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Albus & Flora (“We”) welcome you to the Albus & Flora website (the “Site”) located at www.albusandflora.com. By accessing, browsing or using this Site, you acknowledge that you have read, understood and agreed to be bound by these Terms & Conditions of Use (these “Terms”). If you do not agree to these Terms, you should not use or access this Site. If you have any questions, please contact customer services.
Albus & Flora reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
A. Site Usage
You may use the Site only for your own non-commercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site.
We require all users of the Site (“Users” also referred to herein as “You” or “Your”) to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
posting any information which is untrue, libelous, blasphemous or causes annoyance, inconvenience or needless anxiety to any person.
posting information that is obscene or in breach of racial or religious hatred or discrimination legislation;
engaging in conduct that would constitute a criminal offence or breach of court order or give rise to civil liability or otherwise violate or incite to violate any law or regulation;
promoting any site or service other than the Albus & Flora site and Albus & Flora services;
attempting to interfere in any way with the Site’s or Albus & Flora’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
B. Membership of the Site
You are invited to become registered users (“Members”) of this Site. You must be aged 13 or over.
Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
You are responsible for maintaining the confidentiality of your Member account and password. You agree to accept responsibility for all activities that occur under your Member account or password. You agree to immediately notify us in the event of any unauthorized use of your Member account or other breach of security.
Albus & Flora reserves the right to revoke your Member account for any reason at any time including as a result of a violation of these Terms of the Privacy Policy, without notice.
C. Product Information
Excluding any content that may be submitted by Users and Members from time to time, Albus & Flora strives to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies that Albus & Flora may correct without liability. We do not guarantee that all products described on our Site will be available, but make every effort to ensure availability of full product ranges at all times.
All prices shown are inclusive of VAT at current rates and are exclusive of delivery charges. Albus & Flora reserves the right to change the prices for products at any time, but changes will not affect customer orders that have already been paid for. We are under no obligation to supply products to you at incorrectly stated prices, even after we have sent you an order confirmation (as defined above) if the pricing error could be identified as a mispricing by a person acting reasonably.
D. Orders
We must receive full cleared payment for an order before we dispatch your order. You can pay using any major credit, debit card or PayPal. All credit or debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, we won’t be liable for any delay or non-delivery. All payments will be processed securely through PayPal.
Albus & Flora reserves the right to limit quantities purchased and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged).
If we are unable to fulfill your order within two business days of receiving your payment, we will contact you by email or telephone advising you of this. In this event we cancel your order and will fully refund you, free of charge.
E. Delivery
We specify the method and address for delivery when you make your order. Risk of damage or loss of the products passes to you on delivery.
Deliveries can be made within the UK and Channel Islands, and to Europe and Worldwide. We use Royal Mail to deliver all orders and not all of our delivery options are available to all areas of the UK and Channel Islands.
We will deliver your order in accordance with the delivery option selected by you. Please view our delivery options for full details. Whenever referred to, working days exclude Saturday, Sunday and Bank holidays. If you have specified delivery to more than one address when placing your order there is a separate charge for each destination address. Any delivery timescales are indicative only. Time is not of the essence.
Upon delivery of your order to you, we will provide you with sufficient information to enable you to exercise your statutory right of refund or replacement and address any intended cancellation to the correct addressee or to return your product(s). For further information please see the Returns Policy.
F. Proprietary Rights
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of Albus & Flora or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws.
You may view, print and download the contents for personal use only. The contents must not be used for commercial purposes or incorporated in any publication in any form. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site.
Albus & Flora is a registered trademark and the Albus & Flora logo is a trademark of Albus & Flora Ltd; “every day, every season, every adventure” and “beauty in small things” are registered trademarks of Albus & Flora. All Trademarks associated with Albus & Flora Ltd. are protected by UK and international trademark laws. All of our Site’s content is Copyright Albus & Flora Ltd., 2016, all rights reserved.
G. Disclaimers
You assume all responsibility and risk with respect to your use of the Site.
The site, and all content, products, and other information on or accessible from or through this Site or a “linked” site are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy. Specifically, but without limitation, Albus & Flora does not warrant that: (1) the information on this site is correct, accurate or reliable; (2) the functions contained on this site will be uninterrupted or error-free; or (3) defects will be corrected, or that this site or the server that makes it available is free of viruses or other harmful components.
Albus & Flora makes no warranties of any kind regarding any non-Albus & Flora sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Albus & Flora makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Albus & Flora sites. Albus & Flora does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
H. Indemnification
You agree to indemnify, hold harmless, and defend Albus & Flora, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site, your violation of these Terms or the Privacy Policy content posted to the Site by you, or your violation of any law or the rights of a third party.
I. Liability
In no event shall Albus & Flora, its affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates, or third parties providing information on this site be liable to any user of the Site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, or loss of use) arising out of the use or inability to use the Site, whether based upon warranty, contract, tort, or otherwise, even if Albus & Flora has been advised of or should have known of the possibility of such damages or losses. In no event shall the total liability of Albus & Flora, its affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates or third parties providing information on this site to you for all damages, losses, and causes of action resulting from your use of this site, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount you paid to Albus & Flora in connection with the event giving rise to such liability.
You hereby acknowledge that the preceding paragraph shall apply to all content, products and services available through the Site.
J. International Use
Albus & Flora controls and operates the Site from the United Kingdom. We make no representation that materials on the Site are appropriate or available for use outside the United Kingdom. If you choose to access this Site from outside the United Kingdom, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
K. Copyright infringement, notice & take down Procedures
Albus & Flora specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should send written notification of the copyright infringement claim to the following address: Albus & Flora, 122 Feering Hill, Colchester, Essex, CO5 9PY, UK
Albus & Flora will process notices of alleged infringement that it receives and will take appropriate action as suggested by the UK Digital Economy Act 2010. To be effective, the notification of alleged copyright infringement must be in writing and contain the following information:
physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
information reasonably sufficient to permit Albus & Flora to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
L. Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.
M. Severability
If a provision of these Terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
N. Exclusion of third party rights
These Terms of use are for the benefit of You and Albus & Flora, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.
O. Entire agreement
These terms of use, together with our Returns Policy, Privacy Policy and Cookie Policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
P. Law and jurisdiction
These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Q. Our Details
The full name of our company is Albus & Flora Ltd.
Our company registration number is 08674540.
Our registered address is Albus & Flora Ltd., 122 Feering Hill, Colchester, Essex, CO5 9PY, UK.
Our e-mail address is info@myshowcase.com.
Updated: July 2016