Terms & Privacy
Terms & Conditions
Introduction
The website, found under the URL www.chilternskyflowers.com is operated by Chiltern Sky Flowers and references to “We”, shall be deemed to be references to Chiltern Sky Flowers.
This page, together with our Privacy and Acceptable Use Policy tells you information about us (Chiltern Sky Flowers) and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you. Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.
Other applicable terms
These terms of use refer to the following additional terms, which also apply to your use of our site:
Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of my site. When using our site, you must comply with this Acceptable Use Policy.
You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
By ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
Our website may use cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
Changes to these terms
We reserve the right to change these Terms at any time. Updated versions of the Terms will appear on this Site and are effective immediately. You are responsible for regularly reviewing the Terms. Continued use of this Site after any such changes constitutes your consent to such changes.
Contract for Sale
The advertising of products on this site is an ‘invitation to treat’. You will indicate by completing the appropriate order form on the site the products that you wish to order. At the same time, you will complete an authorisation for us to recover, through your credit or debit card, payments due to us. This means that your order is an offer, not a contract of sale between you and Chiltern Sky Flowers, so prices and stock availability won’t be contractually confirmed until you receive the ‘confirmation of dispatch’ email which is sent out once credit card authorisation has been confirmed and stock levels have been checked. For the avoidance of doubt, the ‘order confirmation’ email that is sent out once you have placed an order is just an acknowledgement of your offer and should not be taken as our acceptance of that offer.
Receipt of Order
Chiltern Sky Flowers must receive payment in full for your order before it can be accepted. All payment for Products and for the cost of delivery where applicable must be made before the Products are dispatched.
Payment online will be made by credit or debit card, Apple Pay or PayPal where this is chosen. We do not accept payment by cheque or other means. In all cases, delivery will not occur until we are satisfied that the payment has been made.
In the rare case that your item is not available, we will inform you on receipt of your order and you may choose an alternative product or you may cancel your order and obtain a full refund.
Chiltern Sky Flowers reserves the right to refuse to supply any person for whatever reason.
Our Products
The images of the Products on our site are for illustrative purposes only. Your Products may vary from those images, this includes variations in colours and types of flowers depending on what is in season.
The packaging of the Products may vary from that shown on images on our site.
All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available.
Price of Products
The prices of the Products will be as quoted on our site. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
The price of a Product does not include delivery charges outside of free delivery zone.
It is always possible that, despite our reasonable efforts some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product 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.
Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
Dispatch, Delivery & Delivery Charges
We deliver free to the following villages: Bledlow, Bledlow Ridge, Bradenham, Chinnor, Crowell, Kingston Blount, Lacey Green, Longwick, Loosley Row, Naphill, Piddington, Princes Risborough, Radnage, Saunderton, West Wycombe.
We will only make deliveries up to 10 miles from Bledlow Ridge, at an agreed cost depending on where you live Please get in touch to organise Delivery costs. Exceptions are Wedding Flowers which have their own separate Terms & Conditions. These Terms & Conditions will be emailed out to you when you agree to pay the booking fee, ‘Save the Date’.
Delivery Costs & Times
Delivery Costs
Please get in touch to organise Delivery costs outside our 5 mile zone. We will only make deliveries up to 10 miles from Bledlow Ridge, at an agreed cost depending on where you live. Exceptions are Wedding Flowers which have their own separate Terms & Conditions. These Terms & Conditions will be emailed out to you when you agree to pay the booking fee, ‘Save the Date’.
Delivery Times from Dispatch
We require 24 hours notice before our flowers are delivered or collected. Delivery and Collection dates are agreed at the time of ordering.
Cancellation
We accept cancellations up to 5 hours before our agreed delivery/collection time. Exceptions are Wedding Flowers which have their own separate Terms & Conditions. These Terms & Conditions will be emailed out to you when you agree to pay the booking fee, ‘Save the Date’.
Errors & Omissions
We may update our site from time to time and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
While every care is taken to ensure that all information on this website is correct, there may still be errors or omissions. If you find an error or omission please let us know via the contact form and we will correct it as soon as possible after verification.
Disclaimer
Chiltern Sky Flowers makes every effort to keep the site up-to-date but cannot guarantee that this site and its contents are completely free of technical errors. By using this site, you acknowledge that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with this site. We are also not liable for any damages associated with use of this site however caused. Chiltern Sky Flowers' total liability for any claim howsoever arising shall not exceed the price of the goods supplied by Chiltern Sky Flowers to the customer, together with any postage costs incurred. Chiltern Sky Flowers shall not be liable for any consequential customer loss whether this arises from a breach of duty in contract or in any other way.
Liability
To the maximum extent permitted by law, Chiltern Sky Flowers makes no representation or warranty of any kind express or implied statutory or otherwise in connection with the Site or our products.
Except to the extent prohibited by law and to the maximum extent permitted by law, Chiltern Sky Flowers will not be liable for any consequential, special or indirect losses suffered or incurred by you arising out of or in connection with the provisions of any matter under these terms and conditions.
The foregoing shall not exclude or limit any liability that may not, by applicable law, be excluded or limited.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site
We will not be liable for any loss or damage you may suffer or incur caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Nothing in these terms and conditions affect your statutory rights as a consumer.
If any provision in these Terms is held by a court to be unenforceable, that will not affect the remaining provisions of the Terms.
Your permission to use our site is personal to you and non-transferable. Your use of our site is conditional on your compliance with the rules of conduct set forth in these terms and our Acceptable Use Policy.
Legal Governance
This website, its contents and any contracts arising out of it are governed by English law. By entering into a contract both parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales. However, if you are a consumer resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a consumer resident of Scotland, you may also bring proceedings in Scotland. If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable for these terms and conditions and shall not affect the validity or enforceability of any remaining provisions.
Copyright & Other Rights
All copyright, trade marks and all other intellectual property rights in the website and its contents (including without limitation the website design, text, graphics, photographs and all software and source codes as well as the colour scheme and the layout connected with the website) are owned by or licensed to us or otherwise used by us as permitted by law. You may not use this site, or any of its content, to further any commercial purpose whatsoever.
The contents of the site and the site as a whole are intended solely for personal, non-commercial use. You may view the website and print its contents for this purpose only. You may not use, transfer, copy or reproduce any part of the website in any form or by any means except for the sole purpose of viewing its content unless you have the express written permission of Chiltern Sky Flowers.
Company Details
This website is owned and operated by Chiltern Sky Flowers. The office is at Chapel Cottage, Chapel Lane, Bledlow Ridge, Buckinghamshire, HP14 4AR UK.
If you wish to give us any notice relating to a matter covered by these Terms, you must confirm that notice in writing at the address listed above.
Privacy Policy & Acceptable Use
The policy: This privacy policy notice is for this website; www.chilternskyflowers.com and served by Chiltern Sky Flowers, Chapel Lane, Bledlow Ridge, Buckinghamshire, HP14 4AR and governs the privacy of those who use it. The purpose of this policy is to explain to you how we control, process, handle and protect your personal information while browsing or using this website, including your rights under current laws and regulations. If you do not agree to the following policy you may wish to cease viewing / using this website.
Policy key definitions:
"We", refers to the business, Chiltern Sky Flowers.
"you", "the user" refer to the person(s) using this website.
GDPR means General Data Protection Act.
PECR means Privacy & Electronic Communications Regulation.
ICO means Information Commissioner's Office.
Cookies mean small files stored on a users computer or device.
Processing of your personal data
Under the GDPR (General Data Protection Regulation) We control and / or process any personal information about you electronically using the following lawful bases.
We are exempt from registration in the ICO Data Protection Register because we are only processing data for our core business purposes.
Lawful basis: Consent
The reason we use this basis: we may from time to time provide you with the opportunity to request more information or to request to receive ongoing marketing communications. This will not be done without your specific consent.
We will process your information in the following ways: we will collect and store your email address for purposes of providing these services.
Data retention period: we will continue to process your information under this basis until you withdraw consent or it is determined your consent no longer exists.
Sharing your information: We do not share your information with third parties.
Lawful basis: Contract
The reason we use this basis: When you purchase from our website, we enter into a contract of sale. For us to fulfil this contract we must utilise your name and address to dispatch your goods and your email address to confirm receipt of your order and to keep you informed about delivery of your items.
I process your information in the following ways: For this purpose your email address, name and postal address are captured and then used by us for completion of our side of the contract.
Data retention period: we shall continue to process your information until the contract between us ends or is terminated under any contract terms.
Sharing your information: we share your name and address with any delivery companies whose services we use to deliver your goods.
If, as determined by us, the lawful basis upon which we process your personal information changes, we will notify you about the change and any new lawful basis to be used if required. We shall stop processing your personal information if the lawful basis used is no longer relevant.
Your individual rights
Under the GDPR your rights are as follows.
the right to be informed;
the right of access;
the right to rectification;
the right to erasure;
the right to restrict processing;
the right to data portability;
the right to object; and
the right not to be subject to automated decision-making including profiling.
You also have the right to complain to the ICO [www.ico.org.uk] if you feel there is a problem with the way we are handling your data.
We handle subject access requests in accordance with the GDPR.
Internet cookies
We use cookies on this website to provide you with a better user experience. We do this by placing a small text file on your device / computer hard drive to track how you use the website, to record or log whether you have seen particular messages that we display, to keep you logged into the website where applicable.
Some cookies are required to enjoy and use the full functionality of this website.
We use a cookie control system which allows you to accept the use of cookies, and control which cookies are saved to your device / computer. Some cookies will be saved for specific time periods, where others may last indefinitely. Your web browser should provide you with the controls to manage and delete cookies from your device, please see your web browser options.
This site is powered by a platform called Squarespace.
Data security and protection
We ensure the security of any personal information we hold by using secure data storage technologies and precise procedures in how we store, access and manage that information. Our methods meet the GDPR compliance requirement.
Transparent Privacy Explanations
We have provided some further explanations about user privacy and the way we use this website to help promote a transparent and honest user privacy methodology.
Email marketing messages & subscription
Under the GDPR we may use the consent lawful basis for anyone subscribing to a newsletter or marketing mailing list. We will only collect certain data about you, as detailed in the "Processing of your personal date" above. Any email marketing messages we send are done so through an EMS, email marketing service provider. An EMS is a third party service provider of software / applications that allows marketers to send out email marketing campaigns to a list of users.
Email marketing messages that we send may contain tracking beacons / tracked clickable links or similar server technologies in order to track subscriber activity within email marketing messages. Where used, such marketing messages may record a range of data such as; times, dates, I.P addresses, opens, clicks, forwards, geographic and demographic data. Such data, within its limitations will show the activity each subscriber made for that email campaign.
Any email marketing messages we send are in accordance with the GDPR and the PECR. We provide you with an easy method to withdraw your consent (unsubscribe) or manage your preferences / the information we hold about you at any time. See any marketing messages for instructions on how to unsubscribe or manage your preferences.
My EMS provider is; Mailchimp. I will hold the following information about you within the EMS system;
Email address
I.P address
Subscription time & date
Resources & further information
Overview of the GDPR - General Data Protection Regulation
Data Protection Act 1998
Privacy and Electronic Communications Regulations 2003
The Guide to the PECR 2003
Mailchimp Privacy Policy
Acceptable Use Policy
This acceptable use policy sets out the terms between you and us under which you may access our website https://www.chilternskyflowers.com (my site). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our website Terms & Conditions.
Accessing our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
We reserve the right to restrict your access to our site or part of it. The access to restricted areas of our site may be subject to registration and other conditions.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
Prohibited uses
You may use our site only for lawful purposes. You agree not to:
use our site in any way that breaches any applicable local, national or international law or regulation;
use our site in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
use our site for the purpose of harming or attempting to harm minors in anyway;
send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below;
transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
use our site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with our site; or express or imply that we endorse any statement you make;
interfere with or disrupt the operation of our site or the servers or networks used to make our site available; or violate any requirements, procedures, policies or regulations of such networks;
modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our site.
remove any copyright, trade mark or other proprietary rights notice from our site or materials originating from our site;
frame or mirror any part of our site without our express prior written consent;
create a database by systematically downloading and storing our site content;
use any manual or automatic device in any way to gather site content or reproduce or circumvent the navigational structure or presentation of our site without our express prior written consent. Notwithstanding the foregoing, I grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from our site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms & Conditions
Not to access without authority, interfere with, damage or disrupt:
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.
Linking to our site
You may only link to our home page or any other page on our website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site on any website that is not owned by you.
Our site must not be framed on any other site.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our site other than that set out above, please contact us.
Third party links and resources on our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
Suspension and termination
We will determine, at our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of our Terms & Conditions upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.