Terms & Conditions
These terms and conditions (the "Terms and Conditions") are the terms and conditions upon which Imogen Stone Ltd ("we/us") makes this website available to you and on which we provide our services for delivery of flowers and other associated products under the Imogen Stone brand ("Services"). You can access our Services via the Imogen Stone website or by telephone.
ATTENTION: This legal notice applies to the entire contents of this website and to any correspondence between us and you. Please read these terms carefully before using this website. Using this website indicates that you accept these terms regardless whether or not you choose to purchase from us.
The Seller
This site is owned and operated by Imogen Stone Ltd. Address: 2 Victoria Road, Harpenden, Herts. AL5 5EA, United Kingdom. If you want to ask us anything about these terms and conditions or have any comments or complaints on or about our website, please email us at customer.service@imogenstone.com or call us on 0870 286 3757
Products
All products are subject to availability, and acceptance of your orders. We reserve the right to change all or some of the contents or packaging with an item of equal or greater value without notice. Flowers may be delivered in bud to ensure longer life. Some flower bouquet contents may be harmful if eaten and/or a skin irritant.
Prices
Prices as stated as part of the Services are valid for acceptance for a maximum of 14 days from the date we receive your order. Prices stated as part of the Services include VAT and delivery within the UK, except as provided otherwise in these Terms and Conditions.
Delivery
General Delivery Information
Our standard delivery charge is £3.95. Orders received before 3pm can be delivered as early as the next day (orders placed on Saturdays, Sundays or Bank Holidays will be treated as having been received on the next working day). The date of delivery can be entered as part of the checkout process. Delivery is available Tuesday to Saturday, but is not available on Sundays, Mondays or bank holidays. If you require any further information please contact us on 0870 286 3757 or by email: customer.service@imogenstone.com.
Nationwide Same Day Delivery Information
We offer a UK nationwide same day delivery service for orders placed before 1pm. For same day delivery please order by telephone on 0870 286 3757 before 1pm.
Flowers & Plant Collections
Please note that you will be asked to select a delivery date as part of the checkout process. All Flower & Plants (except Fairtrade & Postal) are delivered by courier on the day selected between the hours of 9am - 6pm (Tue-Fri) and 9am - 1pm (Sat).
For Postal & Fairtrade Flowers we use Royalmail first class post. Postal & Fairtrade Flowers will usually be delivered by within 2 working days of your chosen date. Should you need a guaranteed delivery date, please choose flowers from one of our other ranges, which are available for named day delivery.
Gift Hampers
Gift Hampers order received before 1pm can be delivered as early as the next day (orders placed on Saturdays, Sundays or Bank Holidays will be treated as having been received on the next working day). Please note that you will be asked to select a delivery date as part of the checkout process. All Gift Hampers are delivered by courier on the day selected between the hours of 9am - 6pm (Tue-Fri). We do not currently offer a Saturday delivery service for Gift Hampers.
Additional Information
Recipient not at Home - If the recipient is not at home when delivery is attempted the driver will follow any additional instructions provided during the checkout process. If there are no additional instructions then they may try the nearest neighbours to see if they are willing to look after the delivery. If there are no neighbours available they may try to find a sheltered, secure spot such as a garage or closed porch and leave them there. In all of these cases a delivery card will be posted telling the recipient where the delivery has been left.
Deliveries to Workplaces - Please ensure that you include the company name and full address of the recipient for any deliveries to offices.
Deliveries to Hotels - Please ensure that you have included the full address of the hotel, telephone number and recipient's room number (if known).
We are unable to accept orders where full address information has not been supplied. If you an unsure about the address please check against either Royal Mail's free Postcode/Address Finder: www.royalmail.com or use the 'Free Postcode Finder' service at: www.postcodeanywhere.co.uk
If you have a question relating to delivery which isn't covered above then please contact: customer.service@imogenstone.com
Cancellation
Cancellations that are received with at least 24 hours before the scheduled delivery date will be eligible for a full refund. Orders placed or cancelled on Saturdays, Sundays or Bank Holidays will be treated as having been received on the next working day. To cancel an order, please contact: customer.service@imogenstone.com quoting your order reference number.
Amendments
If you wish to amend an existing order that has not been dispatched then please contact us (ideally with at least 24 hours before the delivery date) to let us know what changes you require. Orders amended on Saturdays, Sundays or Bank Holidays will be treated as having been received on the next working day. To amend an order, please contact: customer.service@imogenstone.com quoting your order reference number.
Order Processing and Payment
Payment may be made by any of the methods indicated on the payment page of the website and will be debited when you submit your order. When you submit your order by clicking on the 'Order' button, you are consenting to be bound by our terms and conditions contained in these Terms and Conditions.
For your order to be processed and delivered on the required date, you must supply us with all the relevant details requested, including full delivery details, post code and telephone number. Your order will only be processed if full payment details are given.
Your order will be acknowledged via e-mail confirming your details, if you enter a correct e-mail address. You will be issued an order reference number for any future correspondence. All costs will be charged at the cost of the date on which you place your order. We will not consider ourselves bound by a contract with you until we have issued an email acknowledging your order.
Returns
Flowers Products Returns - Due to the perishable nature of cut flowers, we cannot accept returns on our flower products. However, if for any reason you are not entirely delighted with your flower order, please complete the 'by Email' form on the contact us page.
In order for us to resolve any complaints quickly and to our mutual satisfaction, we advise you to make any complaint on the same date of delivery or intended delivery of your purchase.
Non Flowers Products Returns - If you are not entirely delighted with the products that you have chosen you may return them to us within 7 days of receipt. We will be more than happy to offer you an exchange or, at our discretion, a refund provided that the products are returned complete in original packaging, in perfect condition and unused. Please take care to ensure that the returned item is properly sealed and includes the original despatch note or return form.
Making Returns (non flower products only)
For all returns, except where the item is damaged, you will be required to arrange and pay for the return of the products to us. To return any products to us, please:
- Complete the reverse side of the delivery note (which comes with your order).
- Clearly mark whether you would like a refund or exchange.
- Pack the items back in the parcel, attach the invoice and send it back to:
Imogen Stone Ltd
Shufflebottom Barn
Sheepcote Lane
Wheathampstead
Herts
AL4 8NJ
Please note that we cannot accept returned goods that we reasonably believe have been used. When returning items please retain proof of posting as we cannot accept responsibility for parcels lost in transit. We will only refund or provide an exchange for the costs of postage where the item returned is damaged.
Force Majeure
Neither we, nor any courier or postal service that we use shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control including but not limited to any fire, flood, explosion, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, government act, act of war, terrorism, act of God, or from any industrial dispute or strike whatsoever.
Disclaimer
Whilst we agree to use our reasonable endeavours to ensure that the Imogen Stone Website and/or the Services are fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the Imogen Stone Website or Services 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 Imogen Stone Website and/or the Imogen Stone Service impossible or impractical.
We accept liability for death or personal injury arising from our negligence and for all liability arising from any fraudulent representation we may make. Our liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your order placed with us or in connection with the Services in any way shall be limited to a multiple of 1 times the price you have paid for the relevant Imogen Stone Products. 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 Imogen Stone Website and/or the Services, 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 Imogen Stone Products supplied.
Warranties and Disclaimers
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy or completeness of the material on this Website. We may make changes to the material on this Website or to any services or prices described in it, at any time without notice. The material on this Website may be out of date, and we do not make any commitment to update this material.
The content, information and material on this Website is provided "as is" without any conditions, warranties or other terms of any kind.
Intellectual Property and Content
The copyright and other intellectual property rights in all content and material on this Website (including without limitation the name "Imogen Stone", photographs, logos, trade marks and graphical images) are owned by Imogen Stone Ltd or its licensors, unless otherwise stated or indicated. All rights which are not expressly granted in these Terms and Conditions are reserved. No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Use of any extracts from this Website is prohibited. Without prejudice to the general statements made above, you are not in any event permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content of this Website, use any content from this Website in connection with any business or commercial enterprise including, without limitation, any media business or enterprise, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software or any documentation accompanying such software or other content available on or through this Website
If you breach any of these Terms and Conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
Visitor Material and Conduct
Other than personally identifiable information which is covered under the Privacy Policy any material you transmit or post to this Website or supply to us in relation to the Website will be considered non-confidential and non-proprietary. We will have no obligations in relation to such material. We (and our designees) will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied in any such material for any and all commercial or non-commercial purposes, and you confirm that you have all necessary rights and licences to enable us to do so.
You are prohibited from posting or transmitting to or from this Website any material or doing anything in connection with your use of this Website:
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world;
- that is in any way threatening, defamatory, offensive or obscene, indecent, seditious, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, copyright, privacy or any other rights or which may cause annoyance or inconvenience; for which you have not obtained all necessary licences and/or approvals;
- which is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- which involves misusing the Website (including without limitation by hacking) or which attempts to affect the performance or functionality of any computer facilities of or accessed through the Website.
- which involves sending any unsolicited advertising or other promotional material, commonly referred to as "Spam".
- we will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Terms and Conditions.
You shall fully indemnify Imogen Stone and its suppliers, officers, directors, employees, shareholders and agents for any loss or damage suffered as a result of breach of your obligations in this
Links to and from other websites
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control, and are not responsible for these websites or their content or availability. We do not therefore endorse or make any representations about these websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website you do so entirely at your own risk.
If you would like to create a link to this Website, please contact us first at links@imogenstone.com to request permission. Any links to this Website may only be on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of our trading names and logos;
- you do not create a frame or any other browser or border environment around this Website;
- you do not in any way imply that we are endorsing any products or services other than our own;
- you do not misrepresent your relationship with Imogen Stone, nor present any other false information about us;
- you do not otherwise use any trade marks and trading names displayed on this Website, including Imogen Stone, without our express prior written permission;
- you do not link from a website that is not owned by you;
- your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke any right which we grant to link to the Website at any time for breach of any of these Terms and Conditions, and to take any action that we deem appropriate.
You shall fully indemnify Imogen Stone, its suppliers, our officers, directors, employees, shareholders and agents for any loss or damage suffered as a result of breach of your obligations in this.
General
Imogen Stone has taken every care in the preparation of the content of this website, in particular prices and product description. However, owing to variations in computer monitors, and the reproduction process, packaging may vary from that shown, as may the colours of our products and flowers.
Any typographical, clerical or other error or omission in the Website or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
We will make every effort to deliver your order as requested. However we will not be held liable if we fail due to circumstances beyond our control. Any order that you place will only be processed if full payment details are given and accepted. If for any reason we are unable to supply flowers or bouquets as advertised we will notify you, except that we reserve the right to substitute goods or packaging of equal or greater value in the event of such supply difficulties.
Imogen Stone shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained on this website.
We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Imogen Stone Website and/or the Imogen Stone Service from time to time. We will post any changes on the Imogen Stone Website and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Imogen Stone Service or Imogen Stone Website. Changes will be effective immediately after the posting of such change.
Additionally, we reserve the right to suspend, restrict or terminate access to the Imogen Stone Website and/or the Imogen Stone Services for any reason at any time.
These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Imogen Stone Website, 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.
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.
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.
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.
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.
THESE TERMS AND CONDITIONS DO NOT IN ANY WAY AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.