Terms of Sale

(1) INTRODUCTION

Please read these terms of sale carefully.

You will be asked to expressly agree to these terms of sale before you place an order for products from our website.

(2) INTERPRETATION

In these terms of sale, 'we' means Flourish by Victoria Percival (and 'us' and 'our' will be construed accordingly); and 'you' means our customer or potential customer for products (and 'your' will be construed accordingly).

(3) ORDER PROCESS

The advertising of products on our website constitutes an 'invitation to treat'; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to take the following steps:

  • add the products you wish to purchase to your shopping bag and proceed to checkout;
  • you must select your preferred method of delivery and confirm your order and your consent to these terms of sale;
  • you will be transferred to Shopify Payments to handle your payment;
  • and once we have checked whether we are able to meet your order, we will send you an order confirmation. Where we unable to meet your order we will notify you of this.

We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

The only language in which we provide these terms of sale is English.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing your order at the order review page. You may correct those input errors before placing your order by amending your order details at the order review page.

(4) THE PRODUCTS

Flourish by Victoria Percival is in an online boutique selling wedding hair accessories and bridal jewellery.

(5) PRICE AND PAYMENT

Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated.

In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.

Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

The prices on the website include all value added taxes (where applicable).

Payment for all products must be made by credit or debit card, or other payment method as indicated at the time of the order.

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

(6) YOUR WARRANTIES

You warrant to us that:

(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;

(b) the information provided in your order is accurate and complete;

(c) you will be able to accept delivery of the products;

(7) DELIVERY POLICY

We will arrange for the products to be delivered to the delivery address in your order. The cost and timescale for delivery is dependent on whether the products are held in stock and the delivery region.

All packages are delivered using tracked services with recorded signed receipt. Tracking numbers will be provided once the order has been fulfilled. If there's no one to accept the parcel at the time of delivery, the delivery service will leave a card for you to arrange collection or re-delivery.

Standard delivery uses Royal Mail but other delivery services/couriers may be used for specific circumstances.

The timeframes below should be used as a guide and no guarantees can be made on delivery timeframes. Should you have specific circumstances outside of these guidelines please contact us and we can assist directly.

Prices shown are standard charges and from time to time these may differ, such as during a promotion period. All delivery charges (if applicable) will be clearly shown during the checkout process.

IN STOCK PRODUCTS

Delivery Region

Cost

Delivery Time (estimated)

Delivery to UK 

(under £100)

 £3.95

 3 – 5 working days

Delivery to Europe

(under £100)

 £8.95

 5 - 7 working days

Delivery to rest of the world

(under £100)

 £8.95

 7 - 9 working days

All Regions (over £100)

FREE

 As per above region-specific timeframes.

 

If you have an urgent order, please contact sales@flourishvp.com to ensure we can meet your timescale.

We reserve the right to send products in separate packages to ensure a faster delivery service.

We do not take responsibility for late or non-delivery due to factors outside our control.

We will use reasonable endeavours to deliver products in line with the guidelines provided. However, we cannot guarantee delivery by a specific date.

(8) RISK AND OWNERSHIP

The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:

(a) delivery of the products; and

(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).

We will be entitled to recover payment for the products even where ownership has not passed to you.

(9) CANCELLATION RIGHTS

Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of any made to order items and exemptions as covered under our Returns Policy). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. 

Should you wish to cancel your order, you can notify us by email at returns@flourishvp.com.

You cannot cancel your contract if the goods you have ordered are bespoke (i.e. made to order) or other exemptions as covered under our Returns Policy.

If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

Once you have notified us that you are cancelling your contract, and we have received the goods back, we will refund any sum debited by us from your credit or debit card within 14 calendar days.

We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you (for example using or wearing the goods prior to cancellation) 

(10) STATUTORY RIGHTS

Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).

(11) REFUNDS

If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.

(12) LIMITATIONS AND EXCLUSIONS OF LIABILITY

Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of sale.

The limitations and exclusions of liability set out in this Section and elsewhere in the terms of sale: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, 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 series of events beyond our reasonable control.

We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

(13) GENERAL TERMS

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

Subject to the first paragraph of Section [12]: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

(14) ABOUT US

Our full name is Flourish by Victoria Percival, trading under 'Victoria Percival'.

Our email address is sales@flourishvp.com

Our contact number is +44(0)7583690036

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