1. These terms

1.1 What do these terms cover? These are the terms of service on which we supply products to you.

1.2 Why you should read them. Please read the terms carefully before using this site and before you submit your order with us. These terms tell you who we are, how we will provide products to you, how we may change or end the contract, what to do if there is a problem and other important information.

2. Information about us and how to contact

2.1 Who were are. We are Berry & Blossoms Ltd a registered company in England & Wales. Our company registration number is 10745598 and our registered office address is 47 Priory Road, Grimsby, DN37 9QH, United Kingdom. Our registered VAT number is 293 4485 69.

2.2 How to contact us. You can contact our team here.

2.3 How we may contact you. If we have to contact you, we will do writing to you at the email address or postal address you have provided to us in your order.

3. Our contract with you.

3.1 How we will accept your order. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Our acceptance of your order will take place when we email you to confirm we have shipped your order, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. Our Products

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

4.3 Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.

5. Your rights to make changes.

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.

6. Our right to make changes

6.1 Minor changes to the products. We may change the product:

    • to reflect changes in relevant laws and regulatory requirements (such as changes to labelling requirements of the products); and
    • to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.

    6.2 More significant changes to the products and these terms. In addition, we may make significant changes to these terms or the product (such as a substitution from a range of colours), but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

    7. Providing the products

    7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.

    7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.

      • If the products are goods. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order

      7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

      7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

      7.5 If you do not re-arrange delivery. If you do not collect the products or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for return delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 2 will apply.

      7.6 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organized by you collect it from us.

      7.7 When you own goods. You own a product which is goods once we have received payment in full.

      7.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, product size. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

      7.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

      • deal with technical problems or make minor technical changes;
      • update the product to reflect changes in relevant laws and regulatory requirements;
      • make changes to the product as requested by you or notified by us to you (see clause 6.)

      7.10 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

      7.11 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).

      8. Your rights to end the contract.

      8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

      • If what you have bought is faulty or miss-described you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11;
      • If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
      • If you have just changed your mind about the product, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
      • In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.


      8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

      • we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 2);
      • we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
      • there is a risk that supply of the products may be significantly delayed because of events outside our control;
      • we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
      • you have a legal right to end the contract because of something we have done wrong.


      8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. At Newbie Store we practice a 30 day return policy starting from the day you receive your receipt from us.

      8.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:

      • products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
      • sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
      • any products which become mixed inseparably with other items after their delivery.


      8.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. At Berry & Blossoms you have a 30 day return policy starting from the day you receive your receipt from us.

      9. How to end the contract with us (including if you have changed your mind)

      9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing the following:

      • Email us at hello@berryandblossoms.com. Please provide your name, home address, details of the order and email address.

      9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. If you send back a product to our online shop, there is no possibility to change to other sizes or items. You may then add a new order. To return unwanted items purchased at newbiestore.com you need to go through these simple steps:

      To return any unwanted items purchased you need to go through these steps below.

      1. See to that the items have their original labels intact, are unused, unwashed and in their original condition. 

      2. All goods returned must be packed in a bag or carton. If possible use the original packaging. We are unable to accept returns with labels removed and hangers not included. 

      3. Simply complete the returns form included in your order with details of the products you are returning to:

      Returns Department
      Berry & Blossoms
      47 Priory Road, 
      Grimsby
      DN37 9QH

      To ensure the safe return of your item(s), please package your item(s) with care. We recommend that item(s) are returned using a trackable delivery service. We may refuse a refund where an item(s) is lost in transit. Please note that it is your sole responsibility to ensure that the returned item(s) arrives at the Berry & Blossoms Returns Department in a resalable condition, despite having used a tracked delivery service.

      As soon as we receive your item(s) we will process your refund in line with our refund policy. Please be aware that any postage charges incurred by returning your item(s) to us will not be refunded. 


      9.3 When we will pay the costs of return. We will pay the costs of return:

      • if the products are faulty or misdescribed; or
      • if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

      In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.  

      9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

      9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

      9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

      • We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
      • The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

      9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

      • If we have not offered to collect the products, your refund will be made within 10 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 2.
      • In all other cases, your refund will be made within 10 days of your telling us you have changed your mind

      10. Our rights to end the contract

      10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

      • you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
      • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
      • you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

      10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

      11. If there is a problem with the product

      11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can contact our customer service team at hello@berryandblossoms.com.

      11.2 Your legal rights. We are under a legal duty to supply products that are in conformity with this contract and the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. Nothing in these terms will affect your legal rights.

      11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on number or email us at email address for a return label or to arrange collection.

      12. Price and payment

      12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.

      12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

      12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

      12.4 When you must pay and how you must pay. We accept payment with most credit and debit cards. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

      12.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

      13. Our responsibility for loss or damage suffered by you

      13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

      13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products

      13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

      14. How we may use your personal information

      Data security is important to us and we want to be open and transparent regarding how we handle your personal information. We therefore have a privacy policy that determines how your personal data should be processed and protected. The GDPR (General Data Protection Regulation) is a new EU regulation that will begin through the EU on May 25 2018. GDPR replace the personal data Act. Berry & Blossoms puts great value to your personal privacy and your individual privacy protection. This privacy policy explain how we treat your personal information within berryandblossoms.com.

      You find our privacy policy here

       

       

       

       

       

       

       


      15. Other important terms

      15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

      15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

      15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

      15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

      15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

      15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

       

       

       

       

       

       

       

       

       

       

         

         

        PROMOTIONAL OFFERS

        From time to time Berry&Blossoms Ltd runs promotions and offers on selected products or lines. We refer to these collectively as our "Promotional Offers". To utilise your promotion code, click the "have a gift card or discount code" button on the product or order summary page and enter the specific code. Please note, promotion codes can only be used once per transaction and cannot be used in conjunction with any other promotion or offer. All of our Promotional Offers are subject to the below terms and conditions:

        • They are only valid on full-priced items, brands are not included out of sale periods. Discounts are not valid on promotional items which are already discounted unless otherwise stated;
        • They cannot be used in conjunction with any other offer;
        • They are valid for a limited period of time as specified in the marketing communication on the website, they cannot be used after this period;
        • They are not valid on gift wrap, gift box service;
        • All orders are subject to stock availability and we reserve the right to withdraw, amend or extend offers at any time, without prior notice.

         

        INTERNATIONAL ORDERS

        In most cases, any customs or import duties are charged once the parcel reaches its destination country.

        You may be charged for handling fees and taxes as your order passes through customs. Any charges on a parcel must be paid by the person receiving the parcel.

        We have no control over these charges and we can't tell you what the cost would be, as customs policies and import duties vary widely from country to country.

        It might be a good idea to contact your local customs office for current charges before you order, so you are not surprised by charges you were not expecting.

        If the charges are refused and your order is returned back to us, a fee of £4.95 will be deducted for the costs of return.

        PAYMENT

        Payment can be made securely online by Visa, Master Card, American Express,  Maestro cards, PayPal & Apple Pay. The credit/debit card that is being used must be yours. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment, we will not be liable for any delay or non-delivery of your order. In the event that your card authorization and validation is declined, we reserve the right to cancel your order. 

        In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

        • Pay later.

        Further information and Klarnas user terms you can find here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

        By submitting an order to us through our website you represent and warrant that the payment details provided on your order are valid and correct and that when your order is accepted and processed by us, payment will be made in full. 

        AVAILABILITY AND DELIVERY

        We aim to dispatch all orders as soon as possible, usually dispatched within 1-3  working days. We do not dispatch orders on Saturday or Sunday or during public/bank holidays. Once DPD has your order, your order will be fulfilled and full tracking information will be provided with your dispatch email. In any event, delivery will take place no more than 30 calendar days after the day on which a Contract is entered into. 

        Whilst we make every effort to deliver goods on the day we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timescale.

        We would advise that if you require your order by a certain date to select the Next Day or Express delivery service.

        PRICE

        The price payable for the products shall be as shown on the Website. Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

        PRODUCT INFORMATION

        We have made every effort to display as accurate as possible the colours of our products that appear on the website. However, the actual colours depend on your monitor, we cannot guarantee that your monitor display of any colour will accurately reflect the colour of the product on delivery.
        All sizes and measurements are approximate, however we do make every effort to ensure these are as accurate as possible. Unless otherwise stated, sizes are UK sizes.


        INFORMATION ON OUR SITE

        The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely.

        Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

         

        OUR LIABILITY

        If we do not deliver or the products we deliver are not what you ordered or damaged or defective or the delivery is of an incorrect quantity, our only obligation will be to:
        1. make good any shortage or non-delivery or incorrect delivery; or

        2. replace or repair any Products that are damaged or defective; or

        3. refund to you the amount paid by you for the Products in question

        We shall have no liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.

        CANCELLATION

        Under the Consumer Contracts Regulations y
        ou have the right to cancel any order that you make with us online within 14 days without any reason. The cancellation period will expire 14 days after you have received your goods. 

        To exercise the right to cancel, you must inform us of your decision to cancel your order by sending a clear statement either by e-mail to our Customer Care Team at hello@berryandblossoms.com

        If you cancel a Contract after the Products have been dispatched to you, you must return them to us. You are responsible for the costs of returning the goods back to us and your items must be returned no later than 14 days from the day on which you notify us of the cancellation of your order.

        W
        e will reimburse to you all payments received from you in respect of that order including the costs of delivery, although the maximum refund for delivery costs will be the least expensive delivery method. 

        We may make a deduction from the reimbursement for loss of value of any goods supplied, if the loss is the result of unnecessary handling by you

         

        RETURN & REFUNDS

        Please note that in addition to your general right to cancel set out above, we operate a Return Policy. For further information on returns please see our Returns Policy.

        E-GIFT CARDS

        Berry&Blossoms E-gift cards remain the property of Berry&Blossoms Limited. Risk in a Berry&Blossoms E-Gift card shall pass to you upon our electronic transmission to you; in the event of misuse or fraud Berry&Blossoms reserves the right to cancel a Berry&Blossoms E-Gift card.

        If you lose or someone steals your Berry&Blossoms E-Gift card electronically, unfortunately Berry&Blossoms cannot replace it. You agree that Berry&Blossoms will not be held responsible for any lost balance as a result of electronic theft or fraud, unless this is caused by Berry&Blossoms. 

        CREDIT NOTE TERMS

        Credit Notes are issued when the requirements meet the Returns Terms & Conditions.

        Credit Notes are not redeemable for cash and are non-refundable. Berry&Blossoms Ltd does not accept cancellations or offer refunds under any circumstances in whole or part thereof once payment of the original purchase has been made and the BERRY&BLOSSOMS LTD Credit Note is issued. There are no refunds for items purchased using a BERRY&BLOSSOMS LTD Credit Note.

        • CREDIT NOTE REDEMPTION

          Amounts shown on a BERRY&BLOSSOMS LTD Credit Note are in (GBP) and can only be redeemed in (GBP) on BERRY&BLOSSOMS LTD goods.

          If upon redeeming your BERRY&BLOSSOMS LTD Credit Note there is a difference between the cost payable and the Credit Note value, BERRY&BLOSSOMS LTD will require further payment for the difference.


        • CREDIT NOTE EXPIRY DATE

          All BERRY&BLOSSOMS LTD Credit Notes issued are valid for 12 months from the issue date that is noted on the provided receipt. It is the Receiver’s responsibility to redeem the value placed on the Credit Note within that time frame. BERRY&BLOSSOMS LTD is unable to extend Credit Notes beyond the expiry date.