TERMS & CONDITIONS
1. INFORMATION ABOUT US
1.1 Palette Gift Box is the trading name of Palette. When we mention “Palette”, “we”, “us” or “our” in these Terms, we are referring to Palette Gift Box.
1.2 We operate the Palette website www.palettegiftbox.co.uk.
1.3 To contact us, please see our Contact page or email us at firstname.lastname@example.org
1.4 These Terms and Conditions govern the relationship between us and our users. By using or accessing or visiting our site, you agree to be these Terms and Conditions. Please review these Terms and Conditions carefully and make sure that you understand them before using the website and/or making an order. If you do not agree to these Terms and Conditions, you must cease use of the website and must not make an order through the website.
2. CUSTOMER SERVICE
2.1 If you are unhappy for any reason with your purchase, please email , quoting your order number and we will do our utmost to get this resolved quickly. Orders are unfortunately not able to be cancelled once payment has been processed.
2.2 We only send the freshest, most beautiful flowers we can. If you’re ever unhappy with the freshness and we agree that they’re not up to scratch, we will, at our discretion, offer you a discount on your next delivery, or send out a replacement box on the next available date.
2.3 Any discount code is limited to 1 use per per customer/ account/ address. Palette reserves the right to change the offer at any time, but will honour previous code redemptions in these cases. If we believe you are not using the codes in align with our Terms & Conditions, we reserve the right to close any account without question.
2.4 We’re a small business – please don’t take advantage! All offer codes are active for 3 months from the date of issue, unless otherwise specified.
2.5 If we have to cancel an order before the Product is delivered, due to an Event Outside Our Control or the unavailability of stock, we will contact you promptly. If we have to cancel an order in these circumstances and you have made any payment in advance for Products that have not been delivered to you, we will refund these amounts to you as soon as possible.
3.1 We may revise these Terms from time to time.
3.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
3.3 Whenever we revise these Terms in accordance with this clause 3, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the bottom of this page.
3.4 We have taken care with the descriptions and specifications of our products and to reproduce colours and styles accurately on our website, although some variation may occur. The variety and colour of the roses included in our gift boxes may vary from box to box.
4. PRICES & PAYMENTS
4.1 The prices of the Products will be as quoted on our site from time to time. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 4.3 for what happens in this event.
4.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Confirmation email, unless of an error (4.3).
4.3 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. In all circumstances please note that if the pricing error is obvious and unmistakeable 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.
4.4 Products can be withdrawn from the Website at any time. We will not be liable to anyone for withdrawing any Products from the website or for refusing to process an order.
4.5 The prices payable for the gift boxes are as set out in our website. Payment for the whole price of the gift boxes is taken in full at point of ordering. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form.
4.6 If you ever want to make a change or request a refund, please contact us immediately at email@example.com and we will endeavour to assist you.
4.7 If you fail at any time to pay any charges due in accordance with these terms and conditions we may, in our discretion and without prejudice to our other rights, refuse to provide you with our goods. We need not provide you with advance notice in such circumstances.
4.8 We use third party payment processing services to process payments through our website and do not make any representation or warranty with regard to their service.
4.9 We currently accept all major credit cards including VISA and MasterCard, as well as Paypal. Our e-commerce platform is using WIX Payments for a trustworthy and secure check out process. If you create an account and enter your payment details, your card will be stored securely by WIX Payments so that you can check out on future visits without re-entering your card details. We never store or have access to your credit or debit card details.
4.10 You may only use one discount code per transaction. Our welcome code is limited to new customers only and one per customer only. All discount codes are one use per customer only, unless otherwise stated.
5.1 You will receive your deliveries from a third party courier service. Unfortunately we cannot guarantee delivery times.
5.2 Delivery will be made as soon as possible after your order is dispatched. We aim to ship all gift boxes within 4 working days.
5.3 Please note deliveries are not carried out on Saturdays, Sundays or Mondays.
5.4 A delivery fee for UK delivery (excluding The Highlands and Islands of Scotland, Northern Ireland, Isle of Man and Isles of Scilly) is included in the price of all our gift boxes. More information on our delivery methods can be found in our Delivery & Returns section on the website.
5.4 We shall have no liability to you for any failure to deliver goods and/or services you have ordered or any delay in doing so or for any damage or defect to services delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
6.1 Palette will sometimes use your email address to make contact with you, primarily to discuss order queries. If you wish to make any changes about the way you are contacted by Palette then please get in touch and we will manage your preferences.
7. COPYRIGHT & MISUSE
7.1 Please do not misuse the website by introducing viruses or harmful code. Please do not republish, edit or modify any material or content on the website. All rights in the design, text, imagery and other material on our site and the selection or arrangement thereof are the copyright of us, the seller or other third parties.
7.2 We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide the service to any user that is in breach of these terms and conditions of use.
7.3 We reserve the right at any time without notice to revise the content of our site (including the goods offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use.
8. OUR LIABILITY
8.1 Except as may be implied by law, in the event of any breach of these Terms by us, our liability is limited to the value of the Products and/or services we supplied. Under no circumstances shall we be liable for any indirect, incidental or consequential loss or damage whatsoever.
8.2 We only supply the Products to you for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. You agree to NOT consume the products if for any reason you believe they are not at the right temperature or not fit for consumption.
8.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
9. EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control (defined below).
9.2 An Event Outside Our Control means any act, event, omission or accident beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, malicious damage, act of God, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, compliance with any law or governmental order, rule, regulation or direction, or failure of a utility service or public or private telecommunications networks or impossibility of motor transport or other means of private transport, breakdown of plant or machinery or default of suppliers or subcontractors.
9.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
10. OTHER IMPORTANT TERMS
10.1 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
10.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
10.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.4 Please note that these Terms are governed by English law. This means that a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
Updated December 2020
Palette Gift Box will sometimes use your email address to make contact with you, primarily to discuss order queries. If you wish to make any changes about the way you are contacted by Palette Gift Box then please get in touch and we will manage your preferences.
Our website payment provider is WIX payments. Payments are accepted from all major credit and debit cards: Visa, Mastercard, Discover, AMEX, Diners, CUP, JCB and Maestro.
Our website also supports payments via Paypal.