Terms & Conditions
Please read the terms & conditions (hereafter, ‘Terms’) carefully before ordering any products from of the wild. This page provides all the Terms by which we supply any of the wild products (hereafter, ‘Products’) which are listed on our website. By ordering any of our Products through our website (www.ofthewild.co.uk), by phone or via social media messaging, you agree to be bound by these Terms and choose to enter into the contract (hereafter, ‘Contract’) stipulated in the Terms below.
1. INFORMATION ABOUT OF THE WILD
1.1 of the wild. is the trading name of sole trader Kathryn Maiden. Our trading address is 90 Stevenson Road, Sheffield, S9 3TX. Our website is owned and operated by of the wild. The website is hosted by Decode Hosting.
1.2 These Terms are issued by of the wild. They apply to the entire contents of the website under our domain (the ‘Website’) whether you are acting as a private individual and consumer or as a business (hereafter, ‘You’) and to of the wild.
2. THE CUSTOMER’S STATUS
2.1 By placing an order through our site, You confirm that:
a. You are legally capable of entering into binding contracts; and
b. You are at least 18 years old.
3. ACCESSING OUR SITE
3.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
3.2 From time to time, we may restrict access to some parts of our site, or our entire site.
3.3 You are responsible for ensuring that all persons who access our site through your internet connection are aware of the Terms, and that they fully comply with them.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND OF THE WILD
4.1 After placing an order, You will receive an e-mail from us acknowledging that we have received your order (hereafter, ‘Confirmation Email’). By placing an order and receiving a Confirmation Email the Contract between You and of the wild is enacted.
4.2 The Contract will relate only to those Products which is confirmed in the Confirmation Email. of the wild is not and will not be obliged to supply any other Products outside of those in the Confirmation Email
5. CANCELLATION OF THE CONTRACT
5.1 Due to the perishable nature of our Products, You acknowledge and agree that You will not have any right to cancel a Contract for the supply of any of the Products within 48 hours of the delivery information specified in the Confirmation Email.
5.2 Once you have received the Confirmation Email, cancellation of Your order is only possible in exceptional circumstances and is entirely at the discretion of of the wild.
5.3 of the wild reserves the right to reject any order for any reason. of the wild does not need to inform You of the reasons for this rejection. In this situation, a full refund will be offered. Once a refund has been received, the Contract will be considered cancelled.
6. CHANGES TO YOUR ORDER
6.1 By entering into the Contract with of the wild, You acknowledge that any changes to Your order are at the discretion of of the wild.
6.2 If you wish to change your order, please email email@example.com. Please note that any changes to Your order (including, but not limited to, delivery address, gift message and additional items) need to be given at least 24 hours before the specified delivery time in the Confirmation Email. This is to ensure that we have time to amend the order prior to delivery. Although we will endeavour to make amendment requests on the day of delivery, of the wild cannot guarantee that these changes will be able to be made.
7.1 Delivery addresses
7.1.1 of the wild will always attempt to ensure that your order is delivered to the recipient’s address that You specify upon checkout. This will be outlined in the Confirmation Email. (Please see section for further information on Delivery Instructions). However, this may sometimes not be possible due to incorrect details given or unforeseen issues that may arise when we attempt the delivery. By entering into the Contract, You agree that it is Your responsibility to ensure that the recipient address You provide is accurate and that You give additional instructions to assist our team when locating difficult-to-find addresses. It is also Your responsibility to provide new delivery details and instructions if the recipient’s address or availability changes prior to the order being delivered. Please follow instructions outline in section 6 in this instance.
7.1.2 In the event that of the wild are provided with an incorrect address and the Products are sent out for delivery before You highlight this error to us, you are not automatically entitled to a new bouquet of flowers.
7.1.3 of the wild will endeavour to deliver your flowers during the time period specified in the Confirmation Email. However, some unforeseen circumstances (such as traffic etc.) may mean that on the rare occasion, the Products are delivered outside of that period. By entering into the Contract, You agree that this does not entitle to You to any refund. If there are any reasons that the delivery period is essential, please outline this in the appropriate section during checkout.
7.2 Recipient not available to receive flowers
7.2.1 If a recipient is not expected to be in during the time period specified in the Confirmation Email, You are responsible to provide of the wild with instructions as to where to leave the Product. This location should be both cool and dry to ensure that the Product is in the best condition. However, when leaving the Product in a specified location, of the wild cannot guarantee the same freshness of the Product, due to its perishable nature.
7.2.2 A record of delivery instructions that You have provided are found in the Confirmation Email. If You have omitted delivery instructions, it is Your responsibility to provide these instructions via email to firstname.lastname@example.org at least 24 hours before delivery. of the wild cannot guarantee that any instructions provided less than 24 hours before the delivery period specified in the Confirmation Email will be able to be followed.
7.2.3 In the event that a recipient of the Product is not in when a delivery attempt is made and no instructions have been provided, of the wild will endeavour to find a cool, dry and safe place to leave the Product. If this is not possible, of the wild will attempt to leave the Product with a neighbour. If either of these options are not acceptable, it is Your responsibility to provide sufficient instructions when you checkout. If successful, of the wild will leave a delivery note posted through the door to inform the recipient, as well as sending a text message to the number You specified when making Your order. In this circumstance, of the wild cannot guarantee the same freshness of the Product, due to its perishable nature. If unsuccessful, and all options have been attempted, please see 7.6.
7.3 Deliveries to hospitals – we are unable to deliver to hospitals due to the coronavirus crisis. This is to protect our staff and recipients of the bouquet.
7.4 Deliveries to care homes – we are unable to deliver to care homes due to the coronavirus crisis. This is to protect our staff and recipients of the bouquet.
7.5 Deliveries to property with shared secure entry points or flats – it is Your responsibility to provide specific instructions to ensure a successful delivery to these properties.
7.6 Failure to deliver
7.6.1 If of the wild are unable to deliver the Product to the recipient’s address, of the wild will follow the process outlined in 7.2.3. If we are unsuccessful, of the wild will attempt to contact You via telephone immediately. It is Your responsibility to provide up-to-date contact information for this reason. Further, it is Your responsibility to provide a telephone number for the recipient if You cannot guarantee that they will be available to receive the Product at the specified time of delivery in the Confirmation Email. If contact cannot be made with You or the recipient, the Product will not be left at the delivery address.
7.6.2 of the wild cannot guarantee redelivery of the bouquet on the same day. Redelivery is at the discretion of of the wild and further delivery charge may be necessary to complete the order. If redelivery is not possible, by entering into the Contract, You agree that this does not entitle You to any refund. Any refund is completely at the discretion of of the wild.
7.6.3 In the rare event that unforeseen circumstances on the part of of the wild result in failure to deliver (ie. car breaks down, health issues etc.), of the wild will issue a refund as soon as reasonably possible.
7.6.4 of the wild are not responsible for any other costs incurred by the customer due to failed deliveries.
7.6.5 If You request delivery to a postcode which has not been specified by of the wild, of the wild reserves the right to reject Your order. In this event, You will have the option to collect the Product from the of the wild studio or receive a refund. By entering into the Contract, You fully agree that all changes to your order must be made in advance as stipulated in section 6 and if sufficient notice is not given, You may not be entitled to a full refund.
7.7 Deliveries to funeral directors
7.7.1 If flowers are going to a funeral, of the wild recommends that they are sent at least a day before the funeral to ensure that any delays do not prevent them getting to the funeral in good time. In addition, when flowers are sent to funeral directors, it is essential that the name of the deceased and the funeral director are both included. If they are not, the funeral director may not accept the flowers. If flowers are not accepted, by entering into the Contract, You accept responsibility for this failure to deliver and of the wild will not be able to refund the cost of the bouquet.
7.8 Delivery Instructions
7.8.1 During checkout, there is a Notes section for You to provide delivery instructions. It is Your responsibility to provide these instructions and ensure their accuracy. Similarly, if You order the Product delivery via social media or the phone, it is Your responsibility to provide these instructions and ensure their accuracy. of the wild will always do our best to follow these instructions but this is not always possible. Please refer to sections 7.1, 7.2 and 7.6 for information about of the wild’s process in this situation.
7.8.2 In the event that of the wild follow the delivery instructions and the Product is subsequently stolen, the loss is Your responsibility.
7.8.3 In some circumstances, it is possible that of the wild may not follow the the delivery instructions if of the wild ascertains that there is a significant chance of the order being stolen or damaged. In this situation, of the wild will follow the process outlined in 7.1, 7.2 and 7.6.
7.8.4 If the delivery address is a business address, of the wild require the company name and details of the floor that the recipient works on or whether to deliver the flowers to the reception.
7.9 Delivery Costs
7.9.1 of the wild reserves the right to implement a delivery charge.
7.9.2 of the wild currently only delivers to specified local postcodes. These local postcodes are highlighted on our website on a weekly basis.
8.1 All floral Products are subject to availability.
8.2 In the event of any supply difficulties or if the flowers we have received from our growers do not meet our high quality standards, of the wild reserves the right to substitute any product with an alternate product of a similar style and equivalent or greater value and quality. of the wild will endeavour to contact You in this instance, but cannot guarantee this.
9. CARE INSTRUCTIONS
9.1 of the wild will endeavour to provide care instructions for every fresh floral Product we deliver.
9.2 In the event that of the wild have not provided care instructions, please contact email@example.com. It is Your responsibility to contact of the wild if You require care instructions.
9.3 of the wild guarantees to use the freshest flowers as possible and have set high standards for our Products.
9.4 As our Products are fresh and perishable, of the wild cannot guarantee how long they will remain fresh. This is dependent on a variety of factors that are outside of our control (ie. temperature in property, exposure to direct sunlight, water quality etc.) In addition, the shelf life of a flower can differ from stem to stem.
9.5 It is important that the flowers are cared for correctly. Exposing flowers to heat sources or drafts, failing to change the water or condition the stems, can result in premature perishing. On the rare occasion that of the wild is informed that the Product has died unusually quickly and has not reached our high standards, please get in touch with firstname.lastname@example.org. If we believe that there was an issue, of the wild may then choose to offer one of two options outlined in section 10. Any refund or send is at the sole discretion of of the wild. of the wild reserves the right to not offer a refund or new bouquet if You have not followed the care instructions or external factors (ie. weather/temperature, placement in the house etc.) are the cause of the issues. If flowers have not been properly cared for, of the wild will not resend the flowers.
10.1 On very rare occasions, the Product may arrive at the destination damaged. In the event that this has happened, please contact us immediately, providing photographs of the problem so we can determine what has gone wrong. If the damage is not the responsibility of You and the delivery instructions provided, of the wild guarantees two options:
a. Re-sending a new Product on the next available delivery date for no additional; or
b. A full or partial refund (this is determined at the discretion of of the wild).
10.2 of the wild does not confer the right to an automatic 100% refund, but only to a fair resolution.
10.3 of the wild does not typically offer both a refund and a resend.
10.4 of the wild needs to be informed of any issues within 24 hours of the delivery to give us the best chance of successfully resolving the issue. At our discretion, of the wild will consider issues raised after the 24 hour deadline but reserve the right to refuse the options of refunding or resending the order.
10.5 If of the wild believe that there has been an abuse of this Guarantee or if there are persistent claims for refunds from the same individual or group of individuals, of the wild reserves the right not to resend flowers and to refuse to take orders from customers. If of the wild makes such a decision, we will inform You in writing of our decision via email.
11.1 of the wild reserves the right to satisfy orders at our sole discretion by means of our partner florists where we are unable to directly satisfy the order ourselves.
11.2 On occasion, of the wild may feature links to other companies on the Website or our social media profiles. These companies may or may not be affiliated with us. of the wild cannot give any undertaking that products You purchase from third party sellers whose websites are linked to on the Website will be of satisfactory quality. Any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller.
11.3 Where there are links to other sites and resources by third parties, these links are provided for your information only. of the wild has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from Your use of them.
12. FRAUDULENT BEHAVIOUR
12.1 In the event that of the wild believes that an order may be fraudulent in nature, for whatever reason, we reserve the right to cancel the order and refund the funds. of the wild are under no obligation to reveal why we believe the order to be fraudulent and will co-operate with the police regarding any criminal investigations. of the wild reserves the right to refuse to serve You or undertaking any fraud prevention measures on the Website that are necessary to implement from time to time.
13. SPECIAL OFFERS, COMPETITIONS & GIFT CARDS
13.1 of the wild may offer time limited special offers or promotional codes. These offers are time limited and cannot be used for purchases before the offer introduction date or after the offer end date. A special offer or promotional code cannot be used in conjunction with any other special offer or promotional code.
13.2 In the event that a customer has made a purchase and the price of a product falls or is discounted due to a special offer or promotional code, the price of the product at the time of purchase shall ‘prevail’. We are unable to offer special offer discounts or apply promotional codes for purchases that have already been made.
13.3 As our special offers are often made available due to the availability of products, of the wild may change the terms of special offers, or withdraw them altogether, at any time and without prior notice.
13.4 of the wild occasionally runs competitions. When competitions are advertised on our social media accounts, these competitions are not run in partnership with those social media platforms. of the wild reserves the right to withdraw a competition at any time, without prior notice. Further, of the wild reserves the right to withdraw the competition prize or offer it to another entry if it is found that You do not meet the specified entry terms of the competition.
13.5 Giftcards are available from of the wild. Giftcards must be utilised by the end date. Any balance remaining after the end date cannot be transferred over. We reserve the right to withdraw our giftcards or amend their terms at any time and without prior notice.
14. PERSONAL DATA
14.2 If You do not include Your name in the ‘Message Card Field’ when ordering a Product, we will not share your identity with the recipient even if they ask us for it. If a recipient requests this information, of the wild will contact You to inform you that the recipient has required.
15. UNFORESEEN TECHNICAL ISSUES WITH THE WEBSITE AND / OR SYSTEMS
15.1 Due to unforeseen circumstances, it is conceivable that errors may occur with the Website or related systems from time to time. These unforeseen circumstances may be due to our hosting partner or there may be an issue with the Website itself.
15.2 In the event that there is an error which results in an error with Your order, we will attempt to rectify this where possible. In certain circumstances, it may not be possible for of the wild to fulfil the order and we will contact You to amend or refund the order.
15.3 You cannot hold of the wild responsible for any damages or compensation if Your order cannot be fulfilled for any technical reason (or any other).
16. INTELLECTUAL PROPERTY RIGHTS
16.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it, including but not limited to, copyright and trademarks. These works are protected by copyright laws and treaties and all such rights are reserved.
16.2 You are expressly prohibited from copying, reproducing, displaying or transmitting any such material on our site without obtaining our prior written consent. You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
16.3 Subject to this clause You are permitted to use the information displayed in our site for the sole purpose of purchasing or considering to purchase our Products or any other purpose of our site. of the wild reserve the right to withdraw this licence at any time without notice to You.
16.4 You agree to indemnify us in the event that we incur any indirect/direct claims, liabilities, costs, fees, losses, damages or expenses (including consequential) as a result of your breach of this clause 16.
17. EVENTS OUTSIDE OUR CONTROL
17.1 of the wild will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a. Strikes, lock-outs or other industrial action.
b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
d. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
e. Impossibility of the use of public or private telecommunications networks.
f. The acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of Your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
19.1 If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. ENTIRE AGREEMENT
20.1 These Terms and any document expressly referred to in them represent the entire agreement between You and of the wild in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms.
20.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.
21. OUR RIGHT TO VARY THESE TERMS
21.1 of the wild have the right to revise and amend these Terms with no prior notice.
21.2 You will be subject to the policies and Terms in force at the time that You order products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You), or if we notify You of the change to those policies or these Terms after you have received the Email Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless You notify us to the contrary within seven working days of receiving by the Products).
22. LAW AND JURISDICTION
22.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the law of England and Wales. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.