Terms & Conditions
These terms and conditions (the "Terms and Conditions") are the terms and conditions upon which Flowers Same Day ("we/us") make this website (the "Flowers Same Day Site") available to you and any of our services which are accessible on or via the Flowers Same Day Site (the "Flowers Same Day Service").
These Terms and Conditions govern your use of the Flowers Same Day Site and the Flowers Same Day Service.
Products
1.1 All products as depicted on this website (as may be varied from time to time) are available 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 Certain flower and plant products may be delivered in bud to ensure longer life.
1.3 Some flower and plant products may be harmful or poisonous, if you require further information before submitting an order please contact the Flowers Same Day Customer Services Team
1.4 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 quality without notice.
1.5 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 30 days after the intended delivery date.
1.6 We are unable to offer Champagne or other Finishing Touch items with products ordered from selected ranges,
1.7 Products are delivered next day unless other delivery date or service is selected.
1.8 Selected products are not available for same day delivery or other special delivery services.
1.10 We guarantee the freshness of your flowers for 5 days.
Alcoholic Gifts
2.1 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. It is an offence under Sections 32 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 Licensing (Northern Ireland) Order 1990 for any person under 18 to buy, or attempt to buy, intoxicating liquor.
2.2 Alcoholic gifts are distributed to selected areas in association with a licensed third party, for further information regarding our suppliers contact our Customer Services Team.
Prices
3.1 Prices listed within the Flowers Same Day Service are valid for a maximum of 14 days of submitting your purchase form.
3.2 Prices include VAT for deliveries within the UK, Republic of Ireland and Channel Islands.
3.3 Except where stated product prices exclude Flowers Same Day Delivery.
3.4 Product prices for items requiring delivery outside of the UK, Republic of Ireland and Channel Islands exclude transmission or delivery charges.
Orders / Payment
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 and all necessary payment details.
4.2 We accept payment all major credit and/or debit cards, other than Diners.
4.3 By clicking 'check out' 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 Flowers Same Day site.
4.4 Submitting your order is subject to our acceptance of this offer. We will send an email confirmation of your order details 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
5.1 Except where stated, Standard Delivery is £4.99 and will be applicable within the UK, Republic of Ireland, Isle of Man and Channel Islands. If you request delivery to remote areas which are not normally delivered to by Flowers Same Day you will be advised of any additional charges as soon as possible upon receipt of your order.
5.2 Selected products are not available for delivery to certain areas.
5.4 Delivery Services - Should you require your delivery to be made within a specific time period, please note that we can not guarantee this unless it is a funeral order.
5.5 Same day delivery at a charge of £4.99 (except where noted).
5.6 Delivery is not available on Sundays or public holidays, orders will be delivered on the next working day.
5.7 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 e-mail address so that we can notify you in the event that any delivery problems are encountered.
5.8 Certain products will be delivered during a delivery period, providing delivery within a time frame around your preferred delivery date.
5.9 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 local florist.
5.10 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. Please be advised that some products are unsuitable for delivery to Funeral Directors, Hospitals, airports or ships – please contact Flowers Same Day Customer Services for further information using the contact details set out in Section 7 below.
5.11 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).
5.12 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.
5.13 In respect of orders outside the UK, Channel Islands and Republic of Ireland, 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.
5.14 It is possible to select a preferred delivery time within the order process for items ordered from the 'Sympathy' & 'Funeral' product ranges. 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 two working days prior to the preferred delivery time.
5.15 Before placing your order, please review delivery cut-off times & prices.
Cancellation/Amendments
6.1 If, for any reason, you wish to change or cancel your order you can do so by calling 01228 524220 or email: sales.enquiries@Flowers Same Day.co.uk. Please give 48 hours notice before the requested delivery date.
6.2 We regret that you may not cancel an order for perishable food products once your order has been dispatched.
6.3 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.
Flowers Same Day Customer Services
7.1 In the event that you are not satisfied with the Flowers Same Day Service any complaints should be addressed in the first instance to:
By email: customerservic@flowerssameday.co.uk
By telephone: 01228 524220
By post: Customer Services, Flowers Same Day, 55c Brook Street, Carlisle, CA1 2HW.
7.2 Our Customer Services Team is available from 8.30am until 6pm Monday to Friday and 8am until 2.30pm on Saturday.
7.3 Because of the perishable nature of most products and 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 or intended delivery of your purchase.
Disclaimer
8.1 Whilst we agree to use all reasonable endeavours to ensure that the Flowers Same Day Site and/or the Flowers Same Day Service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the Flowers Same Day Site and/or the Flowers Same Day 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 Flowers Same Day Site and/or the Flowers Same Day Service impossible or impractical.
8.2 (a) We accept liability for death or personal injury arising from our negligence.
8.2 (b) Subject to clause 8.2(a), our liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your order with us shall be limited to a multiple of [2] times the price you have paid for the products.
8.2 (c) Subject to clauses 8.2(a) and 8.2(b) 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 Flowers Same Day Site and/or the Flowers Same Day 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 (d) Subject to clauses 1.5 and 5.3 above, 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.
Use of Flowers Same Day.co.uk discount voucher codes
9.1 Flowers Same Day.co.uk discount voucher codes (also abbreviated to 'Voucher codes') can only be used against purchases made on Flowers Same Day.co.uk for delivery to UK addresses only. Please note we are unable to accept Flowers Same Day Gift Vouchers or Flora-Cheques on Flowers Same Day.co.uk.
9.2 Voucher codes must be entered in the relevant section of the order process on Flowers Same Day.co.uk. We are unable to apply a discount to orders already placed.
9.3 Voucher codes are usually restricted to one use per customer and should not be passed on to additional recipients.
9.4 Voucher codes may also be set to a maximum number of redemptions - if we are not able to accept the discount code you have entered it will be because the code has expired or maximum redemption level for promotion exceeded. We will advise you accordingly in the order process and the discount will not be applied.
9.5 Selected voucher codes may be restricted for use against specified products - where possible, details of any restrictions will be communicated at the point where we promote the voucher code to you.
9.6 Voucher codes cannot be exchanged for a cash alternative or used in conjunction with any other promotions.
9.7 Where the voucher code entitles you to a percentage discount, the discount will not be applied to the delivery charge ('delivery' includes additional delivery services, which are charged in conjunction with Flowers Same Day Delivery, for example 'before 1pm delivery' charge).
9.8 Where the voucher code entitles you to a free delivery offer, this will be for Flowers Same Day UK standard next day delivery charge (£4.99). Certain delivery dates however incur additional charges, such as delivery on Sunday's or Bank Holiday's etc.
9.9 Voucher codes may be withdrawn, or suspended without notice for any reason. We will advise you within the order process if we cannot accept the discount code you have entered.
9.10 We cannot be held responsible for non-availability of Flowers Same Day.co.uk which may prevent use of Voucher codes.
9.11 Changes to these terms of use may be made at any time.
General
10.1 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Flowers Same Day Site and/or the Flowers Same Day Service from time to time. We will post any changes on the Flowers Same Day Site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Flowers Same Day Service or Flowers Same Day Site. 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.
10.2 Additionally, we reserve the right to suspend, restrict or terminate access to the Flowers Same Day Site and/or the Flowers Same Day Services for any reason at any time.
10.3 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Flowers Same Day Site, 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.
10.4 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.
10.5 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.
10.6 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.
10.7 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.
Intellectual Property
11.1 All other rights, including copyright, in this website are owned by Flowers Same Day. 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 Flowers Same Day. You may not modify, distribute or repost something on this website for any purpose.
11.2 Selected editorial articles contained on this site remain copyright of Flowers same day.
