 1990 for any person under 18 to buy, or attempt to buy, intoxicating liquor.

9.6 Champagne is distributed to selected areas in association with a licensed third party, for further information regarding this supplier contact champagne@Giles Lesley.co.uk.

10. General

10.1 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Giles Lesley Site and/or the Giles Lesley Service from time to time. We will post any changes on the Giles Lesley Site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Giles Lesley Service or Giles Lesley Site. Changes will be effective five (5) hours after the posting of any such change and all subsequent dealings between you and us shall be on the new terms and conditions.

10.2 Additionally, we reserve the right to suspend, restrict or terminate access to the Giles Lesley Site and/or the Giles Lesley Services for any reason at any time.

10.3 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Giles Lesley Site, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10.4 We shall ensure that we comply with the requirement of all current data protection legislation including, without limitation, the Data Protection Act 1998 (as replaced, modified or re-enacted from time to time). We shall only use personal data received from you for the purpose of fulfilling our obligations under these Terms and Conditions and as stated in our Privacy Policy.

10.5 A person who is not a party to the agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists apart from that Act.

10.6 Save in respect of fraudulent misrepresentation, this agreement (including any documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets forth the entire agreement and understanding between you and us relating to the subject matter hereof.

10.7 Your purchase will be deemed to have occurred in the UK. These Terms and Conditions shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English courts.

My Account service - terms and conditions

1. The www.gileslesleyflorists.co.uk My Account service ('the Service') is provided as a complimentary feature by Giles Lesley British Unit ('Giles Lesley') for your personal use subject to these Terms and Conditions. In order to provide the Service, we will hold certain personal information. Except to the extent that we are required or permitted by law, any personal information which we collect will be used solely for the purposes of providing the Service.

2. To register with the Service you must be over eighteen years of age.

3. When you register with the Service you will be required to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us immediately. Should you forget your password, please use the password reminder service (this option can be found adjacent to the My Account login box).

4. If Giles Lesley has reason to believe that there is likely to be a breach of security or misuse of the Service or site, we may require you to change your password, or may suspend use of the Service.

5. You must ensure that the details you provide on registration or at any time are correct and complete.

6. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. You can update the details you have given us at any time by going to the 'My Payment Address Details' section of 'Address Book' within the My Account area of the website OR emailing enquirires@gileslesleyflorists.co.uk. This will ensure that the Service we provide is accurate and up to date. Please also visit this page OR email us if any of the information that we hold about you is incorrect or needs updating, or if you want us to delete any personal information.

7. Use of the Service is intended to assist with purchases to be made via the Giles Lesley website www.gileslesleyflorists.co.uk ('the Site'). The Service must not be used for the following purposes:

a) Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

b) Gaining unauthorised access to other computer systems.

c) Interfering with any other person's use or enjoyment of the Site.

8. Giles Lesley reserves the right to refuse to post material on the Site, or to remove material already posted on the Site.

9. Whilst we take every reasonable precaution and care in relation to the Service, we do not make any representation or warranties of any kind (express or implied) with respect to the contents or operation of this Service, and any such representations and warranties are excluded by this notice. We do not warrant that use of the Service will be uninterrupted or error free. Whilst every effort is made to ensure reminder emails set up on your account are processed and delivered as requested, Giles Lesley cannot be held responsible for non-delivery of these messages. Your use of the Service is done so entirely at your own risk and we do not accept any liability whatsoever for losses or damages that you may suffer as a result of your use of the Service.

10. Your access to the Site and Service may be occasionally restricted to allow for routine maintenance.

11. These Terms and Conditions operate in conjunction with general Terms & Conditions of the Site governing overall use and order placement, a copy of which can be viewed here. Giles Lesley are committed to protecting your privacy, the Site Privacy Policy can be viewed here.

12. If you have any queries please contact Giles Lesley Customer Services on:

a) Tel: +44 (0)1737 356989

b) Email: enquiries@gileslesleyflorists.co.uk

13. We have obligations in relation to your personal information under the Data Protection Act 1998. Some of the information you provide may be "sensitive" information under the Act (i.e. information on "delicate" matters, including race, political opinions, religion, trade union membership, physical or mental health or condition, sexual life etc). By registering for the Service and providing your details, you agree to us using information in the way set out above. Where you provide information about other people (for example their date of birth, or their address) you also confirm that have the consent of these people to provide us with that information.

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