ASDA General Terms & Conditions
Please take time to read our terms and conditions cover use of the www.asda-flowers.co.uk site and any purchases made on www.asda-flowers.co.uk.
"Conditions" means these terms and conditions;
"Online Sales" means sales of Goods and Services conducted through the Website;
"Goods" means goods displayed for sale on the Website;
"Services" means services displayed for sale on the Website;
"Users" means the users of the Website collectively;
"User Information" means the details provided by you on any application to buy Goods or Services from us via the Website;
"We/us/our" means Asda Stores Ltd, where applicable;
"Website" means the website located at www.asda-flowers.co.uk or any subsequent URL which may replace it; and
"You/your" means a user of the Website.
Use of the website
By using the website you agree to be bound by these Terms. We endeavour to offer you the best possible service but cannot guarantee that the Services will be fault free. If a fault occurs, please report it to our Service Team on 0800 952 2223. Occasionally we need to carry out essential repairs, maintenance and/or updating of our IT systems which may restrict your use of the Services. In these circumstances, we will endeavour to restore the Services to you as soon as possible.
We reserve the right to:
update these Terms from time to time and any changes will be notified to you via a suitable announcement on the website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and
modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
You warrant that:
the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and
you are not impersonating any other person or entity
the products purchased on the site are for private domestic and consumer use only and not for re sale
you will notify us immediately of any changes to the personal information by e-mailing or telephoning our Service Team on 0800 952 2223.
We will treat all your personal information:
as confidential and will only disclose the same in the circumstances set out below; and
in accordance with Data Protection legislation from time to time.
When you shop on this website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner's office. We will use your personal information for the following purposes:
processing your orders;
to administer this Website;
for statistical purposes to improve this Website and its services to you;
if you have not objected during the registration process, to notify you of products or special offers that may be of interest to you
if you have not objected during the registration process, companies within the Asda.com group and organisations providing goods and services on behalf of Asda.com may contact you about their products or services that may be of interest to you.
If you have not objected during the registration process, but do not want us to:
contact you regarding products or services which may be of interest to you; or
to transfer your data to group companies and third parties so that they can contact you about their products and services;
then please write to us at ASDA Flowers, ASDA House, Great Wilson Street, Leeds, LS11 5AD and notify us accordingly.
Unless you advise us otherwise you agree that personal information may be disclosed to Asda Stores Limited, to Asda Stores Limited’s parent company in the US, Wal-Mart Stores Inc, and organisations providing goods and services on behalf of the Asda Stores Limited and to reputable third parties who will help process your order. In addition, you do not object to Asda Stores Limited and organisations providing goods and services on behalf of the Asda.com contacting you for the purposes set out above, whether this be by fax, telephone, [e-mail, SMS] or in writing and you do not consider any of the above as being a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999. You should be aware that if we are requested by the police or any other regulatory authority investigating suspected illegal activities to provide your personal information, we are entitled to do so.
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website:
any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and
any material which is defamatory, offensive or of an obscene character
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
8. Third Party Links
As a convenience to our customers; the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse these. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
B. PURCHASE OF PRODUCTS
All orders are subject to acceptance and availability. We aim to supply the best flowers for your bouquet, occasionally at our discretion we may need to substitute flower stems with an alternative of a similar type/colour that has an equal or greater value. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order. Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit or debit card or (ii) despatch the goods to you, whichever is the earlier. You agree that we will not be responsible for failing to deliver Goods to you if you have supplied us with an incorrect address.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
Each good or service purchased is sold subject to additional specific terms and conditions related to that good or service including, without limitation, terms and conditions concerning estimated delivery times and any warranties. Please ensure that you read such additional terms.
10. Cancellation Rights
If you wish to cancel or amend your order you must by the times given below:
|Delivery Day||Cancellation/Amendment cut off time|
|Monday||Noon on the previous Friday|
|Tuesday - Saturday||Noon the previous day|
|Monday during peak*||Noon the previous Thursday|
|Tuesday - Saturday during peak*||Noon two days prior to delivery day|
*Peaks are Christmas, Valentines Day, Mothers Day
N.B. For orders placed after noon you can make any changes/cancellations for next day delivery up to 3pm.
If wish to cancel an order please call our Service Team on 0800 952 2223 quoting your order number, name and address.
We will refund any monies paid to ASDA Flowers within 30 days of receipt of your cancellation notice.
11. Price and Payment
All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you.
Payment can be made by most major credit or debit card. Payment will be debited and cleared from your account before the despatch of your good or provision of the service to you.
You confirm that the credit or debit card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
12. Eligibility to Purchase
To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under English law you must:
if an individual, be 18 years of age or over; and
stipulate a delivery address within Europe; and
register your real name, address, phone number, e-mail address any other details requested.
By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
It is against the law to sell or supply alcohol to persons under 18 years of age in the UK. By placing an order you confirm that you are at least 18 years old and you are buying the alcohol for an individual who is over 18 years of age
13. Complaints / Refunds
In cases where damaged flowers are received we urge the recipient or sender to contact us immediately so that we can either arrange to send another gift on the next available delivery date, or organise a partial / full refund. The extent of the refund will depend on the extent of damage to the flowers. We will offer a replacement or a refund; however, we can not offer both.
All complaints regarding the delivered condition of flowers and gifts must be made within 14 days of the delivery date. We can not consider complaints about damaged or late deliveries made after this period.
All refunds or resends are at the complete discretion of ASDA Stores limited. We reserve the right to refuse a refund or resend where we believe that the flowers sent are of an acceptable quality / vase life or where we feel that a fraudulent claim is being made against us.
14. Intellectual Property
The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website belong to us and our agents and shall remain with us or our licensors.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
15. Limitation of Liability
Notwithstanding any other provision in the Terms, nothing in these Terms:
will affect or limit your rights as a consumer under English law; or
will exclude or limit our liability for death or personal injury resulting from our negligence.
The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided to by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
incompatibility of the Website with any of your equipment, software or telecommunications links
technical problems including errors or interruptions of the Website
unsuitability, unreliability or inaccuracy of the Website
inadequacy of the Website to meet your requirements
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
We will not be liable to you for any delay or failure to fulfil On-Line Sales which you make using the Service, where such delay or failure is due to circumstances beyond our control or the control of our sub–contractors and agents, including but not restricted to electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labour disputes or malicious damage involving employees.
The use of the Website does not constitute a licence for you to use trademarks, designs and/or logos of us and our agents, including but not limited to Asda Flowers and Asda Flowers.com
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
18. Law and Jurisdiction
Where you contract with our English company, Primeflora UK Ltd, the Terms will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the English courts.
Company Details: The Website is operated on behalf of ASDA by Primeflora UK Ltd, a UK registered company Registered office : Intergreen House Ltd, Washway Road, Holbeach, Lincolnshire, PE12 8LT.
Company Number 05199391, VAT No. GB837941101
What is a cookie?
A cookie is a small text file that may be placed on your device when you visit our sites. When you next visit our sites the cookie allows us to distinguish you from other users.
There are two broad categories of cookies:
a. Persistent cookies
Persistent cookies remain on your device until deleted manually or automatically.
b. Session cookies
Session cookies remain on your device until you close your browser when they are automatically deleted.
Cookies we use and why we use them
c. Essential cookies
Essential cookies are technical cookies that are required for the operation of our sites. Without essential cookies our sites can't operate properly. Essential cookies include, for example, cookies that enable you to log into secure areas.
d. Performance cookies
Performance cookies allow us to recognise and count the number of visitors to our sites and to see how visitors move around them. This helps us to improve the way our sites work by enabling us to tailor our sites to the way visitors use them. The information we collect from performance cookies is aggregated which means that we cannot identify you from it.
e. Experience cookies
Experience cookies allow our sites to remember the choices you make. Our sites use experience cookies to provide you with enhanced and personalised features. For example, we use information collected through what are known as “web-analytic” cookies to compare the choices you make to those of our other customers so that we can learn from those choices.
Information collected by experience cookies cannot track your browsing activity when you leave our sites to browse other sites.
f. Marketing cookies Marketing cookies record your visits to our sites, the pages you have visited and the links you have followed. We use this information to make our sites and the advertising displayed on them more relevant to your interests. For example sometimes we use marketing cookies to limit the number of times that you see an advert. Sometimes we share information about your browsing activity, (which we have collected from cookies) with our advertising partners. They may use this information to advertise products, which may interest you, on other sites.
100% secure payments
Your payment details are entered directly on to secure servers provided by DataCash. ASDA Flowers does not see or hold your credit card details at any stage during the transaction to ensure you have 100% security and peace of mind.
You can rest assured that your personal data is safe at ASDA Flowers. We will only use it to send you our fortnightly newsletter (if you have requested it). Details of how to opt-out of our mailing list come with every newsletter. We will never disclose your personal details to a third party under any circumstances.
Last updated August 29th 2013.