Terms of Service.
Thanks for visiting Flossy Peagreen. We will do all we can to ensure you have an enjoyable shopping experience and that you are delighted with your cards.
These terms and conditions on which we supply products to you, whether these are goods or digital content available on www.flossypeagreen.co.uk
These Terms are legally binding.
Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have any questions or require clarification on these Terms, please contact us.
If you do not agree to these Terms, you must not order any products from this Website.
These terms and conditions are updated regularly. Please check back for the latest updates.
Definitions
These are the definitions that apply to this Agreement:
"Customer" the company or individual who has engaged Flossy Peagreen to provide products or services.
"Flossy Peagreen" is a trading name of Flossy Peagreen Cards, the supplier.
"Price" the price for the product or service provided by Flossy Peagreen.
1. Who We Are
Flossy Peagreen Cards registered office is 232 Stamford Street Central, Ashton-under-Lyne, Manchester OL6 7NQ.
2. Ordering from Flossy Peagreen
2.1 Ordering
To place an order with us, we require you to create an online account with us. When you create an Account, you will need to supply us with your real name, correct address and a valid email address.
You place an order on our Website by pressing the checkout button during the checkout process. By confirming your order, you agree to purchase the product you have selected, which shall be subject to these Terms.
When you confirm your order, we will take payment for your order through your nominated payment method. We will then send you an order confirmation email detailing your order and any other information we must provide.
2.2 How we will accept your order
Our acceptance of your order will take place when we email you to accept it, at which point a legally binding contract will come into existence between you and us.
2.3 If we cannot accept your order
There may be circumstances in which we cannot accept your order because of something we discover after we send you an order confirmation email. If this is the case, we will inform you of this via email and will refund you for the product. We may be unable to accept your order because:
(a) we have identified an error in the price or description of the product;
(b) it appears that the order mistakenly duplicates another order;
(c) your personalisation contravenes or appears to contravene our Content Rules.
(e) there are unexpected limits on our resources which we could not reasonably plan for
(g) we cannot obtain authorisation for your payment;
(h) we suspect that the order has been placed fraudulently;
(i) we are unable to meet the delivery deadline you have specified;
(j) the product is out of stock;
(k) a promotional offer or discount code has been used outside of a valid promotion period or has expired; or
(l) you have failed to provide personalisation details within 14 days;
(m) your order otherwise breaches any of the requirements of these Terms.
2.4 Your order number
We will assign an order number to your order and tell you what it is when we send you an order confirmation email. It will help us tell us the order number whenever you contact us about your order.
2.5 Ordering multiple products
When ordering multiple products as part of the same order, we will inform you, within a reasonable time, whether we will (or can) dispatch on the same day or as part of the same delivery. Please note that we cannot guarantee that multiple products within the same order will be delivered in the same package or at the same time.
3. Our Products
Our cards and other products sold by us through our Website are made and shipped from Adlington, Cheshire in the United Kingdom.
3.1 Products may vary slightly from their pictures
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 reflects the colour of the products.
3.2 Product packaging may vary
The packaging of the product may vary from that shown in images on our Website.
3.3 Personalised Products
If the card includes personalised content provided by you, it is a personalised product. If it is a standard product that does not include any content provided by you, it is a non-personalised product.
It is up to you to ensure the content you have contributed for inclusion in a Personalised Product is correct (for example, the content is correctly spelt).
Please double-check your order on screen and your acknowledgement email carefully to check that all the details are correct.
We do not change your personalisation or look for typos.
If you use third-party copyright content in any Personalised Product, it is your responsibility to ensure that you seek permission from the copyright owner. We will not accept any liability whatsoever. You will be held responsible for any fees and third-party damages we may have to pay to a third party because of such infringement, and you will be liable to reimburse these payments to us in full.
3.4 Content Rules
We do not permit Personalised Products to include any content or material which:
(a) infringes anyone's IP.
(b) contravenes any applicable law (including, without limitation, any criminal law) or regulation;
(c) is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
(d) misrepresents the identity or impersonates any person;
(e) includes personal data about another person, such as their address, phone number, or email address, except with the written approval of that person;
(f) is pornographic, obscene, indecent or offensive, has sexual connotations, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
(g) may harass, upset, embarrass or alarm any person;
(h) gives the impression that it originates from or has been approved by us, our partners and licensors, whether by reference to our/their name or otherwise;
(i) may violate the integrity and reputation of our name and the names of our partners and licensors;
(j) advocates promote or assists any unlawful act;
(k) includes or makes reference to illegal drugs; or
(l) makes reference to politicians' names and/or political statements.
4 Price & Payment
4.1 Where to find the price for the product
The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
4.2 Payment
You can pay for your products using a credit card, debit card, PayPal, any account credit, or any other payment method which we make available to you at the time of your order.
4.3 Offers, discounts, vouchers and competitions
If you have been sent a discount code or voucher by us, you must apply it at the checkout to benefit from a discount or price reduction.
Please note that promotional offers, discount codes and vouchers can only be applied to our specified products. They cannot be used for discounts on postage or delivery charges unless otherwise specified.
Promotional offers and discount codes must be used within the valid offer time, but we reserve the right to dispatch products outside of this period.
Flossy Peagreen reserves the right to cancel, change or extend offers at any given time, without notice. Promotions cannot be backdated or applied retrospectively to orders already placed.
There are no cash alternatives for offers or discount codes.
4.4 What happens if we got the price wrong?
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
4.5 What to do if you think your order confirmation receipt or invoice is wrong
If you think your order confirmation receipt or invoice is wrong, please contact the Customer Service Team promptly to let us know.
5 Dispatch and Delivery of Products
5.1 General information
The dispatch date is the date that we send the item, not the date that it is delivered.
During the order process, we will generally notify you of the dispatch dates available and the expected timeframe for receiving your order.
However, Flossy Peagreen does not guarantee delivery dates or times.
It is your responsibility to ensure that the postal information you input for delivery is correct.
Errors in the address may cause unnecessary delay and/or result in unsuccessful delivery of your items. You can check that you have the correct UK postcode by using the Royal Mail's handy postcode finder available at www.royalmail.com/find-a-postcode. Please note we are not responsible for the accuracy of the Royal Mail's postcode finder.
5.2 Delivery costs
The price of most products on our Website do include delivery costs. We will notify you of the delivery cost at the checkout stage before you place your order.
There may be occasions from time to time (for example, a promotion) where delivery costs change. On these occasions, this information will be clearly stated on our Website.
We reserve the right to change the delivery costs at any time.
5.3 Estimated delivery times
Products are delivered by Royal Mail (or another third party carrier from time to time). Estimated delivery times for all UK orders are set out here.
These Terms are in relation to deliveries made in the UK only.
5.4 We are not responsible for delays outside our control
If our supply of the products is delayed by an event outside our control (such as acts of God, natural disasters, epidemics or pandemics, terrorist attacks, war or threat of war, riots, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any laws imposing an export or import restriction, quota or prohibition, or failing to grant necessary licence or consent, the collapse of buildings, fire, explosion or accident, industrial action, interruption or failure of utility service), then we will contact you as soon as possible to let you know, 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. However, if there is a risk of substantial delay, you may contact us to cancel your order and receive a refund for any products you have paid for but not received. Your statutory rights as a consumer are not affected.
5.5 When you become responsible for the goods
A product which is goods shall be your responsibility from the time we deliver or attempt delivery of the product to the address you gave us.
5.6 When you own goods
You own a product which is goods once we have received payment in full.
5.7 What will happen if you do not give the required information to us
We may need certain information from you so that we can supply the products, for example, the delivery address. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.8 Reasons we may suspend the supply of products to you
We may have to suspend the supply of a product to deal with technical problems or make minor technical changes; update the product to reflect changes in relevant laws and regulatory requirements; or make changes to the product as requested by you or notified by us to you.
5.9 Your rights if we suspend the supply of products
We will contact you as far in advance as practicably possible to tell you we will be suspending the supply of the product. If we have to suspend the product for longer than 48 hours, we may contact you to cancel your order and refund any sums you have paid. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 48 hours, and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
5.10 Delivery outside the UK
We currently do not deliver outside of the United Kingdom.
6 Your Right to Make Changes
As a courtesy, we may allow you to make changes to your order on your within three hours of ordering.
Orders outside of this time limit may have been printed and prepared for dispatch. All orders are printed on-demand for you and cannot be re-used.
Contact our Customer Service Team by Email to make any changes. Please have your order number or the email address you registered with us available so we can answer your query as quickly as possible.
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 product, 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.
7 Our Right to Make Changes
7.1 Minor changes
We may have to make minor changes to a product to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, for example, to address a security threat. Minor changes will not affect your use of the product.
7.2 Significant changes
There may be circumstances where we have to make significant changes to our products. If we do need to make such changes, we will notify you of this. 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.
8 Your Legal Rights to End the Contract
8.1 Your rights
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract, including:
(a) if what you have bought is faulty or misdescribed, you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back);
(b) if you want to end the contract because of something we have done or have told you we are going to do;
(c) if you have just changed your mind about the product.
(d) In all other cases (if we are not at fault and there is no right to change your mind).
8.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out below, the contract will end immediately, and we will refund you in full for any products which have not been provided. You may also be entitled to compensation. The reasons are:
(a) We have told you about an upcoming change to the product or these terms which you do not agree to);
(b) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
(c) there is a risk that the supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 48 hours; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013)
For most products bought online, you have a legal right to change your mind within 14 days and receive a refund.
How long you have depends on what you have ordered and how it is delivered:
(a) Have you bought goods (for example, a Non-Personalised Product)? If so, you have 14 days after the day you (or the recipient) receives the goods, unless your goods are split into several deliveries over different days. In this case, you have until 14 days after the day you (or the recipient) receives the last delivery to change your mind about the goods;
8.4 When you don't have the right to change your mind
You do not have a right to change your mind in respect of
(a) personalised products;
(b) digital products such as eCards after the recipient has opened the email containing the eCard;
(c) products which are sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(d) perishable goods, such as food, drink and flowers, which deteriorate rapidly; and
(e) services, once these have been completed, even if the cancellation period is still running.
8.5 Summary of your legal rights We are under a legal duty to supply products that are in conformity with these Terms.
9 Ending Your Contract With Us
9.1 Reporting a problem
If you have questions or are unhappy with your order, please contact our Customer Service Team via email. You will need to quote your order number, the email address you have registered and the details of the problem with the order.
We aim to acknowledge any complaint within 7 days and will do our best to resolve it within 28 days. We may ask you to take a photograph of the product to help us communicate with our suppliers and to correct any future problems. Should it be necessary, we will then advise you on how to return your item.
If you receive a product from us in error, you must inform our Customer Service Team immediately. Our Customer Service Team will then provide you with instructions on how to return or securely destroy the product.
9.2 Your legal obligation to return rejected products
If you wish to exercise your legal rights to reject products, you must return them back to us. Please return the product to the return address stated on the package.
9.3 Procedure for returns and refunds
We will refund you the price you paid for the products, including delivery costs, by the method you used for payment within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
Personalised Products
Where an item is faulty, please contact our Customer Service Team via email. We will either ask you to return the item to us within three days of receipt or to take a photo of the item before returning it back to us. Your right to return items to us in accordance with these Terms is in addition to any other statutory rights you may have.
If you are eligible for a refund, we will reimburse the price you have paid for the product(s) onto the credit or debit card that you paid with or to your PayPal account. Alternatively, we may offer to reprint (if applicable) and resend the item free of charge. Please note it is not our policy to offer both a refund and a resend.
Refunds cannot be given if the fault is a result of your own actions, such as product misuse or if personalisation is misspelt.
Non-Personalised Products
Where an item is faulty, please contact our Customer Service Team via email. We will either ask you to return the item to us within three days of receipt or to take a photo of the item before returning it back to us. Your right to return items to us in accordance with these Terms is in addition to any other statutory rights you may have.
If you are eligible for a refund, we will reimburse the price you have paid for the product(s) onto the credit or debit card that you paid with or to your PayPal account. Alternatively, we may offer to reprint (if applicable) and resend the item free of charge. Please note it is not our policy to offer both a refund and a resend.
Please note that if the value of the product has been reduced by any handling of it beyond what is necessary to check whether the product is as expected, we may deduct an amount to reflect that reduction in value from the sum we refund to you. Note that the value of a product may be reduced to nothing if its seal (or similar) is broken.
10 Our Rights to End the Contract
10.1 We may end the contract if you break it
We may end the contract for a product at any time by writing to you if:
you do not, within a reasonable time, allow us to deliver the products to you or the recipient or collect them from us.
11 Flossy Peagreen Intellectual Property
For the purposes of these Terms, the following words will have the meanings as set out below:
(a) IP means intellectual property rights of any nature, including (for example) patents, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets), and any other intellectual property rights, whether registered or unregistered, and including all applications for such rights, and rights to apply for and be granted such rights, and renewals or extensions of such rights, and rights to claim priority from such rights, and all similar or equivalent rights or forms of protection which subsist, or will subsist, now or in the future, in any part of the world.
(b) Content means all text, software, applications, graphics, audio, visual and/or audio-visual material (including but not limited to music, sound, still visual images, photographs and video), data, database content, page layouts, design and other multi-media content, information and material, including the metadata relating to such content.
Unless otherwise stated, all content on and IP in relation to our Website and/or App is wholly owned by Flossy Peagreen or its licensors.
"Flossy Peagreen" is our registered trademark, and you agree not to display or use it in any manner without our prior written consent.
You may use and access our Website and/or App to the extent and purpose required for ordering any products and/or services made available by Flossy Peagreen in accordance with these Terms.
You are not allowed to:
(a) remove any notices relating to IP contained in any Content, material and/or products taken from our Website, App or otherwise;
(b) whether for a commercial purpose or otherwise, copy, distribute, show in public and/or create any derivative work from, any material, Content or IP owned by Flossy Peagreen without the prior express written permission and licensing by us to do so;
(c) use Flossy Peagreen, including but not limited to, its Website, Content, IP, products and/or services for any commercial purpose other than in accordance with these Terms; and
(d) use any robot, spider, scraper or other automated means to access the Website for any purpose without our prior express written permission.
Any rights not granted in these Terms are reserved for our own benefit.
12 How We May Use Your Personal Information
We will only use your personal information as set out in our Privacy Policy.
13 We Are Not Responsible For Damage or Loss Arising From Your Actions
We are not responsible for any damage or loss incurred by you when such loss or damage is caused by negligence, wilful misconduct or concealment of information by you (deliberate or otherwise).
14 We Are Not Responsible For Losses To Your Business
We only supply 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.
15 General
15.1 Suspension
If you are found to be in breach of these Terms, we reserve the right to suspend your Flossy Peagreen Account.
In addition, we are entitled to suspend the provision of all or part of our services at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.
16 Change of Terms
These Terms may change from time to time, and when they do, we will post the new version of the Terms on the Website and the App and flag it appropriately.
16.1 We may transfer this Agreement to someone else
We may transfer our rights and obligations under these Terms to another organisation.
16.2 Nobody else has any rights under this contract (except someone you pass your guarantee on to)
This contract is between you and us. No other person shall have any rights to enforce any of its Terms.
16.3 If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.4 Even if we delay in enforcing this contract, we can still enforce it later
Just because we do not insist immediately that you do anything you are required to do under these Terms, it does not mean you do not have to do those things, and it will not prevent us from taking steps against you at a later date.
16.5 Which laws apply
These Terms are governed by English law, and you can bring legal proceedings in respect of the products in the English courts.