Terms of Service
TERMS AND CONDITIONS
These Terms and Conditions are the terms and conditions on which Neverending Flowers (“we”, “us”) provides products to you. Please read these carefully before ordering any products from our site or via any other method. By placing an order for any of our products, you agree to be bound by these Terms and Conditions.
1. INFORMATION ABOUT US
This website is operated by Neverending Flowers. If you need to contact us, please email contact@neverendingflowers.co.uk.
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2. ORDER
You can submit your order via email, phone, messaging service or website www.neverendingflowers.co.uk.
When you place an order for our products, we will send you an email confirming your order details and the payment. The contract for the supply of any products will be between you and us and will only be formed after you have been sent the confirmation email.
Please ensure that you have given us the correct email address and phone number as this is how we will communicate with you about your order. Upon receipt of the confirmation email, check the Order details for accuracy and let us know immediately if there are any errors.
3. DELIVERY
All our flower arrangements are made to order and dispatched within 3-10 working days. When your order is ready to be dispatched, we will advise you of the intended delivery date via email.
Inaccuracies in your submitted 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.
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.
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 provided.
All our orders are delivered once. You will be charged for re-delivery.
4. FLOWERS AND FOLIAGE
All orders of flowers are subject to availability. In the event of any supply difficulties, you acknowledge and agree that, at our sole discretion, we may substitute an ingredient or component with one of similar or higher value without notice. 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.
Please note that preserved flower arrangements last an average of 6-9 months if properly cared for and our care instructions are followed. Assuming that your flowers are properly maintained in accordance with our guidelines, we only guarantee our flowers for these time periods.
You understand and accept that flowers are natural products and some variation in size, colour, shape and length of life is to be expected and that they might vary slightly from the specifications.
Please note that the images of the flowers and bouquets on our website are for illustrative purposes only. We have made every effort to display the colours accurately, however we cannot guarantee that your computer’s display of the colours correctly reflects the colour of the flowers. Your flowers may vary slightly from those images.
5. PRICE AND PAYMENT
All prices listed are subject to VAT and exclude delivery unless otherwise stated. If a delivery charge applies to your order, you will be notified during the ordering process and in the confirmation email that we send to you.
Prices are subject to change at any time, but changes will not affect existing orders.In the case of an obvious pricing error, we will notify you as soon as possible. You may be able to cancel your order once we notify you in such circumstances.
We accept payments via bank transfer and most credit or debit cards. Once your order has been confirmed, your credit or debit card will have been authorised and the amount marked for payment.
6. REFUNDS
If there is a problem with your order, you must let us know within one day of receiving the order. If your order is incorrect or faulty, you will be entitled to a refund, store credit or replacement product of equal value. You may not be eligible for a refund if you fail to notify us within this timescale.
Where there is a query regarding a refund, we always aim to reach an agreement with the recipient for either a replacement or a refund depending upon the nature of the complaint.
Refunds are made at our discretion.
7. CANCELLATION
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Nothing in these Terms and Conditions shall affect any statutory rights of cancellation that you may have, but please note that any right to cancel under the Consumer Contracts Regulations 2013 does not apply to perishable goods such as flowers.
Cancellation of your order is possible only in exceptional circumstances and is entirely at our discretion. To cancel an order please contact us by email or phone. Once the product has been dispatched, orders cannot be cancelled.
We may cancel an order at any time (if, for example, the product you ordered is not available, we are unable to obtain authorisation for your payment or a price or product description error is identified) and will let you know if we cancel an order. In such circumstances, you will not be charged for the order that has been cancelled by us and, if you have already paid for the order, you will be entitled to a refund using the same method that you used to pay for your order.
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8. OUR LIABILITY
8.1 If you are a consumer, you have legal rights in relation to products that are faulty, not of satisfactory quality or not as described. Nothing in these Terms and Conditions will affect these legal rights.
8.2 We do not exclude or limit in any way our liability to you for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, or for breach of your legal rights in relation to our products.
8.3 We will not be liable to you if we are prevented or delayed from complying with our obligations under these Terms and Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.
8.4 We will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues, lost business opportunity or business interruption
8.5 You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice.
8.6 We shall not be liable in respect of any allergic reactions occurring due to flowers or other material used in any arrangements, or if any staining or discolouration occurs due to the arrangements, unless instructed by you not to use particular flowers or materials or (in the case an allergic reaction) caused by our negligence.
8.7 In addition to the above and subject to clause 8.2, Subject to all of the above, if you are a business customer: (a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and (b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
9. GENERAL
Save in respect of fraudulent misrepresentation, these Terms and Conditions comprise the entire agreement between you and Neverending Flowers and supersede all prior representations, agreements, arrangements and understandings between you and us (whether written or oral) with respect to your order.
No statement by any individual employed by us should be understood as a variation of these Terms and Conditions or as a representation about the nature, quality of the website or any products made available on the website.
9.3 Each of the provisions of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, invalid or otherwise unenforceable, those provisions shall be deemed severed from the remaining provisions and such remaining provisions will continue in full force and effect.
9.4 No delay or failure by us to exercise any powers, rights or remedies under these Terms and Conditions will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.
9.5 A person who is not a party to this agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms and Conditions but this does not affect any right or remedy which exists apart from that Act.
9.6 Your purchase will be deemed to have occurred in the UK. The English courts will have exclusive jurisdiction over any claim arising from, or related to, your order, our products and/or these Terms and Conditions. These Terms and Conditions 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) shall be governed by and construed in accordance with the law of England and Wales.
9.7 Please read the terms of our Privacy Policy which contains important information about the use of the personal information you provide when using our website or placing an order with us.
9.8 We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.