By placing an order on this website, you are agreeing to the following terms and conditions:
1. ORDERS AND CANCELLATIONS
- Order Acceptance Policy
In order to place an order we require your name, email address, payment details and the details of the order. You do not need to create an account with us, but we will store the details of your order on our systems in order to process this, and full details of how and where your data is stored can be found in our privacy policy (available at the bottom of this page). Once an order has been successfully placed and accepted we'll send you an order confirmation email to the email address entered during the checkout process. If you do not receive this email, please contact the Customer Delight Team at www.floralty.co.uk who can check that the order has gone through and ensure you receive the email.
All orders and subscription requests received are subject to acceptance by Floralty, and any of its personnel, reserve the right, at our absolute discretion, to reject any order without giving reasons. In the event of rejection, we will refund or cancel any payments received in full, via the payment method used to place the order.
- Timing of your order
As a part of the checkout process you will be able to select the delivery date for your first order delivery, whether that delivery is part of a subscription or a one-off order. You will also be able to select the frequency of recurrence (in the case of a subscription). Some delivery options are not guaranteed but this will be detailed when you select the option and in a confirmation email.
- Changes to your order
If you wish to change your order or subscription, please do so via the "My Account" area of the Floralty website or by contacting Customer Service at floralty.co.uk/contact-us. We'll always do our best to make last-minute changes for you, but we can only guarantee changes (including to the delivery address and in relation to card messages) that are requested by 9am, 3 days before the intended delivery date. At peak periods we begin processing orders earlier than usual, to account for the large volume of deliveries. This means that we may need up to 10 days notice for any changes to be made.
- Cancellation policy
One-off orders can be cancelled by 9am, 3 days before the intended delivery date and a full refund will be issued. The easiest way to cancel your order is via email to hello@floralty.co.uk. At peak periods we begin processing orders earlier than usual, to account for the large volume of deliveries. This means that we may need up to 10 days notice for any changes to be made. “Peak periods” are defined as the 15 day period leading up to and including Christmas Day, Valentine’s Day, Mother’s Day and Easter Sunday. Ongoing or Fixed/Pre-paid Subscriptions can be cancelled within 14 days of the placing of the order and refunded in full (except in relation to any deliveries which have either already been made or related to which the timing of the cancellation and the timing of the next delivery are not within the timeframes related to one-off orders described above).
- Pausing or cancelling your subscription
If you wish to change your subscription, please do so via email to hello@floralty.co.uk. You can pause or cancel a subscription at any time by providing notice to us by 9am 3 days before any intended delivery within your subscription plan. In such circumstances the pause or cancellation will take effect without charge. In such circumstances, if your card has already been billed (see paragraph 2.2 for billing timings), we will issue a full refund. Where notice is provided after that time, please note you will still receive and be charged for your next delivery (as we will have already started cutting your flowers), but your pause or cancellation instruction will take effect after that delivery. At peak periods we begin processing orders earlier than usual, to account for the large volume of deliveries. This means that we may need up to 5 days notice for any changes to be made. Our subscriptions are intended to be ongoing with multiple deliveries, and whilst you are welcome to pause or cancel at any time, we reserve the right to cancel subscriptions if we consider this is being abused.
- Subscription prices
The price for each order within a subscription is the price at the time that a subscription is set up, minus any discounts which only apply to the first delivery. We reserve the right, at our absolute discretion, to raise our prices at any time for reasons including, but not limited to, price increases from our suppliers and partners. If we raise our prices, we will notify our subscribers and provide the option to cancel your subscription free of charge.
2. PAYMENTS
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We accept American Express, Visa and MasterCard credit and debit cards as well as Paypal, Apple Pay, and Google Pay. In order to offer the best security, all our payments are processed securely by Stripe or, if selected as a payment option, Paypal.
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For all ongoing subscriptions, your credit or debit card will be billed at checkout for your first delivery only. For ongoing deliveries, you will be billed on a recurring basis every week in which a delivery is scheduled. The amount your card will be billed in any given week will be the value of your order(s) for the given week.
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For all gift bundles, your credit or debit card will be billed upfront on checkout for the entire cost of the subscription.
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If you create an account and enter your payment details, your card or Paypal details will be stored securely by Stripe so that you can check out on future visits without re-entering your card details.
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We never store or have access to your credit or debit card details.
3. PRICES
All prices include delivery charges unless otherwise stated. All prices include VAT unless otherwise stated.
4. OUR PROMISE, RETURNS AND REFUNDS
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We aim to delight our customers by delivering fresh flowers, in great condition, on time.
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Freshness
If you receive flowers that do not seem fresh, please contact Customer Service at hello@floralty.co.uk to let us know. If, at our sole discretion, the flowers do not meet our high freshness standards, we will give you the choice of a free replacement at our next available delivery date, or a refund. Please note that you will need to email us a photo of the un-fresh flowers within 48 hours of receipt in order to be eligible for a refund. If we offer you a refund, we will refund you the full amount within 3 days. Please note that banks might take an additional 3-5 days to refund the amount to your card.
- Damage
While our flowers are packed carefully to ensure they arrive as fresh and beautiful as when they left us, on a small number of occasions (and for reasons beyond our control) they may get damaged in transit. Should this occur to a level that you deem unacceptable, please contact us so that we can arrange a free replacement at our next available delivery date, or a refund. Please note that you will need to email us a photo of the damaged flowers in question within 48 hours of receipt of the flowers in order to be eligible for a refund. If we offer you a refund, we will refund you the full amount within 3 days. Please note that banks might take an additional 3-5 days to refund the amount to your card.
- Non Delivery
While we do everything we can to make sure our flowers are delivered, sometimes mistakes do happen and deliveries don't turn up. If we fail to deliver your order (i.e. if your flowers have not arrived within 3 days of their intended delivery date) we will send you a free replacement on our next available delivery date, or a refund. If we offer you a refund, we will refund you the full amount within 3 days. Please note that banks might take an additional 3-5 days to refund the amount on your card.
- Returns
Please understand that due to the perishable nature of flowers, we are unable to accept returns. We offer customers refunds or replacement flowers if the flowers are not delivered to an acceptable quality, as detailed above.
- Flower availability and substitution
All floral products are subject to availability. In the event of any supply difficulties or if the flowers we have received from our growers that are needed to make up your order do not meet our high quality standards, we reserve the right, at our absolute discretion, to substitute any product with an alternate product of a similar style and equivalent (or greater) value and quality.
5. OFFERS AND PROMOTION CODES
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At our discretion, from time to time, we may offer products at discounted prices. These offers are valid from the time that we introduce them to the end date of the offer and they cannot be used for purchases before the offer introduction date or after the offer end date.
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In the event that a customer has made a purchase and the price of the purchased product subsequently falls or is discounted owing to a special offer, the price of the product at the time of purchase shall prevail. We are unable to offer special offer discounts for purchases that have already been made.
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We also reserve the right, at our absolute discretion, to offer different personalised special offers and promotions and it will therefore only be possible for the customer in receipt of the special offer to redeem the discount.
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Unless explicitly otherwise stated, free or discounted introductory offers are only available to new users of the Floralty service, and are only available once to any one household.
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Discounts and credits cannot be used in conjunction with any other offers.
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We only allow one promotion code to be used per order.
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Except where otherwise stated, discounts and credits are available only once to any one person.
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Credit expires 12 months from the date that it is added to an account
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We reserve the right, at our absolute discretion, to expire or revoke credit, or to temporarily remove the ability to redeem credit on our site.
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We reserve the right to apply credit to customer accounts on our site to reward loyalty
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Except where otherwise stated, discounts and credits can be redeemed against hand tied and limited edition gift products
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Unless otherwise specified, discounts are only valid for single bouquet purchases and are not valid for bundles, gift subscriptions or regular subscriptions.
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Except where otherwise stated, voucher discounts and credits cannot be redeemed against or applied to orders placed during key peak periods where supply is limited. These include, but are not limited to, 7 delivery days up to and including Valentine's Day and Mother's Day.
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Discounts and voucher codes cannot be redeemed against courier delivery charges, percentage discount vouchers are applied only to the bouquet cost unless otherwise stated.
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Discounts and credit can only be redeemed online at floralty.co.uk.
6. CIRCUMSTANCES BEYOND OUR CONTROL
- Adverse weather conditions
During adverse weather conditions (including but not limited to heavy snow, ice, flooding or high winds), our delivery partners may not be able to deliver orders on time. This is outside of our control and we cannot accept responsibility for the late delivery of the order. Therefore, in the event of adverse weather conditions, we aren't able to refund or offer re-delivery of affected orders.
- Force Majeure
Floralty shall not be liable for delay in performing or for failure to perform its obligations if the delay or failure results from any of the following: (i) Acts of God, (ii) outbreak of hostilities, riot, civil disturbance, acts of terrorism, (iii) the act of any government or authority (including refusal or revocation of any licence or consent), (iv) fire, explosion, flood, fog or adverse weather, (v) power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles, (vi) default of suppliers, sub-contractors or delivery partners, (vii) theft, malicious damage, strike, lock-out or industrial action of any kind, and (viii) any cause or circumstance whatsoever beyond Floralty's reasonable control.
7. OUR LIABILITY
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Subject to clause 5.2, 5.3 and 5.4, whilst we agree to use all reasonable endeavours to ensure that the Floralty service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any interruption of the Floralty 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 Floralty service impossible or impractical.
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We accept liability for death or personal injury arising from our negligence.
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We accept liability for fraud or fraudulent misrepresentation.
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Subject to clause 9.2(a) and 9.2(b), 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 in no circumstances exceed the price paid to us for the order in question (defined as an individual delivery within a particular week, not an entire subscription).
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Subject to clauses 9.2(a), 9.2(b) and 9.2(c) 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 Floralty 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. CUSTOMER AND RECIPIENT PERSONAL INFORMATION
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To ensure that we can communicate effectively with both customers and recipients, it is very important that you provide accurate personal information.
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Please remember that we value your privacy and will never lease, rent or sell your private information. For more information, please see our privacy policy.
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During the checkout process, we ask for the following personal information:
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Customer's email address: We use this information to provide a better customer experience by sending order confirmations, substitution information, dispatch confirmations and delivery confirmations. We will also use the customer's email for marketing communications from time to time. Please ensure that email addresses are accurate.
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Customer's full name and address: We will use the customer's address for marketing communications from time to time.
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Customer's telephone number: We use this information to contact customers in the event of problems with the order such as payment failures or delivery issues.
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Recipient's full name and address: We require this information in order to deliver the flowers you have ordered. It is vital that the recipient's address is accurate.
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9. INTELLECTUAL PROPERTY
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All trade marks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text and software used on this site are our intellectual property or that of our suppliers, partners or other users. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
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you must not collect, scrape, harvest, frame or deep-link to any information on our website without our specific prior written consent.
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You license (i.e. permit) us to use your user generated content both on our own website and also, for marketing purposes, on other channels including different websites, social media and emails. User generated content includes but is not limited to your comments, photos, recipe ratings and reviews.
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If you choose to add a personalised gift card to your order and you are uploading an image you must ensure that you have obtained all relevant permissions to use the image from any persons in the image and the image is otherwise appropriate to upload. By uploading or including any content or material (including but not limited to photographs, graphics, text and other material) (Your IP) in a personalised gift card, you grant us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that content or material solely for the purpose of performing our obligations under these Terms and Conditions and exercising any rights you may grant to us. Please note that we may modify content or material in order to conform it to Floralty or the requirements of the product you have ordered (such as by cropping images). The rights and ownership to Your IP will remain yours, or the person who gave you permission to use Your IP. If you use third party copyright in any personalised gift card, it is your responsibility to ensure that you seek permission from the copyright owner. We will not accept any liability whatsoever if any of Your IP infringes on third party copyright. You agree to indemnify, defend and hold us harmless against any third party claim of infringement for use of such third party’s intellectual property on the personalised gift card. You will be held responsible for any fees and third party damages we may have to pay to a third party because of such infringement and you will be liable to reimburse these payments to us in full.
10. GENERAL
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We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Floralty site and/or the Floralty service from time to time. We will post any changes on the Floralty site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Floralty service or Floralty 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.
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We do not guarantee that our website, mobile applications or services will be uninterrupted or error-free and we will not be responsible for any losses arising from such errors or interruptions. Additionally, we reserve the right to suspend, restrict or terminate access to the Floralty website, mobile applications and/or the Floralty services for any reason at any time for repair, maintenance, improvement or other technical reason, and to make changes to them.
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These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Floralty 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.
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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.
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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.
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Your purchase will be deemed to have occurred in the UK if the delivery was to an address in the UK, to the Republic of Ireland if the delivery was to an address in the Republic of Ireland, to Austria if the delivery was to an address in Austria, and to Germany if the delivery was to an address in Germany. In the event of a delivery to an address 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. In the event of a delivery to the Republic of Ireland, these Terms and Conditions shall be governed by and construed in accordance with law of the Republic of Ireland and the parties agree to submit to the exclusive jurisdiction of the courts of the Republic of Ireland. In the event of a delivery to Austria, these Terms and Conditions shall be governed by and construed in accordance with law of Austria and the parties agree to submit to the exclusive jurisdiction of the courts of Austria. In the event of a delivery to Germany, these Terms and Conditions shall be governed by and construed in accordance with law of Germany and the parties agree to submit to the exclusive jurisdiction of the courts of Germany.
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Thank you for your order, and we hope your Floralty experience will be a pleasurable one.
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Trading Address: Floralty, W.401 Vox Studios, 1-45 Durham Street, London, SE11 5JH