Terms and Conditions

1.1 janwatters.com is owned and operated by JWF whose business address is:-

9 Front Street, Cleadon Village, Tyne & Wear, SR6 7QE
VAT Registration Number: 889 0478 64

1.2 These Terms and Conditions govern your use of the www.janwatters.com (JWF), and your relationship with the website operator.
1.3 The purpose of this website is to retail flowers and other products.
1.4 JWF and the Products are intended for and directed solely at those who access JWF from the United Kingdom. If you are accessing JWF from a location outside the UK, you are responsible for complying with the laws which apply in that jurisdiction.
1.5 These Terms and Conditions take precedence over and exclude any terms and conditions which you may introduce.
1.6 We reserve the right to update or modify these Terms and Conditions. Any changes to these Terms and Conditions will be posted on this Site. The change of Terms and Conditions shall not affect the existing Terms and Conditions accepted by you upon making a purchase using the Site.

2. Definitions
2.1 Throughout the Terms and Conditions, when we refer to ‘we’, ‘us’, ‘our’ etc., we are referring to JWF. When we refer to ‘you’ etc. we are referring to you the customer.
2.2 In these Terms and Conditions: – ‘Contract’ shall mean a contract concluded between JWF and you. ‘Delivery’ shall mean delivery of the Order in accordance with Clause 8 of these Terms and Conditions ‘Products’ shall mean the goods and products available from JWF which are supplied to you; ‘Order’ shall mean your order for Products received by email to us directly or made on JWF.

3. Registration
3.1 When you register with JWF you must ensure that the details provided by you on registration or at any time are correct and accurate. You must provide the correct address for any credit card or debit card you use to make any payments to JWF.
3.2 The provision of fictitious or incorrect address details may be reported to law enforcement or other relevant authorities for the purposes of combating internet-based credit card fraud in accordance with our Privacy Policy.
3.3 When you register to use JWF we ask that you create a password. You must take all reasonable steps to keep this password secure, and must not let anyone else use it. You are responsible for all activities and orders that are submitted using your password. If you have reason to suspect that anyone else has your password, please let us know immediately so that we can cancel it.
3.4 We may suspend or cancel your registration immediately at our discretion or if you breach any of your obligations under these Terms and Conditions. You can cancel this agreement at any time by emailing jan@janwatters.com. If you cancel, you must stop using JWF.
3.5 The suspension or cancellation of your registration and your right to use JWF shall not affect your or our rights or obligations.

4. Products and Prices
4.1 Our prices are stated in Pounds Sterling only, and are inclusive of Value Added Tax (‘VAT’) where applicable.
4.2 We have has taken all reasonable steps to ensure that the Products are described as fairly and accurately as possible. We also endeavour to ensure that price and availability information is published as accurately as possible and is kept up to date. In the unlikely event that JWF contains any inaccurate, incomplete or out of date information we shall endeavour to rectify this as soon as practicable.
4.3 We reserve the right to make changes to JWF and to details of Products without notice and with no liability on our part. All Products are subject to availability.
4.4 Please note that the images we use in this site are representations only, and should not be taken to be an accurate depiction of any particular product. We have made it a priority to show you an accurate representation of our flowers in this web site. However every monitor has a differing degree of colour accuracy for which we accept no responsibility.

5. Placing your Order
5.1 When you click the ‘Checkout button’, you will be taken through our order process. On the final screen we will show your name, billing address, deliver address, e-mail address, details of your Order and the total price payable by you. You may amend your Order or correct any of the information which you have provided to us by returning to your shopping cart or clicking on the My Account button. If you are satisfied that your personal and Order details are correct, click on Confirm. This will take you to the payment section of the Site. All payments are administered on our behalf by PayPal or PaymentSense
5.2 When you click on ‘Authorise’, your order will be sent to us. A message will appear on screen acknowledging this. Payment will be taken as soon as your credit or debit card details have been authorised. We will also send you an e-mail as soon as reasonably practicable after your Order has been sent with an order number acknowledging that you order has been received. This acknowledgment does not amount to an acceptance of you Order. Included in this confirmation e-mail will be notice that you will be unable to cancel your Order once the e-mail accepting your Order has been sent. You should read this confirmation e-mail carefully.

6. Price Correction
6.1 We will try to ensure that all prices on JWF are accurate. If any pricing errors come to our attention, by whatever means, we will take reasonable steps to inform you and we will give you the option to reconfirm the Order at the corrected price or cancel it. If we cannot contact you, the Order will be treated as cancelled. If the Order is cancelled, for whatever reason, a full refund will be made.

7. Payment
7.1 Payment can be made by any method specified in the Payment section of JWF. We take all reasonable precautions to keep your order and payment details secure, but, in the absence of negligence on our part, we cannot be held responsible for any losses incurred by you as a result of unauthorised access to the information which you have provided to us.
7.2 You confirm that the credit or debit card with which you make payment is held validly in your name. We cannot be held liable for any delays or non-delivery which may occur if credit or debit card provider does not authorise payment. You should also ensure that any information supplied by you is correct before proceeding to payment. We do not accept responsibility or offer refunds if you provide incorrect information.

8. Delivery
8.1 Delivery charges are specified in the Shipping and Returns section of JWF.
8.2 The cost of packing and delivery is shown prior to confirming your Order.
8.3 The risk in the Product shall pass to you on delivery or attempted delivery of the Product.
8.4 We aim to deliver all UK guaranteed postal delivery orders by 13:00 on the day stated by you.
8.5 Reasonable allowance should be made for orders made over the weekend and at public holidays.

9. Warranties and Liabilities
9.1 We shall use reasonable endeavour to ensure the Products are of satisfactory quality, comply with the descriptions given and are fit for the purpose for which the Products are reasonably intended. However, the Products are provided on an ‘as is’ basis and it is your sole responsibility to ensure that Products ordered are suitable for their intended purpose.
9.2 Nothing in these conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation.
9.3 Subject to conditions 10.1 and 10.2:-
(a) Our total liability to you or to any third party whether in contract, depict (including negligence), misrepresentation or otherwise, arising as a direct consequence of your (or any third party’s) use of the Products (including, without limitation, loss of business, costs or expenses) will be limited to the price of your Order; and
(b) We shall not be liable for any indirect or consequential loss or damage (including loss of profit, loss of business or otherwise), costs, expenses or other claims for consequential compensation whatsoever (however caused) which arise out of or in connection with your use of the Products.

10. Contact Details
10.1 We aim to deal with any complaints in a fair and confidential manner. Any complaints or communications should be directed to:-
Jan Watters Florist, 9 Front St, Cleadon Village, Tyne & Wear, SR6 7QE. Tel 01915196867 jan@janwatters.com

12. Chargeback Fraud
12.1 A Chargeback is a process whereby a credit card issuer reverses a transaction on the request of the card holder.
12.2 Where a chargeback is raised by or on behalf of you in a situation where an order has been delivered, has not be properly cancelled in accordance with our returns policy, is still to be delivered, or is otherwise covered by a clause or term in these terms and conditions then we shall be entitled to recover the full order cost from you by civil means. We further shall be entitled to charge you an administration fee of £30 payable immediately upon demand. Additionally, we may notify the police or other legal authorities about the chargeback filing.
12.3 For the avoidance of doubt, the administration fee shall be payable even where an order is ‘lost in the post’ at the time the chargeback process is initiated, as we make provision for how this matter is to be handled in these terms and conditions. If you are unsure of whether or not to file a chargeback we strongly advise you to discuss the matter with JWF as shown in 10.1.

13. Intellectual Property Rights
13.1 The content of JWF is protected by national and international laws and treaties. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on JWF without written permission from us.
13.2 No license is granted to you in these Terms and Conditions to use any trademark or service marks of JWF or its licensors.

14. Legal
14.1 If any provision of these Terms and Conditions are held to be invalid or unenforceable, the other provisions and the remainder of the provision in question shall remain as valid.
14.2 The contract shall be governed by and construed in accordance with the Law of England and the parties hereby agree to submit to the exclusive jurisdiction of the English courts, notwithstanding our right to take proceedings in any other court of competent jurisdiction.
14.3 Failure to enforce any right or obligation under these Terms and Conditions shall not extinguish our right to enforce the same in the future.
14.4 These Terms and Conditions contain headings and other aspects of formatting for ease of use only. No heading or aspect of formatting should be taken to form part of these Terms and Conditions.

15. Defamation
Because JWF has many products for sale on the website and hosts many comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed at all times. Accordingly, JWF Flowers operates a notice and takedown policy. If you believe any content advertised for sale on the website contains a defamatory statement, please notify us immediately on jan@janwatters.com .Once notified we will make all reasonable endeavours to remove the defamatory content complained about in a reasonable time. JWF reserves the right to take down any comments we find inappropriate.

Online Dispute Resolution
If you have a problem regarding a product or service that you have bought, you can settle your dispute out-of-court through an Alternative Dispute Resolution or Online Dispute Resolution (ADR / ODR) procedure.