This page tells you the terms and conditions on which we supply any of the products listed on our website (together the Products, each a Product) (Our Website) to you. Please read these terms and conditions carefully before ordering any Products from Our Website. You should understand that by ordering any of the Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
1. ABOUT US
1.1 We are Daisy Devotion and we operate the website www.daisydevotion.co.uk.
1.2 You can contact Daisy Devotion by:
Telephone: 07385 910335
2. OUR CONTRACT WITH YOU
2.1 These terms and conditions (Terms) apply to the order by you and supply of Products by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
2.2 The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
3. PLACING AN ORDER AND ITS ACCEPTANCE
3.1 Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the Products specified in the order subject to these Terms.
3.2 Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you are complete and accurate.
3.3 After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.
3.4 We will confirm our acceptance to you by sending you an email that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between you and us will only be formed when we send you the Dispatch Confirmation. However, for certain products, your order is accepted when we begin to prepare your order, preparing elements such as personalised made to order products for:
3.4.1 Personalised Products or;
3.5 If we are unable to supply you with some or all of the Products for any reason, we will inform you of this and we will either:
3.5.1 not process your order and If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible, or;
3.5.2 prepare and despatch the available products and refund you the amount for the full amount of the products that we are not able to supply as soon as possible.
3.6 We may need certain information from you so that we can supply our Products to you. If so, this will have been stated in the description of the Products on Our Website. If you do not give us this information when you place your order, or if you give us incomplete or incorrect information, we will not be responsible, and we may not be able to change or cancel your order once it has been placed.
4. OUR PRODUCTS
4.1 The images of the Products on Our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflect the colour of the Products. The colour of your Products may vary slightly from those images. Although we have made every effort to be as accurate as possible, because some of our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on Our Website have a 5% tolerance.
4.2 The packaging of your Products may vary from that shown on images on Our Website.
4.3 We reserve the right to amend the specification of the Products if required by any applicable statutory or regulatory requirement.
4.4 We have set out in these Terms when your rights may vary in relation to Products which are:
4.4.1 Likely to expire rapidly, this includes our inflated balloons or
4.4.2 Made to your specification, personalised or bespoke, this includes our personalised ornaments (Personalised Products).
4.5 If we are making any of our Products to specifications you have given us, you are responsible for ensuring that these specifications are correct.
4.6 Some of our individual Products can be purchased together by selecting a quantity of more than one, or by selecting a ready-made bundle of more than one Product; for example, our “Balloon Bouquets” or “Balloon & Ornament Packages” (Cluster Products). For the purposes of these Terms, each of the Products contained in our Cluster Products is considered a separate Product.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to any Products you have ordered, please contact us straight away by email. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Products, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may be entitled to a refund (see Clause 7 for your rights to end the Contract).
6. OUR RIGHTS TO MAKE CHANGES
6.1 We may change the Products:
6.1.1 to reflect changes in relevant laws and regulatory requirements, such as changes to ensure safety; and
6.1.2 to implement minor technical adjustments and improvements, for example to improve functionality. These changes will not affect your use of the Products.
6.1.3 In addition, we may make changes to these Terms or the Products, but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any Products paid for but not received.
7. RETURN AND REFUND
7.1 Your rights to cancel the Contract will depend on the Products you have bought, whether there is anything wrong with them and when you decide to cancel.
7.2 You may cancel the Contract and receive a refund, if you notify us as set out in clause 7.4 at any time prior to delivery or within 14 days of delivery.
7.3 However, this cancellation right does not apply in the case of:
7.3.1 Personalised Products;
7.3.2 Perishable Products (inflated balloons)
7.3.3 any Products which become mixed inseparably with other items after their delivery.
7.4 To cancel the Contract, you must contact Daisy Devotion by email. Please include details of your order to help us to identify it. If you send us your cancellation notice by email, then your cancellation is effective from the date you send us the email.
7.5 Personalised Products and Perishable Products are exempt from the cancellation rights in clause 7.2 because we would not be able to resell them if you cancelled. However, if you contact us to cancel the Contract for any of our Personalised Products or Perishable Products, we may, in our absolute discretion, offer:
7.5.1 a refund for the price of the Products if they have not been made; and/or
7.5.2 a refund for the cost of delivery if the Products have not been despatched.
Nothing in this clause 7.5 affects your legal right to reject goods if there is a problem with them (see clause 8), or your rights if we deliver goods late (see clause 9.5).
7.6 If you wish to exercise your legal right to reject Perishable Products, you must contact Daisy Devotion by email within 24 hours of delivery and provide photographic evidence of the fault by email to us, following the instructions in our Damages policy and Refunds & Returns policy. If we agree that the Products are faulty or misdescribed, you will be entitled to a refund of the price you paid for the Products, including any applicable delivery costs.
For Non-perishable Products that have been dispatched to you before you decide to cancel the Contract then you must return them to us (unused and in their original packaging) without undue delay and in any event not later than 14 days after the
Products were delivered to you. Please see our Returns and Refunds page.
7.7 If you have returned the Products to us under this clause 7 because they are faulty or misdescribed, we will refund the price of the Products including the cost of delivery once we have received them. (See clause 8).
7.8 In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
7.9 We will refund you the price you paid for the Products, excluding any applicable delivery costs, via the method you used for payment. We aim to issue a refund within 5 working days of our receipt of the Products.
7.10 Please note your rights to cancellation or refund under these Terms apply separately to each of our Products contained in our Cluster Products and any refund will be applied on a pro rata basis for such Products.
8. IF THERE IS A PROBLEM WITH THE PRODUCT
8.1 If you have any questions or complaints about the Product, please contact us as soon as possible. For personalised, perishable and made to order products we require notice of these problems within 24 hours of delivery (see clause 7.6).
8.2 We are under a legal duty to supply Products that are in conformity with this contract. See the below for a summary of your key legal rights in relation to the Products. Nothing in these terms will affect your legal rights.
8.3 If you wish to exercise your legal rights to reject Products you must return them to us if we ask you to do so.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
(a) up to 14 days: if your goods are faulty, then you can get an immediate refund. However, this 14 day period does not apply for perishable goods (see clause 7.6).
(b) up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
(c) up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
9. DELIVERY, TRANSFER OF RISK AND TITLE
9.1 Our delivery information page provides information about estimated delivery dates, which will apply following the date of Dispatch Confirmation.
9.2 If our supply of the Products is delayed by an event outside our control, we keep our customers updated of possible delays on our Delivery Information page on our website. We may also contact you by email to advise you of these and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Products you have paid for but not received.
9.3 It is your responsibility to choose the correct delivery option depending on your requirements. Please take into consideration the nature of the Products you are ordering and the date of your event.
9.4 If you are using our non-guaranteed delivery services, any dates quoted for delivery are approximate only. We will not offer a refund for late delivery of any Products if delivery has been attempted to your chosen address within 7 days after the estimated delivery date, we will not offer a refund for early delivery of any products via our non-guaranteed delivery services.
9.5 Only orders made with a guaranteed delivery service will ensure your Products arrive on your chosen date. If you have chosen a guaranteed delivery service and delivery of the Products has not been attempted by that date, you can cancel your order or reject the Products that have been delivered late. If you wish, you can reject or cancel the order for some of those Products (not all of them), unless splitting them up would significantly reduce their value.
9.6 If you wish to exercise your right to cancel under clause 9.5, you must notify us within 3 working days of the guaranteed delivery date (certain products such as perishable, made to order and personalised products cannot be returned unless they are faulty, for such products a credit can only be issued for the delivery charges incurred as a result of any late delivery). If the Products have been delivered to you, you must return them to us if we ask you to or possibly allow us to collect them from you. We will pay the cost of return.
9.7 If you have asked to collect the products, we may agree to collection and you can collect them from us at an agreed time on weekdays (excluding public holidays).
9.8 Delivery is complete once the Products have been delivered to the address set out in your order, or you collect the Products from us, and the Products will be your responsibility from that time.
9.9 You own the Products once we have received payment in full, including all applicable delivery charges.
9.10 If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, the delivery company may:
9.11 leave the Products with a neighbour or in a safe place; or
9.12 leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
9.13 If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and refund you the price of the Products less any reasonable costs. However, if we are unable to deliver any Personalised Products or Perishable Products you will not be entitled to a refund because we would not be able to resell them.
9.14 It is your responsibility to ensure that the delivery address provided is complete, correct, valid and fully recognisable to our delivery service providers. We do not accept liability for an incorrect or incomplete address. A refund will not be provided if Products are not delivered (on time, or at all) because of an incomplete or incorrect address.
9.15 Any proof of delivery, or attempted delivery, provided to us by Royal Mail or any other delivery service provider is final. Any claims to the contrary should be taken up with the relevant delivery service provider by the consumer.
10. PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 The prices of the Products will be as quoted on Our Website at the time you submit your order. We use our best efforts to ensure that the prices of the Products are correct at the time when the relevant information was entered onto the system. However, please see clause 11.5 for what happens if we discover an error in the price of the Products you ordered.
10.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of Products includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.4 The price of the Products does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Information page.
10.5 We sell a large number of Products through Our Website. It is always possible that, despite our best efforts, some of the Products on Our Website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
10.5.1 where the Products' correct price is less than the price stated on Our Website, we will charge the lower amount when dispatching the Products to you; and
10.5.2 if the Products' correct price is higher than the price stated on Our Website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you.
11. HOW TO PAY
11.1 You can pay for Products using most major credit and debit cards and also by PayPal.
11.2 Payment for the Products and all applicable delivery charges is in advance.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. DATA PROTECTION AND CUSTOMER MAILINGS & EMAIL
14.2 The information you provide will be used by us primarily to provide the Products to you. This will include updating and enhancing customer records, analysis to help us manage our business, statutory returns and legal and regulatory compliance.
14.3 Your information will be kept confidential and secure. Our use of this information is subject to your instructions and the General Data Protection Regulation (under which we are a Data Controller).
14.4 Occasionally we would like to send you information about additional goods and services we offer. If you do not wish to receive such information, then please telephone our customer service team, or write to us or email us and we will adjust our records.
14.5 Along with many other mail order companies we occasionally make our customer lists (name and address only) available to other carefully selected companies so that they can mail you with information on products or services that may be of interest to you. We will only do this with your explicit consent.
15.1 Assignment and transfer.
15.1.1 We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you by posting on this webpage if this happens.
15.1.2 You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
15.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
15.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
15.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
15.6 Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.