Terms & Conditions

Company details.

Polly’s Petals Ltd (company number 11641199) (we and us), is a limited company registered in England and Wales and our registered office and main trading address is at 4 South Way, Southwell Business Park, Portland, Dorset, DT5 2NL

Contacting us.
To contact us telephone our customer service team on +44 (0)1305 824 121 or email sales@pollyspetals.co.uk.

These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.Language.

These Terms and the Contract are made only in the English language.

Delivery
Delivery to United Kingdom Addresses

If you order a number of items for delivery to the same address, they may be despatched separately and we cannot guarantee delivery on the same day unless a specific day delivery is selected. We make every effort to despatch items on time. If the items are not delivered within the time period we specify in the Confirmation Email, please contact our Customer Services team quoting the order reference contained in your Order Confirmation Email.

If delivery at that address is not possible a card will be left saying that delivery was attempted and stating where the items will be held and the options available for delivery to be re-attempted or collection. If the delivery subsequently still fails or the delivery is refused by the recipient (e.g. an unwanted gift) then the goods will be returned to us. Refunds will not be available in these circumstances.

Delivery times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure (e.g. weather) for which we will not be responsible. Any new delivery charges incurred due to such errors will be passed on to the sender.

Delivery Outside the United Kingdom

These are made within six working days, subject to customs inspections and delays. Please note that if you order a number of items for delivery to the same address, they may be despatched separately and we cannot guarantee delivery on the same day unless specific day delivery is selected. However we are unable to guarantee delivery will be made by the one courier visit.

The products specified on this website are suitable and approved for use for customers within the United Kingdom. Customers who choose to purchase items for usage and distribution to locations outside the United Kingdom do so at their own risk and have a personal responsibility regarding compliance with local laws. Due to the potential transit time, it is not possible to order perishable items.

Customs Duties

Items for delivery outside the European Union may be subject to import duties, taxes and fees. These are levied once the items reach the specified destination. You, the customer, are responsible for import duties, taxes and fees incurred on your purchases. However, for orders placed on our website, you will be charged the delivered price. Customs authorities may request personal information such as Social Security number when inspecting your parcel; failure to provide this information to Customs will result in the parcel being returned, we therefore recommend that the recipient’s telephone details be included with the order. In this instance we are unable to refund the cost of postage and packaging. Please note that for items you order, you are considered the importer and must comply with all laws and regulations of the country in which the items are to be delivered. Please note that cross-border deliveries are subject to opening and inspection by customs authorities. Polly’s Petals Ltd cannot guarantee that your goods will arrive in the same condition that they were dispatched should they be subject to inspection.

Limitation of Liability

Save to the extent that we are responsible for foreseeable loss and damage caused by us, to the maximum extent permitted by law, Polly’s Petals accepts no liability and shall not be responsible for any loss or damage, whether foreseeable or otherwise, including direct, indirect, consequential, special or exemplary damages however they may arise.

Events Beyond Our Reasonable Control

We will not be responsible to you for any delay or failure to comply with our obligations under these General Terms & Conditions if the delay or failure arises from any cause beyond our reasonable control, unless you have expressly provided us with a date by which a delivery must be made.

Correcting input errors.

Our order process allows you to check and amend any errors before submitting your order to us. Please check the product specification(s) for the Goods, and your order, carefully before confirming your order. You are responsible for ensuring that the Goods are suitable for your purposes, and that your order is complete and accurate in all respects.

 

If we cannot accept your order.

If we are unable to supply you with the Goods for any reason (for example, because the Goods are out of stock or otherwise unavailable), we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.

We only sell the Goods for your own lawful use, or for resale by you for lawful use by others.

You warrant that:

  1. the Goods will not be put to any unlawful use, or otherwise used in breach of any health or safety guidance or warning supplied in relation to the Goods; and you will not supply the Goods to any third party for unlawful use or purposes.
  2. You indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach of the warranty contained.
  3. Any images of the Goods on our site 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 Goods. The colour of your Goods may vary slightly from those images.
  1. The packaging and labelling of your Goods may vary from that shown on images on our site.
  2. We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement. You are solely responsible for checking the specification each time you place an order.
  3. We will deliver the Goods to you as soon as reasonably possible, which will be within 30 days after the day on which we accept your order and receive payment by by BACS. Occasionally our delivery to you may be affected by an Event Outside Our Control.
  4. Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order (or collected by a carrier organised by you to collect them from us if we have agreed this with you in advance), and the Goods will be at your risk from that time.
  5. We may deliver up to 5% more or less in weight than the quantity of Goods you ordered without any adjustment in the price of the Goods and the quantity so delivered shall be deemed to be the quantity ordered. You acknowledge that this is reasonable due to the nature of the Goods.
  6. If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
  7. If you fail to take delivery within 7 days after the day on which we notified you that the Goods were ready for delivery, we may resell part of, or all the Goods and after deducting any reasonable storage and selling costs, account to you for any excess over the price of the Goods or charge you for any shortfall below the price of the Goods.
  8. We deliver to some, but not all, countries outside the UK (International Delivery Destinations), so if your business is outside the UK and you are unable to find your delivery destination at the checkout, please contact us on sales@pollyspetals.co.uk for further information, and to check whether we can deliver to you, before ordering any products from us (International Delivery Destinations). However, there are restrictions on some Goods for certain International Delivery Destinations, so please ask us for information.
  9. If you order Goods from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
  10. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
  11. You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
  12. The prices of the Goods will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system.
  13. Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
  14. The price of Goods unless otherwise stated excludes 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 Goods in full before the change in VAT takes effect.
  15. The price of the Goods does not include delivery charges. Our delivery charges will be calculated when processing your invoice and dispatched to you within 3 working days of payment received.
  16. We sell a large number of Goods through our site. It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
    1. where the Goods’ correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Goods to you; and
    2. if the Goods’ correct price is higher than the price stated on our site, 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 Goods 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 in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.
    3. You can only pay for Goods by BACS
  17. Where we have agreed credit terms with you in writing:
    1. orders will only be accepted subject to you having fully and accurately completed our credit application form, and to your credit status being to our satisfaction, and we reserve the right to terminate the credit arrangement and require payment in advance for the Goods in the event of your credit status ceasing to be satisfactory to us or if we find out that your credit application form was incomplete or inaccurate;
    2. all payments will be made to us in full (including VAT and all applicable delivery charges) and in cleared funds within 30 days from the date of our invoice for the Goods, and time for payment shall be of the essence;
    3. we will not accept your Order if it would cause your credit limit with us to be exceeded;
    4. if you fail to make any payment due to us under this agreement by the due date for payment, then you shall pay interest on the overdue amount at the rate of 3% per annum above Barclays Bank plc’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.
  18. You shall pay all amounts due under this agreement in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). We may at any time, without limiting any other rights or remedies we may have, set off any amount owing to us by you against any amount payable by us to you.
  19. Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
    1. you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within seven days of you being notified in writing to do so;
    2. you fail to pay any amount due under the Contract on the due date for payment;
    3. you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
    4. you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
    5. your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
  20. Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
  21. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
  22. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
  23. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
    1. we will contact you as soon as reasonably possible to notify you; and
    2. our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
  24. You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 90 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.

 

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