PRODUCTS

1.1 All Products on this website (which may vary from time to time) are available in the UK
1.2 Certain Products may be delivered by us in bud to ensure longer life.
1.3 Some Products, Flowers and Plants may be harmful or poisonous, if you require further information before submitting an order please contact us using the contact details set out in Section 6 below.
1.4 All Products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute a Product of equivalent value and quality without notice.

PRICES

2.1 Prices listed within the Service are valid for a maximum of 14 days from submitting your order.

ORDER / PAYMENTS

3.1 During order submission you shall be required to provide us with your personal details, including accurate postcode, together with those of the intended recipient and all necessary payment details. We accept payment by most major credit and debit cards. By clicking on the 'complete order’ button on the Order Form, you are consenting to be bound by our terms and conditions contained in these Terms and Conditions and appearing anywhere on the Online site.
3.2 Submitting your Order Form is subject to our acceptance of this offer and we will not consider ourselves bound by a contract with you unless we have issued you a confirmation of order delivery by email. This is not the email sent on submission of an order.
3.3 We cannot accept Order Forms from customers under the age of eighteen (18) years.

DELIVERY

4.1 Our delivery service is only within the UK area.
4.2 On acceptance by us of your Order Form we will advise you by e-mail confirmation of the intended delivery date. We will process Order Forms received on Sundays or Public Holidays the next working day. We do not deliver on Sundays or public holidays but in this case we will deliver the Product you request on the next working day.
4.3 Anomalies in your submitted personal details may lead to problems or delays in delivery, so before placing your order, please ensure that you have included the full address details, including accurate postcode of the intended recipient and your daytime contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered.
4.4 Whilst we agree to use all reasonable endeavours to ensure that delivery will be on the requested delivery date you acknowledge that in very occasional circumstances delivery on the requested terms will not be possible. In such circumstances you will be given prior notice wherever possible and we shall either make alternative arrangements or shall reimburse your payment in full.
4.5 In case of delivery to certain locations where a third party is involved, such as offices, hospitals, airports, hotels, ships and other business locations, the signature of any person authorised to accept delivery on behalf of the organisation shall be accepted as proof of delivery to your chosen recipient. Please be advised that we are unable to deliver wines, and plants to Funeral Directors, Hospitals, airports or ships.
4.6 Please note that we are only responsible for delivering against signature to the address you quote (or an imminent neighbour if no one is at home) we regret that where goods have been correctly delivered we can not accept responsibility if the intended recipient has moved, or lives elsewhere, and the actual received refuses or fails to return item(s).
4.7 Where the carrier is unable to find someone to accept delivery they will either deliver to a neighbour or leave a card at the address for the recipient to make contact.
4.8 It is possible to select a preferred delivery time within the order process in the Delivery Notes field. This option should be used only for orders requesting delivery to funerals or funeral parlours. Whilst every effort will be made to ensure your order is delivered prior to the time selected, no guarantee for delivery by the time specified can be given. To assist us in meeting your preference, please ensure your order is placed at least one working day prior to the preferred delivery time.
4.9 In the instance of there being difficulties in delivering your order to the intended recipient we reserve the right to contact the recipient using the contact details you provide on the Order Form.
4.10 When placing your order you are able to specify further delivery information using the 'Delivery Notes' field provided. This is intended to provide further guidance to the party delivering your order which isn't included within your address information, for example to specify floor number, or hospital ward. We reserve the right to not action any delivery requests specified in this field which we deem unacceptable and will use other elements of address information provided elsewhere on the order form to fulfill your order.

CANCELLATION

5.1 Orders cancellation will not be accepted after an order has already been processed and/or made. 

CUSTOMER SERVICES

6.1 In the event that you are not satisfied with the Online Service any complaints should be addressed to:

orders@tartanroses.com

6.2 Because of the perishable nature of Products and in order to assist us in resolving any complaints quickly, we advise you to make any complaint within 1 working day of the date of delivery or intended delivery of your purchase.

DISCLAIMER

7.1 Whilst we agree to use our reasonable endeavours to ensure that this Online Site and/or the Online Service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the Online Site and/or the Online Service and shall be released from our obligations under these Terms and Conditions in the event of any cause beyond our reasonable control which renders the provision of the Online Site and/or the Online Service impossible or impractical.
7.2 (a) We accept liability for death or personal injury arising from our negligence.
(b) Subject to clause 7.2(a), our liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your Order Form with us shall be limited to a multiple of 3 times the price you have paid for the Products.
(c) Subject to clauses 7.2(a) and 7.2(b) above we exclude all liability for any claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly out of or in any way connected with your use or inability to access the Online Site and/or the Online Service, whether arising in contract, tort (including negligence), under statute or otherwise PROVIDED THAT nothing contained in these Terms and Conditions affects or will affect your or the recipient's statutory rights in relation to the quality, fitness or description of the Products supplied.
(d) Subject to clauses 1.5 and 4.3 above, we shall not be liable for any delay or inability to perform our obligations to you if such delay is due to any cause whatsoever beyond our reasonable control.

GENERAL  

8.1 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Online Site and/or the Online Service from time to time. We will post any changes on the Site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Online Service or Online Site. Changes will be effective five (2) hours after the posting of any such change and all subsequent dealings between you and us shall be on the new terms and conditions.
8.2 Additionally, we reserve the right to suspend, restrict or terminate access to the Online Site and/or the Online Services for any reason at any time.
8.3 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Online Site, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
8.4 We shall ensure that we comply with the requirement of all current data protection legislation including, without limitation, the Data Protection Act 1998 (as replaced, modified or re-enacted from time to time). We shall only use personal data received from you for the purpose of fulfilling our obligations under these Terms and Conditions and as stated in our Privacy Policy.
8.5 A person who is not a party to the agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists apart from that Act.
8.6 Save in respect of fraudulent misrepresentation, this agreement (including any documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets forth the entire agreement and understanding between you and us relating to the subject matter hereof.
8.7 Your purchase will be deemed to have occurred in the UK. These Terms and Conditions shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English courts. 

IN ACCORDANCE WITH THE ABOVE TERMS&CONDITIONS, THE FOLLOWING TERMS APPLY TO ALL ORDERS PLACED BY OUR WHOLESALE AND TRADE CUSTOMERS:

These Terms and Conditions will apply to the sale and purchase of wholesale goods by the buyer from The Tartan Rose Company, Wellbank Farm, Perth, PH14 9SP.

These Terms and Conditions will be deemed to have been accepted by you when you accept them or the quotation or from the date of any delivery of the goods (whichever happens earlier) and will constitute the agreement between us and you.

GOODS.

1. The description of the Goods is set out in our sales documentation, unless expressly changed in our quotation. In accepting the quotation you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the goods set out in our sales documentation are intended as a guide only.
2. We can make any changes to the specification of the Goods which are required to conform any applicable safety or other statutory or regulatory requirements.

PRICE.

1. The price (Price) of the Goods is set out in our quotation current at the date of your order or such other price we may agree in writing.

2. If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to quotation. Any increase in the price under this clause will only take place after we have told you about it.

3. You may be entitled to discounts. Any and all discounts will be at our discretion.
4. The Price is exclusive of fees for packaging and transportation / delivery.
5. The quotation, including any non-standard price negotiation accordance with the clause above on Price, is valid for a period of 10 days only from the date shown in it unless expressly withdrawn by us at an earlier time.

PAYMENT.

1. We will invoice you for the total Price on a pro-forma basis. All prices are given in Pound Sterling (£)

2. All payments are to be made by electronic transfer to the bank account stated on the invoice.

3. As all Goods are hand-crafted to order, payment must clear prior to the creation of Goods unless otherwise agreed. Payment will be to the essence of the Contract between us and you. Once payment has been made any alterations to the contract may levy an administration fee.

DELIVERY.

1. Delivery shall be charged at a cost £9.95 on all orders under £200. Orders above this qualify for Free Shipping. A sub-charge may be added for deliveries to Scottish Highlands and Islands.

2. Free delivery is not available to international customers at this time. A quotation will be supplied to you with your order. 

3. We will arrange of the delivery of the Goods to the address specified in the quotation, or your order order, or to another location we agree in writing.
4. An estimated delivery date will be supplied with your quotation. Please allow at least 10-14 days from the time of your order for completion of items. Larger orders may require more time; please contact us for more information about availability.

DAMAGES AND DEFECTS.

1. You must inspect the Goods on delivery or collection.
2. If you identify any damages or shortages, you must inform us in writing within 3 days of delivery providing details.
3. Other than by agreement, we will only accept returned Goods if we are satisfied that those goods are defective and if required, have carried out an inspection.
4. Subject to your compliance with this clause and/or our agreement you may return the Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.
5. We will be under no liability or further obligation in relation to the goods if: If you fail to provide notice as set above; and/or
   1. You make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and or
   2. The defect arises because you did not follow our oral or written instructions about the storage, commission, installation, use and maintenance of the Goods; and/or
   3. The defect arises from normal wear and tear of the Goods; and/or
   4. The defect arises from mouse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.

         6. Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 4 days after delivery.

GENERAL.

1. All orders are subject to a minimum order value of £50.00. 
2. To order please contact us on 01828 686913 or by e-mail to info@ollybobbins.co.uk. Orders will be marked as accepted on receipt of payment as outlined in the clauses above.
3. For each retail outlet we aim to provide a 10 mile radius of exclusivity, valid for a period of six months from the latest order. This is at our sole discretion, based on a case by case basis, and excludes orders from galleries or ‘unusual’ outlets such as visitor centres, museums & other places of interest.
4. Where a special tartan has been ordered we will do our best to provide as specified. Should it not be possible an alternative may be made available to you and you will be informed in order to make a final decision.

DATA PROTECTION.

1. When providing the Goods to the Buyer, the Seller may gain access or and/or acquire the ability to transfer, store or process personal date of employees of the Buyer.

2. The parties agree that where such processing of personal data takes place, the buyer shall be ‘data controller’ and the Seller shall be the ‘data processor’ as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and or/re-enacted from time to time.
3. For the avoidance of doubt, ‘Personal Data’, ‘Processing’,’Data Controller’ and ‘Data Subject’ shall have the same meaning as in the GDPR 
4. The Seller shall only Process Personal Data to the extent reasonable required to enable it to provide the Goods as mentioned in these terms and conditions or as requested by and agreed with the Buyer, shall not retain any Personal Data longer than necessary for the processing and refrain from processing any personal data for its own or any third part’s purposes.
5. The seller shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict ‘need-to-know’ basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
6. The Seller shall implement and maintain technical and organisation security measures as are required to protect Personal Data processed by the Seller on behalf of the Buyer. Further information about the Seller’s approach to data protection are specified in its Data Protection policy, which can be our on website. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: info@ollybobbins.co.uk.