PRIVACY POLICY - Legal Notice - Use of personal data - Cookies - Retention & storage of your    information - Checking your details - Security - Changes to our Privacy Policy - Unsubscribe CONTACT INFORMATION CUSTOMER SERVICE - Delivery - General - Cancellation

TERMS & CONDITIONS OF SALE - Legal Notice - 1. Seller - 2. Order Processing & Payments - 3. Happyorchid Products - 4. Prices - 5. Delivery - 6. Force Majeure - 7. Cancellation - 8. Personal Messages - 9. Customer Services - 10. Disclaimer - 11. Warranties & Disclaimers - 12. Intellectual Property & Content - 13. Visitor Material & Conduct - 14. Links to and from Other Websites - 15. General

PRIVACY POLICY:

This is to confirm that happyorchid.com takes the security and privacy of our customers and of users of this Website very seriously. Please read the following privacy policy to understand how we use and protect the information that you provide to us.

IMPORTANT LEGAL NOTICE

Cookies
A cookie is a small information file that is sent to your computer and is stored on your hard drive. Some websites use cookies to remember users' email addresses or log on details. We do use Cookies on our website.
We may use technology to track the patterns of behaviour of registered and non-registered visitors to our site. This can include using a cookie which would be stored on your browser. The information collected in this way can be used to identify you unless you modify your browser settings so as to not accept cookies.
Every time you connect to our Website we store a log of your visit which shows the unique number your machine uses when it is connected to the internet (IP address). This tells us what you have looked at and which browser you use to view the pages. This information helps us to understand which areas of the site are of particular interest and which pages are not being requested. It also tells us the number of 'hits' on the Website.
Information that is collected via Cookies is used in accordance with this Privacy Policy.

Retention and storage of your information
We do not keep your personal details for longer than we require for these purposes that we have mentioned. When we destroy or delete any of your personal information that we hold either electronically or on paper, we make every reasonable effort to do so in secure circumstances.
Please note that our policies on privacy will be overridden where we are required or permitted to disclose personal information under law or the terms of any court order. Checking your details
You are entitled to see the information that we hold about you. You may ask us to make any necessary changes to ensure that your information is accurate and kept up-to-date. If you wish to verify the details you have submitted to us, you may do so by contacting us using the contact details at the end of this notice. We are entitled by law to charge a fee of £10 to meet our costs in providing you with details of the information we hold about you. Security
We will take all reasonable measures as required under the UK Data Protection Act 1998 to ensure that personal information you submit to us is kept secure and protected from unauthorised use or disclosure. If we share personal data with third parties in accordance with this Privacy Policy, we will take all reasonable measures to ensure that such third parties also take appropriate security measures in relation to your personal data.

Changes to our Privacy Policy
Any changes to our privacy policy in the future will be posted to the Website and, where appropriate, by email notification.

Unsubscribe
If you wish to refuse to receive any marketing communications from us to you, please let us know at any time by emailing us on customerservice@happyorchid.com and we will comply with your request.

CUSTOMER SERVICE:
To contact us please call 0161 929 7535, or email customerservice@happyorchid.com
For enquiries, please call 0161 929 7535, or email enquiries@happyorchid.com

Delivery
Orchids are delivered to the UK only from Monday to Saturday, 8am to 8pm by courier. There are no deliveries to the Isle of Man, Channel Islands or The Republic of Ireland. Orders of orchids received before 3pm can be delivered as early as the next day. Date of delivery can be guaranteed for the orchids but time of delivery cannot be specified.
Deliveries to the following destinations may take 48 hours: Aberdeen, Dundee, Falkirk, Western Isles, Inverness, Isle of Skye, Isle of Arran, Isle of Cumbrae, Isle of Kirkwall, Orkney, Paisley, Isle of Jura, Isle of Colonsay, Isle of Coll, Isle of Eigg, Isle of Rhum and Isle of Canna, Perth, Holy Island, Isle of Scilly, Shetland Isles and Northern Ireland. There are no deliveries to the Isle of Man, Channel Islands or The Republic of Ireland.
Postal deliveries to the United Kingdom may take up to 48 hours. Postal deliveries to Europe may take up to 4 days.

General
Happyorchids.com has taken every care in the preparation of the content of this website, in particular prices and product description. However, owing to variations in computer monitors, and the reproduction process, packaging may vary from that shown, as may the colours of our products and orchids.
We will make every effort to deliver your order as requested, however we will not be held liable if we fail due to circumstances beyond our control. The order will only be processed if full payment details are given and accepted. If for any reason we are unable to supply orchids as advertised we will notify you. We reserve the right to substitute goods or packaging of equal or greater value in the event of supply difficulties.
Happyorchid.com shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained on this website. All matters concerning and incidental to any offer or agreement for the purchase and sale of goods from the website must be construed and governed according to English law and the English courts shall have jurisdiction in all cases.

Cancellation
Only cancellations given at least 48 hours before delivery date will be eligible for a refund. Orders placed or cancelled on Saturdays, Sundays or Bank Holidays will be treated as having been received on the following working day. To cancel orders, please call 0161 929 7535.

TERMS & CONDITIONS OF SALE

These terms and conditions (the "Terms and Conditions") are the terms and conditions upon which happyorchid.com ("we/us") makes this website (the "happyorchid.com website") available to you and on which we provide our services for delivery of orchids and other associated products under the happyorchid.com
brand ("services"). You can access our Services via the happyorchid.com website or by telephone.
 
ATTENTION: This legal notice applies to the entire contents of this website and to any correspondence between us and you. Please read these terms carefully before using this website. Using this website indicates that you accept these terms regardless whether or not you choose to purchase from us.
 
1.      The Seller
1.1
Welcome to www.happyorchid.com. This site is owned and operated by:

6.       Force Majeure
6.1
Neither we, nor any courier or postal service that we use shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control including but not limited to any fire, flood, explosion, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, government act, act of war, terrorism, act of God, or from any industrial dispute or strike whatsoever.
 
7.      Cancellation  
7.1
Only order amendments or cancellations which are given at least 2 working days before the intended delivery date may be accepted. Orders placed or cancelled on Saturdays, Sundays or Bank Holidays will be treated as having been received on the following working day. To cancel orders, please call 0161 929 7535.
7.2
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.

8.       Personal messages
8.1
You must agree that any messages posted by you on your card or sent by us on your behalf to a third party will not contain anything which could be construed as harassing, threatening, vulgar, abusive, obscene, defamatory, racist or which may cause embarrassment or distress to any person or are otherwise unlawful or objectionable.
8.2
You are entirely responsible for any text or other material which you post or send on this message system and happyorchid.com accepts no liability for any such content. We do not pre-screen messages, but may monitor content from time to time. We have the right to refuse to send or display messages and terminate access to the relevant Services at any time and without liability to you in the event of any such objectionable message.
 
9.      Customer Services
9.1
Because of their perishable nature, flowers are non-returnable. This does not affect your statutory rights. If you are not completely satisfied with your orchid please call our customer service helpline on 0161 929 7535 from 8am to 5pm, Monday to Friday, quoting your order reference number or email customerservice@happyorchid.comred.com.
9.2
In order for us to resolve any complaints quickly and to our mutual satisfaction, we advise you to make any complaint within 1 day of the date of delivery or intended delivery of your purchase.
 
*Courier Deliveries to the following destinations may take 48 hours: Aberdeen, Dundee, Falkirk, Western Isles, Inverness, Isle of Skye, Isle of Arran, Isle of Cumbrae, Isle of Kirkwall, Orkney, Paisley, Isle of Jura, Isle of Colonsay, Isle of Coll, Isle of Eigg, Isle of Rhum and Isle of Canna, Perth, Holy Island, Isle of Scilly, Shetland Isles and Northern Ireland. All postal deliveries may take 48 hours.

10.     Disclaimer
10.1
Whilst we agree to use our reasonable endeavours to ensure that the happyorchid.com Website and/or the Services are fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the happyorchid.com Website or Services 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 happyorchid.com Website and/or the happyorchid.com Service impossible or impractical.
10.2
We accept liability for death or personal injury arising from our negligence and for all liability arising from any fraudulent representation we may make.
10.3
Subject to clause 10.2, our liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your order placed with us or in connection with the Services in any way shall be limited to a multiple of 2 times the price you have paid for the relevant    happyorchid.com Products.
10.4
Subject to clauses 10.2 and 10.3 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 happyorchid.com Website and/or the Services, 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 happyorchid.com Products supplied.
 
11.     Warranties and Disclaimers
11.1
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy or completeness of the material on this Website. We may make changes to the material on this Website or to any services or prices described in it, at any time without notice. The material on this Website may be out of date, and we do not make any commitment to update this material.
11.2
The content, information and material on this Website is provided "as is" without any conditions, warranties or other terms of any kind.  

12.     Intellectual Property and Content
12.1
The copyright and other intellectual property rights in all content and material on this Website (including without limitation the name "happyorchid.com"  photographs, logos and trade marks) are owned by happyorchid.com or its licensors, unless otherwise stated or indicated.
All rights which are not expressly granted in these Terms and Conditions are reserved.
12.2
You may print and download extracts from this Website solely for your own personal use on the following basis:-
12.2.1
no documents or related graphics on this Website are modified in any way
12.2.2
no graphics on this Website are used separately from the accompanying text
12.2.3
our copyright and trade mark notices and this permission notice appear in all copies.
12.3
Except as stated in Clause 12.2 above, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
12.4
Use of any extracts from this Website except in accordance with the above permissions is prohibited. Without prejudice to the general statements made above, you are not in any event permitted to:
12.4.1
publish, distribute or otherwise reproduce in any format any of the content or copies of the content of this Website
12.4.2
use any content from this Website in connection with any business or commercial enterprise including, without limitation, any media business or enterprise.
12.4.3
modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software or any documentation accompanying such
software or other content available on or through this Website
12.5
If you breach any of these Terms and Conditions, your permission to use this Website automatically terminates and you must immediately destroy any
downloaded or printed extracts from this Website.

13.    Visitor Material and Conduct
13.1  
Other than personally identifiable information which is covered under the Privacy Policy (see below) any material you transmit or post to this Website or supply to us in relation to the Website will be considered non-confidential and non-proprietary. We will have no obligations in relation to such material. We (and our designees) will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied in any such material for any and all commercial or non-commercial purposes, and you confirm that you have all necessary rights and licences to enable us to do so.
13.2
You are prohibited from posting or transmitting to or from this Website any material or doing anything in connection with your use of this Website:
13.2.1
which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world;
13.2.2
that is in any way threatening, defamatory, offensive or obscene, indecent, seditious, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, copyright, privacy or any other rights or which may cause annoyance or inconvenience;
13.2.3
for which you have not obtained all necessary licences and/or approvals;
13.2.4
which is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
13.2.5
which involves misusing the Website (including without limitation by hacking) or which attempts to affect the performance or functionality of any computer facilities of or accessed through the Website.
13.2.6
which involves sending any unsolicited advertising or other promotional material, commonly referred to as "Spam".
13.3
We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Terms and Conditions.
13.4
You shall fully indemnify happyorchid.com and its suppliers, officers, directors, employees, shareholders and agents for any loss or damage suffered as a result of breach of your obligations in this Clause 14.
 
14.     Links to and from other websites
14.1
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control, and are not responsible for these websites or their content or availability. We do not therefore endorse or make any representations about these websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website you do so entirely at your own risk.
14.2
If you would like to create a link to this Website, please contact us first at customerservice@happyorchid.com to request permission. Any links to this Website may only be on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:-
14.2.1
you do not remove, distort or otherwise alter the size or appearance of our trading names and logos;
14.2.2
you do not create a frame or any other browser or border environment around this Website;
14.2.3
you do not in any way imply that we are endorsing any products or services other than our own;
14.2.4
you do not misrepresent your relationship with happyorchid.com, nor present any other false information about us;
14.2.5
you do not otherwise use any trade marks and trading names displayed on this Website, including happyorchid.com, without our express prior written permission;
14.2.6
you do not link from a website that is not owned by you;
14.2.7
your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
14.3
We expressly reserve the right to revoke any right which we grant to link to the Website at any time for breach of any of these Terms and Conditions, and to take any action that we deem appropriate.
14.4
You shall fully indemnify happyorchid.com, its suppliers, our officers, directors, employees, shareholders and agents for any loss or damage suffered as a result of breach of your obligations in this Clause 14.
 
15.   General
15.1
happyorchid.com has taken every care in the preparation of the content of this website, in particular prices and product description. However, owing to variations in computer monitors, and the reproduction process, packaging may vary from that shown, as may the colours of our products and flowers.
15.2
Any typographical, clerical or other error or omission in the Website or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
15.3
We will make every effort to deliver your order as requested. However we will not be held liable if we fail due to circumstances beyond our control. Any order that you place will only be processed if full payment details are given and accepted. If for any reason we are unable to supply flowers or bouquets as advertised we will notify you, except that we reserve the right to substitute goods or packaging of equal or greater value in the event of such supply difficulties.
15.4
happyorchid.com shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained on this website.
15.5
We reserve the right to supplement and amend the Terms and Conditions on which you are permitted to access the happyorchid.com Website and/or the happyorchid.com Service from time to time. We will post any changes on the happyorchid.com Website and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the happyochid.com Service or happyorchid.com Website. Changes will be effective immediately after the posting of such change.
15.6
Additionally, we reserve the right to suspend, restrict or terminate access to the happyorchid.com Website and/or the happyorchid.com Services for any reason at any time.
15.7
These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the happyorchid.com Website, 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.
15.8
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.
15.9
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.
15.10
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.
15.11
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.