Introduction
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Churchman Fenner & Brown Ltd the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. 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 which include our privacy and cookie policies. 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. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, You, User or Users means any third party that accesses the Website and is not either (i) employed by Churchman Fenner & Brown Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Churchman Fenner & Brown Ltd and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
1. All Content included on the Website, unless uploaded by Users, is the property of Churchman Fenner & Brown Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
2. You may, for your own personal, non-commercial use only, do the following:
a. retrieve, display and view the Content on a device
b. print one copy of the Content
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Churchman Fenner & Brown Ltd.
Prohibited use
4. You may not use the Website or any of our products or services for any of the following purposes:
a. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
5. You must not transmit any worms or viruses or any code of a destructive nature.
6. A breach or violation of any of the Terms will result in an immediate termination of your Services.
Registration
7. You must ensure that the details provided by you on registration or at any time are correct and complete.
8. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
9. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
10. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
Links to other websites
13. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Churchman Fenner & Brown Ltd or that of our affiliates.
14. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
15. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Privacy Policy and Cookies Policy
16. Your privacy is critical to Churchman Fenner & Brown Ltd. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
17. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following links: www.scsgroup.com/privacy-policy and www.scsgroup.com/cookie-policy.
18. Churchman Fenner & Brown Ltd is a Data Controller of the Personal Data we process in providing Goods to you.
19. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data, in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure. 20. For any enquiries or complaints regarding data privacy, you can e-mail: cfb@scsgroup.com.
Availability of the Website and disclaimers
21. Whilst Churchman Fenner & Brown Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses, and other malware, we give no warranty or
guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
22. Churchman Fenner & Brown Ltd accepts no liability for any disruption or non-availability of the Website.
23. Churchman Fenner & Brown Ltd reserves the right to alter, suspend or discontinue any part (or the whole) of the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise. The User agrees that it is your responsibility to monitor changes to our site.
24. Churchman Fenner & Brown Ltd is 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.
Errors, Inaccuracies And Omissions
25. 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).
26. 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.
General
27. We reserve the right to refuse service to anyone for any reason at any time.
28. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
29. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
30. These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
31. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
32. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
33. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
34. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Products or Services
35. All products which appear on the Website are subject to availability and are subject to return or exchange only according to our Return Policy.
36. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
37. 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.
38. We reserve the right to limit the quantities of any products or services that we offer.
39. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
40. We reserve the right to modify or discontinue any product or service (or any part or content thereof) without notice at any time.
41. Any offer for any product or service made on this site is void where prohibited.
42. 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.
43. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
44. All pricing is inclusive of 20% VAT.
Basis of Sale
45. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
46. You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you.
47. 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.
48. 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.
49. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Shipping
50. It is the responsibility of the customer to check the delivery address they are sending to and whether they are able to accept flowers (hospitals, for example, don’t always allow flower deliveries). Churchman Fenner & Brown Ltd does not accept any liability for incorrect address details leading to incorrect deliveries. As we work with a third party delivery service, once the flowers are out for delivery we are unable to make alterations to the delivery address.
51. Churchman Fenner & Brown Ltd is not liable for any deliveries unable to be fulfilled due to forces beyond our reasonable control, such as severe weather, mechanical breakdowns, or road traffic accidents.
52. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay additional delivery fees, import duties or other taxes, as we will not pay them.
Returns Policy
53. As we are working with a natural product, every stem is unique and may differ slightly from the picture on the website. Unfortunately, we therefore cannot accept returns on any of our products, unless they are incorrect or damaged.
54. If the flowers we deliver are damaged, or the delivery is of an incorrect product or quantity, you must notify us of the problem within 5 working days of the delivery of the products in question, to arrange a refund or exchange. After this time, Surella Ltd shall have no liability to you.
Cancellations
55. Once your order has been prepared, packaged or dispatched, it cannot be cancelled. If you wish to cancel your order, please email us at cfb@scsgroup.com as soon as possible, and we will look into whether this is possible.
Gift Messages – Personal Messages
56. You must agree that any messages you supply to us, to be sent by us as a third party, will not contain anything that can be construed as vulgar, abusive, harassing, racist or defamatory and that may cause upset and embarrassment to the recipient or any other person. Churchman Fenner & Brown Ltd has the right to refuse to send or display objectionable messages.
User Comments, Feedback And Other Submissions
57. If, at our request, you send certain specific submissions (for example reviews, 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, cut, 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.
58. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
59. 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 libelous 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.
60. 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.
61. 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.
Limitation of liability
62. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
63. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
64. To the maximum extent permitted by law, Churchman Fenner & Brown Ltd accepts no liability for any of the following:
a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software;
c. any special, indirect or consequential loss or damage.
65. You agree to indemnify, defend and hold harmless Churchman Fenner & Brown Ltd and our parent, subsidiaries, affiliates, partners, directors, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable lawyers’ 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.
Churchman Fenner & Brown Ltd details
66. Churchman Fenner & Brown Ltd is a company incorporated in England and Wales with registered number 1098787, whose registered address is Unit 18A, Queensway Industrial Estate, Longbridge Hayes Road, Stoke-On-Trent, ST6 4DS and it operates the Website www.scsgroup.com You can contact Churchman Fenner & Brown Ltd by email on cfb@scsgroup.com.
Changes to this policy
67. Churchman Fenner & Brown Ltd reserves the right to change this policy which includes our privacy and cookie policies as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the policy, including the privacy and cookie policies on your first use of the Website following the alterations. You may contact Surella Ltd by email at cfb@scsgroup.com.
Attribution
68. These terms and conditions were created using a document from Rocket Lawyer and edited by Churchman Fenner & Brown Ltd.