Your Breathing Space…
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Legal Information
These terms and conditions (the "Terms and Conditions") are the terms and conditions upon which Fosters Breathing Space ("we/us") makes this website (the "Breathing Space site ") available to you, and any of our services which are accessible on or via the Breathing Space Site.
These Terms and Conditions govern your use of the Breathing Space site and our services.
1. Breathing Space products
1.1 Al Breathing Space products as depicted on this website (as may be varied from time to time) are available almost everywhere in England – or as otherwise directed.
1.2 Certain Breathing Space products may be delivered by us in bud to ensure longer life.
1.3 Some Breathing Space products, Flowers and Plants may be harmful or poisonous, if you require further information before submitting an order please contact our customer service team using the contact details set out in Section 6 below.
1.4 All Breathing Space products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute a Breathing Space product of equivalent value and quality without notice.
1.5 In the event that we are unable to supply the Breathing Space product or any substitute product to you at all, we shall notify you as soon as is reasonably possible and shall reimburse your payment in full and in any event no later than 30 days after the intended delivery date.
2. Prices
2.1 Prices listed within the Breathing Space service are valid for a maximum of 14 days of submitting your purchase form.
2.2 All prices stated exclude VAT and are shown in UK Pounds Sterling.
3. Orders / Payment
3.1 You will be given clear instructions to follow to navigate the Order Form and you shall 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. We accept payment by all major credit and/or debit cards other thanbdepartment store cards and any other credit and/or debit cards as we may specify from time to time. By clicking on the 'check out' button on the Order Form, you are consenting to be bound by our terms and conditions contained in these Terms and Conditions and appearing anywhere on the Breathing Space site.
3.2 Submitting your Order Form is subject to our acceptance of this offer when we issue a written confirmation of acceptance by e-mail to the e-mail address with which you have addressed us. This message will re-confirm elements of the order(s) you have placed including confirmation of your card message. We will not consider ourselves bound by a contract with you until we have issued this confirmation.
3.3 We will confirm your order details and advise you that we are processing your purchase when we e-mail you.
3.4 We cannot accept Order Forms from customers under the age of eighteen (18) years.
4. Delivery
4.1 Selected products are not available for delivery to certain areas - where possible we will advise you of these restrictions before you place your order.
4.3 On acceptance by us of your Order Form we will advise you by e-mail confirmation of the intended delivery date. We will process Order Forms received on Sundays or Public Holidays the next working day. We do not deliver on Sundays or public holidays but in this case we will deliver the Breathing Space product you request on the next working day.
4.4 Incorrect personal details may lead to problems or delays in delivery, so before placing your order, please ensure that you have included the full address details, including accurate postcode of the intended recipient and telephone number, together with your daytime contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered.
4.5 Certain products will be delivered during a delivery period, providing delivery within a time frame around your preferred delivery date - if this is the case for your order, we will advise you prior to, or during the order process.
4.6 Whilst we agree to use all reasonable endeavours to ensure that delivery will be on the requested delivery date or during the delivery period, you acknowledge that in very occasional circumstances, delivery on the requested terms may not be possible. In such circumstances you will be given prior notice wherever possible, and we shall either make alternative arrangements or shall reimburse your payment in full in accordance with clause 1.5 above. Orders fulfilled via courier or postal services will be despatched the day prior to the nominated delivery date.
4.7 In the case of delivery to certain locations where a third party is involved, 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.
4.8 In respect of orders outside the UK, Channel Islands and Ireland, delivery shall be made as soon as is reasonably practicable but you acknowledge that delivery on the intended delivery date, particularly in respect of orders received for same day delivery or for Sundays and Public Holidays, cannot be guaranteed.
4.11 When placing your order you are able to specify further delivery information using the 'Delivery Information' field provided. This is intended to provide further guidance to the party delivering your order which isn't included within your address information. We reserve the right to not action any delivery requests specified in this field which we deem unacceptable and will use other elements of address information provided elsewhere on the order form to fulfil your order.
4.12 Before placing your order, please review delivery cut-off times & prices - accessed from the Product Details page of each product.
5. Cancellation
5.1 Orders may be amended or cancelled up to 24 hours before the intended delivery date for UK, Ireland and Channel Islands). Where delivery is to be made via courier, Royal Mail or other third party carrier orders can be amended or cancelled up to 3 working days prior to delivery date requested. Where delivery is to be made outside UK, Ireland and Channel Islands please provide notification 48 hours before the intended delivery date.
5.2 To amend or cancel your order, please contact the Breathing Space Customer Service Team from 8am until 6pm Monday to Friday and 9am until 5pm on Saturday using the contact details set out in Section 6 below.
5.3 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 and to be re-credited by us to the extent that such sums are not reimbursed by the card issuer in such circumstances.
6. Breathing Space customer services
6.1 In the event that you are not satisfied with the Breathing Space Service, any complaints should be addressed in the first instance to:
By email: info@breathing-space.co.uk
By telephone : 0800 587 4672
By fax: 01785 780847
By post : Fosters Breathing Space, Mitton Lane, Bradley, Stafford, ST18 9EA.
6.2 Our Customer Service Team is available from 8am until 6pm Monday to Friday and 9am until 5pm on Saturday.
6.3 Because of the perishable nature of some Breathing Space 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 1 working day of the date of delivery or intended delivery of your purchase.
7. Disclaimer
7.1 Whilst we agree to use our reasonable endeavours to ensure that the Breathing Space site and/or the Breathing Space Service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the Breathing Space Site and/or the Breathing Space 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 Breathing Space Site and/or the Breathing Space Service impossible or impractical.
7.2 (a) We accept liability for death or personal injury arising from our negligence.
(b) Subject to clause 7.2(a), our liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your Order Form with us shall be limited to a multiple of [5] times the price you have paid for the Breathing Space Products.
(c) Subject to clauses 7.2(a) and 7.2(b) above we exclude all liability for any claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly out of or in any way connected with your use or inability to access the Breathing Space Site and/or the Breathing Space Service, whether arising in contract, tort (including negligence), under statute or otherwise PROVIDED THAT nothing contained in these Terms and Conditions affects or will affect your or the recipient's statutory rights in relation to the quality, fitness or description of the Breathing Space Products supplied.
(d) Subject to clauses 1.5 and 4.6 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.
8. Use of www.breathing-space.co.uk discount voucher codes
8.1 'www.breathing-space.co.uk discount voucher codes' (also abbreviated to 'Voucher codes') can only be used against purchases made on www.breathing-space.co.uk.
8.3 Voucher codes may be redeemed against purchases for delivery to UK addresses only. Selected voucher codes may be restricted for use against specified products only.
8.4 Voucher codes are restricted to one use per customer and should not be passed on to additional recipients.
8.5 Voucher codes must be entered at the point of placing your order on www.breathing-space.co.uk using the relevant part of the order form.
8.6 We are unable to apply a discount to orders already placed.
8.7 Voucher codes cannot be used in conjunction with any other promotions.
8.8 Only one voucher code may be used per order.
8.9 Where the voucher code entitles you to a percentage discount, the discount will not be applied to the delivery charge.
8.10 Voucher codes may be withdrawn, or suspended without notice for any reason. We will advise you within the order process if we cannot accept the discount code you have entered.
8.11 Selected voucher codes may be restricted for use against specified products. Where possible, details of further restrictions will be communicated at the point where we promote the voucher code to you.
8.12 Voucher codes may also be set by Breathing Space to a maximum number of redemptions – if we are not able to accept the discount code you have entered for this reason we will advise you accordingly in the order process and the discount will not be applied.
8.13 Vouchers codes cannot be exchanged for a cash alternative.
8.15 We cannot be held responsible for non-availability of www.breathing-space.co.uk which may prevent use of Voucher codes.
8.16 Changes to these terms of use may be made at any time.
10. General
10.1 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Breathing Space Site and/or the Breathing Space Service from time to time. We will post any changes on the Breathing Space Site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Breathing Space Service or Breathing Space Site. Changes will be effective five (5) hours after the posting of any such change and all subsequent dealings between you and us shall be on the new terms and conditions.
10.2 Additionally, we reserve the right to suspend, restrict or terminate access to the Breathing Space Site and/or the Breathing Space Services for any reason at any time.
10.3 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Breathing Space Site, 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.
10.4 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.
10.5 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.
10.6 Save 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.
10.7 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.
My Account service - terms and conditions
1. The www.breathing-space.co.uk My Account service ('the Service') is provided as a complimentary feature by Fosters Breathing Space ('Breathing Space') 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. To register with the Service you must be over eighteen years of age.
3. 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 password reminder service (this option can be found adjacent to the My Account login box).
4. If Breathing Space 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.
5. You must ensure that the details you provide on registration or at any time are correct and complete.
6. 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 'My Payment Address Details' section of 'Address Book' within the My Account area of the website OR emailing info@breathing-space.co.uk. 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.
7. Use of the Service is intended to assist with purchases to be made via the Breathing Space website www.breathing-space.co.uk ('the Site'). The Service must not be used for the following purposes:
a) Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
b) Gaining unauthorised access to other computer systems.
c) Interfering with any other person's use or enjoyment of the Site.
8. Breathing Space reserves the right to refuse to post material on the Site, or to remove material already posted on the Site.
9. 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. 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.
10. Your access to the Site and Service may be occasionally restricted to allow for routine maintenance.
11. These Terms and Conditions operate in conjunction with general Terms & Conditions of the Site governing overall use and order placement, a copy of which can be viewed here. Breathing Space are committed to protecting your privacy, the Site Privacy Policy can be viewed here.
12. If you have any queries please contact Breathing Space Customer Services on:
1) Telephone : 0800 587 4672
2) Email: info@breathing-space.co.uk
3) Fax: 01785 780847
4) Post : Fosters Breathing Space, Mitton Lane, Bradley, Stafford, ST18 9EA.
13. 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 (i.e. information on "delicate" matters, including race, political opinions, religion, trade union membership, physical or mental health or condition, sexual life etc). 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.