These terms and
conditions set out the legal relationship which is entered into by a person placing
an order via this web site (‘you’). This web site is operated by Flying
Flowers (Jersey) Limited a company registered in Jersey (company number 42069)
whose registered office is at Retreat Farm, St Lawrence, Jersey JE3 1GX
(trading as Flowers Direct) (‘we’ or ‘us’). Sections 9 and 13 apply
to all users of this web site irrespective of whether an order is placed.
Flowers Direct Mother’s Day £5 Voucher Terms and Conditions
- A £5 voucher shall be issued to customers placing
individual orders between January 23rd and February 5th.
- Customers who qualify for the voucher will be contacted via
email week commencing 6th February with details of their voucher.
- The voucher will be valid until the 18th March.
- Voucher cannot be exchanged for cash.
- The voucher can be redeemed against any single transaction
with Flowers Direct where the value totals £30 or over, excluding any
relevant delivery charges.
- After a voucher is redeemed, any refund against the
original qualifying order will have the redeemed voucher value deducted.
- Vouchers cannot be used in conjunction with any other
offers.
- Vouchers can be redeemed by placing your order online at
flowersdirect.co.uk or by phone on 0808 144 0808.
- Flowers Directs’ general terms and conditions for
using the website apply
If for any reason you do not hear from us regarding this offer, please
call us on 0808 144 0808.
1. Basis of
Contract
1.1 We operate a
relay network made up of independent third party florists (the “Network
Florists”) who fulfil orders taken centrally by us. Most of the products we
offer are supplied via Network Florists. Where this is the case we will arrange
for the preparation, supply and delivery of your ordered products by a Network
Florist.
1.2 Certain of
our products are prepared, supplied and delivered directly by us and where this
is the case we will clearly disclose this in the product description appearing
on this web site.
1.3 By placing an
order on this web site you offer to purchase the products contained in your
order and agree to be bound by these terms and conditions. The contract of
sale is formed when you receive our e-mail confirming your order. The contract
of sale is concluded between you and the relevant Network Florist where you
order a product which will be prepared, supplied and delivered by a Network
Florist (and in this case we act as agent for the Network Florist). The
contract of sale is concluded between you and us where the product is
identified as one which will be supplied by us directly.
2. Products
2.1 We make every
effort to ensure that the availability information on our web site is accurate
and up to date, but there may be occasions when products advertised are not
available for delivery to your chosen address on your chosen date (for instance
because the Network Florist(s) covering your delivery address are out of stock
of particular lines).
2.2 Where your chosen
product is unavailable a substitute of equal or greater value may be
substituted without notice.
2.3 Flowers may be delivered in bud to ensure longer life.
2.4 In the event that we or the Network Florists are unable to supply your
chosen product or a suitable substitute product we will notify you as soon as we
can and reimburse your payment in full.
3. Prices and Ordering
3.1 Prices shown on
this web site are subject to change without notice. All prices shown include
VAT at the appropriate rate where
applicable.
3.2 When ordering both flowers and gifts for delivery to the same address only
one delivery charge will apply.
3.3 In order for us or the Network Florist to deliver your order on the date
you have requested we require complete and accurate details of the recipient, including
a recognisable recipient name, address details, postcode and contact telephone
number(s). Please note that UK orders can only be accepted for delivery to
addresses on the UK mainland and that we cannot deliver to PO boxes. Same day or next day delivery may occasionally not be available to some mainland addresses due to location or local conditions.
3.4 Your order will only be processed once full payment has been received. We
accept payment by all major credit and debit cards, including Amex and Diners
Club. If you are experiencing any problems processing your order / credit or
debit card, please call our Help Line on 08457 501 224 or from outside the UK +44 1245 228 550.
3.5 When your payment
has been processed you will be sent an order confirmation email with a unique
purchase reference number. Please use this reference number in any subsequent correspondence.
3.6 Please note that during the order process or registration your input
information is captured live at the individual field level. In the event that
an order or registration field is only partially completed we may use your
email address captured in this way to send a follow-up email.
3.7 Orders for
products containing alcohol cannot be accepted from customers under the age of
eighteen and cannot be delivered to recipients under the age of eighteen.
3.8 Flowers Direct online discount voucher codes can only be used against
purchases made from the Flowers Direct website; we are unable to accept any
voucher codes through Network Florists. Voucher codes must be entered at the
point of placing your order within the discount box provided on the checkout
page. Only one voucher code can be used per order. Voucher codes entitle you
to a percentage discount on product prices only; the discount does not apply to
delivery charges. There is no cash alternative.
4. Delivery
4.1 Standard delivery
charges are set out on the product ordering pages of this web site.
4.2 For delivery to
some postcodes in remote areas there may be an additional delivery charge. If
this is the case you will be advised prior to delivery being made or the
charges incurred.
4.3 Same Day Delivery to recipients on mainland UK is normally possible on
orders received by us no later than 3.00 pm (GMT).
4.4 Next Day Delivery products are despatched by a Network Florist or, where a
product is fulfilled by us, by one of our selected courier services or by Royal
Mail First Class Packet Post.
4.5 Deliveries are
generally available Monday to Saturday. Deliveries will not normally be made
on Sundays (with the exception of Mothers Day, when special delivery charges
will apply) or on UK public holidays. Please contact our hotline 0808 144 0808
or +44 1245 228 550 if you require a special delivery at these times to see
whether it is possible for us to arrange this delivery request.
4.6 We will always
try our best to arrange for delivery of your order on the date you have
requested. Very occasionally circumstances arise which mean we will not be
able to do this. In such circumstances you will be given prior notice wherever
possible and we will make arrangements to ensure delivery is achieved as close
to the requested date as possible.
4.7 Hours of delivery are generally between 8:00am and 8:00pm and we will try
to arrange for delivery before 4pm especially in the case of birthdays and
anniversaries. However we cannot guarantee any specific delivery time. Where
you are offered the option of expressing a preference for a.m. or p.m. delivery
please note that we will try honour the preference but may not be able to do so.
4.8 In the case of
orders for funerals placed at least 48 hours in advance it is possible to
select a preferred delivery time during the order process. This option should
be used only for orders requesting delivery to the funeral or to a funeral
parlour. 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 and that
all delivery details have been confirmed as current and accurate.
4.9 When delivery is to be made to locations where a third party recipient is
involved (such as hospitals, airports, hotels and ships) the signature of any
person authorised to accept delivery on behalf of the organisation shall be
accepted as proof of delivery to the recipient. When delivering to hospitals we
generally try to arrange delivery by ward or in the case of courier deliveries
to the hospital’s ‘goods in’ section. However it is always possible that
delivery will be rejected by the hospital or other third party recipient and we
cannot accept any liability or offer a refund or replacement where this is the
case.
4.10 If there are difficulties in delivering your order to the intended
recipient we and/or the Network Florist reserve the right to contact the
recipient using the contact details you provide on the order form. If you have
not provided a telephone number for the recipient and their telephone number
has not been registered as ex-directory we may take steps to obtain their telephone
number in order to achieve a satisfactory delivery.
4.11 Whilst delivery
confirmation will not automatically be sent to you, we should be able to give
verbal confirmation or updates on request. Where an order needs to be traced we
will use our reasonable endeavours to do so as quickly as we can.
5. Cancelling or Changing Your Order
5.1 Non-Perishable
Goods (e.g. wine): In accordance with the Distance Selling
Regulations, you have the right to cancel an order for non-perishable goods at
any time up to 7 working days from the day after you (or the recipient)
receives them. If you wish to cancel an order on this basis you must contact
us within that period. You (or the recipient) must also take reasonable care
of the goods whilst in your or their possession and we or the Network Florist may
require you or them to return them at your own cost. You will be entitled to a
full refund (including any postage and packing costs) where you cancel in
accordance with this section 5.1.
5.2 Perishable Goods (e.g. cut flowers):
a) Perishable goods
for Next Day Delivery may (subject to 5.2(c)
below) be cancelled provided we are notified of cancellation at least two days
before the delivery date.
b) Perishable
goods for Same Day delivery may (subject to 5.2(c) below) be amended or
cancelled provided we are notified of cancellation at least one day before the
delivery date (and may not be cancelled or amended if the order is placed later
than this).
c) Perishable
goods for delivery during the Valentine's, Mother's Day and Christmas periods
may only be cancelled or amended if we are notified at least three days before
the delivery date.
6. Complaints, Refunds and Returns
6.1
We are fully committed to ensuring that you receive the best possible service
both in relation to orders placed with Network Florists and those dealt with by
us directly.
6.2
In relation to Network Florist orders, complaints about quality or
delivery of the products are the responsibility of the Network Florist which sold
and supplied the products. However, we have set up a central complaints
handling procedure that enables you to direct all complaints to us. We will
then handle the complaint on your behalf and resolve the issue with the Network
Florist.
6.3 If you are not
satisfied with the service that you have received please let us know and your
complaint will be investigated. If your complaint is with regards to the condition of the flowers you have received please provide photographic evidence if possible. Our complaint handling process is available online by using the ‘Contact Us’ link, or we can be contacted by the following
means:
By post: Customer Service Department,
Flowers Direct Online, Saxon House, 27 Duke Street, Chelmsford, Essex CM1 1HT
By phone: 0871 750 1224 (inside UK) / +44 1245 228 550
(outside UK). Lines are open from 9:00am – 5:00pm Monday – Friday
By email: customerservice@flowersdirect.co.uk
6.4 We aim to acknowledge all queries within three working days, and deal with
complaints fully within five working days. At our busiest times of year (around
Valentine’s Day, Mother’s Day and Christmas) this may take slightly longer.
6.5 Because of the perishable nature of our cut flower products and in order to
assist us in resolving your complaint please make any complaint within 3
working days delivery of your order where possible. Complaints which are not
made within 7 working days of the date of delivery may not be able to be
processed.
6.6 Where the products supplied were not of satisfactory quality, upon receipt of photographic evidence we will arrange for you to receive a full refund or if you prefer (and subject to the availability of equivalent replacement products) a replacement. Where a refund or replacement is provided, you may be required to return the unsatisfactory products (at our cost or the Network Florist’s cost).
6.7 Where your
complaint relates to late delivery, non-delivery or other service issues and we
are satisfied that it is genuine we will (in the case of orders
placed with a Network Florist) use every effort to investigate and secure an appropriate
replacement or refund for you; or, where an order has been fulfilled by us
directly, we will give you an appropriate replacement or refund.
6.8 Your statutory rights are not affected by anything in these terms
and conditions.
7. Privacy Policy
7.1 We will never
share your personal information with third parties (other than Network Florists
and any data processors acting on our behalf, for instance for the purpose of
processing credit card transactions) without your prior consent.
7.2 We will always employ security technologies and methods which are in
accordance with current industry standards in order to protect your information.
Our payment details page is protected using a 40-bit encrypted secure server,
along with the added security of PGP encryption software. For your security we
do not retain payment details (for instance credit card details) on our systems
after an order has been processed.
7.3 Where an order
is to be dealt with by a Network Florist we will pass the recipient’s details
to the Network Florist solely for the purpose of enabling the Network Florist
to fulfill the order. We will not pass your details to the Network Florist.
8. Liability
Save in the event of: (i) death or
personal injury caused by our negligence or that of a Network Florist or of our
or their employees, agents or contractors; (ii) fraud; (iii) any liability we
or a Network Florist may have under UK product liability legislation; and (iv)
any other liability which cannot legally be excluded, our liability to you and
that of the Network Florist in respect of any order you place is limited to the
value of the order including any VAT and P&P charges.
9. Intellectual Property
All intellectual property rights
(including copyrights, trade marks and design rights) in the content of this
web site are owned or controlled by us. In accessing our web pages, you agree
that you may only download the content for your own individual and
non-commercial use. You are not permitted to copy, broadcast, download, store (in
any medium) transmit, show or play in public, adapt or change in any way the
content of our web pages for any other purpose without our prior written
permission.
10. Third Party Information
We cannot be held responsible for
material displayed on third party web sites (such as directory or price
comparison sites) or any other third party materials. The only prices that
apply to our products are those stated in our catalogues and on our web site
from time to time.
11. Policies and Terms &
Conditions
We reserve the right to make
changes to our web site, policies, and these terms and conditions at any time.
The terms and conditions applicable to any order will be those in force at the
time when the order was placed. If any of these conditions is deemed invalid,
void, or for any reason unenforceable, that condition will be deemed severable
and will not affect the validity and enforceability of any remaining condition.
12. Events Beyond Our
Reasonable Control
We and the Network Florists will
not be held responsible for any delay or failure to comply with our obligations
under these terms and conditions if the delay or failure arises from any cause
which is beyond our reasonable control. Such causes would include (but are not
limited to) extreme weather conditions, fire or flood and industrial action.
13. Governing Law and
Jurisdiction
These terms and conditions are
governed by the laws of England and Wales. You agree to submit to the exclusive
jurisdiction of the English courts in respect of any disputes arising from
these terms and conditions or otherwise arising in respect of any order placed
by you.