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Terms & Conditions

We at Flowers & Gifts Online are committed to protecting your privacy and these Terms and Conditions describe how we store and use the information you provide us with lawfully in accordance with the Data Protection Act 1998. Where the word ‘we’ is quoted it refers to Blackburn florist of Horbury.

Flowers & Gifts Online
C/o Blackburn florist
15 High street
Horbury
Wakefield WF4 5AB
Vat No. 364103286

We collect details about you for the purpose of processing your order including but not limited to Name, address, age, sex, contact numbers including mobile numbers, credit card information and email address. Further details may relate to visits to the website, correspondence via the site, orders undertaken and to enable us to notify you of any products, services or other information which we consider you may be interested in where you have consented to be contacted.

Placing an order.
All major credit and debit cards are accepted with the exception of American express.
Select the gift/s required and proceed with your order following the requirements requested. Orders before 1pm (UK time), for same day delivery will be undertaken. However we may be able to deliver your gift if ordered later than 1pm but please check if it is a specific requirement. The order can only be processed and delivered on the required date if all the details requested are completed. You must supply all the relevant details of the recipient and it is advisable to add any additional details which enable us to gain access to the customer. Flowers, Plants and Gift orders do not include delivery in the listed price.

Order acceptance.
Your order can only be processed upon full payment and all details being made available. Your order will then be acknowledged via an e-mail to the e-mail address with which you have supplied us with confirming that your order is subject to availability. By clicking on the 'Proceed' button on the Order Form, you are consenting to be bound by our Terms and Conditions contained in these Terms and Conditions and instructing us to proceed. You will then receive an order reference and confirmation that it can be undertaken. We will not consider ourselves bound by a contract with you until we have issued this confirmation.
We cannot accept Order Forms from customers under the age of eighteen (18) years where alcohol is part of the order.

Changes to Order.
Changes to any order cannot be accepted unless notified at least 24 hours before the delivery date. Under such situations it is advisable to forward an e-mail checking that the costs are the same. Qualification to information, eg. An addresses etc. are required at least 24 hours before the delivery time. Should you have any information which is critical for delivery please telephone the changes.
Cancelling your order.
Should you have to cancel your order we can only accept if made clear and received 2 days before the requested delivery date.
Orders placed or regrettably cancelled on Saturday, Sunday or bank holiday dates will be treated as having been received on the following first working day.
You have a right to cancel within seven days of ordering from us or seven days of receipt of goods (whichever is longer). If your order is cancelled, the goods supplied must be returned to registered office at 15 High street, Horbury, Wakefield WF4 5AB. Goods returned must be in the condition supplied. Once your returned goods are received we will issue a refund. Please note this does not apply to flowers or any other perishable goods.
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. Under such circumstances we would wish to have details as to how this may have occurred to enable a check upon security to be made and reference number for the bank investigation.

Payment
Payment may be made by any of the methods shown on the payment page and debited at the time of ordering. Should you find difficulty we can receive payment by telephone and link to your order. Should any credit or debit card provided for payment be declined by the card provider an e-mail will be returned to indicate it has been declined. We suggest that you use an alternative method which may require you to telephone direct and advise us how you wish to processed. Should payment not be received the order will be cancelled. Prices applied will be as displayed at the time of placing an order.

Deliveries.
Sunday and Bank Holiday delivery is not available unless by prior arrangement. Please enquire.
We will make every effort to deliver your gift on the day requested and to the correct address. It is therefore very important that you ensure that the recipient address you provide is accurate, and that you give additional instructions to assist our drivers locate difficult-to-find addresses and any unusual features are always helpful. If the recipient is not at the address quoted we will make every effort to leave in a secure place on the recipient's property. Should this not be possible the flowers and/or gift will be left with a neighbour and a note telling the recipient where the gift is, alternatively we may have to telephone the recipient and arrange for delivery or collection. Should we be unable to deliver we will advise you the customer of the situation. Should this result in a change in an address for delivery resulting in additional visits there may be an additional charge.
To assist us when your order is for delivery to a hospital please ensure that the full patients details, including ward, and that they are not due to be discharged. Please ensure that the hospital ward will accept flowers/plants.
If you wish your order for flowers to be delivered to a business address, we recommend that you inform us of the business operating times to ensure delivery is made within office hours. Please specify if the recipient works restricted or flexible hours.We will deliver where possible to the time you have requested but an exact time cannot be guaranteed other than a.m. and p.m. We cannot be held responsible for any delay in delivery due to circumstances beyond our control such as severe weather conditions etc. In this instance, we will deliver the next possible day. We will not issue a refund in this instance but indicate the reason for the delay. Funeral tributes will be delivered under any circumstances.
We reserve the right to request a signature upon delivery if flowers have to be left with neighbour or left in a safe place on the property when we will note the time of delivery and any property features.

Flower availability/ substitution
Floral products are subject to availability. Should any supply difficulties materialize or if the flowers we have received from our growers do not meet our high quality standards that are needed to make up your order, we reserve the right to substitute any product with an alternate product of a similar style and equivalent (or greater) value and quality. Where this is necessary, we will try to contact you via text or e-mail. If you wish to discuss the substitution we have made, please contact our customer services team.
If we are unable to contact you via the contact methods provided prior to the time that we make up your order, we will assume that you accept the substitution.
Translation and messages
We cannot accept any responsibility for any inaccurate or misspellings where translation of language is required. You are totally responsible for any wording or other material which you send by post or with your internet order which could be considered as harassing, threatening, abusive, and obscene or racist which may cause embarrassment or distress to any person or otherwise be deemed unlawful. We reserve the right in clear cases to refuse to forward or include messages should the content be deemed to be objectionable in its present form. Should we be concerned at the message you will be e-mailed for qualification.

Damaged items
Although, we do our very best to ensure that damage will not occur. On very rare occasions, flowers arrive at their destination not as intended. This can be by an accident, high winds, traffic conditions etc. If the recipient receives damaged flowers, please contact us immediately so that we can arrange to resolve this situation. The recipient or customer MUST contact us by telephone or e-mail within 24 hours of the delivery.

Refund exchange policy.
All our flowers and plants are supplied via the dutch auctions and are as fresh as possible. They are a perishable produce and as such are very much dependent upon a variety of factors to be at there best. We will supply flowers which are as fresh as possible but we can only exchange YOUR FLOWERS IF WE HAVE HAD THE OPERTUNITY TO SEE AND CHECK THEM.
Flowers and Plants –Refund / Exchange policy.
Perishable items we will guarantee that the flowers delivered are the freshest we have. We do not give refunds after the order has been delivered, but will exchange within 3 days if you are not happy. Please bear in mind that flowers are perishable. Proper care is required by the recipient to follow any care instructions.

Offers
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.
In the event that a customer has made a purchase and the price of a product falls or is discounted due 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.
As our special offers are often made available due to the availability of products, we may change the terms of special offers, or withdraw them altogether, at any time and without prior notice.
We also reserve the right to offer different personalized special offers and promotions and it will therefore only be possible for the customer in receipt of the special offer to redeem the discount.

General
VAT is charged at the standard rate of 20% from January 2011
Products listed in the website may vary in colour or design. Some flowers may be delivered by us in bud to ensure longer life.

Warning
Some flower produce may be harmful or poisonous. Do not allow children or pets to eat the produce.
Amendments to our policy.
We may amend this policy in the light of developments and/or English law requirements. If we do so any changes in the way your personal information may be used will be shown in the amendments to this section. If you have any concerns related to privacy please email us outlining your item and supply a telephone number to enable us to call and discuss the subject.

DISCLAIMER
Whilst we use our best endeavour’s to ensure that the Flowers & Gifts online site and/or the Blackburn florist Service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the contents of Site and/or the 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 site and/or the Service impossible or impractical.
(a)We do not accept no liability for death or personal injury arising from our negligence and for all liability arising from any fraudulent representation we may make.
(b)our liability in contract law
(including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your Order Form with us shall be limited to a multiple of five [5] times the price you have paid for the Products.
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 Site and/or the Service, whether arising in contract, tort, 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.
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.
Additionally, we reserve the right to suspend, restrict or terminate access to the Site and/or the Services for any reason at any time. These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained on the 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.
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. For further details visit our privacy policy.
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 term of this Agreement but this does not affect any right or remedy which exists apart from that Act.
Save 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.
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.