FREE STANDARD DELIVERY ON ORDERS OVER £45
TERMS & CONDITIONS
Our Terms & Conditions give you information about us and the terms on which we sell our products listed on our website to you.
1. This website is owned and operated by Sun & Flower – www.sunandflower.co.uk (Our Site) Our address is Wonston Cottage, Hazelbury Bryan, DT10 2EE. These Terms set forth the terms and conditions under which you may use our website and products as offered by us. By accessing or using this website, you approve that you have read, understood, and agree to be bound by these Terms. These terms and all contracts are in the English language only.
Updated: June 2023
2. In order to use our website, you must possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website if doing so is prohibited in your country or under any law or regulation applicable to you. Use of Our Site is subject to our Website Terms of Use below, Cookie and Privacy Policy which can be viewed here. Please ensure that you have read them carefully and that you understand them.
3. Business Customers
These Terms & Conditions do not apply to customers purchasing Goods in the course of business. If you are a business customer our Wholesale Terms of Sale will be made available to you prior to agreeing a wholesale order.
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4. Terms of Use
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
5. Our Products
The images of the Products on our sites are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our Products are mainly handmade, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 4% tolerance. The packaging of the Products may vary from that shown on images on our sites. All Products shown on our sites are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order in such cases.
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6. Payment
Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until we dispatch your Goods.
We accept the following methods of payment on Our Site:
Pay via PayPal, Debit or Credit Card via Wix payments and Apple Pay.
7. Delivery, Risk and Ownership
All Goods purchased through Our Site will normally be delivered within 5 working days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process.
Delivery charges are not included in the price of goods displayed on our site. Delivery options and related charges will be presented to you as part of the order process in your shopping cart and prior to the checkout process.
The standard delivery prices listed on the website include a 2-7 day delivery service by Royal Mail within the UK mainland. We accept orders and ship to UK addresses only.
If We are unable to deliver the Goods within the delivery timescale, the following will apply:
If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox, Royal Mail will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;
If you do not collect the Goods or rearrange delivery within the time stipulated by Royal Mail, the Goods will be returned to us. We may cancel your order and refund your purchase.
Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address you have provided.
Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
Any refunds due will be made using the same payment method that you used when ordering the Goods.
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8. Returns & Refunds
If you would like to return an order, in the first instance, please get in touch with us within 10 days of order receipt at hello@sunandflower.co.uk and include your name, contact details, order number, product you wish to return and reason for return. Please state whether a replacement or refund is required.
If an item has arrived damaged or defective, please contact us to arrange a return. Once we receive the item we will arrange a full refund including postage costs. If the item has arrived damaged, a photo of the damaged item will help us make a claim from the carrier. Please do not use the product if it has arrived damaged.
If you decide to return an item because you have changed your mind or no longer require it, please let us know within 10 days of order receipt. We will refund the item once received back within 30 days of your given notice. We will refund the price of the goods to you but not the delivery charge.
We cannot refund used goods, or used bars of soap. Please keep each product in its original packaging (unless defective) if you wish to return it. It is your legal obligation to take reasonable care of any goods whilst they are in your possession. Due to the nature of the products we sell it’s very simple to tell if a product has been used. Please respect our policies and we will always do our best to resolve any problem or issue you have with your product.
For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
9. Retention of right to change offering
We may, without prior notice, change the products; stop providing the products or limit the products. We may permanently or temporarily terminate or suspend access to the products without notice and liability for any reason, or for no reason.
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10. Ownership of intellectual property, copyrights and logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Sun & Flower. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
11. Right to suspend or cancel user account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
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12. Our Liability to Consumers
We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
13. Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
We will inform you as soon as is reasonably possible;
We will take all reasonable steps to minimise the delay;
To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
If the event outside of Our control continues for more than 7 days, We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 7 days of the date on which the Contract is cancelled;
If an event outside of Our control occurs 7 days and you wish to cancel the Contract as a result, If you would prefer to contact Us directly to cancel, please use the following details:
Email: hello@sunandflower.co.uik
Address: Wonston Cottage, Hazelbury Bryan, DT10 2EE
Tel: 07775 796764
In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 7 days of the date on which the Contract is cancelled.
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14. Visitor provided material
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Any material that a visitor to this website sends or posts to this website shall be considered non-proprietary and non-confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.
When using this website you shall not post or send to or from this website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 1.7.
15. Links to and from other websites
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Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.
Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this website; and
(c) the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
linking to this website in breach of clause 1.10 you shall indemnify us for any loss or damage suffered to this website as a result of such linking.
Disclaimer
Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date.
All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion.
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16. Indemnification
You agree to indemnify and hold Sun & Flower harmless from any demands, loss, liability, claims or expenses (including legal fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
17. Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Sun & Flower be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Sun & Flower assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
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18. Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
19. Promotional emails and content
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please get in touch and we will remove you from our list or you can unsubscribe from our email newsletters at any time. For details please see our Privacy & Cookies Policy.
20. Communication and Contact Details
If you wish to contact us with general questions or complaints or anything relating to the Goods or your Order, or a cancellation, you may contact Us by telephone at 07775 796764, by email at hello@sunandflower.co.uk or by post at Wonston Cottage, Hazelbury Bryan, DT10 2EE
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21. Complaints and Feedback
We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
All complaints are handled in accordance with Our complaints handling policy and procedure and dealt with within 5 working days. If you wish to complain about any aspect of your dealings with Us, please contact Us in one of ways set out in clause 20.
22. How We Use Your Personal Information (Data Protection)
All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy and Cookie Policy here. Please take the time to read these, as they include important terms which apply to you.
23. Other Important Terms
We may transfer (assign) Our obligations and rights under these Terms & Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms & Conditions will not be affected and Our obligations under these Terms & Conditions will be transferred to the third party who will remain bound by them.
You may not transfer (assign) your obligations and rights under these Terms & Conditions (and under the Contract, as applicable) without Our express written permission.
The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms & Conditions.
If any of the provisions of these Terms & Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms & Conditions. The remainder of these Terms & Conditions shall be valid and enforceable.
No failure or delay by Us in exercising any of Our rights under these Terms & Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms & Conditions means that We will waive any subsequent breach of the same or any other provision.
We may revise these Terms & Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms & Conditions as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 7 days of your cancellation.
24. Law and Jurisdiction
These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales
If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
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