SILK DELIVERY TERMS & CONDITIONS
These terms and conditions (‘the Terms’) govern the users (‘you’ or ‘your’) use of the website www.nellieandthepeaarts.co.uk (‘the Website’) and your relationship with Silk Occasions.
(‘we’, ‘our’, or ‘us’). Please read the terms carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us.
By using the Website you agree to be bound by these Terms.
In placing an order for any of the items on our website you are agreeing to the terms and conditions listed below. Please read these terms carefully and print and keep a copy of them for your reference. If you have any queries regarding any of our terms and conditions, please email or call us before placing your order.
Calls may be monitored and recorded for training purposes. The information and conditions shown on our websites do not affect your statutory rights.
When you place an order online with us you are making an offer to buy our goods. If we have your email address, we will send you an email to confirm that we have received your order request. Once we have verified the price and availability of the goods we will email you again to confirm that your goods have been despatched to you which signifies that a contract has been made between us. Every effort is made to ensure that our estimated delivery times are met; however occasional delays in delivery due to unforeseen factors are inevitable.
Silk Occasions shall not be held liable for any delay or failure to deliver goods within our estimated delivery times. In the unlikely event that the goods are no longer available, we may supply you with substitute goods. If you decide not to accept the substitute goods, you will not have to pay to return them to us. As standard the order charge will include a non-refundable charge for postage & packing.
2. Price Policy
Every item is described as accurately as possible and represents excellent value for money. All product prices are shown in pounds sterling and are inclusive of VAT and exclusive of postage and packing charges, unless otherwise specified. All product prices advertised on this website are correct at the time of order only and relate to internet purchases only.
In the case of a mistake where a pricing error is discovered or for reasons beyond our reasonable control, e.g. alterations to the rate of value added tax. If the correct price is higher than the price displayed on the website, you may return the goods within our 14-day approval, in new condition.
Silk Occasions reserves the right to change prices at any time. We reserve the right to adjust the VAT element if this changes from 20% (as advised by HMRC).
2b. Price Policy on Clearance/Sale Prices
We always strive to bring our customers the best possible offers and deals whilst looking to operate fair commercial practices without misleading our customers.
Promotions are subject to availability and are not an indication of availability. Offers may be changed or withdrawn without notice by Silk Occasions at any time. We reserve the right to cancel a promotion or reject redemption of a promotional code.
3. Payment Policy
All orders must be paid for in £ sterling. Silk Occasion accept payment via the following credit and debit cards: Visa, Mastercard and American Express, subject to verification and in addition: PayPal for online ordering . We will take all reasonable steps to ensure all the information provided by you during payment is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, we will not be liable for any loss that you may incur in the unlikely event that a third party gains unauthorised access to any information you provide to us. Where you have paid by credit or debit card, the card will be charged at the time your payment is approved by us. If you have paid for Products which we cannot supply, we will refund you as soon as possible. Please note that for security reasons, we are obliged to cash all cheques on receipt of order. The order total value includes VAT at the applicable rate including standard delivery. The price excludes the cost of Special Delivery of the Products. Details regarding our delivery options, including Special Delivery, are available on the Delivery section.
We despatch all items as soon as they are available, so parcels may arrive separately. In stock items are delivered on average within 3-5 days – although we ask you to allow up to 10 days. Regrettably, at the present time, we are unable to ship orders outside UK mainland unless with prior discussion and negotiation. If you purchase from our site your order is placed subject to the terms and conditions. If we have your email address, we will email you to keep you informed every step of the way with order confirmation, despatch, tracking and delivery details.
4a. Next-Day Express Delivery Service
If you need your flowers urgently they can be delivered using our Next-Day express delivery service for £12. The order deadline for our Next-Day Express Delivery is 2pm, Monday to Thursday (an order received after 2 p.m on a Friday will be delivered on the following Monday. This service is available to UK Mainland only and not the outer islands. All delivery costs are non-refundable.
5a. How to Return an Item
Making a return is easy. All we ask is that you follow the procedure below so that we can process your return as quickly as possible.
N.B. if any items are received damaged or faulty, please contact us within 5 days of receipt and we will be happy to assist you.
1. You may return any item within 30 days of receipt for a full refund, replacement or exchange.
2. Please complete the Goods Returned form explaining the reason for your return. Click here to access printable form
3. Enclose the form in the parcel.
4. Goods should be returned unused and in their original packaging.
5. Take to the post office and affix stamp, or courier, please retain proof of postage
5b. Our Returns Policy
If you’re not happy with your purchase, please return within 30 days unused and in its original packaging for an exchange or refund.
We do not accept returns on Bespoke items which are made for you;
- We will credit the full amount to the original purchaser’s payment card excluding any shipping costs.
- We only pay the cost of returns in exceptional circumstances.
- Card refunds can take up to 10 working days to be processed by your Bank. This varies between card issuers and unfortunately, we are unable to influence this.
- Returned parcels remain the customer’s responsibility until safely received by us. We recommend you obtain proof a certificate of posting. Parcel insurance is recommended when returning goods valued over £30.
- Replacements or refunds for exchange of damaged or wrongly selected goods will not be processed until the original items has been received back in our warehouse.
- If goods which form part of a ‘bundle offer’ are returned for a refund, then the remaining items will revert to their normal price. You will be refunded accordingly.
- The company reserves the right to refuse a refund if the condition of the goods reflects normal wear and tear or damage through inappropriate treatment.
- All refunds and replacements will be processed on receipt of the returned items.
When you order with us online, by post or on the phone, you are covered by the Consumer Contracts Regulations 2013. This means that you have the right to cancel your order within 14 days of receipt of your goods and to receive a full refund, apart from flat pack items which you have partially or fully assembled, and bespoke or personalised products made to your specification.
- You are entitled to cancel your order if you so wish, provided this is done no later than 14 days after the day on which you receive the goods.
- To exercise your cancellation rights you must inform us in writing to Customer Services (address details below). Please include details of the order (order number and description of goods), your full name, customer number, postal address, phone number and, if applicable, email address.
- Please note that your cancellation rights do not apply to bespoke or personalised goods which have been made according to your specifications, This does not affect your statutory rights.
- You are obliged to take reasonable care of the goods, ensuring the goods remain unused and in their original packaging. When we receive the goods from your cancelled order we will reimburse you within 14 days via the payment method used for the original transaction and to the amount in relation to goods to which cancellation rights apply.
- As well as the value of your goods, we will reimburse the standard delivery charge associated with the original order. Express or any supplementary delivery charges will not be refunded. A deduction from the reimbursement may be made for any goods returned in an unsatisfactory condition as a result of unnecessary handling.
- If you cancel within the statutory period you may claim a refund of any sum you have paid for the goods, less any charges we incur if you do not return them at your own cost. If an item has already reached our despatch channels and it is too late to cancel, we ask that you return the item(s) to us. If goods on which a discount/offer was originally received are returned, that discount/offer may no longer apply if you fall below the discount/offer threshold.
- If you have any questions please call us or write to:
Customer Services, Silk Occasions, 9 Ramsey Road, Ramsey Forty Foot, Huntingdon, Cambridgeshire PE262XN. 07771362453
7. Product Specifications
All items are subject to availability and all dimensions are approximate.
8. Stock Availability
Any orders placed through the website are considered subject to there being stock available. Although we do our very best to predict demand for the items featured in our collection, unfortunately we are not able to ensure permanent availability for every item. All orders are subject to availability. Receipt of an order via our website and emailed confirmation to our customer of receipt of an order do not constitute acceptance or guarantee fulfilment of an order. If an item is flagged as ‘Low Stock’ it can still be added to your shopping bag and we will notify you should we not be able to fulfil your order.
The item will then be despatched to you as soon as supplies reach our warehouse. If you are paying by credit or debit card, please note that your card will be charged upon ordering.
9. Copyright & Trademarks
The content contained within the pages of this site (including pictures, photographs, images, logos, written text and other materials) is the copyright trademark or registered trademark of Silk Occasions, their partners, or their content and technology providers. All rights reserved. Permission is granted to our customers to copy, print or download extracts of material on this site, providing that this is for the purpose of placing an order with us or other non-commercial, personal use. Any other use of materials on this site, including modification, distribution or reproduction, without prior written consent from Silk Occasions, their partners and or technical providers is strictly prohibited.
10. Order Acceptance
We may not be able to accept your order, or part of your order, due to one of the following reasons:
- Authorisation of your payment failed
- We made a pricing or product description error
We reserve the right to:
- update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and
- modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents
You warrant that:
- the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and
- you are not impersonating any other person or entity
- The products purchased on this site are for private and domestic use only and are not for re sale. You will notify us immediately of any changes to the personal information by contacting our customer service representatives here
14. Protecting Your Security
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.
By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
You agree to fully indemnify, defend and hold us, our employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
16. Third Party Links
As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
The products sold on the Website are not for re-sale or distribution. You are limited to a purchase of 5 items of any one product. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
18. Eligibility to Purchase
To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under English law you must:
- if an individual, be 18 years of age or over; and
- register your real name, address, phone number, e-mail address any other details requested.
By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
19. Intellectual Property
The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
20. Limitation of Liability
Notwithstanding any other provision in the Terms, nothing in these Terms:
- affect or limit your rights as a consumer under English law; or
- will exclude or limit our liability for death or personal injury resulting from our negligence.
The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
- incompatibility of the Website with any of your equipment, software or telecommunications links;
- technical problems including errors or interruptions of the Website;
- unsuitability, unreliability or inaccuracy of the Website; and
- failure of the Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
23. Entire Agreement
These Terms form the entire basis of any agreement reached between you and us.
24. Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.