Terms & Conditions
Thank you for visiting my website. Please take a few minutes to read my Terms and Conditions.
This site is owned and maintained by Louise McGough and by using this website, you (the CUSTOMER) agree to abide by the Terms and Conditions of this website and are deemed to have read and understood everything before you purchase any products or sign up to my subscription service.
I, Louise McGough, reserve the right to change the Terms and Conditions of my website and products and services (at my own discretion and whenever I see fit). If you do NOT agree with these Terms and Conditions then please do NOT use my website or purchase any products or sign up to any services that I offer.
I, Louise McGough, and my business follow the CAN-SPAM Act 2003 rules and regulations. I also use the double opt-in feature for my emails and newsletters.
The language of the site and all the materials is in English, which is the official law of the contracts, text and interpretation.
Site / Product Use
You, the CUSTOMER, must be 16 years + to access my website and to use the products or services within it, as per set out by these Terms and Conditions. By purchasing any products or service I offer, you, the CUSTOMER must abide by these Terms and Conditions.
I, Louise McGough, am NOT liable if you break these Terms and Conditions to favour yourself, in any way.
Intellectual Property Rights / Copyright
I, Louise McGough and my business own all of the copy (wording), images, pictures and photographs displayed as artwork and published on this website, on social media and within my business, whether online or offline.
You, the CUSTOMER, are NOT authorised to share, copy, distribute, exploit, sell, upload, reproduce, republish or display any such material, image or artwork owned or created by myself, Louise McGough or my business, in any manner whatsoever, whether via social media, on any website or via email. This will be an infringement of my Intellectual Copyright and Ownership Property Rights.
All intellectual copy material remains the sole proprietorship of myself, Louise McGough and my business.
Products & Services Terms
You, the CUSTOMER, agree that any information that you give to myself and my company (address, credit card information etc) is your sole information and is up-to-date and accurate. You must not impersonate someone else and you must lawfully abide by the UK Laws (as my company resides in the UK) and you must NOT violate the laws in which you reside. You are responsible for compliance with any of your own local laws, both local, national and international.
I, Louise McGough and my business reserve the right to substitute any product or service equal to (or comparable to) the product or service for you, the CUSTOMER, if for any reason particular products can't be grown or sourced.
The Terms of this Agreement shall be binding for any further products/services supplied by my business to you, the CUSTOMER.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, IS MY BUSINESS OR LOUISE McGOUGH LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF MY FLOWERS, SUBSCRIPTION BOXES OR ANY OTHER PRODUCT OR SERVICE I PROVIDE OR MADE AVAILABLE TO YOU.
THIS ALSO INCLUDES TECH ISSUES e.g. VIRUSES, HYPERLINK ISSUES, ONLINE FAILURES, EMOTIONAL DISTRESS, HEALTH ISSUES (RASHES, ALLERGIES ETC), ILLNESS, LOSS OF LIFE, PAIN OR SUFFERING, IN RELATION TO USING OUR WORKSHOP, PRODUCTS OR SERVICES.
YOU, THE CUSTOMER, SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL USAGE OR CONDUCT OF OUR WEBSITE.
YOU, THE CUSTOMER, AGREE AND ACCEPT ALL RISKS, FORESEEABLE AND UNFORSEEABLE, BY USING THE PRODUCTS AND SERVICES OFFERED BY LOUISE McGOUGH AND MY BUSINESS.
YOU, THE CUSTOMER, AGREE THAT YOU USE MY BUSINESS WEBSITE, PRODUCTS AND SERVICES AT YOUR OWN RISK.
IN ANY EVENT WHEREBY MY BUSINESS IS FOUND TO BE LIABLE, MY BUSINESS LIABILITY TO YOU, THE CUSTOMER, OR THIRD PARTY WILL BE LIMITED TO THE LESSER OF THE TOTAL FEES THAT YOU, THE CUSTOMER, HAS PAID THE BUSINESS IN ONE MONTH PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
ALL COMPLAINTS MUST BE FILED WITH MY BUSINESS WITHIN 100 DAYS OF THE LIABILITY OR THE ACTION WILL BE FORFEITED.
Updated: 9th September, 2021.
Some flowers and seeds are poisonous or harmful is ingested or touched, where possible I will include a warning. Please be cautious around children and animals. Always wash your hands after handling flowers.
Pictures are for representational purposes only as every arrangement is unique.
Flower Care - remove packaging and place in a clean vase with fresh water, trim stems every 3-4 days and change vase water. Keep in a cool place out of direct sunlight to ensure maximum vase life. Avoid putting near fruit that can release Ethylene (bananas, apples, apricots and pears).
Payment, Refunds & Cancellation Policy
Before paying any monies to myself, Louise McGough, you, the CUSTOMER, will be deemed to have read and understood my Terms and Conditions. If you do not agree with them please do NOT use my website or purchase any product or service. Thank you.
You, the CUSTOMER, agree that when you are purchasing any product or service etc, that you are using your own bank account, your own credit/debit card and you are supplying your up-to-date information to myself, Louise McGough and my business.
Your payments are protected by the SSL (secure sockets-layer encryption system) on the servers of those particular companies, that I, Louise McGough and my business choose to use for the processing of payments.
These companies may include PayPal, Stripe, or any other processor myself, Louise McGough and my business decide to use. No credit card information will be given to myself or the business when you purchase and use the payment systems used by any of the companies.
REFUNDS & CANCELLATIONS
The receiver (you/ the CUSTOMER) accepts FULL responsibility of the flowers once they are in your care. Any problems on receipt of delivery MUST be photographed and reported to me (Louise McGough) immediately for replacement or refund. NO replacement of refund will be issued without evidence.
If you, the CUSTOMER, are purchasing a product from the website, you will be able to cancel your order up to 48hrs prior to despatch. Once the item has been despatched you will not be entitled to a refund.
If you, the CUSTOMER, are due a refund at any point, the refund will be returned to you in the exact same way it was given to myself, Louise McGough and my business.
You, the CUSTOMER, are fully responsible for any chargebacks from your bank etc, that you may incur from such an issue. I, Louise McGough and my business are NOT liable.
You, the CUSTOMER, are entitled to cancel and terminate your right to use my products, services and my website at any time.
UPDATED: 9th September, 2021.
This privacy notice provides you with details of how I collect and process your personal data through your use of my site I comply with the Data Protection Act and also GDPR.
By providing my business with your data, you warrant to me that you are over 16 years of age. [NOTE: YOU MUST BE OVER 16 YEARS OF AGE TO ACCESS THIS WEBSITE AND PURCHASE ANY PRODUCTS OR SERVICES].
Louise McGough is the data controller and I am responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice). If you have any questions about this privacy notice, please contact Louise McGough using the details set out below.
Full name of legal entity: Louise McGough
Email address: email@example.com
It is very important that the information I hold about you is accurate and up to date. Please let me know if at any time your personal information changes by emailing me at: firstname.lastname@example.org
WHAT DATA DO I COLLECT ABOUT YOU, FOR WHAT PURPOSE AND ON WHAT GROUNDS I PROCESS IT
Personal data means any information capable of identifying an individual. It does not include anonymised data. I may process the following categories of personal data about you:
Communication Data that includes any communication that you send to me, whether that be through the contact form on my website, through email, text, social media messaging, social media posting or any other communication that you send me. I process this data for the purposes of communicating with you, for record-keeping and for the establishment, pursuance or defence of legal claims. My lawful ground for this processing is my legitimate interests which, in this case, are to reply to communications sent to me, to keep records and to establish, pursue or defend legal claims.
Customer Data that includes data relating to any purchases of products and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. I process this data to supply the products and/or services you have purchased and to keep records of such transactions. My lawful ground for this processing is the performance of a contract between you and myself and/or taking steps at your request to enter into such a contract.
User Data that includes data about how you use my website and any online services, together with any data that you post for publication on my website or through other online services. I process this data to operate my website and ensure relevant content is provided to you, to ensure the security of my website, to maintain backups of my website and/or databases and to enable publication and administration of my website, other online services and business. My lawful ground for this processing is my legitimate interests, which in this case, is to enable me to properly administer my website and my business.
Technical Data that includes data about your use of my website and online services such as your IP address, your login data, details about your browser, length of visit to pages on my website, page views and navigation paths, details about the number of times you use my website, time zone settings and other technology on the devices you use to access my website. The source of this data is from my analytics tracking system. I process this data to analyse your use of my website and other online services, to administer and protect my business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of my advertising. My lawful ground for this processing is my legitimate interests, which in this case, is to enable me to properly administer my website and my business and to grow my business and to decide my marketing strategy.
Marketing Data includes data about your preferences in receiving marketing from myself and third parties and your communication preferences. I process this data to enable you to partake in any promotions such as competitions, prize draws and free give-aways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. My lawful ground for this processing is my legitimate interests, which in this case, is to study how customers use my products/services, to develop them, to grow my business and to decide my marketing strategy.
I may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising I serve you. My lawful ground for this processing is legitimate interests which is to grow my business. I may also use such data to send other marketing communications to you. My lawful ground for this processing is either consent or legitimate interests (namely to grow my business). [SEE SECTION 4 BELOW]
Sensitive Data - I do not collect any Sensitive Data about you. Sensitive data refers to data that 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.
Where I am required to collect personal data by law, or under the terms of the contract between us and you do not provide me with that data when requested, I may not be able to perform the contract (for example, to deliver the products or services to you). If you don’t provide me with the requested data, I may have to cancel a product or service you have ordered but if I do, I will notify you at the time.
I will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email me. In case I need to use your details for an unrelated new purpose I will let you know and explain the legal grounds for processing. I may process your personal data without your knowledge or consent where this is required or permitted by law.
I do NOT carry out automated decision making or any type of automated profiling.
HOW I COLLECT YOUR PERSONAL DATA
I may collect data about you by you providing the data directly to myself (for example by filling in forms on my site or by sending me emails). I may automatically collect certain data from you as you use my website by using cookies and similar technologies.
I may receive data from third parties such as analytics providers such as Google, advertising networks such as Facebook, such as search information providers e.g. Google, providers of technical, payment and delivery services, such as data brokers or aggregators.
I collect information voluntarily provided by you when you register for my information, products or services or make a purchase. This information is obtained by email, online forms, surveys, registration forms, opt-in forms, landing pages, lead magnets and/or other entries that you provide when communicating with me by other means. I may collect information such as email addresses, personal and demographic information, user-specific and aggregate.
Aggregate information is information that doesn’t identify you as a specific individual. This information includes IP addresses, browser type, server domain, URL – this is to monitor the level of activity on the site, what pages my visitor’s access etc. This is also to help my effectiveness and to improve the site.
My lawful ground of processing your personal data to send you marketing communications is either your consent or my legitimate interests (namely to grow my business).
Under the Privacy and Electronic Communications Regulations, I may send you marketing communications from myself if (i) you made a purchase or asked for information from me and about my products or services
(ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, I may send you marketing emails without your consent. However, you can still opt-out of receiving marketing emails from me at any time.
Before I share your personal data with any third party for their own marketing purposes I will get your express consent.
You can ask me or third parties to stop sending you marketing messages at any time [by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences] OR [by following the unsubscribe/opt-out links on any marketing message sent to you or] OR by emailing me at any time.
If you opt-out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.
DISCLOSURES OF YOUR PERSONAL DATA
I may have to share your personal data with the parties set out below:
Service providers who provide IT and system administration services.
Professional advisers including lawyers, bankers, auditors and insurers
Government bodies that require us to report processing activities.
Third parties to whom I sell, transfer, or merge parts of our business or our assets.
I require all third parties to whom I transfer your data to respect the security of your personal data and to treat it in accordance with the law. I only allow such third parties to process your personal data for specified purposes and in accordance with my instructions.
I have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorisation. I also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on my instructions and they must keep it confidential.
I have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if I am legally required to.
I will only retain your personal data for as long as necessary to fulfil the purposes I collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
When deciding what the correct time is to keep the data for, I look at its amount, nature and sensitivity, the potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.
For tax purposes, the law requires myself to keep basic information about my customers (including Contact, Identity, Financial and Transaction Data) for seven years after they stop being customers.
In some circumstances, I may anonymise your personal data for research or statistical purposes, in which case I may use this information indefinitely without further notice to you.
I use a secure online email system to safeguard and secure your information. I also use a secure online database.
YOUR LEGAL RIGHTS
Under Data Protection Laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.
If you wish to exercise any of the rights set out above, please email me.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, I may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.
I may need to request specific information from you to help me 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. I may also contact you to ask you for further information in relation to your request to speed up my response.
I try to respond to all legitimate requests within one month. Occasionally it may take me longer than a month if your request is particularly complex or you have made a number of requests. In this case, I will notify you.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. I do not control these third-party websites and I am not responsible for their privacy statements. When you leave my website, I encourage you to read the privacy notice of every website you visit.
When purchasing any products or services from me, the companies I use (who processes your order) use Secure Sockets Layer (SSL) technology to ensure that your credit/debit card information is encrypted. As your order payment is secured through them and on their servers I receive your payment but have NO access to your financial information at all.
Louise McGough is dedicated to ensuring compliance with all Anti-Spam Policies. I thank you for your business and acknowledge you as a CUSTOMER and visitor to my business. When you request information, buy my products or services, sign up for my lead magnets and any other sources I will contact you via email and so my guidelines are as follows:-
All emails sent to you will clearly identify myself (Louise McGough) and my business as the sender
The subject line of any email will always be related to the content of the email.
Any email sent from me will have the “unsubscribe” link for any future email messages.
When unsubscribed ALL data will be removed from my lists (except where you have purchased a product and the data used for processing/status of a current product) as I need to keep those for tax purposes.
A valid postal address will always be in the footer of the email where you can send suggestions and other correspondence.
UPDATED: 9th September, 2021.