Terms & Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (categorised into Floral Product and Glass Product, together Product) listed on our website www.desmondtalbot.com (Our Site) to you. Please read these terms and conditions carefully before ordering any Products from Our Site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

1. INFORMATION ABOUT US

1.1 www.desmondtalbot.com is a site operated by Desmond Talbot Limited (we). We are registered in England and Wales under company number 07203074 and with our registered office at Studio G5, Great Guildford Business Square, 30 Great Guildford Street, London, SE1 0HS.

1.2 We are a limited company.

2. YOUR STATUS

By placing an order through our site, you warrant that:

(a) You are legally capable of entering into binding contracts; and

(b) You are at least 18 years old.

3. ACCESSING OUR SITE

3.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

3.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

3.3 If you choose, or are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any provisions of these terms and conditions.

3.4 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order (Acknowledgment Email). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

5. OUR STATUS

5.1 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

5.2 Where there are links to other sites and resources by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

6. CANCELLATION

6.1 You acknowledge and agree that you will not have any right to cancel a Contract for the supply of any of the Products as the Products have been arranged to your specifications and cannot be returned.

6.2 This provision does not affect your statutory rights.

7. AVAILABILITY AND DELIVERY

7.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation.  Under normal circumstances, we make our best efforts to ensure that any order is delivered to your address on the date as specified by you when placing the order. There are times, however, when this is not possible owing to problems with the provided address information or unforseen obstacles encountered by our drivers whilst attempting to deliver the order. It is very important that the recipient address you provide is accurate and that additional instructions are given to help our drivers locate difficult-to-find addresses. We  cannot be held responsible for failed deliveries that result from a problem with the address provided at the time of order placement or the fact that the recipient no longer lives at the address provided.

7.2 In case of failed delivery we will attempt one subsequent delivery. We reserve the right to charge an additional delivery charge if the failed delivery is the result of a problem outside our control. We cannot be held responsible for any other costs incurred by you or the recipient due to failed deliveries. In case the recipient is not at home at the time of delivery, the driver will attempt to leave the order with a neighbour (unless you specifically request that this should not be done) and leave a card at the recipient’s address. The card will be our proof of delivery. It should be noted that it is then the recipient’s responsibility to collect the order from the neighbour.

7.2 The Product is subject to availability. In the event the Product cannot be supplied for reasons beyond our control, including but not limited to, the unavailability of the Product, we reserve the right to substitute the Product or part of it with a product of equivalent value and shall notify you as soon as is reasonably practicable.

7.3 You agree and accept that the Floral Product will vary in terms of lifespan dependant on season and environmental conditions which are out of our control.

8. RISK AND TITLE

8.1 The Products will be at your risk from the time of delivery.

8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

9. PRICE AND PAYMENT

9.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.

9.2 These prices exclude delivery costs, which will be added to the total amount due. The cost of delivery for Floral Products to be delivered in London will vary from £8.50 and will be confirmed by us in our Acknowledgment Email.  The cost for Glass Products to be delivered in London will vary depending upon pieces and quantities ordered and will be confirmed by us in our Acknowledgment Email.

9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

9.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

9.6 Payment for all Products must be by credit or debit card before the Product is dispatched. We accept payment with Master Card, Visa, American Express and Delta Maestro/Switch cards. We reserve the right to immediately suspend or terminate the Contract if payment is not received in accordance with this clause 9.

10. OUR LIABILITY

10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

10.2 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy.

10.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

10.4 This does not include or limit in any way our liability:

(a) For death or personal injury caused by our negligence;

(b) Under section 2(3) of the Consumer Protection Act 1987;

(c) For fraud or fraudulent misrepresentation; or

(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

10.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

(a) loss of income or revenue

(b) loss of business

(c) loss of profits or contracts

(d) loss of anticipated savings

(e) loss of data

(f) loss of data, or

(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;

provided that this clause 10.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1, 10.2 or clause 10.3 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 10.5.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it, including but not limited to, copyright and trademarks. These works are protected by copyright laws and treaties and all such rights are reserved.

11.2 You are expressly prohibited from copying, reproducing, displaying or transmitting any such material on our site without obtaining our prior written consent. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

11.3 Subject to this clause you are permitted to use the information displayed in our site for the sole purpose of purchasing or considering to purchase our Products or any other purpose of our site and we reserve the right to withdraw this licence at any time without notice to you.

11.4 You agree to indemnify us in the event that we incur any indirect/direct claims, liabilities, costs, fees, losses, damages or expenses (including consequential) as a result of your breach of this clause 11.

12. RELIANCE OF INFORMATION POSTED AND CHANGES TO OUR SITE

12.1 Any material on our site is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

12.2 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

13. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy policy [INSERT LINK TO PRIVACY POLICY]. By using our site, you consent to such proceedings and you warrant that all data provided by you is accurate.

14. VIRUSES, HACKING AND OTHER OFFENCES

14.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technically 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.

14.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

14.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

15. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

16. NOTICES

All notices given by you to us must be given to Desmond Talbot Limited at Studio G5, Great Guildford Business Square, 30 Great Guildford Street, London, SE1 0HS. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 15 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

17. TRANSFER OF RIGHTS AND OBLIGATIONS

17.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

17.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

17.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

18. EVENTS OUTSIDE OUR CONTROL

18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) Strikes, lock-outs or other industrial action.

(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

(e) Impossibility of the use of public or private telecommunications networks.

(f) The acts, decrees, legislation, regulations or restrictions of any government.

18.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

19. WAIVER

19.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

19.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

19.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16.

20. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

21. ENTIRE AGREEMENT

21.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

21.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

21.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

22. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

22.1 We have the right to revise and amend these terms and conditions from time to time.

22.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

23. LAW AND JURISDICTION

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the law of England and Wales. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

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