Flowers.ie Terms and Conditions

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    Flowers.ie Terms and Conditions

    Terms & Conditions

    These terms and conditions (the 'Terms and Conditions') are the terms and conditions upon which Flowers.ie ('we/us') make this websites at the domain names www.Flowers.ie, 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 Flowers.ie Website. These Terms and Conditions govern your use of the Flowers.ie Website and or the Flowers.ie Service.

    Contents

    1. Terms & Conditions
    2. Products
    3. Alcoholic Gifts
    4. Prices
    5. Orders / Payments
    6. Delivery
    7. Delivery Information
    8. Cancellation/Amendments including Returns Policy
    9. Customer Care – Complaints Policy and Refunds Policy
    10. Online Dispute Resolution (ODR) and Alternative Dispute Resolution (ADR)
    11. Disclaimer
    12. Promotional Codes
    13. General
    14. Use of Geographical Telephone Numbers
    15. Intellectual Property
    16. My Account Service - Terms & Conditions
    17. Contact us

    Products

    1.1 All products as depicted on this Flowers.ie Website (as may be varied from time to time) are available almost everywhere in the Republic of Ireland, 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 (lilies in particular can be extremely toxic to cats). If you require further information before submitting an order please contact Customer Care using the contact details set out in section 7.
    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. Where possible Flowers.ie, or an Flowers.ie florist may contact the customer to agree a suitable substitution.
    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 7 days after the intended delivery date.
    1.6 Products are delivered on the date you select at checkout during business hours, unless an other service is selected.
    1.7 We guarantee the freshness of your flowers for 7 days from the date of delivery/collection.
    1.8 Food items may contain allergens. Please see specific product pages for allergen information.

    Alcoholic Gifts

    2.1 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.

    Prices

    3.1 Prices listed within the Flowers.ie Service are valid for a maximum of 14 days of placing an order.
    3.2 Prices include VAT for deliveries made in the republic of Ireland.
    3.3 Except where stated product prices exclude delivery charges.
    3.4 Please note that from time to time, product and delivery prices on Flowers.ie. (or a subdomain of) may vary to those offered in an Flowers.ie Florist or via the telephone ordering line.
    3.5 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, together with those of the intended recipient 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 Flowers.ie 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 sixteen (16) years.

    Delivery

    5.1 General Notes
    5.1.1 Selected products are not available for delivery to certain areas. We will advise you of these restrictions as soon as possible after you place your order.
    5.1.2 We will advise you of the first available delivery date for your chosen item when you place your order.
    5.1.3 To avoid problems or delays with delivery, please ensure that you have included the full address details 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 Flowers.ie, or an Flowers.ie florist, may contact you and or the recipient to confirm delivery details to enable delivery to be made.
    5.1.4 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.
    5.1.5 Please be advised that some products are unsuitable for delivery to funeral directors, hospitals, airports or ships; please contact Customer Care for further information using the contact details set out in Section 7.
    5.1.6 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).
    5.1.7 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.
    5.1.8 In respect of orders for items from the 'Funeral' product ranges only, for delivery to funerals or funeral parlours, it is possible to indicate a preferred delivery time within the order process. 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 one working day prior to the preferred delivery time.
    5.1.9 Before placing your order, please review delivery cut-off times and prices.
    5.1.10 Please note that if you order a number of items for delivery to the same address, they may be despatched separately and we cannot guarantee delivery on the same day.
    5.1.11 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), 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.

    Delivery Information

    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 Flowers.ie you will be advised of any additional charges as soon as possible upon receipt of your order.
    There are some locations where we do not deliver floral products ourselves, in this event your floral product will still be arranged by an Flowers.ie florist but delivery will be via a specially selected courier.
    Please note the following:
    Delivery Charges are shown at checkout Minimum Delivery charge is €7.95
    Deliveries are not available to all locations on bank holidays.
    Orders received on a bank holidays for areas where we do not have a delivery service will be processed the next work day.
    Delivery is also not available for specific times.
    Please see Delivery Information section for further details relating to courier deliveries.
    Delivery will normally be made anytime between 8am and 6pm.
    5.2. AM/PM Delivery is available on next day and nominated day deliveries only at a charge of €17.50 (excluding Sundays). These services are offered to orders for certain delivery locations only. Morning deliveries will be made anytime between 8am and 1 pm, and afternoon deliveries anytime between 1 pm and 6pm.
    5.2.1 Evening Delivery is available on standard (next day) and nominated day delivery only at a charge of €17.50 (excluding Sundays). This service is offered to orders for certain delivery locations. Deliveries will be made anytime between 6pm and 9pm. If for any reason, your requested delivery slot is not available, a member of our customer service team will contact you via the details you provide.
    5.2.2 Sunday Delivery is available at a no extra charge but is restricted to certain delivery locations. Deliveries will be made anytime between 8am and 5pm. If for any reason, your requested delivery slot is not available, a member of our customer service team will contact you via the details you provide..
    5.3 Courier Delivery Some floral products, destinations not covered by our own drivers are delivered next day via courier (UPS) and incur no additional cost. Deliveries will be made between 7am and 7pm. Orders placed by 2pm Monday to Thursday will be despatched the same day for next day delivery. Courier deliveries are not available on Saturday, Sunday or Monday We do not recommend courier deliveries to hospitals or funerals.
    5.4 International Delivery Flowers.ie does not offer overseas delivery
    5.5 Click & Collect Currently we do not offer Click and collect

    Cancellation/Amendments including Returns Policy

    6.1 If for any reason you wish to change or cancel your order, subject to clause 6.2, please contact us via email: customer.service@Flowers.ie and provide the following information: Order number(s) Name of customer(s) Billing address of customer(s) Name of recipient(s) Please give 48 hours' notice before the requested delivery date. Returns Policy
    6.2 We regret that you may not cancel or return an order for: (i) perishable goods once your order has been dispatched; or (ii) customised goods if at the time you seek to cancel, the customisation process has begun.
    6.3 In respect of non-perishable non-customised goods you may cancel your order from the point at which you place your order until 14 calendar days after you have received your goods. If you exercise your right to cancel, you will be responsible for costs of returning the goods which must be returned within 14 calendar days of cancelling. You are not entitled to reimbursement of costs for enhanced delivery. Flowers.ie has the right to deduct an amount for diminished value of goods.
    6.4 Due to the perishable nature of flowers, Flowers.ie cannot accept return of flowers, once dispatched. In the event that non flower items need to be returned, these should be returned to the premises of Flowers.ie Unit 2 St Anthony’s Business Park. D22WY48. The package should clearly indicate your order number, subject to clause 6.3.
    6.5 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.

    Customer Care – Complaints Policy and Refunds Policy

    7.1 In the event that you are not satisfied with the Flowers.ie Service any complaints should be addressed in the first instance: By email: customer.service@Flowers.ie By telephone: 01 5311186 By post: Customer Care, Flowers.ie, Unit 24 Fashion City Ballymount Road Upper Ballymount Dublin 24,  Ireland D24 N29K
    7.2 Customer Care is available from 8am until 8pm Monday to Friday, 8am until 7pm on Saturday, and 10am – 6pm on Sunday.
    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.
    7.4 Complaints policy: In the event of any complaint with either the product or the service, please contact us immediately via any of the methods mentioned in 7.1 above and we will do all we can to put the situation right for you, or, if you prefer, we will give you your money back. We promise to make it simple and easy. Remember to mention your order number and a telephone number to reach you on. &.5 Refunds Policy In the event that you request a refund, or in the event that we agree that you are due a refund, we will return the payment to the card on which the original payment was made. Refunds made in this way will be returned to your account with your card provider. Flowers.ie will issue that refund immediately, however, it may take some days to appear on your card account. Delays should be raised with your card provider.

    Online Dispute Resolution (ODR) and Alternative Dispute Resolution (ADR)

    8.1 a. Under European Legislation, if you are not able to resolve any customer service issue you may have with a product or service you have purchased via our website or by telephone you may wish to consider an Alternative Dispute Resolution. For further information please visit the European Online Dispute Resolution Platform http://ec.europa.eu/consumers/odr/.

    Disclaimer

    9.1 Whilst we agree to use all reasonable endeavours to ensure that the Flowers.ie Website and/or the Flowers.ie 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.ie Website and/or the Flowers.ie 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.ie Website and/or the Flowers.ie Service impossible or impractical.
    9.2 We accept liability for death or personal injury arising from our negligence.
    9.3 Subject to clause 9.2 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 5 times the price you have paid for the products supplied.
    9.4 Subject to clauses 9.2 and 9.3 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.ie Website and/or the Flowers.ie 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.
    9.5 Subject to clause 1.5 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. 9.6 Flowers.ie understands that it is under a legal duty to supply goods that are in accordance with the contract.

    Promotional Codes

    10.1 Flowers.ie promotional codes (also referred to as 'voucher codes') can be used against purchases made on Flowers.ie for delivery to Republic of Ireland. Please note we are unable to accept Flowers.ie Gift Vouchers on Flowers.ie
    10.2 Promotional codes must be entered in the relevant section of the order process on Flowers.ie. We are unable to apply a promotional code to orders already placed.
    10.3 Promotional codes are usually restricted to one use per customer and should not be passed on to additional recipients.
    10.4 Promotional codes may also be set to a maximum number of redemptions - if we are not able to accept the promotional code you have entered it will be because the code has expired or the maximum redemption level for the promotion has been met. We will advise you accordingly in the order process and the discount will not be applied.
    10.5 Selected promotional 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 promotional code to you.
    10.6 Promotional codes cannot be exchanged for a cash alternative or used in conjunction with any other promotions.
    10.7 Where the promotional 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.ie delivery, for example 'am/pm delivery' charge).
    10.8 Where the promotional code entitles you to a free delivery offer, this will be for Flowers.ie standard delivery (next day or nominated) charged at €7.95. Certain delivery dates however incur additional charges, such as delivery on Sundays or public holidays etc.
    10.9 Promotional codes may be withdrawn, or suspended without notice for any reason. We will advise you within the order process if we cannot accept the promotional code you have entered.
    10.10 We cannot be held responsible for non-availability of Flowers.ie which may prevent use of promotional codes.
    10.11 Changes to these terms of use may be made at any time.
    10.12 Flowers.ie promotional codes are not valid when purchasing Flowers.ie Gift Cards but can be used in conjunction with an Flowers.ie Gift Card to make a purchase on www.Flowers.ie

    General

    11.1 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Flowers.ie Website and/or the Flowers.ie Service from time to time. We will post any changes on the Flowers.ie Website and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Flowers.ie Service or Flowers.ie 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.
    11.2 Additionally, we reserve the right to suspend, restrict or terminate access to the Flowers.ie Website and/or the Flowers.ie Service for any reason at any time.
    11.3 These terms and conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Flowers.ie 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.
    11.4 We shall ensure that we comply with the requirement of all current data protection legislation including, without limitation, (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.
    11.5 A person who is not a party to the agreement between you and us has no rights under the UK 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.
    11.6 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.
    11.7 Your purchase will be deemed to have occurred in the Republic of ireland. These terms and conditions shall be governed by and construed in accordance with the Laws of the republic of ireland and the parties agree to submit to the exclusive jurisdiction of the courts of the Republic of Ireland.

    Use of Geographical Telephone Numbers

    12.1 Calls to geographical telephone numbers (01) are charged at your standard rate.

    Intellectual Property

    13.1 All other rights, including copyright, in this Flowers.ie Website are owned by Flowers.ie. Any use of this Flowers.ie 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.ie. You may not modify, distribute or repost something on this Flowers.ie Website for any purpose.
    14.1 The word mark 'Flowers.ie' is a registered trade mark owned by Flowers.ie. Any use of the 'Flowers.ie' trade mark should be accompanied by an acknowledgement that the word is a registered trade mark of Flowers.ie.

    My Account Service - Terms & Conditions

    15.1 The Flowers.ie 'My Account' service (also referred to as the 'Service' hereafter) is provided as a complimentary feature by Flowers.ie ('Flowers.ie') 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.
    15.2 To register with the Service you must be eighteen years of age or over.
    15.3 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. Should you forget your password, please use the password reminder service (this option can be found adjacent to the My Account login box).
    15.4 If Flowers.ie has reason to believe that there is likely to be a breach of security or misuse of the Service or site, we may require you to change your password, or may suspend use of the Service.
    15.5 You must ensure that the details you provide on registration or at any time are correct and complete.
    15.6 You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. You can update the details you have given us at any time by going to the 'About Me' Personal Profile section of My Account. This will ensure that the Service we provide is accurate and up to date.
    15.7 Use of the Service is intended to assist with purchases to be made via the Flowers.ie 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 Flowers.ie Website.
    15.8 Flowers.ie reserves the right to refuse to post material on the Flowers.ie Website or to remove material already posted.
    15.9 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 this 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.
    15.10 Your access to the Site and Service may be occasionally restricted to allow for routine maintenance.
    15.11 These terms and conditions operate in conjunction with general Terms & Conditions of the Flowers.ie Website governing overall use and order placement. We are committed to protecting your privacy; further information is contained within our Privacy Policy.
    15.12 We have obligations in relation to your personal information under the Data Protection Act. 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 have the consent of these people to provide us with that information.

    Contact us

    If you have any queries please contact us using the contact details below:
    By email: customer.service@Flowers.ie
    By telephone: 01 5311186
    By post: Customer Care, Flowers.ie, Unit 2 St Anthony’s Business Park, Ballymount, Dublin D22WY48
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