Terms & Conditions

Please read these terms of service carefully before using this website is operated by Magic Flowers and Gifts. Throughout the site the terms “we”, “our” and “us” refers to Magic Flowers and Gifts

Conditions of Use

We will provide services to you, which are subject to the conditions stated below in this document. Every time you visit this website, use its services or make a purchase, you accept the following conditions. This is why we urge you to read them carefully.

Privacy Policy

Before you continue using our website we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.

Copyright

Content published on this website (digital downloads, images, texts, graphics, logos) is the property of Magic Flowers and Gifts and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this website is the exclusive property of Magic Flowers and Gifts, with copyright authorship for this compilation by Magic Flowers and Gifts.

Communications

The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

Applicable Law

By visiting this website, you agree that the laws of the UK, without regard to principles of conflict laws, will govern these terms of service, or any dispute of any sort that might come between Magic Flowers and Gifts and you, or its business partners and associates.

Disputes

Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by state or federal court UK and you consent to exclusive jurisdiction and venue of such courts.

Comments, Reviews, and Emails

Visitors may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaign, and commercial solicitation.

We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant Magic Flowers and Gifts non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.

License and Site Access

We grant you a limited license to access and make personal use of this website. You are not allowed to download or modify it. This may be done only with written consent from us.

Acceptance of your order

Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you. [At any point up until then, we may decline to supply the Goods to you without giving any reason].

OR

Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order.

AND

At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.

OR

Your order is an offer to buy from us. We shall accept your order by [e-mail confirmation].That is when our contract is made. [Our message will also confirm details of your purchase and tell you when we shall despatch your order].

    1. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:

    2. accept the alternatives we offer;

    3. cancel all or part of your order.

Price and payment

The price payable for the Goods that you order is clearly set out on Our Website.

OR

    1. The Price is as set out in the order.

    2. It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.

    3. Prices include value added tax (“VAT”). If you show by your delivery address that you reside outside the United Kingdom, VAT will be deducted at the payment point.

OR

    1. Prices include value added tax (“VAT”). If you show by your delivery address that you reside outside the United Kingdom, we will refund to you the amount charged as VAT.

    2. [If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.]

    3. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.

    4. [Any information given by us in relation to exchange rates are approximate only and may vary from time to time.]

    5. If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you.

    6. The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.

    7. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than [14] days from the date when we accept that repayment is due.

Security of your credit card

We take care to make Our Website safe for you to use.

    1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

    2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

    1. your failure to comply with the law of any country;

    2. your breach of this agreement;

    3. any act, neglect or default by any agent, employee, licensee or customer of yours;

    4. a contractual claim arising from your use of the Goods;

    5. a breach of the intellectual property rights of any person.

Miscellaneous matters

  1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

  2. Where we provide goods or [services] without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.

  3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

  4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

  5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

  6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. [Take care before agreeing to accept service by e-mail. It may be convenient, but the parties could miss or accidentally delete the message].

    1. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwise.

    2. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, [including any labour dispute between a party and its employees].

    3. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

    4. The validity, construction and performance of this agreement shall be governed by the laws of [England and Wales / Scotland / Northern Ireland] and you agree that any dispute arising from it shall be litigated only in that country.

Please contact us at hello@magicflowersandgifts.com for any questions on this document.