Terms & Conditions
We set out below the Terms and Conditions which govern our sale of Products and Services to you. Please take a moment to read through these Terms and let us know if you have any questions before making any order or payments.
These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
Definitions:
“Product(s)” mean any flowers, plants, greenery, vases, candles or anything else supplied by us to you including for events where we are providing Services to you.
“Service(s)” mean any services we provide to you e.g. supplying, delivering, installing and /or removing flowers for an event.
“Us” means Florina Flowers (or any affiliated companies).
“You” means the customer.
“We” means Florina Flowers (or any affiliated companies).
Products and Services
All Products and Services (which may vary from time to time) are available in London, England.
- We can provide Services outside of London by prior arrangement. Extra fees apply.
- Products may vary from their pictures shown on our website or in presentations. The images of the Products are for illustrative purposes only. Since flowers, foliage and plants are natural products, colour variation will occur between flowers, foliage and plants of the same species, although the predominant colour will be as represented. Accordingly, your Product may vary slightly from those images due to natural variation. In the event that a flower, foliage or plant shown in a bouquet is unavailable at the time of fulfilment of your order we will substitute the relevant flower, foliage or plant with a flower, foliage or plant of a similar value.
- Product packaging may vary. The packaging of the product may vary from that shown in images in our marketing materials but will always be of a similar quality. We may substitute glassware shown on the website with alternative glassware of a similar value whilst ensuring that the overall aesthetic of the chosen product is not adversely affected.
- Certain Products may be supplied by us in bud to ensure longer life, although for events we will make reasonable efforts to avoid this.
- Some Products may be harmful or poisonous, and by making an order for our Products or Services you acknowledge that you understand and are responsible for these once they have been supplied to you e.g. at an event.
- All Products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute a Product of a reasonably similar value and quality without notice.
- In the event that we are unable to supply the Product or any substitute product to you at all, we shall notify you as soon as is reasonably possible.
Changes
- Changes you wish to make:
- If you wish to make a change to the Product you have ordered please contact us by emailing [email protected] inserting “Urgent Change – [Your name] and Order reference number [ ]” into the subject. We will let you know if the change is possible (this will usually depend on the time that has elapsed since you placed the order). If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
- Our right to make changes to Products or Services
- Minor changes to Product or Services. We may change the Product or Service:
- to reflect changes in relevant laws and regulatory requirements – for example, laws or regulations which affect the way in which products are packaged; and
- to implement minor technical adjustments and improvements.
- Reasons we may suspend the supply of products to you
- We may have to suspend the supply of a Product or Service to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements; or
- make changes to the Product or Service as requested by you or notified by us to you.
- We may also suspend supply of the products if you do not pay. If you do not pay us for the Products or Services when you are supposed to.
- Given that our products are classified as “rapidly deteriorating” goods for the purposes of the Consumer Contract Regulations 2013, you do not have a statutory right to cancel your order after it has been accepted by us. However, you can still end the contract before it is completed, but you may have to pay us compensation. Our contract with you is completed when your product is delivered.
- Our rights to end the contract
- We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due;
- you are in breach of the contract; or
- you do not allow us access to the premises to supply the Products or Services;
- Photography
- We reserve the right to take, use and publish any photos or videos relating to any Products or Services supplied by us for use in our marketing materials. We usually take photos or videos before an event takes place, but we reserve the right to take them during and after an event where appropriate.
Prices
2.1 All prices are in British Pounds (GBP).
2.2 Prices listed within the Service are valid for a maximum of two weeks from submitting your order.
Order / Payments
3.1 When making an order you are required to provide us with your personal details, including (where relevant) accurate postcode, together with those of the intended recipient and all necessary payment details. Accurate venue details are needed if we are supplying Products or Services at a venue e.g. for a wedding.
3.2 We only accept payment by bank transfer (unless expressly notified to your otherwise). However you pay, by making an order, you are consenting to be bound by these Terms and Conditions appearing on our website(s).
3.3 Submitting your order is subject to our acceptance of this offer and we will not consider ourselves bound by a contract with you unless we have issued you a confirmation of order delivery by email. This is not the email sent on submission of an order.
3.4 We cannot accept orders from customers under the age of eighteen (18) years.
Refund Policy
4.1 Refunds may occasionally be given at the discretion of the management.
4.2 Because of the perishable nature of many Products, you are advised to make any complaint within 1 working day of the delivery date of your Products.
4.3 All Products require care, attention and in the case of all cut flower and some plants require fresh water, if it is deemed that the Products have not been cared for, then we will NOT refund or offer an exchange of Products.
4.4 All Products that are claimed to be faulty or damaged must be returned to us. We will inspect all Products returned to us claimed to be faulty or damaged. If we discover that they are not faulty or damaged we will NOT refund or offer an exchange of Product.
4.5 Any Wedding booking fee or deposit for Products or Services ordered will NOT be refunded.
Cancellation
5.1 Any cancellation before your event date will remain non-refundable because of the time we invest in planning your event, engaging with you throughout including answering your questions, visiting the venue with you, visiting the flower market to speak to suppliers about the flowers you would need etc.
Delivery
6.1 Our delivery service is only within the London, England.
6.2 On acceptance by us of your Order Form we will advise you by e-mail confirmation of the intended delivery date. We will process Order Forms received on Sundays or Public Holidays the next working day.
6.3 Anomalies in your submitted personal details may lead to problems or delays in delivery, so before placing your order, please ensure that you have included the full address details, including accurate postcode of the intended recipient and your daytime contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered.
6.4 Whilst we agree to use all reasonable endeavours to ensure that delivery will be on the requested delivery date you acknowledge that 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.
6.5 In case of delivery to certain locations where a third party is involved, such as offices, hospitals, airports, hotels, ships and other business locations, the signature of any person authorised to accept delivery on behalf of the organisation shall be accepted as proof of delivery to your chosen recipient. Please be advised that we are unable to deliver wines, and plants to Funeral Directors, Hospitals, airports or ships.
6.6 Please note that we are only responsible for delivering against signature to the address you quote (or an imminent neighbour if no one is at home) we regret that where goods have been correctly delivered we can not accept responsibility if the intended recipient has moved, or lives elsewhere, and the actual received refuses or fails to return item(s).
6.7 Where the carrier is unable to find someone to accept delivery they will either deliver to a neighbour or leave a card at the address for the recipient to make contact.
6.8 It is possible to select a preferred delivery time within the order process in the Delivery Notes field. This option should be used only for orders requesting delivery to funerals or funeral parlours. Whilst every effort will be made to ensure your order is delivered prior to the time selected, no guarantee for delivery by the time specified can be given. To assist us in meeting your preference, please ensure your order is placed at least one working day prior to the preferred delivery time.
6.9 In the instance of there being difficulties in delivering your order to the intended recipient we reserve the right to contact the recipient using the contact details you provide on the Order Form.
6.10 When placing your order you are able to specify further delivery information using the ‘Delivery Notes’ field provided. This is intended to provide further guidance to the party delivering your order which isn’t included within your address information, for example to specify floor number, or hospital ward. We reserve the right to not action any delivery requests specified in this field which we deem unacceptable and will use other elements of address information provided elsewhere on the order form to fulfill your order.
Customer Services
7.1 In the event that you are not satisfied with the Online Service any complaints should be addressed to “Customer Service – Florina Flowers” – [email protected]
7.2 Because of the perishable nature of Products and in order to assist us in resolving any complaints quickly, we advise you to make any complaint within one working day of the date of delivery or intended delivery of your purchase.
Disclaimer
8.1 Whilst we agree to use our reasonable endeavours to ensure that our website is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the website and shall be released from our obligations under these Terms and Conditions in the event of any cause beyond our reasonable control which renders the provision of the website impossible or impractical.
8.2 Liability
8.2.1 Our liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your Order Form with us shall be limited to the price you have paid for the Products.
8.2.2 Subject to clause 8.2.1 above we exclude all liability for any claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly out of or in any way connected with your use or inability to access our website(s) and/or the online service, whether arising in contract, tort (including negligence), under statute or otherwise PROVIDED THAT nothing contained in these Terms and Conditions affects or will affect your or the recipient’s statutory rights in relation to the quality, fitness or description of the Products supplied.
8.2.3 We shall not be liable for any delay or inability to perform our obligations to you if such delay is due to any cause whatsoever beyond our reasonable control.
General
9.1 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the website from time to time. We will post any changes on the website and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the website. Changes will be effective two (2) hours after the posting of any such change and all subsequent dealings between you and us shall be on the new terms and conditions.
9.2 Additionally, we reserve the right to suspend, restrict or terminate access to the website for any reason at any time.
9.3 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the website, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9.4 We shall ensure that we comply with the requirement of all current data protection legislation including, without limitation, the Data Protection Act 1998 (as replaced, modified or re-enacted from time to time). We shall only use personal data received from you for the purpose of fulfilling our obligations under these Terms and Conditions and as stated in our Privacy Policy.
9.5 A person who is not a party to the agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists apart from that Act.
9.6 Save in respect of fraudulent misrepresentation, this agreement (including any documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets forth the entire agreement and understanding between you and us relating to the subject matter hereof.
9.7 Your purchase will be deemed to have occurred in England. These Terms and Conditions shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English courts.
9.8 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organization in connection with a commercial or corporate transaction. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
9.9 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
9.10 Nobody else has any rights under this contract except for the person or legal entity who made the order.
9.11 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.
9.12 If a court finds part 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.
9.13 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.
9.14 Any order for Products or Services are governed by the laws of England and Wales.
9.15 These Terms & Conditions constitute the entire, final, complete agreement between the you and us with respect to the subject matter hereof and supersedes any prior agreements or communications between us, whether written, oral, electronic or otherwise.