1 TERMS - RETAIL PRODUCTS ONLY.
By placing an order for any of our products, you agree to be bound by these Terms of Sale.
1.2 If you place an order through our website, you will be asked to tick a box on the final page of the checkout section to confirm that you accept these Terms of Sale before you can proceed with your order.
2. INFORMATION ABOUT US
2.1 www.lubilu.com is a website operated by Lubu Lu Events Limited, a private limited company incorporated and registered in England and Wales, whose registered office is at Bank Chambers 93 Lapwing Lane Manchester M20 6UR United Kingdom. Our company registration number is 07912345.
2.2 If you need to contact us, please telephone us on +44 (0) 203 305 7574 or email us at firstname.lastname@example.org
3.1 Our aim is to bring you beautiful high-quality floral designs via an excellent service.
3.2 Lubi Lu offers an ordering and delivery service in London. Operating hours will vary depending on local trading conditions. Please click on the relevant link to view the options for each product on our website, and then click on your chosen option – you will then be able to submit your order.
3.3 When you place an order for our products via the website (or any other method), we will send you an email thanking you for your order and confirming your order and payment has been received and accepted by us (the “Confirmation Email”). The contract for the supply of any products will be between you and us and will only be formed when you have been sent the Confirmation Email.
3.4 Please ensure that you have given us a correct email address and telephone number as this is how we will communicate with you about your order. Upon receipt of the Confirmation Email, please check the Order details for accuracy and let us know immediately if there are any errors.
3.5 We will advise you in the Confirmation Email of the intended delivery date. If you place an order through our website,
you will be able to select your preferred delivery date.
3.6 Our aim is to provide the best delivery service possible. Unfortunately, things do not always go to plan and factors, such as traffic conditions and weather, may occasionally prevent us from achieving our targets in this regard. The timing of your delivery will be determined taking into account the number of orders and the circumstances being faced by us at that time.
3.7 Inaccuracies in your details may lead to problems or delays in delivery so please ensure that you have included in your order the full delivery address details, including an accurate postcode, of the intended recipient and a valid telephone number so that your order arrives to the correct location and we can notify you if we encounter any delivery difficulties.
If the intended recipient does not open the door or respond to telephonic correspondence within 10 minutes of our delivery drivers physically reaching the delivery address, we reserve the right to leave the premises, and you will be charged for any redelivery.
3.8 Lubi Lu seeks to provide a quality service and should be the first point of contact in the event that there is a problem with your products or delivery with regards to quality and/or substance. We do monitor our deliveries very closely and it is of utmost importance to us that they comply with our standards and help us to maintain our reputation. Please check your delivery immediately after it arrives and let us know if you have any issues by emailing or calling us.
4.1 All orders of flowers are subject to availability. You understand and accept that flowers are natural products and some variation in size, colour, shape and length of life is to be expected and that they might vary slightly from the specifications.
In the event of any supply difficulties, you acknowledge and agree that, at our sole discretion, we may substitute an ingredient or component with one of similar value and quality without notice.
4.2 Please call us prior to ordering if you have an allergy. We cannot guarantee that any of the flowers supplied by us are free of allergens. Some flowers may be harmful or poisonous. If you require further information before submitting an order, please contact us.
4.3 In order to get the best out of your flowers, please follow any maintenance guidelines or instructions that we may
give to you.
4.4 Please note that fresh flower arrangements last an average of 5 to 6 days if properly cared for and our maintenance guidelines are followed. However, some seasonal flowers may only last 3 to 4 days; this is a characteristic of the flower. Assuming that your flowers are properly maintained in accordance with our guidelines, we only guarantee our flowers for these time periods.
4.5 Please note that the images of the flowers and bouquets on our website are for illustrative purposes only and demonstrate the Medium size bouquet. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the flowers. Your flowers may vary slightly from those images. Please refer to the product descriptions on the website which will set out full details of the product.
5. PRICE AND PAYMENT
5.1 Prices listed on our website (or provided to you by any other method) include VAT and exclude delivery unless otherwise stated. If a delivery charge applies to your order, you will be notified during the ordering process and in the Confirmation Email that we send to you.
5.2 Whilst we will try to ensure that all prices on our website are accurate, errors may occur. We will normally verify prices as part of the order process. In the event that a product you have ordered is listed at an incorrect price due to a typographical or administrative error, we will notify you of the correct price before dispatching your order and you will have the option of cancelling your order.
5.3 Prices will vary between menus and options on our website. Prices are also liable to change at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation Email, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your order once we notify you in such circumstances.
5.4 Payment for our products can be made by credit or debit card through our website or over the telephone. Once your order has been confirmed, your credit or debit card will have been authorised and the amount marked for payment.
6.1 Should you cancel your order before it has become a Started Order (as defined in Section 7.1 below), we will refund
6.2 In addition, subject to what we say in Section 4.4 above, if your order is incorrect or faulty, you will be entitled to a refund or replacement product. However, if there is a problem, you must let us know within one hour of receiving the order, due to the perishable nature of our products and in order to assist us in resolving any complaints quickly. You may not be eligible for a refund if you fail to notify us within this timescale.
6.3 Where there is a query regarding a refund, we will seek to review each situation and try to find an amicable solution. However, our decision on such matters will be final.
7.1 Orders may be amended or cancelled before we start to process and prepare the order. You can cancel an order by contacting us by email or telephone. Once we have started to process and prepare the order, it will be a “Started Order”
and if you cancel a Started Order, you will be charged for that order in full and not be entitled to any kind of refund. If you cancel an order that is not a Started Order, you will not be charged for the order and, if you have paid, will be entitled to a refund using the same method of payment. Please note that we will decide, at our sole discretion, whether an order is a Started Order.
7.2 We may cancel an order at any time (if, for example, the product you ordered is not available, we are unable to obtain authorisation for your payment or a price or product description error is identified) and will let you know if we cancel an order. In such circumstances, you will not be charged for the order that has been cancelled by us and, if you have already paid for the order, you will be entitled to a refund using the same method that you used to pay for your order.
7.3 Nothing in these Terms of Sale shall affect any statutory rights of cancellation that you may have, but please note that
any right to cancel under the Consumer Contracts Regulations 2013 does not apply to perishable goods such as flowers.
8. OUR LIABILITY
8.1 If you are a consumer, you have legal rights in relation to products that are faulty, not of satisfactory quality or not as described. Nothing in these Terms of Sale will affect these legal rights.
8.2 We do not exclude or limit in any way our liability to you for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, or for breach of your legal rights in relation to our products.
8.3 We will not be liable to you if we are prevented or delayed from complying with our obligations under these Terms of Sale by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.
8.4 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these Terms of Sale or our failing to use reasonable care and skill, and we are not responsible for any loss or damage that is not foreseeable. Losses are foreseeable where if either it is obvious that they will happen or if they could be contemplated by you and us at the time your order is accepted by us.
8.5 In any event, we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues, lost business opportunity or business interruption
8.6 You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused
by your failure to follow this advice.
8.7 We shall not be liable in respect of any allergic reactions occurring due to flowers or other material used in any arrangements, or if any staining or discoloration occurs due to the arrangements, unless instructed by you not to use particular flowers or materials or (in the case an allergic reaction) caused by our negligence.
8.8 In addition to the above and subject to clause 8.2, Subject to all of the above, if you are a business customer: (a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and (b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
9. INTELLECTUAL PROPERTY
9.1 You acknowledge and agree that Lubi Lu retains ownership of all intellectual property rights and other rights in all and any designs, creative proposals, arrangements, artwork, drawings, photographs, visual images, displays, mood boards, materials, content and other information (“Materials”) that we create for you or provide or make available to you in relation to your order. You shall have no right to use, copy or modify the Materials in any way (whether for commercial or personal use or otherwise) without our prior written consent.
9.2 You acknowledge and agree that damages may not be an adequate remedy for a breach of Clause 9.1 and that, without prejudice to any and all other rights or remedies that it may have, we shall be entitled to seek an injunction, an order for specific performance or any other equitable relief for any actual or threatened breach.
9.3 Credit must be given to us in any social media photography that you take, using the hashtag #lubiluflowers
10.1 Save in respect of fraudulent misrepresentation, these Terms of Sale comprise the entire agreement between you and Lubi Lu and supersede all prior representations, agreements, arrangements and understandings between you and us (whether written or oral) with respect to your order.
10.2 No statement by any individual employed by us should be understood as a variation of these Terms of Sale or as
a representation about the nature, quality of the website or any products made available on the website.
10.3 Each of the provisions of these Terms of Sale operates separately. If any court or relevant authority decides that any
of them are unlawful, invalid or otherwise unenforceable, those provisions shall be deemed severed from the remaining provisions and such remaining provisions will continue in full force and effect.
10.4 No delay or failure by us to exercise any powers, rights or remedies under these Terms of Sale will operate as a waiver
of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.
10.5 A person who is not a party to this agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms of Sale but this does not affect any right or remedy which exists apart from that Act.
10.6 Your purchase will be deemed to have occurred in the UK. The English courts will have exclusive jurisdiction over any claim arising from, or related to, your order, our products and/or these Terms of Sale. These Terms of Sale and any dispute
or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
10.8 We may revise these Terms of Sale at any time by amending this page. You are expected to check this page from time
to time to take notice of any changes we make, as they are binding on you.
TERMS AND CONDITIONS
Our Legal Statutory Information
Lubi Lu Events Ltd.
A company registered in England & Wales, Company Number 07912345. Registered office Bank Chambers 93 Lapwing Lane Manchester England M20 6UR
1. Important Information and who we are
This website is not intended for children and we do not knowingly collect data relating to children.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Lubi Lu Events Ltd is the controller and responsible for your personal data.
Our full details are:
Full name of legal entity: Lubi Lu Events Ltd
Email address: email@example.com
Postal address: 22 North Hill N6 4QA
Telephone number: +44 (0) 203 305 7574
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
- Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
- Usage Data includes information about how you use our website, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing
from us and our third parties and your communication preferences.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with products or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
3. How is your personal data collected?
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity, Contact and Financial Data by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- place an order via our website or purchase our products or services via any other means;
- book a workshop
- book us to provide flowers for your wedding or other event;
- create an account on our website;
- subscribe to our service or publications (including our newsletter);
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us feedback or contact us.
- Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.
- Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
- Technical Data from analytic providers such as Google
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services based inside the EU.
4. How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal obligation.
See section 5 below to find out more about the types of lawful basis that we will rely on to process your
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
5. Purposes for which we will use your personal data
We have set out below descriptions of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You will receive marketing communications from us (including our newsletter) if you have requested information from us and you have not opted out of receiving that marketing. We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.You can ask us or third parties to stop sending you marketing messages at any time by following the opt- out links on any marketing message sent to you or by contacting us at any time.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
6. Disclosures of your personal data
We may share your personal data with the following external third parties for the purposes set out in the table set out in section 5 above.
- Service providers acting as processors based in the United Kingdom who provide IT and system administration services.
- Professional advisers acting as processors or joint controllers based in the United Kingdom including lawyers, bankers, auditors and insurers.
- HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
We do not transfer your personal data outside the European Economic Area.
7. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. Data Retention
How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
In some circumstances you can ask us to delete your data: see section 9 below (Your Legal Rights) for further information.
In some circumstances, we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
9. Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. These are as follows:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine- readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.