Florio Designs Terms and Conditions of Use of

the Site and Provision of Services (“Terms and

Conditions”)

Introduction

This site is owned and operated by Florio Designs, (sole trader), (“Florio Designs”)

For the purposes of these Terms and Conditions, “you” means you in your capacity as user and/or purchaser. By using this site or subscribing to Florio Designs services, you accept these Terms and Conditions. If you do not accept these, please do not use the site or any of Florio Designs services.

Terms and Conditions – Use of the Site

Copyright

All copyright, database right and other intellectual property rights in all the material on the site or contained in e-mails or other communication from Florio Designs including but not limited to site design, structure, page layouts, graphical images and underlying software code (collectively the “Content”) belongs to Florio Designs or its licensors. All rights are reserved, except for the limited rights expressly granted below. You should note that some of the Content of the site may be subject to restrictions imposed by its owners who licence its use to Florio Designs.

 

Limited right to use

Subject to other third party restrictions such as those described above, you may access, print and download the Content onto electronic, magnetic, optical or similar storage media provided that:

1.     such activities are for private research, study or your own personal use only; and

2.     none of the text or associated images or graphics are modified in any way; and

3.    the text, images and graphics contained therein are not separated from each other in any way; and

4.     no part of the Content is used for any commercial purpose other than for the personal use by you or some other legal entity not extending to any display to or use involving any (paying or prepaying) customers; and

5.     all activities are conducted manually without the use of automatic software to perform multiple accesses or any other automated processing of the Content.

 

You may not otherwise copy, collect, distribute or transmit any of the Content and you may never sell or publish any of the Content, without prior written permission from Florio Designs. Any request for such permission should be addressed to Gail Florio at Florio Designs by emailinginfo@floriodesigns.co.uk   

To the extent you are permitted to reproduce any Content, you must also include in such copies all copyright, trademark or other proprietary notices contained in the Content.

Limitation of Liability – Use of Site

You agree that any material or data downloaded or otherwise obtained through the use of the site is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from downloading or use of such material or data. Florio Designs assumes no responsibility for the Content and disclaims all liability in respect of your use of it.

Users and Subscriber’s Obligations

By using the site or becoming a subscriber you agree:

·           to abide by all local laws applicable to you in the use of the site and Florio Designs service;

·           to be solely responsible for your actions and the content of your transmissions in any form through the site and the Florio Designs service;

·           not to attempt to breach any security or privacy mechanisms associated with the site or the Florio Designs service or to attempt to collect information about any other persons through the service.

Terms of Use – Florio Designs Service

Use of Service

1. Your Order

We must receive payment in full for your order before your order will be accepted by us. Once we have accepted your order and payment has been received we will confirm our acceptance of your order by sending you an email to the email address provided in your order form [or registered to your account with us]. Our acceptance of your order creates a legally binding contract between you and us. Only adults aged 18 and over are entitled to transact through this site. Anyone aged under 18 is prohibited from ordering goods using this website. By placing an order you certify that you are aged 18 or over.

2. Prices

2.1 The prices payable for goods that you order are as set out by Florio Designs at the time of your order.

2.1.1 All of our prices are GB£ – any other currency displayed on the site is for comparison only. You will be billed in GB£. If you purchase from outside the UK, currency fluctuations and credit card charges may make a difference to the amount billed to your credit/debit card.

2.2 You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website. If we are unable to deliver to your location we will notify you of this by email and invite you to chose a different delivery location [or accept a full refund/cancel your order].

3. Returns and Cancellation

Return of Goods

You shall, within seven days after delivery, inspect the order delivered and notify Florio Designs, in writing (mail@floriodesigns.co.uk), of any defects found. If you are not satisfied with the goods for whatever reason, they can be returned within 30 days of receipt for replacement, refund or gift certificate, with the exception of any bespoke or custom items. Goods must be returned in the condition received. Damaged, faulty goods, or loss/shortage in transit must be notified to Florio Designs within seven days of receipt or expected receipt of order, and if the fault was due to Florio Designs or its suppliers, Florio Designs will also reimburse you any reasonable costs in returning the goods. This does not affect your statutory rights.

Cancellation

You may cancel an order by e-mailing sales@floriodesigns.co.uk. If the order has already been dispatched, then you will need to return the products to Florio Designs within 30 days of receipt of goods in the condition received. You must follow the procedure detailed in the Return of Goods section above. Refund of the order will be made within 7 working days of receiving your cancellation, or within 7 working days of receipt of returned goods at Florio Designs in cases where the order has already been dispatched. This does not affect your statutory rights.

 

4. Cancellation by us

4.1 We will not accept and reserve the right to cancel any order between you and us if:

4.1.1 we have insufficient stock to deliver the goods you have ordered;

4.1.2 we do not deliver to your area; or

4.1.3 one or more of the items you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

4.2 If we do cancel your order we will notify you by email and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible but in any event within 5 working days of your order. We will not offer any compensation for disappointment.

 

5. Delivery to you

 

5.1 Please allow up to 14 days for delivery for items in stock. Delivery for bespoke or custom items will be quoted by email. If you need an item urgently please contact Florio Designs for availability prior to purchase, we will try to accommodate where possible.

 

5.2 We will deliver the goods ordered by you to the address you give us for delivery when you make your order. It is your responsibility to ensure that the delivery address is correct and accurate and that there will be somebody to sign for and take delivery of the goods from the delivery service, if recorded or special delivery service selected.

 

5.3 All UK deliveries will be made using either Royal Mail or other reputable courier company and charged at the rates laid out in the web site at time of purchase. If you are buying more than one item, please email Florio Designs for a combined postage amount before submitting payment.

 

All items are sent out via 1st class mail, items over £30 will be sent 1st class recorded and items over £100 via Royal mail special delivery. Non UK delivery options will be quoted by email at the time of order.

 

For any other queries please either email info@floriodesigns.co.uk or call +44 (0)7938 647542

 

5.4 If your order is returned to us because the courier or postal service could not complete delivery to you for whatever reason, you will be responsible for the additional delivery costs if the goods are re-delivered. We will contact you on the return of the goods to us by the courier or postal service and we can either arrange re-delivery of the goods or you will have the option of cancelling your order and we will reimburse your credit/debit card, less delivery fees.

 

General Use

 

Florio Designs does not provide any equipment or software enabling you to connect to the Florio Designs service; you need to provide all necessary equipment. Florio Designs is not responsible for any costs that you may incur while using the service, such as telephone bills and you are accountable for all such expenses. You are aware that Florio Designs provides no technical or customer support for any of your equipment/software or connection and we can only assist with any problems you may have relating to the service. Should you have any problems or complaints please e-mail us at info@floriodesigns.co.uk

 

Florio Designs reserves the right to modify or discontinue, temporarily or permanently, the Florio Designs service for any reason without prior notification to you. You agree that if Florio Designs exercises its rights to modify or discontinue the Florio Designs service it will not be liable to you or to any third party for anything.

 

Data submitted to us

 

Florio Designs assumes no responsibility for the deletion or failure to store any data or other information included by you when you register or otherwise use the Florio Designs service. It is your responsibility to check that the information you have provided to Florio Designs has been stored effectively.

 

Participation in promotions of advertisers

 

You agree that Florio Designs may attach adverts where applicable to any e-mails sent to you. You also agree that any response to such adverts are at your own risk, any terms and conditions attached to third party advertisers are entered into at your own risk.

 

VAT

 

VAT is included in the prices reflected on the Florio Designs site or in any correspondence from Florio Designs unless otherwise specified, and is charged at the rate then applicable, which is currently 17.5% in the UK.

 

Provision of information

 

You will promptly provide Florio Designs (free of charge) with all information and co-operation that Florio Designs may reasonably require from time to time to enable Florio Designs to proceed uninterrupted with the performance of its obligations under any agreement with you and to fulfil any orders made by you.

 

Prohibitions

 

You agree to use this service to send gifts only to people who you, in good faith, believe would like to receive them. You also agree that you will not use the Florio Designs service to:

 

• send or transmit anything that is defamatory, indecent, abusive, threatening, harmful, vulgar, obscene, hateful, or unlawful of any kind or nature;
• send or transmit anything in any form that encourages conduct that could constitute a criminal offence or give rise to any liability;
• infringe copyright or other intellectual property rights;
• abuse the legal rights of third parties including any rights of privacy or confidentiality;
• violate any applicable laws, codes or regulations;
• stalk, threaten, abuse or harass anyone who you are reasonably aware would not wish to receive gifts from you; or
• create a false identity with the intention of misleading others.

 

Florio Designs is under no obligation to send or monitor the contents of correspondence sent using its service and is not liable in any way for the content of correspondence sent using this service. Florio Designs, however, reserves the right to refuse to deliver any correspondence that in its reasonable opinion is in breach of these Terms and Conditions. Florio Designs may disclose any information that it deems necessary to satisfy any applicable law, regulation, code, legal process or government request.

 

Assignment/subcontracting

 

You shall not assign or delegate all or any of your rights or obligations under any agreement with Florio Designs without Florio Designs prior written consent, such consent not to be unreasonably withheld.

 

Florio Designs shall have the right to assign, subcontract or transfer all or any of its rights and obligations under any agreement with you to any person save that where that person is not an associated company Florio Designs shall notify you prior to exercising this right.

 

Limitation of Liability – Provision of Services

 

Florio Designs shall not be liable for any loss or damage sustained or incurred by you or any third party unless it is caused by the negligence or wilful misconduct of Florio Designs or its employees and then only to the extent not excluded by these Terms and Conditions and/or any applicable other agreement with you. Florio Designs shall indemnify you and keep you fully and effectively indemnified against any loss of or damage to any property or injury to or death of any person caused by any negligent act or omission or wilful misconduct of Florio Designs, its employees, or by any breach of its contractual obligations. Except in respect of injury to or death of any person, for which no limit applies, the respective liability of Florio Designs in respect of each event or series of connected events shall not exceed £250,000 or the Price of the particular order from which such liability arose, whichever is the greater. This does not affect your statutory rights.

 

Other terms and conditions applicable to your

Use of the Site and of the Florio Designs service

 

Payment

 

Payment for goods and Florio Designs services is required at point of sale. Goods will not be dispatched and services will not be supplied until payment is received via paypal and/or a cheque received and cleared or a bank transfer.

 

Indemnity

 

You agree to indemnify and hold Florio Designs, its partners, affiliates, officers and their employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the site or the Florio Designs service, the violation of these Terms and Conditions by you, or the infringement by you, or others using your subscriber’s account, of any intellectual property or other right of any person or entity.

 

Warranty Disclaimer

 

Florio Designs uses reasonable efforts to obtain data from reliable sources and to keep the Content reasonably accurate and up to date. Florio Designs does not endorse or represent the accuracy, truthfulness or reliability of any information provided on or by means of the site or in any other communication with you. The Content is intended for your general information and use. You should not rely on the Content in making any specific decisions especially important personal, financial or business decisions. You agree to consult professional organisations for important advice that is specifically tailored to your particular circumstances. Florio Designs shall not be liable for any typographical or other errors or omissions in the Content.

 

Florio Designs hereby excludes to the extent permitted by law any and all warranties, representations, conditions and other terms whether express or implied statutory or otherwise concerning your use of this site including but not limited to implied terms as to quality, fitness for a particular purpose, title and non-infringement of third party intellectual property rights. In particular, Florio Designs makes no warranty that your use of the site and/or the Florio Designs services will be uninterrupted, timely, secure or error free.

 

Links

 

All links that connect this site with other sites or contained in correspondence from Florio Designs are provided solely for your convenience and information and Florio Designs does not endorse or recommend any such sites.

 

Breach of any of these Terms and Conditions

 

In the event of you being in breach of any of these conditions, Florio Designs shall be entitled to refuse to supply you or your list with any further goods, or suspend delivery until all breaches have been remedied.

 

Termination

 

You agree that Florio Designs may, at its sole discretion, terminate your use of the Florio Designs site and/or service at any time and for any reason.

 

Statutory Rights

 

These Terms and Conditions do not affect your statutory rights, and if any term or condition is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provisions in question shall not be affected.

 

Force majeure

 

Neither party shall be liable to the other under these Terms and Conditions or any other agreement between the parties, for any loss or damage which may be suffered by the other party due to any cause beyond the first party’s reasonable control including without limitation any act of God, exceptionally severe weather, failure of shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance (other than those of the parties), the act or omission of government, highways authorities, other telecommunications operators or administrations or other competent authority, war, military operations, acts of terrorism or riot.

 

Applicable laws

 

These Terms and Conditions, the site, its Content, the provision of Florio Designs services and all use of the site and services shall be governed by English Law, and you and Florio Designs submit to the exclusive jurisdiction of the English courts (save that Florio Designs may take action in relation to enforcement of its intellectual property and other rights in any court worldwide). Those who choose to access the site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. You may not use the Florio Designs site to do anything that is not lawful in the place where you access the site