Terms and Conditions
IMPORTANT LEGAL NOTICE
We would request that you take time to read these terms & conditions carefully, and that you do so before using our Website.
The terms & conditions are issued by: Flowers Online Limited (Company Registration Number: 07123236), Registered Address: Unit 35 Romsey Industrial Estate, Greatbridge Road, Romsey, Hampshire, SO51 0HR. VAT Registration No: 995 1721 85. This company is registered in the UK.
1.1 These terms & conditions (Terms) are issued by Flowers Online Limited (the Company). They are applicable to the entire content of the website with a domain name: www.flowers.co.uk(the Website) whether you act as a private individual and consumer (Consumer) or as a business (Business) (referred to as ‘You’ other than where specifically indicated) and the Company.
1.2 By using this website You shall be deemed to have accepted these terms & conditions in full. If You are unable/unwilling to accept these Terms in full, you should leave the website.
1.3 The company may choose to revise these terms & conditions at any time by updating this posting. Please check the Website from time to time to review the current terms & conditions because they are binding on you.
1.4 You warrant that You possess the legal authority to enter into any agreement and to use this Website in accordance with its Terms.
1.5 Access to the Website may be temporarily suspended and without notice in the case of system failure, maintenance or repair and for any other reasons beyond the Company’s control.
1.6 The Company reserves the right to modify or temporarily withdraw or permanently withdraw the Website (or any part of it) with or without notice and after shall not be liable to You or any third party for any modification or withdrawal of the Website.
2 CUSTOMER ACCOUNT AND USE
2.1 You agree that any information that You provide when You register as a customer is complete and accurate, and You will notify the Company of any changes to that information.
2.2 You remain responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer to prevent unauthorised access after you have registered.
2.3 You agree not to impersonate any other person/business, organisation or body corporate or to use a false name that You are not authorised to use.
2.4 We may choose to disable any account where we believe that you have failed to comply our terms & conditions, or we think there may have been unauthorised use made of the Website.
2.5 As a condition of Your use of the Website, You warrant to the Company, that you won’t use this Website for any unlawful purpose or for anything prohibited by these terms & conditions.
3 INTELLECTUAL PROPERTY POLICY AND USE OF MATERIAL APPEARING ON THE WEBSITE
3.1 The Website, its design, look, appearance, layout, imagery/graphics and software used in connection with the Website is, and remains, the exclusive property of the Company.
3.2 Any content contained in advertisements (Sponsor related) or any other information given to you via: the Website is protected by copyright, trademarks, service marks, patents or other proprietary rights.
3.3 It is a breach of copyright to use photographs/imagery found on any part of the Website without gaining prior permission from the Company.
3.4 The flowers.co.uk logo is a registered trademark of the Company
3.5 Unless stated otherwise, the intellectual property rights and copyright in all material on the Website are owned and licensed by the Company. This includes graphics, images, video/sound material, text & photographs.
3.6 You agree not to modify, copy, distribute, transmit, display, reproduce, publish, licence, create derivative works from, transfer, sell or resell any software, information, services or products obtained from the Website.
3.7 If You breach any of these terms & conditions Your permission to use the Website, and any extracts of material from it, terminate, and You must immediately destroy any downloaded or printed extracts from the Website.
4 VISITOR MATERIAL AND CONDUCT
4.2 You are prohibited from posting or transmitting to the Website any material that is:
4.21 Threatening, obscene, defamatory, pornographic, offensive, liable to
incite racial/religious hatred, abusive, blasphemous, discriminatory, in breach of privacy or confidence or which otherwise may cause annoyance or inconvenience or:
4.22 For which You have not obtained any/all necessary licences an/or approvals or:
4.23 Which encourages or constitutes conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law or infringe the rights of any third party in the UK or abroad or:
4.24 Which is technically harmful (including, without limitation:- logic bombs, Trojan horses, Worm, Computer Viruses, Corrupted data or other malicious data or software).
4.3 You may not misuse the Website (including, without limitation – by hacking)
4.4 The Company co-operates with any law enforcement authorities or court orders requesting/directing the Company to disclose the identity/location of anyone posting any material in breach of Clauses 4.2 and 4.3
5 LINKS TO THIRD PARTY WEBSITES
5.1 The Website may contain hyperlinks to websites operated by parties other than the Company. The Company does not control these websites and cannot be held responsible for their availability, content or Your use of them. The Company’s inclusion of hyperlinks to such websites does not suggest any endorsement of the material on those Websites, or indeed any association with their operators.
5.2 Any links to third party websites on this Website are provided solely for Your convenience. If You use these links You leave this Website. If You do decide to access any of the third party websites linked to this Website, You do so entirely at Your own risk.
6 LINKS TO THE WEBSITE
6.1 If you would like to link to the Website You may only do so on the basis that You link to, but don’t replicate, the homepage of the Website, and subject to the following conditions:
6.11 You do not create a frame or any other browser/border environment around the Website.
6.12 You don’t in any way imply that the Company is endorsing anything other than its own operation.
6.13 You do not remove, alter or distort the size/appearance of the Company logo.
6.14 You do not link from a website that is not owned by You.
6.15 You do not use the Company trademarks, name or logo without first having gained permission from the Company.
6.16 You do not misrepresent Your relationship with the Company, or present any false information about the Company.
6.17 Your website doesn’t contain anything that is offensive, distasteful, which infringes intellectual property rights/rights of any person, is distasteful or which in any other way does not comply with all applicable laws and regulations.
6.2 The Company reserves the right to revoke permission granted in Clause 6.1 if You breach the terms set out therein, and to take any action in respect of such breach as it deems appropriate.
6.3 You agree to compensate the Company for any loss or damage suffered by the Company as a result of Your breach of the terms in Clause 6.1
7 SECURITY AND INFORMATION MANAGEMENT
7.2 The Company uses industry standard technology for secure commercial transactions when it asks You to submit financial information. This encrypts data. The Company won’t be liable for any unauthorised transactions made using Your personal or financial details, unless we are negligent. Most banks or credit card providers either cover all charges resulting from unauthorised use, or alternatively limit Your liability to a maximum amount. Refer to Your credit/debit card agreement to check Your coverage liability.
7.3 Your dealings with any third parties via: the Website and any terms & conditions agreed with, or representations given by them, are solely between You and such third parties. The third party will be responsible for protection and security of Your personal data or financial details which they collect. You agree that the Company is not liable for such dealings.
8 DISCLAIMER OF LIABILITY
8.1 By entering the Website, You agree that under no circumstance will the Company or its agent, officers or employees be held responsible for any content contained/omitted from the Website, any person’s reliance on any such content, whether that content is complete/current/corrects, any viruses or defects that may exist and be found on the Website.
8.2 All information found on the Website is provided for guidance only. The Company will not be liable, or responsible, or any damage or loss caused as a result of Your doing/not doing anything as a result of reading, viewing or listing any material, or any part of it, on the Website.
8.3 The Company cannot be held responsible for any inaccuracies, omissions or errors (including typographical), or for the results obtained from the use of the Website or its content. All content and any of the services included in, advertised on, or available through the Website are provided ‘as is’ and ‘as available’ with no guarantee of accuracy or completeness, timeliness or of the results obtained there from, and excluding, to the maximum extent permitted by law, all warranties, conditions and other terms (including but without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and use of reasonable care and skill, all representations which for these terms & conditions might have effect in relation to the Website.
8.4 The views expressed on the Website don’t necessarily reflect the views of the Company. All content and any advice received via: the Website, are not intended, or should not be relied upon, for any personal, professional , religious or legal decisions You choose to make. Rather You should consult an appropriate professional to obtain specific advice tailored to Your own particular situation.
8.5 Although the Company takes all reasonable steps to ensure that the Website is safe for use, it is possible that all/some of the material on the Website may be susceptible to data corruption, interception and unauthorised amendment. The Company cannot accept liability/responsibility for the presence of computer viruses in any material on the website – whether it is read, listened to, copied, viewed or accessed in any other way. The Company does not accept liability/responsibility for any loss caused as a result of any computer viruses in any material on the Website.
8.6 Advertisements featured on the Website to not imply endorsement of the services/products advertised. The Company will not be liable/responsible for any damage to Your computer equipment, software, data or other property as a result of Your viewing of, responding to, advertisements (including banner adverts and pop ups) featured on the Website.
8.7 The Company does not guarantee that the Website will be compatible with all hardware and software used by You. The company will not be held responsible/liable for any damage Your computer equipment, software, data or other property as a result of Your access to, use of, or browsing of any material on the Website.
8.8 You shall be responsible for any costs related to servicing/repair or correction of equipment, software or data required as a result of Your use of the material on the Website.
8.9 You enter the Website at your own risk, and if you are unhappy with any portion of the Website, or any of the terms & conditions of use, Your only remedy is to discontinue using the website.
9.1 Our liability to You for death or personal injury caused by our negligence is not limited.
9.2 We will not be held responsible for any loss that You suffer through our failure to comply with the terms of this contract. In particular we will have no liability for any loss that was not a reasonably foreseeable consequence of our failure to comply with the contract – such as loss of profit, opportunity or liability to any third party or in connection with the use, inability to use, or the results of the use of this Website, breaches of security, interruptions or delays, or errors, any websites linked to this Website or the material on the Website, including but not limited to loss or damage due to viruses that may infect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing of this Website, or Your downloading of any material from this Website, or any websites linked to this Website.
These terms & conditions shall be governed and construed in accordance with English law, and disputes arising in connection with Terms shall be subject to the exclusive jurisdiction of the English courts.
Product Terms & Conditions
1 ORDERING PRODUCTS
1.1 In these terms and conditions:
1.1.1 'Account' means the account established between us and a Business;
1.1.2 ‘Business’ means any company, partnership, charity, organisation or business accepted by us as such;
1.1.3 ‘Consumer’ means a natural person acting outside of a business role
1.1.4 ‘Products’ means any products purchased by you through our Website
1.1.5 ‘us/our or we’ means Flowers Online Limited and any of its authorised agents;
1.1.6 ‘Website’ means www.flowers.co.uk
1.1.7 ‘you/your’ means the Consumer or Business who orders the Product/s
1.1.8 By clicking on the ‘Order Button’ you are consenting to be bound by our terms & conditions
1.1.9 You must be over 18 to place an order via: our Website
1.1.10 Whether you are a Business or a Consumer you must have legal authority to order products via: our Website
1.1.11 If you order Products from our Website you will then receive an email which confirms receipt of your order, order number, delivery date, confirmation of any message to be sent with the products you have ordered. VAT registration details will also be included and this confirmation will act as a VAT receipt should this be required. Your order is an offer from you to us to purchase our Products. Our acknoweldgement of your order is not acceptance of your order.
1.1.12 Unless you hold an Account, you will be required to make payment of the entire price of the goods you order before that order is accepted. Once payment has been received we will confirm that the order is accepted, by sending you an email to the email address you provided at the point of ordering. Our acceptance of your order creates a legally binding contract between us.
1.1.13 If you hold an Account we will confirm that your order has been accepted by sending an email to the email address you provided at the point of ordering. Our acceptance of your order creates a legally binding contract between us.
1.1.14 Photographs, illustrations, descriptions and sizing information relating to Products on our Website are intended as a general guide to Product only and don’t form part of any contract with you. Products may vary in appearance from those depicted on the Website.
2 WEBSITE USE AND REGISTRATION
3.1 All Products are subject to availability. We reserve the right to substitute a Product of equivalent or greater value and quality, without notice.
3.2 If we are unable to supply a Product or substitute, we will notify you as soon as is reasonably possible, and shall reimburse your payment in full and in any event no later than 30 days after the intended delivery date.
3.3 We may deliver certain flower Products in bud to ensure longer life. Any special Product information will be shown on our Website.
3.4 Some Products, flowers and plants may be harmful or poisonous. If you require further information before submitting an order please contact our team on 0800 1123 888.
3.5 Under the Licensing Act of 1964 (UK) and 1976 (Scotland) it is an offence for any person under 18 years of age to buy, or attempt to buy alcoholic liquor. It is an offence under Sections 31 and 33 of the Intoxicating Liquor Act 1988 (Ireland) for any person under 18 to buy, or attempt to buy, intoxicating liquor, It is an offence under the Licensing (Northern Ireland) Order 1990 for any person under 18 to buy, or attempt to buy, intoxicating liquor.
4.1 The price payable for the Product that you order is shown on our Website.
4.2 The Website shall detail whether our products are shown inclusive or exclusive of VAT . Except where stated prices are shown exlusive of delivery. Delivery costs (if applicable) will be shown separately in the checkout before you enter your details for payment.
4.3 If the price of a Product is incorrectly shown and is higher than stated on our Website we will either send you an email informing you of the new price and asking you if you want to proceed with your order, or we will cancel the order and inform you.
4.4 If the price of a Product is lower than stated our Website we will send you the Product and charge you the lower price.
5.1 We accept payment by credit or debit card. Unless you hold an Account we will not despatch a Product until we have received payment fro you. If for any reason payment is refused after we have despatched the Product/s we will have the right to request the payment from you or recover the Products from you and charge you for our costs in recovering the Products or seeking further payment.
5.2 If you hold a Business Account you will be invoiced, in arrears, and payment of your Account will be due in accordance with the agreed commercial terms of the Account, or if no such terms are agreed than you will be invoiced monthly and shall have 30 days to make full payment.
5.3 If you hold an Account interest shall be charged in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
6.1 We only delivery Products within mainland UK and the Isle of Wight. Please note that we are sometimes unable to deliver selected products to some areas of Wales and Northern Scotland/Individual postcodes. Where possible we will advise you of those restrictions before you place your order. If you would like delivery to these areas or have a query about where we deliver, please contact us on 0800 1123 888 for further details as we may be able to make delivery subject to an additional charge. We will advise you at the time of your order of any additional charges to remote areas which are not normally delivered to by us.
6.2 Delivery dates, times and delivery cut off times will be detailed on our Website when you order Product/s
6.3 Whilst we agree to use all reasonable endeavours to ensure that delivery will be on the requested date or during the delivery period, you acknowledge that actual delivery will be via: a local florist or via: third party courier or postal service. In very occasional circumstances delivery on the requested terms will not be possible. In such circumstances you will be given prior notice wherever possible and we shall either make alternative arrangements or shall reimburse your payment in full. For deliveries via: third parties please allow up to an additional 48 hours after the requested delivery date for the delivery to be made.
In the case of 3rdParty Courier/Postal delivery services – if the courier/postman is unable to find someone to accept the delivery they may leave a card at the delivery address for the recipient to make and contact and re-arrange a suitable alternative delivery time. We reserve the right to recharge for re-delivery to that or an alternative delivery address.
Please note that if you order a number of items for delivery to the same address, we cannot guarantee delivery on the same day.
6.4 We will deliver the Products ordered by you to the address you give to us for delivery at the time you make your order. We cannot guarantee when any items will be despatched and we are unable to specify a time for delivery.
Please note we only deliver by exception on a Sunday – please see the Website for further details. Courier and postal delivered products are delivered Monday-Friday – orders received on a Saturday/Sunday will be processed on the following Monday.
6.5 Some orders will require a signature on delivery. This will apply in the case of certain Products or to certain locations where a third party is involved, such as Funeral Directors, ships and other business locations, airports and hotels. The signature of any personnel authorised to accept delivery on behalf of the organisation shall be accepted as proof of delivery to your chosen recipient.
6.6 You will become the owner of the Products you have ordered when they have been delivered to you or the representative of the recipient. You are responsible for any insurance (where relevant) after delivery. Once products have been delivered to you they will be held at your own risk and will not be liable for their loss or destruction.
6.7 Neither we, nor any courier/postal services that we use shall be liable for any failure to perform, where such failure, or delay, results from any circumstances outside our reasonable control including, but not limited to any, fire, explosion, flood, adverse weather conditions, accidents, traffic congestion, mechanical breakdown, obstruction of any public or private highway, riot, act of war, terrorism, act of God, industrial dispute or strike whatsoever.
6.8 Please ensure that you enter full and accurate details when placing your order. We will not be held responsible for any order which is not delivered due to you providing us with incorrect information.
7 IF YOU CHANGE YOUR MIND - CONSUMERS
7.1 If you are a Consumer you have the right to cancel your contract before you receive the Products, or to return any Products to us within 7 working days after the date of receipt of the Product. It is your responsibility to take good care of the Products, to ensure that the Products and their packaging are not damaged. If you have already received the Product/s from us and wish to return it/them please follow our returns policy set out below.
7.2 Once you have notified us that you are returning the Products; the cost of the Products will be re-credited to your credit/debit card as soon as possible and in any event within 30 days of your order, provided that the Products in questions are returned by you, and received by us. If you do not return the Products delivered to you, or you do not pay the cost of returning them, we shall be entitled to deduct the direct costs of recovering the products from the amount to be re-credited to you.
7.3 Your right to cancel as specified in Clause 7.1 shall not apply to:
7.3.1 Products supplied to your specification or which are personalised; or
7.3.2 Products which are liable to deteriorate rapidly, but not limited to, flowers
8 REFUND POLICY
8.1 Refunds may occasionally be given at the discretion of the management.
9 FAULTY OR DAMAGED PRDUCTS
9.1 Due to the perishable nature of many of our Products you are advised to make any complaint within 1 working day of the delivery date of your Product
9.2 We guarantee seven days of freshness for our flowers, plants or associated items from the date of delivery. If any flowers arrive damaged, or die or wilt within seven days of delivery you should take a digital photograph of them and email it to firstname.lastname@example.org, or take the flowers to the flower shop that delivered them (if applicable) and we will replace the flowers and deliver them to you free of charge.
9.3 If you want to return a Product to us other than in accordance with clause 9.2 because it was damaged when delivered, or is faulty, please use our returns policy set out in clause 1.1. If you want a refund, not a replacement or repair, we will refund you the price and the delivery costs plus the cost of returning it to us. Please send us a receipt for the return postage costs.
9.4 We will inspect all Products returned to us as faulty or damaged. If we discover that they are not faulty or damaged we may recharge you for the Products and the costs incurred by us.
10 WRONG PRODUCTS SENT
10.1 If we send you a Product that you have not ordered please use our returns policy set out in clause 1.1. If You return it to us we will refund the price, the original delivery costs, plus the costs of returning it to us.
11 RETURNS AND COMPLAINTS POLICY
11.1 If you are returning a Product in accordance with clauses 9 or 10, o if you have a complaint please contact us by email at email@example.com telephone on 0800 1123 888 or by post to: Flowers Online Limited, Unit 35 Romsey Industrial Estate, Greatbridge Road, Romsey, Hampshire, SO51 0HR. You will then be given a returns reference number or customer service issue number (as appropriate). You must quote this number in all correspondence. Each return will be dealt with individually and the most appropriate action agreed with you.
11.2 Where Products are being returned to us we advise you to return Products by a secure postal method to the address given to you by us. Please obtain proof of sending. If you have difficulties returning the products, for example, by reason of size please contact us.
11.3 If you do not use the returns reference number/customer service issue number it may delay our response to you.
12 CANCELLATION BY US
12.1 We reserve the right to cancel the contract between us if:
12.1.1 We have insufficient stock to deliver the Product/s you ordered or;
12.1.2 The price or description of the Products was listed incorrectly due to a typographical error or an error in the pricing information received by us from our suppliers.
12.1.3 If we do cancel your contract we will notify you by email and refund any sum paid by you. We will not be obliged to offer compensation or loss or disappointment suffered by you.
13 OUR LIABILITY
13.1 We will not be liable for any loss you suffer through failure to use the Products in a normal and proper manner or through altering or modifying the Products, failure to follow any guidelines or using the Products in a careless or negligent manner.
13.2 Our liability to you for death or personal injury caused by our negligence is not limited.
13.3 Our liability to you, other than for death or personal injury, caused by our negligence is limited to the cost of replacement of the Products or refund of the price paid for the Products
13.4 We will not be responsible for:
13.4.1 Any loss you suffer through our failure to comply with the terms of this contract. In particular we will not have any liability for any loss that was not a reasonably foreseeable consequence of our failure to comply with the Contract, such as any loss of profit, opportunity or liability to any third party or:
13.4.2 Any failure to delivery Product or delay due to any event or circumstance beyond our reasonable control.
14.1 If any part of these Terms are unenforceable (including any provision in which we exclude our liability to You) the enforceability of any part of these conditions will not be effected.
15.1 All notices from you to us must be in writing and sent to our contact address at : Flowers Online Limited, Unit 35 Romsey Industrial Estate, Greatbridge Road, Romsey, Hampshire, SO51 0HR or email address: firstname.lastname@example.org All notices from us to you will be displayed on our Website from time to time.
16 EVENTS BEYOND OUR CONTROL
16.1 We shall have no liability to You for failure to deliver Products you have ordered or any delay in doing so for any damage or defect to Products delivered if caused by any event or circumstances beyond our reasonable control including, but without limitation, strikes, industrial dispute, lockouts, breakdown of systems or network access, flood, fire, accident or explosion
17.2 By placing an order with Flowers Online Limited you are agreeing to receive promotional information from Flowers Online Limited via: email. Please send an email to email@example.com you do not wish to receive promotional information.
18 THIRD PARTY RIGHTS
18.1 Any person who is not a party to this agreement has no right under Contracts (Rights of Third Parties) Act 19999 to enforce any term of this agreement, but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
19 GOVERNING LAW
19.1 The Contract between us shall be governed by and interpreted in accordance with English Law and the English Courts shall have jurisdiction to resolve any disputes between us.
20 ENTIRE AGREEMENT