CUSTOMER CARECustomer Care

OVERVIEW

We are FLOMACY Ltd, a company registered in England and Wales. Our company registration number is 12352732.

Throughout these terms and conditions, any reference to ‘we’, ‘us’ and ‘our’ refer to FLOMACY and ‘you and 'your' means our customer or potential customer. By placing an order for our products electronically you confirm your agreement to our terms and conditions. Please read these terms and conditions carefully before placing an order.

You will be asked to agree to these terms and conditions before you place an order for products from our website. These terms tell you who we are, how we will provide our products to you, how you and we may change or end the contract, what to do if there is a problem or other important information. If you think that there is a mistake in these terms and conditions, please contact us to discuss this further You can contact us by writing to us at hello@flomacy.com.

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. When we use the words "writing" or "written" in these terms and conditions, this includes emails.

GENERAL TERMS

ORDER

PRODUCTS

SHIPPING AND RETURNS 

DELIVERY
We will send you your FLOMACY product(s) from our online shop to the shipping address you have provided us with at the checkout. All orders are shipped from London with Royal Mail as first class delivery. Free shipping as standard applies to orders over £50.

If our supply of the product(s) is delayed by an event outside of our control, then we will contact you as soon as possible to let you know and we will take steps to minimise 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 that you have paid for but not received.

If no one is available at your address to take delivery and the products cannot be posted through your letterbox, Royal Mail will leave a note informing you of how to rearrange delivery or collect the products from a local depot. It is your responsibility to arrange for the product(s) to be re-delivered.

We may have to suspend the supply of a product to update the product to reflect changes in the relevant laws and regulatory requirements. We will contact you in advance to tell you we will be suspending the supply of a product, unless the problem is urgent or an emergency. 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 you any sums you have paid in advance for the product in respect of the period after you end the contract.

TAXES & DUTIES
For shipments outside of the UK, please note that the prices quoted are not inclusive of any customs or import duties that could be taxed when the package reaches your destination country. Paying any customs duty, import taxes and duty charges are your responsibility, and the local authorities will hold your order until you have paid the charges. Once you have paid any charges, your online shop order will be delivered to you. Unfortunately, we have no control over these charges, and cannot tell you what the cost will be.

RETURNS AND YOUR RIGHTS TO END THE CONTRACT
Your rights when you end the contract will depend upon what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

ENDING THE CONTRACT BECAUSE OF SOMETHING WE HAVE DONE OR ARE GOING TO DO.
If you are ending your 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. Including:

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 are included under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

WHEN YOU DO NOT HAVE THE RIGHT TO CHANGE YOUR MIND.
You do not have the 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.

HOW LONG DO I HAVE TO CHANGE MY MIND?
You have 14 days after the day you (or someone you nominate) receives the products, unless the products are split into several deliveries over different days in which case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products. If the products are for regular delivery over a set period, you have until 14 days after the day you (or someone you nominate) receives the first delivery of the products.

ENDING THE CONTRACT WHERE WE ARE NOT AT FAULT AND THERE IS NO RIGHT TO CHANGE YOUR MIND.
Even if we are not at fault and you do not have the right to change your mind, you can still end your contract with us before it has completed, but you may have to pay us compensation. A contract for the product(s) is completed when the product(s) is/are delivered and paid for. If you want to end the contract in these circumstances, please let us know.  The contract will end immediately and we will refund any sums paid by you for the product(s) not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.

HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
To end the contract with us, please let us know by emailing us at hello@flomacy.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

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. You must post them back to us at 63 Hornsey Road, London, N7 6DG. If you are exercising your right to change your mind you must send off the products within 14 days of telling us that you wish to end the contract.

When we will pay the costs of return. We will pay the costs of return: (a) if the products are faulty or misdescribed; or (b) if you are ending the contract because we have told you of an upcoming change to the products 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 you must pay the costs of return.

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.

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

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:

OUR RIGHTS TO END THE CONTRACT
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, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example your address details if omitted from the order form.

You must compensate us if you break the contract. If we end the contract due to you not providing the correct information as set out above, we will refund you any money you have paid in advance for the 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.

IF THERE IS A PROBLEM WITH THE PRODUCT
If you have any questions or complaints about the product, please contact us. If you receive an order with broken or missing items, please email hello@flomacy.com and include a photo of the broken items.

The cost of shipping returns goods is your responsibility unless otherwise specified in these terms and we regret that we cannot be held responsible for any products lost or damaged in transit.

Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

As your products (the FLOMACY floral drops) will be considered to be goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product, your legal rights entitle you to the following:

a) up to 30 days: if your product is faulty, then you can get an immediate refund.
b) up to six months: if your products can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) up to 6 years: if your products do not last a reasonable length of time you may be entitled to some money back.

Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage. Please email us at hello@flomacy.com for a returns label or details of how to return the products.

PRICE AND PAYMENT

TERMS AND CONDITIONS

WARRANTY
You warrant to us that you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms and conditions, that the information provided in your order is accurate and complete and that you will be able to accept delivery of the products.

RISK AND OWNERSHIP
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon delivery of the products and receipt by us of full payment of all sums due in respect of the products.

WEBSITE
Please see our website terms of use for details with regards to your access and use of our website.

Our website is owned and managed by:

FLOMACY.
Registered name: FLOMACY, Ltd.
Email: hello@flomacy.com

PRIVACY POLICY

At FLOMACY we are committed to safeguarding the privacy of our website visitors; this privacy policy sets out how we will collect and process your personal data.

This privacy policy aims to give you information on how FLOMACY collects and processes your personal data through your use of this website, including any data you may provide through this website when you purchase a product. This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

CONTROLLER
FLOMACY is the controller and responsible for your personal data (collectively referred to as "FLOMACY", "we", "us" or "our" in this privacy policy).

We have appointed a data protection manager (DPM) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPM using the details set out below.

CONTACT DETAILS
If you have any questions about this privacy policy or our privacy practices, please contact our DPM in the following ways:

Full name of legal entity: FLOMACY Ltd
Email address: hello@flomacy.com

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

We keep our privacy policy under regular review. This version was last updated on October 2020. We may update this policy from time to time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

THIRD-PARTY LINKS
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. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

INFORMATION ABOUT YOU
We may collect, use, store and transfer some or all of the following personal data from you when you purchase products from our website, register for a customer account, sign up for a newsletter, or participate in marketing activities either in person or online and which we have grouped together as follows:

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose and sizing and shopping preferences. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this 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). Nor do we collect any information about criminal convictions and offences.

IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with the products). In this case, we may have to cancel a product you have with us but we will notify you if this is the case at the time.

HOW YOUR PERSONAL DATA IS COLLECTED
We use different methods to collect data from and about you including through:

USE OF YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity Type of date Lawful basis for processing including basis of legitimate interest

To register you as a new customer

(a) Identity
(b) Contact

Performance of a contract with you

To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us

(a) Identity 
(b) Contact 
(c) Financial 
(d) Transaction 
(e) Marketing and Communications

(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy
(b) Asking you to leave a review or take a survey

(a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications

(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To enable you to partake in a prize draw, competition or complete a survey

(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications

(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)  

(a) Identity

(b) Contact

(c) Technical

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

(a) Identity 

(b) Contact 

(c) Profile 

(d) Usage 

(e) Marketing and Communications 

(f) Technical 

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

(a) Technical 

(b) Usage 

 Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about products or services that may be of interest to you

(a) Identity 

(b) Contact 

(c) Technical 

(d) Usage 

(e) Profile 

(f) Marketing and Communications

Necessary for our legitimate interests (to develop our products/services and grow our business)

MARKETING
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms as set out below.

PROMOTIONAL OFFERS FROM US
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchase products from us and you have not opted out of receiving that marketing.

THIRD-PARTY MARKETING
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

OPTING OUT
You can ask us or third parties to stop sending you marketing messages at any by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product purchase.

CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

PROTECTION OF YOUR DATA
We will use reasonable technical and organisational precautions to ensure your personal information is safe and prevent your personal data from bring accidentally lost, used or accessed in an unauthorised way, altered or disclosed. All electronic transactions you make to or receive from us will be encrypted using SSL technology. However, data transmission over the Internet is not entirely secure and we cannot guarantee the security of data sent over the Internet. You are responsible for keeping your password and user details confidential. We will not ask you for your password.

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties (as the case may be) who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

DATA RETENTION
How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

Details of retention periods for different aspects of your personal data are set out in the table Purposes for which we will use your personal data above.

DISCLOSURES
We may share your information with select third parties that specialise in the different areas to process your payments, supply your orders, analyse and optimise the performance of our website and carry out marketing activities. Expect as provided in this privacy policy, we will not provide your information to other third parties. For details of those external third parties that we may share your personal data with, please contact the DPM.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

INTERNATIONAL DATA TRANSFERS
Information that we collect may be transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this privacy policy.  Some countries may not have data protection laws equivalent to those in force in the European Economic Area (EEA). By submitting your personal information you agree to such transfers. 

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

COOKIES
Our website uses cookies. A cookie is a small file which asks permission to be placed on your computer’s hard drive to help us analyse web page traffic and improve our website in order to tailor it to your needs. We only use this information for statistical analysis purposes and then the data is removed from the system. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.

YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. You will not have to pay a fee to access your personal data (or to exercise any of the rights outlined below). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

You have the right to:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

HEALTHCARE ACKNOWLEDGEMENT & DISCLAIMER

FLOMACY, its staff, and content-providers are not medical care professionals and are not rendering personal medical advice or treatment. The information provided by FLOMACY on its website and in respect of its products is for informational purposes only. You should always speak with a healthcare professional before taking any dietary, nutritional, herbal or homeopathic supplement, including the flower remedy products included on this site. It is not intended to be substituted for the advice provided by your health care professional.

The way in which you handle and use FLOMACY products is very important. You must only take the recommended dosage as specified on any instructions provided with the products and take sensible precautions prior to using any of the products such as consulting with a healthcare professional if necessary. Some products may contain a small percentage of alcohol and should not be consumed by children.

This information is provided solely as a guideline to be used when discussing any health concerns with a healthcare professional. The claims and views expressed by FLOMACY on this site and that may be made about specific nutrients or products have not been evaluated by the Medicines and Healthcare products Regulatory Agency of the United Kingdom, or any other private or public entity.

FLOMACY is an independent, privately run company separate from any other organisation. The information contained on our website is presented in summary form only and intended to provide broad consumer understanding and knowledge of health care topics. The information should not be considered complete and should not be used in place of a visit, call, consultation or advice of your doctor or other health care provider. Any error or omission in any information, or document issued by us shall be subject to correction provided that the correction does not materially affect your contract with us.

FLOMACY does not recommend the self-management of health problems. Information obtained by using FLOMACY flower remedies is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care-related questions, please call or see your doctor or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read on our website.

OTHER IMPORTANT TERMS

We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made In advance for products not provided.

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

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.

If a court finds parts 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.

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.

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.

Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint for online resolution to the European Commission Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.