Welcome to the website of Whrixxenighimox ("we", "us", "our") at whrixxenighimox.ddd. These Terms of Use, together with our Privacy Policy, Cookies Policy, Return Policy and any other policies or documents referred to herein, constitute the entire agreement between you and us and govern your access to and use of our website and the information, content and services we offer in connection with our floristry, bouquet design and flower subscription business. By accessing or using our website or by placing an order with us, you confirm that you have read, understood and agree to be bound by these Terms of Use. If you do not agree to these Terms, you must not use our website or place any orders with us. We recommend that you print or save a copy of these Terms for your records.
1. About Our Services
Whrixxenighimox is a floristry and bouquet design business operating from 158 Long Ln, London SE1 4BS, United Kingdom. We provide fresh flowers, hand-tied bouquets, seasonal flower arrangements, luxury bouquets, wedding and event flowers, and flower subscription services. We serve customers primarily in London and selected surrounding areas; our delivery zone and any restrictions are described on our website and at the point of checkout.
The descriptions, images, colours and prices of bouquets and arrangements displayed on our website are for information and illustration purposes only. Because flowers are natural products, actual bouquets may vary slightly in appearance, size, colour intensity and variety due to seasonal availability, growing conditions and the natural variation of blooms. We reserve the right to substitute flowers of equivalent or higher value where a specific variety is unavailable, and to make minor adjustments to arrangements to reflect the best seasonal selection. Photographs are representative; we do not guarantee that your bouquet will match the image exactly. If you have specific requirements (e.g. for allergies or a particular colour scheme), please contact us before ordering so that we can advise on availability and options.
2. Use of the Website
You may use our website only for lawful purposes and in accordance with these Terms. You must not use our website in any way that violates any applicable law or regulation in the United Kingdom or in the jurisdiction from which you are accessing the site, or that could damage, disable, overburden or impair our servers, networks or systems or interfere with any other party's use of the website.
2.1 Prohibited Uses
You agree not to: (a) use the website to transmit any material that is defamatory, offensive, discriminatory, obscene, threatening or otherwise unlawful; (b) impersonate any person or entity or misrepresent your affiliation with any person or entity; (c) attempt to gain unauthorised access to any part of our systems, other users' accounts (if applicable), or any data we hold, including by hacking, password mining or any other means; (d) use any automated means (including robots, spiders, scrapers or similar technology) to access, monitor or copy any part of the website or its content without our prior written consent; (e) introduce any viruses, malware or other malicious or technologically harmful material; (f) use the website for any commercial purpose other than purchasing our products or services (e.g. you may not resell or frame our content without permission); or (g) use the website in any way that could harm our reputation or that of our partners or customers. We may suspend or terminate your access to the website at any time if we reasonably believe you have breached these Terms, and we may report any unlawful activity to the relevant authorities.
3. Orders and Formation of Contract
When you place an order for bouquets, arrangements or subscription services through our website or by contacting us directly (e.g. by phone or email), you are making an offer to purchase the relevant products or services on these Terms. All orders are subject to acceptance by us. We are not obliged to accept any order and may refuse or cancel an order at our discretion.
3.1 Acceptance and Contract Formation
A binding contract between you and Whrixxenighimox is formed when we accept your order. Acceptance may be communicated by us sending you an order confirmation email, by us confirming the order by phone or in writing, or by us proceeding to prepare or dispatch your order. If we are unable to accept your order (e.g. due to stock unavailability or an error in pricing), we will inform you and will not charge you, or we will refund any payment already taken.
3.2 Capacity
By placing an order, you confirm that you are at least 18 years of age (or the age of majority in your jurisdiction), that you are legally capable of entering into a binding contract, and that the information you provide to us (including your name, address and payment details) is true, accurate and complete. You are responsible for ensuring that the delivery address and any recipient details you provide (including for gift orders) are correct. We will not be liable for failed or misdirected delivery where you have provided incorrect or incomplete details.
3.3 Cancellation of Orders by Us
We reserve the right to refuse or cancel any order in circumstances including but not limited to: suspected fraud or unauthorised use of a payment method; an error in the price or product information displayed on the website; inability to source the flowers or fulfil the order; your breach of these Terms; or where we are required to do so by law. If we cancel an order after payment has been taken, we will refund you in full using the same payment method. We are not liable for any indirect loss (such as disappointment or inconvenience) arising from such cancellation, except where required by law.
4. Prices and Payment
All prices displayed on our website are in British Pounds Sterling (GBP) and include VAT at the applicable rate where required by law, unless otherwise stated. Prices are correct at the time of publication but we reserve the right to amend prices without notice. The price payable for your order is the price displayed at the time you submit your order, subject to our acceptance. In the event of an obvious pricing error (e.g. a bouquet displayed at an incorrect price due to a technical fault), we are not bound to supply at that price and will inform you and either cancel the order or offer to supply at the correct price.
4.1 Delivery Charges
Delivery charges may apply depending on your location and the size of your order. The applicable delivery charge (if any) will be shown at checkout or communicated to you before you confirm your order. For subscription services, delivery may be included within our standard delivery zone or charged in accordance with the subscription terms we have agreed with you.
4.2 Payment Methods and When Payment is Taken
We accept the payment methods indicated on our website or at the time of order (e.g. credit or debit card, or other methods we make available). By providing payment details, you confirm that you are authorised to use them and that you have sufficient funds or credit to cover the order. Payment for one-off orders is typically taken at the time you place the order or when we confirm the order. For subscription services, payment will be taken in accordance with the frequency you have chosen (e.g. weekly or fortnightly) until you cancel. If a payment fails (e.g. card declined or expired), we may contact you to request alternative payment; we reserve the right to suspend or cancel the order or subscription if payment is not received.
4.3 Price Changes for Subscriptions
We may vary subscription prices from time to time (e.g. due to changes in the cost of flowers or delivery). We will give you reasonable notice of any price increase before it takes effect. If you do not wish to accept the increase, you may cancel your subscription before the increase applies. Continued use of the subscription after the new price takes effect constitutes acceptance of the new price.
5. Delivery
We deliver bouquets and flower arrangements to addresses within our delivery area as described on our website and at checkout. Delivery areas may be subject to change; we will inform you at the time of order if we cannot deliver to your postcode.
5.1 Delivery Dates and Timeframes
Any delivery date or timeframe we give you is an estimate only. We will use reasonable endeavours to deliver on the chosen date but we do not guarantee delivery by a specific time. Delivery may be affected by factors outside our control (e.g. traffic, weather, courier availability). If we anticipate a significant delay, we will contact you where possible to let you know.
5.2 Risk and Title
Risk in the products passes to you upon delivery (i.e. when the flowers are delivered to the address you specified or left in a safe place in accordance with the courier's procedures). Title in the products passes to you when we receive full payment for them. Until then, the products remain our property.
5.3 Failed Delivery and No One Available
If no one is available at the delivery address to receive the order, our courier may leave the flowers in a safe place (if they consider it appropriate and if you have authorised this), attempt redelivery on a subsequent day, or return the order to us. The exact procedure depends on our courier's terms and the instructions you have given. We are not liable for flowers that perish or are damaged after a failed delivery attempt where you did not provide adequate access or instructions. For gift orders, we will use the delivery instructions you provide; it is your responsibility to ensure the recipient is aware of the delivery and can accept it.
5.4 Delays Beyond Our Control
We are not liable for any failure or delay in performing our obligations where the failure or delay results from circumstances beyond our reasonable control (e.g. natural disaster, severe weather, pandemic, strike, failure of suppliers or couriers, government action). In such circumstances we may suspend or extend the time for performance. If the delay is substantial and we are unable to fulfil your order within a reasonable time, you may cancel and we will refund any amount paid for the undelivered order.
6. Flower Subscriptions
Our flower subscription service allows you to receive regular deliveries of fresh, seasonal flowers. Subscription terms are set out in these Terms and in any specific subscription terms we communicate to you when you sign up.
6.1 Nature of the Subscription
Subscriptions are ongoing until cancelled by you or by us. You may cancel or pause your subscription at any time by contacting us (e.g. by phone or email). The cancellation or pause will take effect from the next billing or delivery cycle unless we agree a different date with you. We do not refund subscription fees for deliveries that have already been made or for the current period once the flowers for that period have been dispatched.
6.2 Seasonal Selection
Each subscription delivery is made using seasonal flowers. The exact varieties, colours and types of flowers will depend on availability and the time of year. We will endeavour to match any preferences you have given us (e.g. colour palette, no strong fragrance) but we cannot guarantee specific flowers in every delivery. If you have particular requirements (e.g. allergy to certain flowers), please tell us and we will do our best to accommodate you where possible.
6.3 Price Changes
We may vary subscription prices on reasonable notice as set out in section 4.3. If you cancel in response to a price increase, the cancellation will take effect at the end of the current billing period and you will not be charged the increased price for future periods.
7. Intellectual Property
All content on our website (including but not limited to text, graphics, logos, images, photographs, product descriptions, layout and design) is owned by or licensed to Whrixxenighimox and is protected by copyright, trade mark and other intellectual property laws in the United Kingdom and internationally. You may view and download content for your personal, non-commercial use only. You may not copy, reproduce, modify, distribute, display, perform or create derivative works from our content, or use it for any commercial purpose, without our prior written consent. The name "Whrixxenighimox" and our logo and other branding are our trade marks (or our licensors'); unauthorised use is prohibited and may constitute infringement. If you wish to use any of our content or branding (e.g. for a review or feature), please contact us for permission.
8. Disclaimer
Our website and the information, content and materials on it are provided on an "as is" and "as available" basis. We do not warrant that the website will be uninterrupted, error-free, secure or free of viruses or other harmful components. We make no representations or warranties (express or implied) about the accuracy, completeness or suitability of the information on the website, including product descriptions and imagery. Flowers are natural products and may vary; we do not guarantee that your bouquet will match any photograph or description exactly. To the fullest extent permitted by applicable law, we exclude all implied warranties, conditions and terms. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by law.
9. Limitation of Liability
To the fullest extent permitted by applicable law, Whrixxenighimox shall not be liable for any indirect, incidental, special, consequential or punitive loss or damage, including but not limited to loss of profits, revenue, data, goodwill or business opportunity, or any loss or damage arising from your use of or inability to use the website or our services, even if we have been advised of the possibility of such loss. Our total aggregate liability to you in respect of any order or any use of our services (whether in contract, tort including negligence, or otherwise) shall not exceed the amount you paid to us for the relevant order or subscription in the twelve months preceding the claim (or, if no payment was made, one hundred pounds sterling). We are not liable for any loss or damage to flowers after delivery, or for any failure or delay caused by circumstances beyond our reasonable control. These limitations apply except where prohibited by law.
10. Indemnity
You agree to indemnify and hold harmless Whrixxenighimox, our directors, employees and agents from and against any claims, damages, losses, liabilities and expenses (including reasonable legal fees) arising out of or in connection with your use of the website or our services, your breach of these Terms, or your violation of any law or the rights of a third party.
11. Third Party Links
Our website may contain links to third party websites (e.g. payment providers, delivery tracking services or mapping services such as Google Maps). We do not control and are not responsible for the content, privacy practices, availability or accuracy of those sites. Links are provided for your convenience only and do not imply our endorsement of the linked site or any association with its operators. Your use of third party sites is at your own risk and is subject to their terms and policies. We encourage you to read the terms and privacy policy of any third party site you visit.
12. Complaints
If you have a complaint about our products or services, please contact us using the details in section 14 below. We will endeavour to respond promptly and to resolve the matter fairly. If you are a consumer and we cannot resolve your complaint, you may have the right to refer the dispute to an alternative dispute resolution scheme or to the courts. Your statutory rights are not affected by these Terms; please see our Return Policy for information about refunds and your rights in relation to the quality of goods.
13. General Provisions
These Terms are governed by the laws of England and Wales. Any dispute arising out of or in connection with these Terms or our website or services shall be subject to the exclusive jurisdiction of the courts of England and Wales, except that we may bring proceedings in the courts of your country of residence if you are a consumer. If any provision of these Terms is held by a court to be invalid or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision does not waive that right or provision. No waiver shall be effective unless in writing. We may assign or transfer our rights and obligations under these Terms to another entity (e.g. in the event of a sale of our business); you may not assign your rights without our consent. We may amend these Terms at any time by posting the updated version on this page. Your continued use of the website or services after the changes take effect constitutes your acceptance of the amended Terms. We recommend that you review these Terms periodically. These Terms, together with the documents referred to in them, constitute the entire agreement between you and us relating to the subject matter and supersede any previous agreements or understandings.
14. Contact Us
For questions about these Terms of Use or our services, please contact us at: Whrixxenighimox, 158 Long Ln, London SE1 4BS, United Kingdom. Telephone: +442074071666. You can also use the contact form on our website at whrixxenighimox.ddd. We will respond to your enquiry as soon as reasonably possible.