TERMS AND CONDITIONS
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.bloomindaleflorists.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
1. INFORMATION ABOUT US
Bloomindale is the trading name of Bloomindale. Our trading address is 373 Wakefield Road Denby Dale HD* 8RP. The website www.bloomindaleflorists.co.uk website is wholly owned and operated by Bloomindale.By placing an order with Bloomindale Signature Florist, either directly yourself on the www.bloomindaleflorists.co.ukwebsite (“the website”) or through one of our customer services team over the telephone, you are agreeing to the following terms and conditions.
By placing an order with Bloomindale Signature Florist, either directly yourself on the www.bloomindaleflorists.co.ukwebsite (“the website”) or through one of our customer services team over the telephone, you are agreeing to the following terms and conditions.
2. YOUR STATUS
2. YOUR STATUS
By placing an order through our site, you warrant that:
a. You are legally capable of entering into binding contracts; and
b. You are at least 18 years old.
3. ACCESSING OUR SITE
3.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
3.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
3.3 If you choose, or are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any provisions of these terms and conditions.
3.4 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order (Acknowledgment Email). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. OUR STATUS
5.1 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
5.2 Where there are links to other sites and resources by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
You acknowledge and agree that you will not have any right to cancel a Contract for the supply of any of the Products as the Products have been arranged to your specifications and by reason of their perishable nature are liable to deteriorate rapidly and cannot be returned.
7. CHANGES TO YOUR ORDER
If you wish to change your order, please call us on 07753382981 (international callers should call +44 7753382981) or email us at firstname.lastname@example.org. Please note that any changes to your order (delivery address, gift message and additional items) must be made by 2pm the day before delivery, or by 1pm on Saturday for Tuesday delivery, to ensure that we have time to amend the order prior to dispatch. Although we will endeavour to make amendment requests that we receive after 1pm on the day before delivery, or Saturday for Tuesday delivery, we cannot guarantee we will be able to make the changes. Please also see sections 18 and 19 below with specific policies regarding changes to Valentine’s Day and Mother’s Day orders.
Please note that, once your order has been processed, cancellation of your order is possible only in exceptional circumstances and is entirely at our discretion.
Under normal circumstances, we will try to ensure that your order is delivered to the recipient’s address you provide. However, there are times when this is not possible due to problems with the address information that our customers provide or due to problems our drivers encounter when attempting to deliver the order. It is therefore very important that you ensure that the recipient address you provide is accurate, in particular the postcode, and that you give additional instructions to assist our drivers to locate difficult-to-find addresses. It is also very important that you keep us informed if you find that the recipient’s address or availability changes prior to the order being delivered.
The email that is sent on completion of your order contains all the key information pertaining to your order. It is very important that you check this to ensure no errors have been made. If we are provided with an incorrect address and the flowers are sent out for delivery before the error is highlighted, you are not automatically entitled to a resend of a fresh bouquet. In the event the flowers are irretrievable, we may, at our discretion, arrange for another bouquet to be sent out, subject to the details of the specific situation.
8.2 Deliveries to hospitals
Deliveries to hospitals can be problematic because patients often move from ward to ward, or are discharged. This means that we are sometimes unable to deliver orders for customers at a very emotional time. However, many of these problems can be avoided by ensuring that we have accurate and up-to-date information about the ward that the recipient is in.
It is particularly important that you provide the full name of the recipient of the order as there can be several patients with the same name in the same hospital. This can lead to errors in the delivery that are beyond our control. Many hospitals do not allow drivers to take flowers directly onto wards because of health and safety regulations and in such cases our flowers will be delivered to reception or post rooms.
Some wards in hospitals do not allow flowers to be kept by patients. You should, therefore, check that the ward to which you wish to send flowers allows patients to have flowers on the ward. If flowers are not accepted in the ward, we will not be able to refund the cost of the bouquet.
Some hospital post rooms have a policy of refusing to accept flowers for either patients or members of staff; it is important to check that the hospital is prepared to accept flowers. If the hospital will not accept the flowers, we will not be able to refund the cost of the bouquet.
8.3 Deliveries for sympathy and to funeral directors
If flowers are going to a funeral, we recommend that they be sent at least a day before the funeral to ensure that any delays do not prevent them getting to the funeral in good time. Also, if flowers are going to a funeral directors’, it is essential that the name of the deceased and the funeral director are both included. If they are not, the funeral director may not accept the flowers. If flowers are not accepted, we will not be able to refund the cost of the bouquet.
8.4 Failure to deliver
As we appreciate that receiving flowers is often time-critical, if we are unable to deliver your order to the recipient’s address, we will attempt to leave in a secure place on the recipient’s property. Where this is not possible, we will attempt to leave the flowers with a neighbour. If this is not acceptable, please ensure that you tell us when you place your order. If we are unable to deliver the order, we will attempt to contact you via telephone or email as soon as we attempt delivery. For this reason, it is very important that you provide up to date contact information. It is also very helpful if you provide us with the telephone number of the recipient as this often makes it easier to resolve delivery problems when the recipient is not at home at the time of delivery.
In the event that we are unable to deliver the order to a recipient’s address that you have provided, we will attempt delivery either that same day or the following day. At our discretion, we may refund the delivery charge associated with the failed delivery. We are not responsible for any other costs incurred by the customer due to failed deliveries.
For deliveries made by our distribution partner, Parcelforce, their policy is to leave a card if no one is in. They may attempt redelivery later in the day but do not guarantee that they will. If they do not attempt redelivery on the same day, they will attempt redelivery the next day. We are able to track their progress using our system. If there are issues with the delivery, we should be alerted by the system and will attempt to proactively deal with the issues. It is not always possible to contact drivers due to health and safety considerations relating to driving and talking on the telephone, so please be patient.
Signatures are required for delivery by Parcelforce drivers, unless you specifically tell us in your delivery instructions. It is therefore very important that you let us know if you would like us to leave on the porch etc.
8.5 Timing of free all day deliveries
We undertake to deliver between 8am and 6pm. However if we miss this delivery time but still deliver the flowers, we will not make a full refund. We will discuss with the customer what a reasonable outcome might be in the given situation. By buying flowers from Bloomindale Signature Florist you are not entering into a contract that guarantees delivery between 7am and 8pm or all your money back.
8.6 Delivery Instructions
During your purchase, we ask you for Notes & Preferences. This information is for our drivers and couriers and is to express your wishes for us to follow if the recipient is either out or unable to answer the door when we attempt delivery. We will always do our best to follow your instructions word for word but this is not always possible e.g. if you have asked us to leave the flowers with a neighbour but the neighbours are also out, we may either leave it somewhere secure the property or if this is not suitable, return the flowers to our base and reattempt the following working day. If we follow the delivery instructions and the item is subsequently stolen, the loss is the responsibility of the customer; it is, however, possible that we may not follow the delivery instructions if we believe there is a great chance of the order being stolen. If the delivery address is a business address, we need to have the company name and it is always appreciated if you could include what floor the recipient works on and if it is ok to take to a main reception desk.
Putting a phone number in the delivery instructions box does not mean we guarantee to contact the recipient to agree a delivery time as this is not possible for us to do and, when the order is being delivered by Parcelforce, we will not ask you for a phone number for the recipient as they do not offer that option as part of their service.
8.7 Delivery Costs
Local = Free
Regional = £4.95 Per Item
National = £9.95 Per Item
8.8 Delivery Costs and Geographic Definition
Local = Any postcode that starts with “HD8”.
Regional = Any Sheffield postcode that starts with “H”.
National = Other UK mainland* postcode.
*If you request delivery to an area which is not normally delivered to by Bloomindale Signature Florist, you will be advised of any additional charges as soon as possible upon receipt of your order. We will always attempt to satisfy your order using all the options available to us and as documents in these terms, however, where reasonable measures have been attempted but we have been unable to satisfy the order by any means, we reserve the right to reject the order. In such cases, a full refund will be offered.
9. AVAILABILITY AND SUBSTITUTION
9.1 Partner Florists & Relay Service
We reserve the right to satisfy orders at our sole discretion by means of our partner florists and / or our relay service in circumstances where we are unable to directly satisfy the order ourselves.
9.2 Core Products
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 to substitute any product with an alternate product of a similar style and equivalent (or greater) value and quality. Where this is necessary and when time allows, we will try to contact you via email. If you wish to discuss the substitution we have made, please call us on 07753382981(international callers should call +447753382981) or email us at email@example.com
The same applies to our same day relay service. As our partner florists are less likely to have the same range of flowers that we do, there may be instances where we need to change your order to ensure it gets there on the day in question. If we read the message and believe that the flower variety is key but the delivery is not time critical, we may move the delivery back a day and send our own flowers to make sure the correct product is delivered. Conversely, if we read the message and interpret this as a time critical delivery (eg birthday, anniversary etc) then we will be more likely to make the substitution, to ensure that you are not let down.
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 our decision re substitution or delivery date move.
9.3 Other products
We offer additional high quality products relevant to the gifting market (vases, chocolates, balloons and soft toys). We are not typically able to source these from our partner florists so these products are will be substituted with an alternate product of a similar style and equivalent (or greater) value and quality.
Very occasionally, we can be out of stock on a product that is still live on the website, though typically all the products on our site are in stock. If we are out of stock of one of our products and you try to purchase it, we will try to contact you to discuss either removing the product from your basket and refund you the cost, or substituting another product in the out of stock product’s place. If we are unable to contact you, we reserve the right to make the decision on your behalf (remove or substitute), on the basis of the situation as we see it (as per our policy set out in above).
10. GUARANTEE / DAMAGED FLOWERS & REFUNDS
Although we do our best to ensure that this does not happen, on very rare occasions, flowers arrive at their destination damaged or fail to arrive due to an unforeseen delivery issue. If the recipient receives damaged flowers, please contact us immediately so that we can arrange one of the following:
a. A re-send on the next available delivery date; or
b. A full or partial refund (% refund depends on the specific circumstances of the issue).
Typically we will not offer both a refund and a resend. Where flowers have been damaged we will normally ask for them to be returned or for photographs clearly showing the problem so we can use them to determine what is going wrong with our system, and to claim compensation if possible from Parcelforce (if applicable). It is important that we are contacted as soon as possible regarding issues. We need to be informed of any issues within 24 hours of the delivery to give us the best chance of successfully resolving the issue. We will, at our discretion consider issues raised after the 24 hour deadline but reserve the right to refuse the options of refunding or resending the order.
If we believe that there has been an abuse of our Guarantee/Damaged flowers policy or if there are persistent claims for refunds from the same individual or group of individuals, we reserve the right not to resend flowers and to refuse to take orders from customers. If we make such a decision, we will inform the customer in writing of our decision, via email or over the telephone. It is important to note that this guarantee does not confer the right to an automatic 100% refund, but only to a fair resolution.
11. ERRORS WITH ORDER
From time to time, there are small human errors made (for instance, very occasionally a message card goes astray or a flower is forgotten). In such circumstances, we will do our best to make the situation right for the customer. We may, at our discretion, offer a partial refund or a discount on a future order, but do not guarantee that we will do so. We believe in being fair and this is the spirit in which we will approach such situations. We would not, for instance, give a 100% refund if a message card did not arrive, as the customer has received significant value in terms of the flowers nor would we give a full refund if some stems were missing or damaged; we would make what we would be considered by a reasonable person to be an appropriate compensation.
12. SHELF LIFE OF FLOWERS
Our flowers are incredibly fresh, as they are purchased daily from a variety of sources. They will normally last at least seven days and most probably even longer, in the vase, although this varies by variety. It is important that the flowers are cared for correctly as putting them by heat sources or drafts, or failing to change the water, will kill them very quickly. We include instructions and flower food with all our cut flowers arrangements. If we are informed that our flowers have died very quickly, we may, at our sole discretion, choose to resend another bouquet if we believe that there really was an issue with the flowers. If flowers have not been properly cared for, we will not resend the flowers.
13. FRAUDULENT BEHAVIOUR
If we believe that an order may be fraudulent in nature, for whatever reason, we reserve the right to cancel the order and refund the funds. We are under no obligation to reveal why we believe the order to be fraudulent. We will co-operate with the police regarding any criminal investigations. We reserve the right to refuse to serve customers, block their IP address from accessing our website and any other blocking or fraud prevention measures we feel may be necessary to implement from time to time.
14. SPECIAL OFFERS & PROMOTIONAL CODES
At our discretion from time to time, we may offer promotional codes or 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. A special offer or promotional code cannot be used in conjunction with any other special offer or promotional code.
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 or promotional code, the price of the product at the time of purchase shall ‘prevail’. We are unable to offer special offer discounts or apply promotional codes 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 personalised special offers and promotions which will on be redeemable by the customer in receipt of the special offer.
15. CUSTOMER & RECIPIENT PERSONAL INFORMATION
To ensure that we can communicate effectively with both customers and recipients, it is very important that you provide accurate personal information. If you do not put your name on the message card field, we will not share your identity with the recipient, even if they ask us for it. If they request it, we will email or call you to let you know that they are enquiring.
Please remember that we value your privacy and will never lease, rent or sell your private information.
16. UNFORESEEN TECHNICAL ISSUES WITH THE WEBSITE AND / OR SYSTEMS
It is conceivable that errors may occur with our systems from time to time, due to unforeseen circumstances. For instance, our 3rd party hosting partner may lose access to the internet, causing our site to go offline or, if there is a problem with our server’s internal clock, orders could theoretically be accepted by our system despite a cut off time having passed. These two examples are just that – examples and do not cover all the technical things that could theoretically go wrong (with our or any online business). We take every precaution we can to ensure that our systems run smoothly and problems are very rare. When they do occur, we will do our best to provide the service requested within the timing originally requested. However, in certain circumstances, it will not be possible for us to fulfil the order to the original timeline. In the latter situation, we will ask the customer what they would prefer; for us to amend the timing of the order, or to refund the order in full. You cannot hold us responsible for any damages or compensation if your order cannot be fulfilled for this reason (or any other).
17. DELIVERIES ON WEEKENDS AND PUBLIC HOLIDAYS
We deliver on Saturdays, but not normally on Sundays or public holidays. On occasion, we can make special arrangements for such deliveries; however we do not guarantee it. Please contact us if you would like to request a weekend or public holiday delivery and we will see if it is possible.
18. CHANGES TO VALENTINE’S DAY ORDERS
During this exceptionally busy period, if you wish to change any detail of your order, please call us on 07753382981(international callers should call +447753382981) or email us at firstname.lastname@example.org
Please note that any changes to your order (delivery address, gift message, additional items) must be made by 12 noon two days before Valentine’s day (i.e. the 12th February) to ensure that we have time to amend the order prior to dispatch. Although we will endeavour to make amendment requests that we receive after 12 noon on the 12th February, we cannot guarantee we shall be able to make the changes.
19. CHANGES TO MOTHERS DAY ORDERS
Should you wish to change any detail of your order over this busy period, we are only able to amend orders if you give us sufficient time. For orders to be delivered on the Thursday preceding Mother’s Day, we need to be informed by 2pm on the Tuesday, preceding Mother’s Day; for orders to be delivered on the Friday preceding Mother’s Day, we need to be informed by 2pm on the Wednesday preceding Mother’s Day; for orders to be delivered on the Saturday preceding Mother’s Day, we need to be informed by 2pm on the Thursday preceding Mother’s Day; for orders to be delivered on Mother’s Day (Sunday), we need to be informed by 2pm on the Friday preceding Mother’s Day; for orders to be delivered on the Monday following Mother’s Day, we need to be informed by 12 noon on the Saturday preceding Mother’s Day. After these times, although we shall endeavour to make amendment requests we receive, we cannot guarantee we shall be able to make the changes. Please call us 07753382981(international callers should call +447753382981) or email us at email@example.com
20. INTELLECTUAL PROPERTY RIGHTS
20.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it, including but not limited to, copyright and trademarks. These works are protected by copyright laws and treaties and all such rights are reserved.
20.2 You are expressly prohibited from copying, reproducing, displaying or transmitting any such material on our site without obtaining our prior written consent. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
20.3 Subject to this clause you are permitted to use the information displayed in our site for the sole purpose of purchasing or considering to purchase our Products or any other purpose of our site and we reserve the right to withdraw this licence at any time without notice to you.
20.4 You agree to indemnify us in the event that we incur any indirect/direct claims, liabilities, costs, fees, losses, damages or expenses (including consequential) as a result of your breach of this clause 20.
21. EVENTS OUTSIDE OUR CONTROL
21.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
21.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a. Strikes, lock-outs or other industrial action.
b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
d. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
e. Impossibility of the use of public or private telecommunications networks.
f. The acts, decrees, legislation, regulations or restrictions of any government.
21.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
22.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
22.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
24. ENTIRE AGREEMENT
24.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
24.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
24.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
25. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
25.1 We have the right to revise and amend these terms and conditions from time to time.
25.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
26. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the law of England and Wales. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.