Terms and Conditions

Products:

All products as depicted on this website (which may be varied from time to time) are available almost everywhere in the UK, or as otherwise directed. Certain product ranges are available in selected delivery areas only.

1.1 Some flower and plant products may be harmful or poisonous. If you require further information before submitting an order please contact our Customer Care team using the contact details set out in Section 7 below.

1.2 Certain flower products may be delivered in bud to ensure longer life.

1.3 All products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute with a product of equivalent value and quality without notice.

1.4 In the event that we are unable to supply all or part of your order (the product or any substitute product to you at all), we shall notify you as soon as possible and reimburse your payment in full no later than 30 days after the intended delivery date.

1.5 Flowers are subject to seasonality and certain flowers depicted in our bouquets may not be available at all times. Where substitution needs to be made flowers of equal number and price will be selected.

1.6 Products are delivered next day unless other delivery date or service is selected.

1.7 We guarantee the freshness of your flowers for a minimum 7 days provided the flower stems are cut back and they are put in fresh water with the plant food supplied.

Alcohol:

2.1 Under the Licensing Act of 1964 (UK) and 1976 (Scotland) it is an offence for any person under 18 years to buy, or attempt to buy, alcoholic liquor. It is an offence under Sections 32 and 33 of the Intoxicating Liquor Act 1988 (Ireland) for any person under 18 to buy, or attempt to buy, intoxicating liquor. It is an offence under Licensing (Northern Ireland) Order 1990 for any person under 18 to buy, or attempt to buy, intoxicating liquor.

2.2 Alcoholic gifts are distributed to our customers from our licensed premises.

Prices:

3.1 Prices listed on our website are fixed for a maximum of 14 days of submitting your purchase form.

3.2 Prices include VAT for deliveries within England, mainland Scotland and Wales.

3.3 Except where stated product prices exclude delivery.

Orders/Payment:

4.1 You will be given clear instructions to navigate the order process and will be required to provide us with your complete personal details, including accurate postcode, together with those of the intended recipient and all necessary payment details.

4.2 We accept payment by Paypal and all major credit and/or debit cards, other than Diners, department store cards and any other credit and/or debit cards as specified.

4.3 By clicking on the ‘proceed to Paypal’ button at the end of the order process, you are consenting to be bound by our terms and conditions contained in these Terms and Conditions and appearing anywhere on the website.

4.4 Submitting your order is subject to our acceptance of this offer. We will send an email confirmation of your order details to advise that we are processing your order via the email address you provide. We will not consider ourselves bound by a contract with you until we have issued this email confirmation.

4.5 We cannot accept orders from customers under the age of eighteen (18) years.

Delivery:

5.1 Except where stated, Standard Delivery is next day, and a charge of £6.99 will be applicable within England, Mainland Scotland and Wales, but please note that at certain times of the year these prices can vary. If you request delivery to remote areas which are not normally delivered to by Frosts you will be advised of any additional charges as soon as possible upon receipt of your order.

5.2 Selected products are not available for delivery to certain areas. Where possible we will advise you of these restrictions before you place your order.

5.3 Should you require your delivery to be made within a specific time period we are able to offer the following delivery services. Please note some services are subject to availability and that at certain times of the year these prices can vary. We will advise you of services available at the time of placing your order:

5.3.1 Saturday deliveries can be arranged if an order is place by 3pm on the preceding Friday. A surcharge of £1.00 per consignment applies for Saturday deliveries

5.3.2 Saturday deliveries can be arranged if an order is placed by 3pm on the preceding Friday. A surcharge of £29.50 per consignment applies for Saturday deliveries.

5.4 Orders for products delivered via courier service received before 3pm Monday to Friday can be dispatched the same day for next day delivery almost anywhere in Mainland UK subject to availability. We will process orders received on Public Holidays the next working day.

5.5 To avoid problems or delays with delivery, please ensure that you have included the full address details, including accurate postcode, of the intended recipient. We will require your daytime contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered. You may also wish to leave a telephone number for the recipient and additional delivery instructions in the 'Delivery Instruction' box at 'Confirm Order' stage to further assist with delivery.

5.6 In the case of delivery to certain locations where a third party is involved, such as offices, hospitals, Funeral Directors, airports, hotels, ships and other business locations, the signature of any person authorised to accept delivery on behalf of the organisation shall be accepted as proof of delivery to your chosen recipient.

5.7 Please be aware that the carrier will deliver the goods to the address provided in good faith and we cannot accept responsibility if the intended recipient is no longer at that address and the receiver refuses or fails to return the items(s).

5.8 Please note that where the carrier is unable to find someone to accept delivery, or unable to leave the delivery in a secure location, they will leave a card at the address for the recipient to make contact and re-arrange delivery. If the recipient fails to make contact in good time we reserve the right to charge for re-delivery to that or an alternative address.

5.9 In respect of orders outside the UK mainland. We cannot deliver to the Channel Islands, Northern Ireland and Isle of Man.

5.10 Before placing your order, please review delivery cut-off times & prices.

Cancellation/Amendments:

6.1 If, for any reason, you wish to change or cancel your order you can do so by calling 0800 954 8494 or email: info@frostsnaturally.com

6.2 We regret that you may not cancel an order for perishable products once your order has been dispatched.

6.3 You are entitled to cancel any payment at any time where fraudulent use has been made of your credit or debit card by another person not acting on behalf of you or as your agent.

Customer Care Team:

7.1 In the event that you are not satisfied with the service any complaints should be addressed in the first instance to:

• By email: info@frostsnaturally.com
• By telephone: 0800 954 8494
• By post: Customer Care Team, Frosts Naturally, Wain Close, Newport Road, Woburn Sands, Milton Keynes, MK17 8UZ

7.2 Our Customer Service team are available from 9am until 5.30pm Monday to Friday.

7.3 Because of the perishable nature of most products and in order to assist us in resolving any complaints quickly and to our mutual satisfaction, we advise you to make any complaint within one working day of the date of delivery or intended delivery of your purchase.

Disclaimer:

8.1 Whilst we agree to use all reasonable endeavours to ensure that the Frosts naturally website and/or the online shopping service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the Website and/or the online service, 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 website and/or the online shopping service impossible or impractical.

8.2 Subject to clauses 1.4 above, we shall not be liable for any delay or inability to perform our obligations to you if such delay is due to any cause whatsoever beyond our reasonable control.

General:

9.1 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Frosts naturally  Website and/or the online shopping service from time to time. We will post any changes on the website and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the website.

9.2 Additionally, we reserve the right to suspend, restrict or terminate access to the Frosts naturally website for any reason at any time.

9.3 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Frosts naturally 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.

9.4 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.

9.5 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.

9.6 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.

9.7 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.

Intellectual Property:

10.1 All other rights, including copyright, in this website are owned by Frosts Group. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use,  is prohibited without the permission of Frosts Landscapes. You may not modify, distribute or repost something on this website for any purpose.

Your Account service - terms and conditions:

1. The Frosts Naturally Your Account service is provided as a complementary feature by Frosts for your personal use subject to these Terms and Conditions. In order to provide the Service, we will hold certain personal information. Except to the extent that we are required or permitted by law, any personal information which we collect will be used solely for the purposes of providing the Service.

2. When you register with the Service you will be required to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us immediately. Should you forget your password, please use the ‘forgotten password?’  Account password reminder service.

3. If Frosts Naturally has reason to believe that there is likely to be a breach of security or misuse of the Service or site, we may require you to change your password, or may suspend use of the Service.

4. You must ensure that the details you provide on registration or at any time are correct and complete.

5. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. You can update the details you have given us at any time by going to the 'Update your profile' section of the Your Account area of the website OR emailing info@frostsnaturally.com. This will ensure that the Service we provide is accurate and up to date. Please also visit this page OR email us if any of the information that we hold about you is incorrect or needs updating, or if you want us to delete any personal information.

6. Use of the Service is intended to assist with purchases to be made via the site. The Service must not be used for the following purposes:

• Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
• Gaining unauthorised access to other computer systems.
• Interfering with any other person's use or enjoyment of the Site.

7.  Frosts Naturally reserve the right to refuse to post material on the Site, or to remove material already posted on the Site.

8. Whilst we take every reasonable precaution and care in relation to the Service, we do not make any representation or warranties of any kind (express or implied) with respect to the contents or operation of this Service, and any such representations and warranties are excluded by this notice. We do not warrant that use of the Service will be uninterrupted or error free. Whilst every effort is made to ensure reminder emails set up on your account are processed and delivered as requested, we cannot be held responsible for non-delivery of these messages. Your use of the Service is done so entirely at your own risk and we do not accept any liability whatsoever for losses or damages that you may suffer as a result of your use of the Service.

9. Your access to the Site and Service may be occasionally restricted to allow for routine maintenance.

10. These Terms and Conditions operate in conjunction with general Terms & Conditions of the Site governing overall use and order placement. We are committed to protecting your privacy. Further information is contained within our Privacy Policy.

11. If you have any queries please contact us using the contact details below:

• By email: info@frostsnaturally.com
• By telephone: 0800 954 9484
• By fax: 0845 299 1893
• By post: Customer Care Team, Frosts Naturally, Wain Close, Newport Road. Woburn Sands MK17 8UZ

12. We have obligations in relation to your personal information under the Data Protection Act 1998. Some of the information you provide may be "sensitive" information under the Act. By registering for the Service and providing your details, you agree to us using information in the way set out above. Where you provide information about other people (for example their date of birth, or their address) you also confirm that have the consent of these people to provide us with that information.