Blooming London TERMS & CONDITIONS

TERMS AND CONDITIONS

Please note when ordering our next day items, which is any bouquet NOT in the Same day section please order before 4pm for next day delivery. If you order after 4pm, the order will be dispatched the next day, and will arrive the day after regardless of the date picked. The  time clock in the middle of the screen indicates whether the bouquet is available to be ordered for that date. Please order by 4pm Friday for Saturday or Monday delivery. Please also note whilst 98% of free next day delivery courier bouquets arrive on the day picked sadly the odd one does not.

By clicking that you have read our terms and conditions you are saying that you understand this.

1.1 All Products on this website (which may vary from time to time) are available in the UK.

1.2 Certain Products may be delivered by us in bud to ensure longer life.

1.3 Some Products, Flowers and Plants may be harmful or poisonous, if you require further information before submitting an order please contact us using the contact details set out in Section 6 below.

1.4 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.

1.45 We will do our very best to include any sundry items but if not available, we reserve the right to substitute

with a sundry item to the same value, this clause also applies to cellos, wrappings and picks.

1.5 In the event that we are unable to supply the Product 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.

1.6 A free Card Message is supplied, please specify card message required at point of ordering. If no message is required please put ‘no message’. In the very rare event that the card is either misplaced, or the wrong card message is supplied we will send a greetings card via 1st class post at the earliest next working day.

2.1 Prices listed within the Service are valid for a maximum of 14 days from submitting your order.

3.1 During order submission you shall be required to provide us with your personal details, including accurate postcode, together with those of the intended recipient and all necessary payment details. We accept payment by most major credit and debit cards. By clicking on the ‘complete order’ button on the Order Form, you are consenting to be bound by our terms and conditions contained in these Terms and Conditions and appearing anywhere on the Online site.

3.2 Submitting your Order Form is subject to our acceptance of this offer and we will not consider ourselves bound by a contract with you unless we have issued you a confirmation of order delivery by email. This is not the email sent on submission of an order.

3.3 We cannot accept Order Forms from customers under the age of eighteen (18) years.

3.4 By ordering on the telephone you agree to our terms and conditions.

4.1 Our delivery service is anywhere in the UK

4.2 On acceptance by us of your Order Form we will advise you by e-mail confirmation of the intended delivery date. We will process Order Forms received on Sundays or Public Holidays the next working day. We do not deliver on Sundays or public holidays but in this case, we will deliver the Product you request on the next working day or the previous Saturday.

4.3 Anomalies in your submitted personal details may lead to problems or delays in delivery, so before placing your order, please ensure that you have included the full address details, including accurate postcode of the intended recipient and your daytime contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered.

4.4 Whilst we agree to use all reasonable endeavours to ensure that delivery will be on the requested delivery date you acknowledge that 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 make alternative arrangements. In these circumstances we will deliver on the next available day.  To give an example 1) if the person is not in, no near neighbours are found and it is unsafe to leave. 2) It is a house name or an out of the way address and we are unable to find it. Please give as much information when making your order of the receiver i.e. Surname, contact telephone number, and near landmarks.

4.5 In case of delivery to certain locations where a third party is involved, such as offices, hospitals, 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 we are unable to deliver wines, and plants to Funeral Directors, Hospitals, airports or ships.

4.6 Please note that we are only responsible for delivering against signature to the address you quote (or an imminent neighbour if no one is at home) we regret that where goods have been correctly delivered we cannot accept responsibility if the intended recipient has moved, or lives elsewhere, and the actual received refuses or fails to return item(s).

4.7 Where the carrier is unable to find someone to accept delivery they will either deliver to a neighbour or leave a card at the address for the recipient to make contact.

4.8 It is possible to select a preferred delivery time within the order process in the Delivery Notes field. 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 one working day prior to the preferred delivery time

4.9 In the instance of there being difficulties in delivering your order to the intended recipient we reserve the right to contact the recipient using the contact details you provide on the Order Form.

4.10 When placing your order, you are able to specify further delivery information using the ‘Delivery Notes’ field provided. This is intended to provide further guidance to the party delivering your order which isn’t included within your address information, for example to specify floor number, or hospital ward. We reserve the right to not action any delivery requests specified in this field which we deem unacceptable and will use other elements of address information provided elsewhere on the order form to fulfil your order. We will not leave any items at risk.

4.11 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

4.12 We always make every effort to deliver all items to the address, in the event of a non-delivery i.e. where the product has not been signed for and not received for whatever reason or we have been unable to deliver either through lack of stock, driver error or circumstances beyond our control, we will refund you in full, but no compensation will be due for any loss of enjoyment or upset caused. The one caveat to this is where the delivery has been attempted twice, and no answer was got (neighbours are always tried) and no leave safe has been requested, the flowers are returned to us, in this case as flowers are not returnable under distance selling regulations we reserve the right not to refund.

4.13 On peak times of year i.e. Christmas and Mother’s Day if may be necessary to deliver the bouquet the day before, this is due to the sheer work load of the driver at Peak times. We will always endeavour to inform you of this fact but sometimes this is not always possible

4.13.2 Our delivery times are in general from 9am-5pm (except funerals which have specific times) however sometimes they can be delivered outside of these hours due to demand.

4.13.3 Bouquets requested for Mondays date are dispatched on Friday, whilst 99% per are delivered on Monday very occasionally eg 1% are delivered on the Saturday, we will not be liable for this nor provide compensation if the flowers are successfully delivered on that day.

4.13.5 We do not deliver on Sunday or Bank Holidays, if we receive an order for these days, it will be delivered on the previous working day.

4.13.6 We offer a same day delivery service, this is executed by local florists in our network, although in rare cases we can not execute , due to events beyond our control. In this rare event we will send the flowers the next day with upgrade to negate the same day charge.

4.13.7 Where the system allows you to make a same day order after our cut off time, we will do our best to execute the order same day however we reserve the right to fulfil your order on the following day

4.14 Where a product is selected from our ‘Value’ (under £25) range or items marked ‘Next day’, these products are dispatched from our Head Office on a next day basis, these products are subject to the follow conditions:

1) Items are available for delivery on Tuesday to Friday, if you select Saturday or Monday as the delivery date we reserve the right to deliver the product either on the Friday or the Tuesday OR dispatch a product to the equal value from our local florist shop or cancel the order if you so wish and refund you less a handling fee of £2.00

2) Items ordered between 4 & 5pm will be endeavoured to be dispatched for the next day but this is dependent on what time the courier arrives to collect. In the event that he has already collected, the item will be dispatched the following day for delivery the following day.

2a) Please note that items ordered within 30 minutes of cut off may be dispatched the following day due to the delay in the order being received.

3) Items ordered after 5pm will be dispatched the following day for delivery on the day after or the product will be dispatched from our local florist shop with a product to an equal value.

4) Items dispatched come from our Head Office, once dispatched they are unable to be cancelled.

5) Items are dispatched on a Next day service whilst most items arrive next day, it is not 100% guaranteed, so if due to reasons beyond our control ie 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 the item will be delivered on the next working day.

6)Once the items are dispatched, the address cannot be changed, if you have provided the wrong address it will be impossible to change the address as we use a third-party carrier. Items ordered with the wrong address will not be able to be refunded as if the delivery is refused then it will go back to the Carrier depot and we are not advised of this until later.

6.1) Please note for courier items that the date given is the expected date, and not guaranteed.

7) If you believe that any of the points 1-6 could affect your order i.e. it is critical that an item arrives on a specific day, please do not order from our value selection as once dispatched will not be able to be cancelled, please order from our Same Day Florist Shop sections which make up 95 % of the products on our site.

4.15 Free delivery is available on all next day flower orders placed online for Monday-Friday delivery.

4.16 Please note we reserve the right to send funeral items the day before the funeral date to avoid missing the funeral time.

5.1 Orders may be amended or cancelled up to 24 hours (48 hours in respect of next day items and funerals) before the intended delivery date. If a bespoke or large funeral tribute has been order, and you will to cancel we reserve the right to charge flower wastages if the florist has already purchased the flowers, and cannot reuse them

5.2 To amend or cancel your order, please contact us using the contact details set out in Section 6 below. All cancellations must be made in writing/confirmed in writing to the email address in Section 6, please include your order number and/or address for delivery.

5.3 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.

5.4 Cancellations by customers are subject to a £5.00 admin cost due to card fees and other admin costs.

5.5 We are unable to cancel or amend any order once dispatched.

6.1 In the event that you are not satisfied with the Online Service any complaints should be addressed to:

Olivias Florist c/o

Busy Bees Florist

Address: Unit 4 Elm Low Road, Elm Wisbech PE14 0DF

Email: info@busybeesflorist.co.uk

 01207 609656

6.2 Because of the perishable nature of our products and in order to assist us in resolving any complaints quickly, we advise you to make any complaints within 2 working days of the date of delivery or intended delivery of your purchase. We will not accept complaints after 1 week. Please put in writing via email or post to arrive within stated time 7 days after delivery.

6.3 Complaints of non-delivery must be made within 1 week.

6.4 Any complaint should be followed up with a picture showing the problem taken either on the date of delivery or the day after. We may be unable to follow up complaints without evidence.

7.1 Whilst we agree to use our reasonable endeavours to ensure that this Online Site and/or the Online Service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the Online Site and/or the Online 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 Online Site and/or the Online Service impossible or impractical.

7.2 (a) We accept liability for death or personal injury arising from our negligence.

(b) Subject to clause 7.2(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 Form with us shall be limited to a multiple of 3 times the price you have paid for the Products.

(c) Subject to clauses 7.2(a) and 7.2(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 Online Site and/or the Online 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.

(d) Subject to clauses 1.5 and 4.3 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.

8.1 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Online Site and/or the Online Service from time to time. We will post any changes on the Site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Online Service or Online Site. Changes will be effective five (2) hours after the posting of any such change and all subsequent dealings between you and us shall be on the new terms and conditions.

8.2 Additionally, we reserve the right to suspend, restrict or terminate access to the Online Site and/or the Online Services for any reason at any time.

8.3 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Online 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.

8.4 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.

8.5 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.

8.6 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.

8.7 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.

8.8 Flowers are exempt from Distance Selling Regulations so cannot be returned for a full refund. Plants, Chocolates, Candles and Teddy bears are able to be returned & refunded under distance selling regulations. Please email info@busybeesflorist.co.uk to request this with 14 days