All of our products are crafted by ourselves, slight variations may occasionally occur but this will not affect the quality of the product. We try our utmost to ensure that all of my photos match as closely as possible to the colours of the products but slight differences may occur. All measurements are approximate. Please read full terms and conditions below.
Terms and Conditions
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
- These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Richard Falconer trading as Flickering Firefly of 21 Water Royd Drive, Dodworth, Barnsley, South Yorkshire, S75 3QX with email address firstname.lastname@example.org; (the Supplier or us or we).
- These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the supply of the Goods;
- Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
- Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
- Website means our website www.flickeringfirefly.co.uk on which the Goods are advertised.
- The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
- In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Goods which appear on the Website are subject to availability.
- We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal information and Registration
- When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Accessing our Service
- Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Customer Terms.
Basis of Sale
- The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
- Any quotation is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Price and Payment
- The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
- Prices and charges include VAT at the rate applicable at the time of the Order.
- You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
- We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
- In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
- If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
- We do not deliver to addresses outside England and Wales, Scotland, Northern Ireland.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
- Contracts for the purchase of goods or services through our Site or the App shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.
Uploading material to the Site
- Uploaded material must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trade mark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Any material a user uploads to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose a user’s identity to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the Site.
Cancellations and Returns
- The Holder will have up to 56 days from the date of dispatch in which to cancel an order for a cancellable item (which is an item that is not a Non-cancellable Product as defined in the Returns and Refund Procedures) by notifying the Seller in writing. In such circumstances, Holders shall either select a different available item from the partner (up to the same value) or receive a gift voucher issued by us (up to the same value). No cash refunds will be given to Holders, nor is the refund amount transferable or assignable (this also applies to any gift purchases made by Holders using gift list contributions).
- A purchaser of a gift shall be able to cancel an order for a cancellable item within 28 days from the date of dispatch and obtain a refund (the refund will be applied using the purchaser’s initial payment method). We shall not be responsible for informing gift purchasers as to whether a refund has been requested by a Holder. Monetary contributions in respect of a Gift List cannot be redeemed for cash, are non-refundable, non -transferable and cannot be assigned.Items must have been treated with reasonable care during the period in which an item can be cancelled. The recipient of the gift will be responsible for the cost of returning gifts to the relevant Seller following any cancellation of an order.
- Holders and purchasers should also check the Returns & Refund Procedures for further information relating to cancelling goods and/or services and returning goods.
Buying corporate gifts: special terms and conditions
- When you purchase a corporate gift (a “Corporate Gift Purchase”) you agree to be bound by these special terms and conditions that apply to the Corporate Gift Purchase (the “Corporate Gift Purchase Conditions”), together with the Customer Terms. If you do not agree to these Corporate Gift Purchase Conditions or the Customer Terms then please do not use the Site or the Corporate Gift Purchase. If and to the extent there is a conflict or inconsistency between the Customer Terms and the Corporate Gift Purchases Conditions relating to the Corporate Gift Purchases then the Corporate Gift Purchase Conditions shall prevail to the extent of the conflict or inconsistency.
- flickeringfirefly.com reserves the right to vary or update these Corporate Gift Purchase Conditions at any time. You should review the Customer Terms and these Corporate Gift Purchase Conditions periodically for changes.
- In order to place an order for a Corporate Gift Purchase, you should do so through our customer service team, and over the telephone.
- If you make a Corporate Gift Purchase you acknowledge and confirm that you are doing so in your capacity as a business, trade or profession and not as a consumer.
- Any discount or promotion that we advertise in connection the Corporate Gift Purchase shall:
- i) exclude any delivery costs payable for the goods purchased; and
- ii) be subject to the confirmation by you (to our reasonable satisfaction) pursuant to clause 4 of these Corporate Gift Purchase Conditions that you are placing an order in your capacity as a business, trade or profession and not as a consumer.
- We may remove or amend any such promotion or discount at any time, at our sole discretion.
- Pursuant to clause 4 of these Corporate Gift Purchase Conditions above, the rights of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “CCRs”) (including any legislation which succeed the CCRs) and the Customer Terms do not apply to any Corporate Gift Purchase, and such orders are, subject to clause 7 of these Corporate Gift Purchase Conditions, non-cancellable and non-refundable. Individual Sellers may, in their sole discretion, allow cancellation of specific orders.
- The exclusions under clause 6 of these Corporate Gift Purchase Conditions above do not seek to exclude any rights you may have under the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982 or any other applicable legislation which may apply to business to business purchases in respect of any Corporate Gift Purchase that you may make.
Richard Falconer trading as Flickering Firefly
21 Water Royd Drive, Dodworth, Barnsley, South Yorkshire S75 3QX
Email address: email@example.com
Last amended 6 October 2015
What we do with the stuff we know
Flickering Firefly’s privacy commitment
The flickeringfirefly.co.uk website are owned and operated by ourselves. We are committed to safeguarding your privacy online. We will only collect, store and use your personal information for specific purposes. We use your personal information to support and enhance our relationship with you. We only share your personal information in accordance with the Data Protection Act 1998 and other applicable laws. You may contact Flickering Firefly at any time with any privacy questions or concerns and to see the personal information you have given us and request correction.
Information about you
When you register to purchase products through flickeringfirefly.co.uk we ask for information such as your name, e-mail address, postal address, and contact details. flickeringfirefly.co.uk then keeps a record of this information.
If you place an order with us and elect for us to store your credit or debit card details, flickeringfirefly.co.uk will keep a record of those details. For more information about how credit and debit card details are stored and used by flickeringfirefly.co.uk, please see ‘how we protect information’ below.
We keep a record of any purchase/s you make from any of the partners’ stores at flickeringfirefly.co.uk. This means we can help to deal with any queries or problems you may have, and also so we can ensure that any information that we send to you is relevant.
We keep a record of any e-mail correspondence you send us, so we can track any problems or concerns you’ve had with any part of our website.
We’ll also ask you questions at registration, and from time to time by email, that will give us information that will be used to improve your experience of shopping at flickeringfirefly.co.uk. You do not have to answer these questions, but if you do we can communicate with you in a more relevant way.
If you would like to revise the information you have provided to us because you feel that what we currently have on record is incorrect, and/or you would like your information erased from our records, you can so do by contacting us in accordance with the information provided at ‘further information’ below.
How we use your personal data
All the information we collect via the website or through correspondence with you is used to operate and improve the service we offer you and to personalise our service. We are committed to using your personal information only for:
- We do ‘not’ sell or give your personal details to any other company.
- Planning and managing flickeringfirefly.co.uk’s business activities, including analysis of customers’ shopping habits, success of advertisements and push notifications and product and style preferences of our customers.
- Technical administration of our website.
- Providing you with information about the services we offer.
- Letting you know about offers and news from flickeringfirefly.co.uk.
- Letting you know about offers, news and products from partner stores on our site.
- To verify details of your payment method or credit card account.
- Passing on details of your order (but not payment details) and personal information where you have purchased a gift from a wedding list on flickeringfirefly.co.uk to the users who created such wedding list.
Data over the internet
The internet is a global network, so it is possible for your data to travel internationally, which may include places outside the European Union. If you visit or shop at flickeringfirefly.co.uk, you’re agreeing and authorising us to process data in this way.
How we protect information
You acknowledge that the Internet is not a 100% secure medium for communication and, accordingly, we cannot guarantee the security of any information you send to us (or we send to you) via the Internet. We are not responsible for any damages which you, or others, may suffer as a result of the loss of confidentiality of such information.
We take every precaution to protect your information. To this end all personal information stored by us is kept on a server in a secure environment.
Secure Socket Layer (“SSL”) encryption technology is used for protection of information in transit for any sensitive transactions such as payments.
We do not store or process your card details ourselves, they are processed and stored via one of our contracted third party service providers.
Storing your credit and debit card details
If you have elected to store your credit or debit card details with flickeringfirefly.co.uk those details will appear automatically on the Payments page when you login and proceed to purchase a product with us. To ensure the security of your credit and debit card details we:
•mask your credit or debit card number on the Payments page: only the last four digits of your credit or debit card number, the expiry date of that credit or debit card, the name (as it appears on the credit or debit card) and card type will be visible to you on the Payments page. Of course, we use all of your credit or debit card information to process your order but we do not display this information on the Payments page in order to ensure that no-one can accidentally see it.
•require a CV2 (card security) number: we will ask you to enter your CV2 number even when using the stored card function.
If you would like to revise the credit and debit card details you have provided to us because you feel that what we currently have on record is incorrect, and/or you would like those details erased from our records, you can do so by contacting us in accordance with the information provided at ‘further information’ below.
How you can help us protect your information
Please keep in mind that whenever you voluntarily disclose personal information online in non-protected environments – for example on message boards, through email, or in chat areas – that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. Also remember to close your browser window when you have finished your work. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place like a library or Internet café. We cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.
How to unsubscribe
If you no longer wish to receive any further email messages, post or other communications from us or you no longer wish to be contacted by other companies who you permitted us to provide your details to then please change your communication preferences accordingly here.
Last amended 6 October 2015
What are cookies?
This policy covers the whole of Flickering Firefly website.
Our cookies help us to:
- make our websites work as you’d expect
- remember some settings and/or shopping basket contents during and between visits
- allow you to share pages with social networks like Facebook or Twitter
- personalise our sites to you to help you get what you need faster
- monitor performance and help us to continuously improve our websites for you.
- collect any personally identifiable information (without your express permission)
- collect any sensitive information (without your express permission)
- pass personally identifiable data to third parties.
Types of cookies we use
Our own cookies
- making our shopping basket and checkout work
- checking if you are logged in or not
- remembering if you have accepted our terms and conditions
- allowing you to add comments to our site
- tailoring content to your needs.
There is no way to prevent these cookies being set other than to not use our site.
Third party functions
Social website cookies
We have included sharing buttons on our websites so that you can easily ’Like’ or share our content on Facebook, Twitter and other social networks.
Cookies are set by:
The privacy implications of this will vary from social network to social network and will depend on the privacy settings you have chosen on these networks.
Anonymous visitor statistics cookies
We use ’analytics software’ to compile visitor statistics, such as how many people have visited our website, what type of technology is being used (eg Mac, Windows PC, mobile device), how long visitors spend on the site, and what pages were viewed. These programs also tell us, on an anonymous basis, how people reached this site (eg from a search engine), whether they have been here before and, for our shop site, which items were purchased.
We use Google Analytics to do our anonymous visitor and ecommerce tracking.
Turning cookies off
You can usually switch cookies off by adjusting your browser settings to stop it from accepting cookies. Doing so, however, will likely limit the functionality of our and a large proportion of the world’s websites as cookies are a standard part of most modern websites.
If you would prefer not to receive cookies from our websites, please change your browser settings (find out how to do this on the About Cookies website).
Concerns about spyware
It may be that you have concerns around cookies relate to so-called ‘spyware’. Rather than switching off cookies in your browser you may find that anti-spyware software achieves the same objective by automatically deleting cookies considered to be invasive.
Last amended 6 October 2015