Terms & Conditions 

By accessing our website (www.cocooncorporate.co.uk) and/or placing an order, you agree to be bound by these terms and conditions as set out below. These terms and conditions are governed by the laws of England and Wales but do not affect your statutory rights.
When placing an order with us, you are making an offer to purchase the goods contained within that order. We reserve the right to accept or decline that offer.

TERMS AND CONDITIONS OF SALE TO BUSINESSES

Application and entire agreement

These Terms and Conditions will apply to the purchase of the goods detailed in our Sales Order (Goods) by the buyer (you or Customer) from COCOON COLLECTION LIMITED a company registered in England and Wales under number 05572665 whose registered office is at UNIT 3 MERE FARM BUSINESS COMPLEX, REDHOUSE LANE, HANNINGTON, NN6 9FP (we or us or Supplier).

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

These Terms and Conditions and the Sales Order (together, the Contract) apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Interpretation

A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.

The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.

Words imparting the singular number include the plural and vice-versa.

Goods

The description of the Goods is set out in our Sales Order. In accepting the Sales Order 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 Orders are intended as a guide only.

We can make any changes to the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.

Price

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

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 delivery.

Any increase in the Price under the clause above will only take place after we have told you about it.

You may be entitled to discounts. Any and all discounts will be at our discretion.

The Price is inclusive of fees for packaging and transportation / delivery.

The Price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

Payment

 We will invoice you for the Price either:

·       when we have accepted your order and confirmed as such by sending you a Sales Order Confirmation

·       on or at any time after delivery of the Goods; or

·       where the Goods are to be collected by you or where you wrongfully do not take delivery of the Goods, at any time after we have notified you that the Goods are ready for collection or we have tried to deliver them.

 You must pay the Price immediately if on pro-forma payment terms, or within 30  days of the date of our invoice or otherwise according to any credit terms agreed between us.

 If you do not pay within the period set out above, we will suspend any further deliveries to you and without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 2% per annum above the base rate of the Bank of England from time to time on the amount outstanding until you pay in full.

 Time for payment will be of the essence of the Contract between us and you.

 All payments must be made in British Pounds unless otherwise agreed in writing between us.

 Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

Delivery

We will arrange for the delivery of the Goods to the address/es provided, or your order or to another location/s we agree in writing.

If you do not specify a delivery address or if we both agree, you must collect the Goods from our premises.

Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 7 am to 7 pm.

If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:

·       store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and / or

·       make arrangements for the redelivery of the Goods and will charge you for the costs of such redelivery; and/or

·       after 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any shortfall below the price of the Goods.

If redelivery is not possible as set out above, you must collect the Goods from our premises and will be notified of this. We can charge you for all associated costs including, but not limited to, storage and insurance.

We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

Inspection and acceptance of Goods

You must inspect the Goods on delivery or collection.

If you identify any damages or shortages, you must inform us in writing within 3 days of delivery, providing details.

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.

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.

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

·       you make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or

·       the defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and/or

·       the defect arises from normal wear and tear of the Goods; and/or

·       the defect arises from misuse or alteration of the Goods, negligence, willful damage or any other act by you, your employees or agents or any third parties.

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

Risk and title

The risk in the Goods will pass to you on completion of delivery.

Title to the Goods will not pass to you until we have received payment in full (in cash or cleared funds) for: (a) the Goods and/or (b) any other goods or services that we have supplied to you in respect of which payment has become due.

Until title to the Goods has passed to you, you must (a) hold the Goods on a fiduciary basis as our bailee; and/or (b) store the goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and/or (c) keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.

As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the Goods and, if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.

Termination

We can terminate the sale of Goods under the Contract where:

·       you commit a material breach of your obligations under these Terms and Conditions;

·       you are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;

·       you enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or

·       you convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commenced relating to your insolvency or possible insolvency.

Limitation of liability

Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this section.

Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.

If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.

Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.

We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:

·       any indirect, special or consequential loss, damage, costs, or expenses; and/or

·       any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or

·       any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or

·       any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or

·       any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.

The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.

Communications

All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).

Notices will be deemed to have been duly given:

·       when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;

·       when sent, if transmitted by email and a successful return receipt is generated;

·       on the fifth business day following mailing, if mailed by national ordinary mail; or

·       on the tenth business day following mailing, if mailed by airmail.

All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

Data protection

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

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.

For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.

The Seller shall only Process Personal Data to the extent reasonably 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 for any third party's purposes.

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.

The Seller shall implement and maintain technical and organisational 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 found on our website - cocooncorporate.co.uk/gdpr-policy. For any enquiries or complaints regarding data privacy, you can e-mail: amanda@cocooncorporate.co.uk.

Circumstances beyond the control of either party

Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

No Waiver

No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

Severance

If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and jurisdiction

This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Complaints

In the rare instance that you are unhappy with the ordered design in any way please contact us within 24 hours of delivery with your reasons for complaint.
Please note the general Returns and Refunds Policy of www.cocooncorporate.co.uk is not applicable to flowers purchases.

Liability

We attempt to ensure that the information available on the cocooncorporate.co.uk web site at any one time is accurate. However, Cocoon Collection Ltd assumes no duty to update such information and cannot guarantee that it will be fault-free. Cocoon Collection Ltd does not accept liability (except as set out below) for any errors and/or omissions in the description or presentation of products on the web site and we reserve the right to change information, specifications and descriptions of listed goods at any time. We will, however, do our best to correct any errors and omissions as quickly as practicable after being notified of them.

Except as specifically stated on this website, to the fullest extent permitted at law, neither Cocoon Collection Ltd or any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, claims of third parties, loss of goodwill, loss of earnings, and/or for any other loss that is not reasonably foreseeable. For the avoidance of doubt, Cocoon Collection Ltd does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of Cocoon Collection Ltd, or any of its directors, employees or other representatives.

In the event that Cocoon Collection Ltd is held liable under these terms and conditions, our maximum liability to you shall be the cost of the product(s) purchased by you.

Products

Please read the instructions, manuals and other user documentation that comes with your products carefully. Cocoon Collection Ltd is not involved in the manufacture of any of products and will not advise on their use or operation or the manufacturer's guidelines.

For the avoidance of doubt, Cocoon Collection Ltd shall not be held liable for any loss, injury, damage or claims caused as a result of misuse of products, save for death and/or personal injury arising from any deliberate act or omission by, or the negligence of, Cocoon Collection Ltd.

A number of products that we include as part of our packages may contain elements of either nuts or nut oil. We always strongly recommend that people with nut allergies check the packaging of all consumables and do not consume products that have a nut warning. For the avoidance of doubt, Cocoon Collection Ltd shall not be held liable for any loss, injury, damage or claims caused as a result of nut allergies, save for death and/or personal injury arising from any deliberate act or omission by, or the negligence of, Cocoon Collection Ltd.

Products / Gifts containing Alcohol

It is against the Law to sell or supply alcohol to under 18s. Therefore we will not sell or deliver alcohol to anyone who is, or appears to be, under the age of 18. Furthermore by placing an order for an item containing alcohol with us, you are confirming that you are at least 18 years old and are also not intending to supply alcohol to anyone who is under 18. We reserve the right to decline orders for items containing alcohol if we have reason to suspect that the sender or recipient is under 18.

Supply of the Service

Cocoon Collection Ltd agrees to provide the services in respect of this website with all the reasonable skill and care expected of a competent provider of internet services. Consequently, we reserve the right to alter, update, amend, suspend or withdraw such services at any time and from time to time. The website and/or the services hereunder are provided on an “as is”, “with all faults” and “as available” basis. Accordingly, we will not be responsible for any losses resulting from your use, or your inability to use the website and/or the services hereunder.

Our Rights

We reserve the right to close access to the website and/or the services hereunder if your usage is deemed excessive and against the interests of other users of the website, or if you have committed a breach of these terms and conditions, or if you have engaged in fraudulent, criminal or dishonest activity, or for any other reason whatsoever. We also reserve the right to modify or discontinue, temporarily or permanently, the website with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to, or discontinuance of the Website, at any time and for any reason whatsoever.

Cocoon Collection Ltd may amend or modify these terms and conditions or impose new conditions at any time upon inclusion of an appropriate notice on the website signifying that these terms and conditions have been updated or amended. Any use by you of the website after such changes are made shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.

Force Majeure

Cocoon Collection Ltd shall not be liable to you for any delay in, or performance of, our obligations provided to you in connection with this website arising from any cause beyond our reasonable control including, but not restricted to, the following: Invasion, act of war, act of God, act of Government, Failure in information technology or telecommunications, labour dispute, fire, flood, industrial action, explosion of civil commotion.

Privacy and Security Policy

At Cocoon Collection Ltd we make a commitment to protecting your privacy and only use information collected about you in accordance with the Data Protection Act 1998. We are of course registered with the Information Commissioner in accordance with the Data Protection Act 1998.

Information we keep about you and what happens to it

When you purchase something from us, you will have given us your name, email address, phone number, address and credit/debit card details. If you have asked us to send a gift direct to a gift recipient you will also have given us their name and address. This information is only used in order for us to deliver the products and to contact you if there is a need.
We keep a history of the orders you have placed with us so you can see your past purchases.

If you have selected to receive our newsletters and details of new products and special offers you can opt to unsubscribe to this service at any time by sending an email to sales@cocooncollection.co.uk.

We NEVER exchange, sell or otherwise give away your email address to other companies. Your email address is used solely by yourself, for purposes of logging into your account, and by us for emailing you regarding your orders and to update you with our newsletter/s.

Payment card details are encrypted using 128 bit encrypted SSL ("Secure Sockets Layer") for maximum security. All credit card transactions are handled through the UPG (Universal Payment Gateway) facility provided by Secure Hosting Ltd, a specialist online payment processor. The UPG employs the latest industry standard encryption technology to keep our customers personal information safe. The UPG guards and transacts payment onto our acquiring bank, Lloyds Cardnet, using advanced verification and anti-fraud technology.

We will never reveal your complete credit or debit card number in full on any invoices or order confirmation we issue back to you. We do however, have to store and transmit the entire number to the card processing company in order to process your transaction.

We maintain a high level of electronic, physical, and procedural safeguards in connection with the collection, storage and disclosure of your personal customer information. Occasionally we may request proof of identity before we disclose personal information to you.

It is important for you to protect against unauthorised access to your password and to your computer. Be sure to sign off when you finish using a shared computer.

Cookies

We use "cookies" and we obtain certain types of information when your Web browser accesses www.cocooncorporate.co.uk.

“Cookies” are alphanumeric identifiers that are transferred to your computer's hard drive through your Web browser. This means that we can recognise and greet you when you revisit our site and allows you to store items in your Shopping Basket between visits.

“Cookies” do not harm your computer. They are small files of information which get stored in your 'Temporary Internet Files' folder in Windows. You can delete “cookies” at any time from your computer.

If you experience problems using our site it may be because of how you have set up your security settings in your web browser. It may be necessary to set the security level to medium to accept “cookies”. The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether.

Third Parties who may see your information

To enable us to deliver your gifts we do have to give your name and address, or that of your recipient to our delivery agents and carriers. We give them access to this information purely for them to provide a delivery service and it cannot be used for any other purpose. Further, they must process the personal information in accordance with this Privacy Notice and as permitted by the UK's Data Protection Act.

Your Consent

By using our web site you consent to us using the personal information you have given us as outlined in this Privacy and Security Policy. If you have any questions please email us your concerns to sales@cocooncollection.co.uk and we will try to resolve any concerns you may have. Alternatively write to us at Cocoon Collection Ltd, Unit 8, Mere Farm Business Park, Red House Lane, Hannington, Northampton, NN6 9SZ.

Pricing Policy

The prices on our site are quoted in UK pounds (GBP) and exclude V.A.T.

We always try to make sure that the prices and information on cocooncorporate.co.uk are accurate but if we discover an error in the pricing of any of our products, once you have ordered from us we will contact you immediately from the details you gave us at the time you registered with us. We will then give you the option of continuing your order at the correct price or cancelling it. If we are unable to reach you we will cancel the order. If an order is cancelled, any payment made will be refunded in full.

You will have a choice of delivery methods and therefore be aware of the delivery costs before you submit your credit / debit card details, based on the delivery address you specify. For further information see our ‘Delivery’ section.

All prices shown are exclusive of VAT and VAT is shown separately on all invoices and receipts issued by us.

Copyright and Trademarks

You may view and print out our pages for the sole purpose of buying a product or products. All material including (but not limited to) descriptions, images, text, logos, pictures, photographs and graphics on this website is the property of Cocoon Collection Ltd or it’s technology partners and is subject to copyright. Any modification, transmission, hiring, copying (other than for non-commercial personal use) re-using or otherwise using the content of this website for public or commercial purposes is strictly prohibited.

Cocoon Collection Ltd may from time to time contain links to other websites which are not under our control. We will not be held responsible for any loss or damage caused by using these sites, which extends to the information, products or services displayed on those sites.

Brand names and company names mentioned on this website may be the trademarks or registered trademarks of their respective owners.