TERMS & CONDITIONS

These terms and conditions (the “Terms and Conditions”) are the terms and conditions upon which foreverblooms British Unit (“foreverblooms, we or us”) make the foreverblooms website at the domain name foreverbloomsflorist.co.uk as well as any of our consumer apps (e.g. voice ordering skills), mobile websites, and other related subdomain websites and services (collectively, the “Websites”) available to you and any of our services which are accessible on or via the foreverblooms Website (the “foreverblooms  Service”).

These Terms and Conditions govern your use of the Website and the foreverblooms Service.

Products

1.1          All products as depicted on this Website (as may be varied from time to time) are available for delivery almost everywhere in the UK, Channel Islands, Republic of Ireland and Isle of Man – or as otherwise directed. Certain product ranges are available in selected delivery areas only.

1.2         All products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute with a product of equivalent value and/or quality without notice.

1.3          In the event that we are unable to supply all or part of your order (the product or any substitute product to you at all), we shall notify you as soon as possible and reimburse your payment in full no later than 7 days after the intended delivery/collection date.

1.4          We are unable to offer champagne or other Finishing Touches/Added Extras with products ordered from selected ranges.

1.5          Products are delivered within 3 full working days ( not including weekends ) unless another delivery date or delivery service is requested. See section 5 for delivery services.

1.6          Selected products are not available for next day delivery or other special delivery services.

1.7          We guarantee the longevity of the item be a minimum 8 weeks and above with general wear and tear due to weather conditions if used outside.

1.8          Food items may contain allergens. We may at any given time replace an item with another similar item dependent on stock availability from our suppliers. It is your sole responsibility to check any and all ingredients of said delivered items before consumption by yourself or any third party that said items have been purchased for and to be consumed by yourself.

Alcoholic Gifts

2              Under the Licensing Act of 1964 (UK) and 1976 (Scotland) it is an offence for any person under 18 years to buy, or attempt to buy, alcoholic liquor.

Prices

3.1          Prices listed within the foreverblooms Service are valid for a maximum of 7 days from the date of submitting your order.

3.2          Prices include VAT for deliveries within the UK, Republic of Ireland and Channel Islands.

3.3          Except where stated product prices exclude delivery charges.

3.4          Product prices for items requiring delivery outside of the UK, Republic of Ireland and Channel Islands exclude delivery charges.

3.5          Please note that from time to time, product and delivery prices on foreverblooms.co.uk (or a subdomain of) may vary to those offered by foreverblooms Florist or via the telephone ordering line.

3.6          Product prices are subject to change without notice.

Orders/Payments

4.1         You will be given clear instructions to navigate the order process and will be required to provide us with your complete personal details, including accurate postcode, together with those of the intended recipient address and all necessary payment details.

4.2         We accept payment by most major credit and/or debit cards, other than Diners, department store cards and any other credit and/or debit cards as we may specify from time to time.

4.3         By clicking on the ‘Pay Now’ button at the end of the order process, you are consenting to be bound by our Terms and Conditions contained in these terms and conditions and appearing anywhere on the website.

4.4          Submitting your order is subject to our acceptance of this offer. We will send an email confirmation of your order details to advise that we are processing your order via the email address you provide. We will not consider ourselves bound by a contract with you until we have issued this email confirmation.

4.5          We cannot accept orders from customers under the age of eighteen (18) years.

Delivery

General Notes

5.1          Selected products are not available for delivery to certain areas. We will advise you of these restrictions before you place your order.

5.2          To avoid problems or delays with delivery, please ensure that you have included the full address details, including accurate postcode of the intended recipient and telephone number, together with your daytime contact telephone number or email address so that in the event of any delivery problems being encountered foreverblooms, or a foreverblooms florist, may contact you and confirm delivery details to enable delivery to be made.

5.3          Whilst we agree to use all reasonable endeavours to ensure that delivery will be on the requested delivery date or during the delivery period, you acknowledge that actual delivery will be via a third party courier 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 reimburse your payment in full in accordance with clause 1.5.

5.4          In the case of delivery to certain locations, where a third party is involved, such as offices, hospitals, funeral directors, 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.

5.5          Please be advised that some products are unsuitable for delivery to funeral directors, hospitals, airports or ships; please contact the foreverblooms Customer Contact Centre for further information using the contact details.

5.6          Please be aware that the carrier will deliver the goods to the address provided in good faith and we cannot accept responsibility if the intended recipient is no longer at that address and the receiver refuses or fails to return the items(s).

5.7          Please note that where the carrier is unable to find someone to accept delivery, or unable to leave the delivery in a secure location, they will leave a card at the address for the recipient to make contact and re-arrange delivery. If the recipient fails to make contact in good time we reserve the right to charge for re-delivery to that or an alternative address.

5.8      In respect of orders for items from the ‘Funeral’ product ranges only, for delivery to funerals or funeral parlours, it is possible to select a preferred delivery time within the order process via the contact us section at the foot of main page. 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 two working days prior to the preferred delivery time.

5.9          Before placing your order, please review delivery cut-off times and prices.

5.10        Please note that if you order a number of items for delivery to the same address, they will be despatched together and handed over to the courier provider, once left our establishment we have fulfilled the foreverblooms part of the delivery and pass over the remainder of the delivery period to said courier service, therefore we cannot guarantee delivery on the same day.

5.11        Please note deliveries to remote areas which are made by public transport (e.g. boat, plane) may not always be possible on your chosen delivery date due to circumstances beyond our control (e.g. bad weather, alterations to travel schedules etc). In the event that delivery on your chosen date and/or delivery time is not possible we will contact you as quickly as possible to make alternative delivery arrangements, or if you prefer cancel your order.

5.12        We shall not be liable for any failure to perform in our obligations where such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), pandemic, war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service.

Florist Delivery Information      

5.2.1      Via our network  we are able to offer the delivery services detailed below. Florist delivery services are generally available within the United Kingdom, Isle of Man and Channel Islands, however, please note the following:

•             Some delivery services are subject to availability.

•             Some delivery services may be withdrawn without notice during busy periods.

•             Some delivery cut off times may vary without notice during busy periods.

•             At certain times of the year delivery prices may vary.

•             Deliveries are not generally available on bank holidays.

•             If you request delivery to remote areas which are not normally delivered to by foreverblooms you will be advised of any additional charges as soon as possible upon receipt of your order.

Please note the following:

•             Florist Delivery (8am to 6pm) for a door to door service on orders over and including postage of £7.70 and above ONLY unless otherwise discussed and confirmed by email . Other postage amounts and delivery details will be displayed on each individual products details page.

•             Deliveries are not available on bank holidays.

•             Orders received on a bank holiday will be processed the next work day. Delivery is also not available for specific times. Courier deliveries  are not available to Scottish Highlands, (and some Scottish Islands), Northern and republic of Ireland, Channel Islands, Scilly Isles, Isle of Man, BFPO addresses and H.M. Prisons.

•             Orders for UK delivery placed by 3pm will be despatched the same day for next day delivery Tuesday to Sunday

•             Orders for UK delivery on a Monday must be placed by 2pm Friday.

5.2.2     Nominated Day Delivery is available at a charge from £9.75 upon discussion and agreement by email (excluding Sundays). Delivery will be made anytime between 8am and 6pm.

Courier Delivery        

5.3      All floral products are delivered via one of foreverblooms 3 courier services  and incur no additional cost after the postal charge. Deliveries will be made between 8am and 6pm.

•             Orders for delivery on a Monday must be placed by 2pm Friday.

•             Orders for delivery on a Saturday must be placed by 2pm Friday.

•             Orders placed by 2.00pm Monday to Friday will be dispatched the same day for next day delivery on orders with a minimum of and including a postage of £7.70 and above ONLY unless otherwise discussed and confirmed by email.

5.3.1      Courier deliveries are not available on Sundays or bank holidays. Delivery is also not available for specific times.

5.3.2      Orders received on public holidays will be processed the next working day.

5.3.3      Please note that courier deliveries are not available to Scottish Highlands (and some Scottish Islands), Northern and Republic of Ireland, Channel Islands, Scilly Isles, Isle of Man, BFPO addresses and H.M. Prisons. Couriers cannot deliver to a University Campus, as generally there is no access beyond security/reception areas.

International Delivery        

5.4      In respect of orders outside the UK, Republic of Ireland and Channel Islands, delivery shall be made as soon as is reasonably practicable, but you acknowledge that delivery on the intended delivery date, particularly in respect of orders received for same day delivery or for Sundays and public holidays, cannot be guaranteed.

5.4.1      For International orders please be aware that delivery options are available with a delivery charge of £15.00. Please note that certain delivery dates may incur additional charges. Please contact us via email or the contact us section on the mail page BEFORE placing an order for conformation of delivery to you via email.

5.4.2      We cannot accept orders for timed delivery overseas.

5.4.3      Please note that whilst we have extensive delivery coverage internationally, there are some locations where we do not have courier services to deliver. In the event that you place an order to an area where delivery is unavailable we will contact you as soon as possible to advise and cancel your order.

Cancellation/Amendments

5.5.1     If for any reason you wish to change or cancel your order you can do so, via email foreverblooms.co.uk or with our customer contact us form at the foot of the main page. Please give 72 hours notice before the requested delivery date.

5.5.2      We regret that you may not cancel an order for: (i)  once your order has been dispatched; or (ii) customised goods if, at the time you seek to cancel, the customisation process has begun.

5.5.3      In respect of non-perishable, non-customised goods you may cancel your order from the point at which you place your order up to the point of dispatch.

5.5.4      You are entitled to cancel any payment at any time where fraudulent use has been made of your credit or debit card by another person not acting on behalf of you or as your agent and to be re-credited by us to the extent that such sums are not reimbursed by the card issuer in such circumstances.

foreverblooms Customer Contact Centre

5.5.5      In the event you are not satisfied with the foreverblooms Service, please contact us and we’ll do all we can to put the situation right, or, if you prefer, give you your money back.

5.5.6      In order to assist us in resolving any complaints quickly and to our mutual satisfaction, we advise you to make any complaint within 1 working day of the date of delivery.

5.5.7      Any complaints should be addressed in the first instance to:

                •             By email: info@foreverbloomsflorist.co.uk

Disclaimer

6.1          Whilst we agree to use all reasonable endeavours to ensure that the Website and/or the foreverblooms Service 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/or the foreverblooms Service 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 and/or the foreverblooms Service impossible or impractical.

6.2          Subject to clauses 6.1 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 the Website and/or the foreverblooms 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.

6.3          Subject to clauses 1.2 and 5.12, 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.

6.4          Abuse of Service: We reserve the right to refuse an order if we believe your use of the foreverblooms Service, either directly or indirectly, is for any unlawful purpose, or, may cause distress or offence to any person.

6.5          foreverblooms understands that it is under a legal duty to supply goods that are in accordance with the contract.

General

7.1          We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Website and/or the foreverblooms Service 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 foreverblooms Service or Website. Changes will be effective five (5) hours after the posting of any such change and all subsequent dealings between you and us shall be on the new terms and conditions.

7.2          Additionally, we reserve the right to suspend, restrict or terminate access to the Website and/or the foreverblooms Services for any reason at any time.

7.3          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.

7.4          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.

7.5          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.

7.6          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.

7.7          Your purchase will be deemed to have occurred in the UK. 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.

7.8          All other rights, including copyright, in this website are owned by foreverblooms British Unit. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of foreverblooms British Unit. You may not modify, distribute or repost something on this website for your own gain.

My Account Service

8.1          The foreverblooms ‘My Account’ service (also referred to as the ‘Service’ hereafter) is provided as a complimentary feature by foreverblooms for your personal use subject to these Terms and Conditions. In order to provide the Service, we will hold certain personal information. Except to the extent that we are required or permitted by law, any personal information which we collect will be used solely for the purposes of providing the Service.

8.2          To register with the Service you must be eighteen (18) years of age or over.

8.3          When you register with the Service you will be required to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us immediately.

8.4          If foreverblooms has reason to believe that there is likely to be a breach of security or misuse of the Service or Website, we may require you to change your password, or may suspend your use of the Service.

8.5          You must ensure that the details you provide on registration or at any time are correct and complete.

8.6          You must inform us immediately of any changes to the personal information that you provided when registering. Updates can be made at any time by going to the ‘About Me’ personal profile section of My Account. This will help us to ensure that the Service we provide is accurate and up to date.

8.7          Use of the Service is intended to assist with purchases made via the Website. The Service must not be used for the following purposes:

                •             Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

•             Gaining unauthorised access to other computer systems.

•             Interfering with any other person’s use or enjoyment of the Website.

8.8          foreverblooms reserves the right to refuse to post material on the Website or to remove material already posted.

8.9          Whilst we take every reasonable precaution and care in relation to the Service, we do not make any representation or warranties of any kind (express or implied) with respect to the contents or operation of the Service, and any such representations and warranties are excluded by this notice. We do not warrant that use of the Service will be uninterrupted or error free. Whilst every effort is made to ensure reminder emails set up on your account are processed and delivered as requested, we cannot be held responsible for non-delivery of these messages. Your use of the Service is done so entirely at your own risk and we do not accept any liability whatsoever for losses or damages that you may suffer as a result of your use of the Service.

8.10        Your access to the Website and Service may occasionally be restricted to allow for routine maintenance.

8.11        These terms and conditions operate in conjunction with general Terms & Conditions of the Website governing overall use and order placement. We are committed to protecting your privacy; further information is contained within our Privacy Policy.

8.12        If you have any queries please contact us using the contact details below:

                •             By email: info@foreverbloomsflorist.co.uk

8.13        We have obligations in relation to your personal information under the Data Protection Act 1998. Some of the information you provide may be “sensitive” information under the act (i.e. information on “delicate” matters, including race, political opinions, religion, trade union membership, physical or mental health or condition, sexuality etc.). By registering for the Service and providing your details, you agree to us using information in the way set out above. Where you provide information about other people (for example their date of birth, or their address) you also confirm that you have the consent of these people to provide us with that information.

Social Media Terms of Use Policy

9.1          The following Terms of Use Policy applies to anyone accessing or posting to foreverblooms British Unit’s social media sites or blog. foreverblooms social media sites are defined as the following channels:

http://www.instagram.com/amanda_foreverblooms/

9.2          By using or accessing any of foreverblooms British Unit’s social media sites, you agree to comply with this Terms of Use Policy as well as other engagement rules as defined by the individual social media platforms (e.g. Facebook Statement of Rights and Responsibilities, Twitter, Instagram Terms of Use etc.).

9.3          You must be aged 18 or over to post to a foreverblooms social media site.

9.4          By posting to an foreverblooms social media site, you agree to be solely responsible for the content of all information you contribute, link to or otherwise upload.

9.5          You agree that everything you post shall be truthful, accurate, not misleading and offered in good faith and that you have the right to post such content.

9.6          You agree not to post any of the following:

                •             False, misleading or deceptive comments.

•             Materials that contains confidential material or violates a third party’s right of privacy.

•             Any photos or comments that include or depict profanity, pornography, threats, hate speech, incite violence, personal attacks, illegal statements or unsafe practices.

•             Content attempting to impersonate someone else including, but not limited to, customers, clients, foreverblooms employees, member florists, suppliers, partners or other community members.

•             Unauthorised commercial communications (spam).

•             Viruses or other malicious codes.

9.7          By posting to a foreverblooms social media site, you agree to be respectful to other community members as well as foreverblooms community management team.

9.8          foreverblooms reserves the right to moderate content posted on its social media sites.

9.9          Any posts not in line with this Terms of Use Policy will either be deleted or not posted, as determined solely by foreverblooms, at the sole discretion of foreverblooms.

9.10        foreverblooms reserves the right to remove or report any posts which could be deemed inappropriate or offensive.

9.11        Repeated violations of this Terms of Use Policy may result in a user being banned or blocked from foreverblooms social media sites and reported to the appropriate social media platforms.

9.12        Any threats made against individuals or property will be reported to the police.

9.13        Be smart about protecting yourself, your privacy and the privacy of others. What you publish is widely accessible and may be around for a long time, so carefully consider what you post.

9.14        Do not post personal or sensitive information about yourself or others, including bank account information, information that may be used to locate yourself or another, or information which could otherwise be deemed to constitute an invasion of another’s privacy.

9.15        foreverblooms assumes no liability for errors or omissions in any material on foreverblooms social media sites.

9.16        For any content you post on a foreverblooms social media site, you warrant that it is your own original work or if it is covered by intellectual property rights owned by third parties, you represent and warrant that you have obtained all rights to that third party content and specifically grant to foreverblooms a worldwide, perpetual, irrevocable, royalty-free and fully-paid, transferable right and license to exercise all copyright, publicity, moral rights and any other IP rights with respect to any such content you provide.

9.17        foreverblooms welcomes feedback about its products and services. If you contact us about a complaint on foreverblooms social media sites, you will be responded to by a member of the online customer service team who will endeavour to reply to and resolve your complaint in a timely manner in accordance with foreverblooms Customer Services Policy.

9.18        foreverblooms has a zero tolerance approach to customers who use abusive or threatening language and will take action to protect its online customer service team including removing offensive posts and reporting the user to the appropriate social media platforms and, if deemed necessary, the police.

9.19        Between the hours of 9am and 8pm foreverblooms will always endeavour to respond to your complaint within 30 minutes of posting. Outside of these hours and during busy trading periods such as Christmas, Valentine’s Day and Mother’s Day please allow up to 4 hours for a response.

9.20        Reporting Abuse – foreverblooms works hard to ensure this Terms of Use Policy is adhered to in a fair and consistent manner. If you would like to report abuse, spam, fake profiles etc. please see the platform specific links below:

https://www.facebook.com/terms.php

https://support.twitter.com/forms/abusiveuser

https://help.pinterest.com/en/articles/report-something-pinterest#Web

https://support.google.com/plus/answer/1253377?hl=en-GB