This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.flowersbuydelivery.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. INFORMATION ABOUT US
1.1 www.flowersbuydelivery.co.uk is a site operated by The Harvest Garden (we). We are a registered partnership in Scotland. Our main trading address is 58 - 60 Morningside Road Edinburgh EH10 4BZ, Our VAT number is 398186689.
2. SERVICE AVAILABILITY
Our site is only intended for use by people resident in any country of the world. Some restrictions are placed on the extent to which we accept orders from specific countries.
3. YOUR STATUS
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are resident in one of the Serviced Countries; and
(c) You are accessing our site from that country.
4. MAIN GUARANTEE (FLOWERS)
All our fresh flower products are delivered with a Vase Life Guarantee. Some flower varieties last longer than others. For example carnations and chrysanthemums have a life expectancy of a few weeks whereas spring flowers you can only expect a few days, this is nature.
FlowersBuyDelivery.co.uk guarantee your flower product will last for the stated period providing the necessary care instructions, which are printed on the reverse of your gift card, have been followed in full.
In the unlikely event that a fresh flower product does not live up to its guarantee we will simply dispatch a replacement for you at our cost. We do require notification of any complaint before the guaranteed period finishes. We are not able to offer a replacement after the Main Flower Guarantee period has passed.
For us to investigate any flower product complaint received after the initial guarantee period but before the end of the Main Flower Guarantee period, we may require return of the item/s or images to be sent by e-mail or post. Return postage costs are the responsibility of the sender until the product is proved to be faulty. We are not able to offer a replacement after the Main Flower Guarantee period has passed. If you are returning goods, they must be returned to us within 3 working days in their original packaging.
5. NO QUIBBLE GUARANTEE (FLOWERS)
FlowersBuyDelivery.co.uk guarantee that your flowers will reach you fresh and in perfect condition. If this is not the case, please let us know within 3 days of the delivery taking place and we will simply send you a replacement, at our cost. We are always looking for ways to improve our service and will require return of the original item.
6. OUR CONTRACT WITH YOU
6.1 These terms and conditions apply:
6.1.1 so far as the context allows, to you as a visitor to our website; and
6.1.2 in any event to you as a buyer or prospective buyer of our goods.
6.2 Goods advertised may not be available.
6.3 We shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase and tell you when we shall dispatch your order. That is when our contract is made. It is possible that the price may have increased from that posted on our website.
6.4 We may change these terms from time to time. The terms that apply to you are those posted here on our website on the day you order goods.
6.5 All descriptions, weights and sizes of goods are those of the original manufacturers and you may not rely on their accuracy. Accordingly, any such description shall not form part of this agreement.
6.6 If we do not have the goods you order in stock, we will - in the case of flowers/plants - send an alternative as outlined elsewhere on the website which will be of equal or greater value, quality and style. In the case of other items, we will offer you alternatives before we dispatch your order.
7. OUR STATUS
7.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
7.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
8. CONSUMER RIGHTS
8.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10).
8.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
8.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
Because you are buying the goods by mail order, you may have a right of cancellation. If you do (and only if you do), these are the terms which apply
9.1 You must tell us you wish to cancel within 2 days prior to the delivery of your of the goods;
9.2 In any event, you may not cancel orders for food or other perishable goods, nor for handmade, specially commissioned or personalised goods;
9.3 The goods must be returned to us within 7 days of your telling us you wish to cancel:
9.3.1 with both goods and all packaging in their original condition;
9.3.2 securely wrapped;
9.3.3 including our delivery slip;
9.3.4 at your risk and cost.
9.4 After we have received the goods, we will credit your credit or debit card with the full purchase price of the goods returned no later than 30 days from the date of receipt;
9.5 If you do not return the goods to us, you are still liable to us for the cost.
9.6 We are under no obligation to collect or recover goods from you, but if we do, our costs will be payable by you.
10. GENERAL DELIVERY INFORMATION
All products on this website are available for nationwide delivery to the whole of the UK (England, Scotland, Wales and Northern Ireland). We can arrange flowers to be delivered to Southern Ireland (Eire) though a surcharge will apply for this. UK Delivery is completed (next day or future date as required) by courier or delivered by our network of locally appointed florists on a before 6pm service Monday - Friday only (some rural areas excluded). Our delivery service is available on Sundays and Bank Holidays in the Edinburgh area only. For Edinburgh Central area please e-mail us for further information.
Orders for delivery on the next working day need to be placed by 2.30pm the day before. Orders made for delivery on Monday need to be placed by 2.30pm the preceding Saturday.
On the day of delivery, the courier will attempt delivery of your gift. A signature is required on delivery, if the courier cannot get a response at the delivery address the gift will be returned to the local delivery office and a Called Today Card left at the delivery address. Wherever possible we will leave delivery with a neighbour unless we have instructions from the sender saying otherwise. It is the recipients responsibility to make contact same day with the courier on their return, calling the phone number on the Called Today Card to either arrange to collect or alternatively have the courier re-deliver the gift by special arrangement locally, this will usually be the following day. FlowersBuyDelivery.co.uk cannot accept responsibility or costs incurred for deliveries where the recipient has not initiated or delayed contact with the courier. This action remains wholly the responsibility of the recipient.
Delivery to flats. In some flats please be aware that neighbours, a doorman or security will sign to receive deliveries for a recipient. You should be aware of this when placing an order for delivery. If a delivery has not arrived on time to a flat it is likely that it has been accepted and signed for on the recipient’s behalf. Please therefore check with neighbours, doormen or security.
For orders where a third party will accept and sign for the delivery on the recipients behalf i.e. a hospital, airport, college, university, workplace, secure housing with a doorman etc. the signature of any person authorised to accept a delivery on behalf of the organisation shall be accepted as proof of delivery. FlowersBuyDelivery.co.uk suggests that the sender takes the time to inform any such third party to expect their delivery prior to placing an order to ensure there is no delay in the recipient receiving their gift.
On very rare occasions deliveries can be delayed due to adverse weather conditions or other circumstances beyond our control such as postal strikes. If any general information is sent to us by our couriers we will let you know either by email or by calling you. If a courier contacts us regarding a specific order we will be in touch with the sender. Where a delay in delivery due to weather conditions has resulted, a refund of delivery will be offered.
11. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 28 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
Due to occasional demand or supply of products, containers and baskets on this website, in particular fresh flowers we do reserve the right to substitute any item from any of our ranges for a similar variety, brand or make as necessary from time to time without prior notice. We will ensure that any substituted product is of equal or greater value. If your requirement is specific please call us on 0131 4471788 prior to ordering to establish availability.
12. RISK AND TITLE
12.1 The Products will be at your risk from the time of delivery.
12.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
13. PRICE AND PAYMENT
13.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
13.2 These prices include VAT but exclude delivery costs which will be added to the total amount due as set out in our Delivery Guide View Now
13.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
13.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
13.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
13.6 Payment for all Products must be by credit or debit card. We accept payment with Visa, Visa Delta/Debit, Visa Electron, Mastercard, UK Maestro, Solo, American Express and International Maestro.
14. OUR REFUNDS POLICY
14.1 When you return a Product to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 (www.practicallaw.com/A above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
14.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
15. SENDER’S RESPONSIBILITY
It is the sender’s responsibility to ensure that the delivery address and details given for the recipient are correct and complete. FlowersBuyDelivery.co.uk will not accept any responsibility or costs incurred for non-delivery to an intended recipient where this information is either incomplete or incorrect. This includes the postcode. NB. Where a perishable product is returned to us for such reasons a re-stocking fee of up to 90% of the product cost will be deducted from any refund. Delivery charges if applicable will not be refunded.
It is the senders responsibility to ensure that a recipient will be at the given delivery address to receive their gift. FlowersBuyDelivery.co.uk will not offer a replacement gift where a recipient is away, on holiday or similar. It is not possible to re-direct a gift once dispatch has taken place.
16. OUR LIABILITY
16.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
16.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
16.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
16.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time however arising and whether caused by deceit (including negligence), breach of contract or otherwise, even if foreseeable;
provided that this clause 16.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 16.1 or clause 16.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 16.4.
16.5 Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
17. IMPORT DUTY
17.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
17.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
18. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to The Harvest Garden at firstname.lastname@example.org We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
20. TRANSFER OF RIGHTS AND OBLIGATIONS
20.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
20.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
20.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
21. EVENTS OUTSIDE OUR CONTROL
21.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
21.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
21.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
22.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
22.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
22.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
24. ENTIRE AGREEMENT
24.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
24.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
24.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
25. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
25.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
25.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
26. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of Scotland. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Scotland.