These Terms are issued by EuroFlorist Europe B.V (Company No: 34084257) whose Registered Office and trading address is at Hullenbergweg 250, 1101 BV Amsterdam. The VAT number of EuroFlorist Europe B.V is 8025.22.129.B01. The company is registered in The Netherlands.
1.1 These terms and conditions (Terms) are issued by EuroFlorist Europe B.V (the Company). They apply to the entire contents of the websites under the domain name www.flowersforfunerals.co.uk (the Website) whether you act as a private individual and consumer ("Consumer") or as a business ("Business") (referred to as "You" other than where specifically indicated) and the Company.
2.1 You warrant that any information that You provide when You register as a customer is accurate and complete in all respects and You will notify the Company of any changes to that information.
2.2 You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer to prevent unauthorised access following registration.
2.3 You agree not to impersonate any other person or business, organisation or body corporate or to use a false name that You are not authorised to use.
2.4 We may disable any account where we think you have failed to comply with the Terms or we think unauthorised use has been made of the Website.
2.5 As a condition of Your use of this Website, You warrant to the Company that You will not use this Website for any purpose that is unlawful or prohibited by these Terms.
3.5 The words 'eFlorist', 'Teleflower', 'Teleflorist', 'Inbloom', 'Teleflorist, we take flowers personally', 'Floracheque', the eFlorist, dove logo and Teleflorist logo are registered trademarks of the Company.
6.3 You agree to compensate the Company for any loss or damage suffered by the Company as a result of Your breach of the terms of Clause 6.1.
1.1.7 "you/your" means the Consumer or Business who orders the Product(s).
1.3 If you are a Consumer you must be over 18 to place an order via our Website.
1.4 Whether you are a Business or a Consumer, you must have the legal authority to order any Products via this Website.
1.5 If you order Products from our Website we will send you an email confirming receipt of your order, your order number, invoice address, delivery address, description of Products ordered, the price (including VAT) and quantity of the products ordered, the expected delivery date of the products and confirmation of any message to be delivered with the products ordered. VAT Registration details will also be included to enable you to utilise this confirmation as a VAT receipt should this be required as a result of your purchase.
1.6 Your order is an offer from you to us to purchase the Products. Our acknowledgement of your order is not acceptance of your order.
1.7 Save where you hold an Account, we shall insist on receiving payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings in to existence a legally binding contract between us.
1.8 If you hold an Account we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings in to existence a legally binding contract between us.
1.9 If you order multiple Products and we have not confirmed dispatch of all the Products in your order status then those Products not listed do not form part of our contract with you.
1.10 Illustrations, photographs, dimensions and descriptions of Products on our Website are intended as a general guide to the Products only and do not form part of our contract with you. Products may vary slightly in appearance from those depicted on the Website.
3.1 All Products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute a Product of equivalent value and quality without notice.
3.2 In the event that we are unable to supply the Products or any substitute product to you at all, we shall notify you as soon as is reasonably possible and shall reimburse your payment in full and in any event no later than 30 days after the intended delivery date.
3.3 We may deliver certain flower Products in bud to ensure longer life. Any other special Product information, for example, shelf life, shall be shown on our Website.
4.1 The price payable for the Products that you order is shown on our Website.
4.2 The Website shall detail whether our prices are shown inclusive or exclusive of VAT and Prices are show exclusive of delivery which is charged separately. Delivery costs will be shown separately in the checkout before you enter your details for payment.
4.3 If the price of a Product is incorrectly shown and is higher than stated on our Website we will either send you an email informing you of the new price and asking you if you want to proceed with your order or we will cancel the order and inform you.
4.4 If the price of a Product is lower than stated on our Website we will send you the Product and charge you the lower price.
5.1 We accept payment by credit and debit card. Unless you hold an Account we will not dispatch a Product until we have received payment from you. If for any reason payment is refused after we have dispatched the Products we will have the right to request the payment from you or recover the Products from you and charge you for our costs in recovering the Products or seeking further payment.
5.2 If you hold an Account you will be invoiced in arrears and payment of your Account will be due in accordance with the agreed commercial terms of the Account or if no such terms are agreed then you will be invoiced monthly and shall have 30 days to pay in full.
5.3 If you hold an Account interest shall be charged in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
6.1 We only deliver Products within mainland UK and the Isle of Wight. Please note that we are sometimes unable to deliver selected products to some areas of Wales and Northern Scotland/individual postcodes. Where possible we will advise you of those restrictions before you place your order. If you would like delivery to these areas or have a query about where we deliver please contact us via our help page for further details as we may be able to make delivery subject to an additional charge. We will advise you at the time of your order of any additional charges to remote areas which are not normally delivered to by us.
6.2 Delivery dates, times and delivery call-off times shall be detailed on the Website when you order Products.
6.3 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 local florist or for certain orders via third party courier or postal 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 shall reimburse your payment in full. For deliveries via third parties to Northern Ireland and some areas of Scotland, and Wales please allow up to an additional 48 hours after the requested delivery date for delivery to be made.
6.4 We will deliver the Products ordered by you to the address you give to us for delivery at the time you make your order. We cannot guarantee when any item will be despatched and we are unable to specify a time for delivery.
6.5 Some orders will require a signature on delivery. This will apply in the case of delivery of certain Products or 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.
6.6 You will become the owner of the Products you have ordered when they have been delivered to you or the representative of the recipient. You are responsible for any insurance (where relevant) security after delivery. Once Products have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6.7 Neither we, nor any courier or postal service that we use shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control including but not limited to any fire, flood, explosion, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, government act, act of war, terrorism, act of God, or from any industrial dispute or strike whatsoever.
6.8 Please ensure that you enter full and accurate details, including the address and the postal code, of the recipient. We will not be responsible for any orders which are not delivered due to incorrect or incomplete information being supplied by you.
6.7;During peak periods delivery dates may be moved forwards to ensure delivery is made before or on the intended day of delivery. We will attempt to notify you of these changes but shall not be held liable.
7.1 If you are a Consumer and subject to Clause 7.3, by law you have the right to cancel your contract before you receive the Products or to return any Products to us within 7 working days after the date of receipt of the Product. It is your responsibility to take good care of the Products to ensure that the Products and their packaging are not damaged. If you have already received the Products from us and wish to return it please follow our returns policy set out in clause 11.
7.2 Once you have notified us that you are returning the Products the cost of the Products will be re-credited to your credit or debit card as soon as possible and in any event within 30 days of your order provided that the Products in question are returned by you and received by us. If you do not return the Products delivered to you or you do not pay the cost of returning them we shall be entitled to deduct the direct costs of recovering the Products from the amount to be re-credited to you.
7.3.2 Products which are liable to deteriorate rapidly including, but not limited to, flowers.
11.1 If you are returning a Product in accordance with clauses 9 or 10 or you have a complaint please contact us via post at Teleflorist Ltd, Unit 35 Romsey Industrial Estate, Greatbridge Road, Romsey, Hampshire, SO51 0HR. You will then be given a returns reference number or customer service issue number (as appropriate). You must quote this number in all correspondence. Each return will be dealt with individually and the most appropriate action agreed with you.
11.2 Where Products are being returned to us we advise you to return Products by a secure postal method to the address given to you by our customer services representative and obtain a receipt as proof of returning it to us. If you have difficulties returning the Products, for example, by reason of their size, pleasecontact us via our help page to arrange a suitable solution.
12.1.2 the price or description of the Products was listed incorrectly due to a typographical error or an error in the pricing information received by us from our suppliers.
12.2 If we do cancel your contract we will notify you by email and refund any sum paid by you to your credit or debit card. We will not be obliged to offer any compensation for loss or disappointment suffered by you.
12.3;Any free promotional items are limited to one per order per customer. Any duplicate items will be shipped as a singular item.
13.1 We will not be liable for any loss you suffer through failure to use the Products in a normal and proper manner or through altering or modifying the Products, failure to follow any guidelines or using the Products in a careless or negligent manner.
13.2 Our liability to you for death or personal injury caused by our negligence is not limited.
13.3 Our liability to you other than for death or personal injury caused by our negligence is limited to the cost of replacement of the Products or refund of the price paid for the Products.
13.4.2 any failure to deliver Products or delay due to any event or circumstance beyond our reasonable control.
14.1 If any part of these Terms are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
15.1 All notices from you to us must be in writing and sent to our contact address at: eFlorist Limited, Unit 35 Romsey industrial Estate, Greatbridge Road, Romsey, Hampshire, SO51 0HR or email address at: customer.service@eflorist.co.uk and all notices from us to you will be displayed on our Website from time to time.
16.1 We shall have no liability to you for any failure to deliver Products you have ordered or any delay in doing so or for any damage or defect to Products delivered if caused by any event or circumstances beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown or systems or network access, flood, fire, explosion or accident.
18.1 A person who is not a party to this agreement has no right under Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
19.1 The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.