TERMS AND CONDITIONS OF USE
FOUR SEASONS FLORIST LTD
The terms and conditions below outline the service we make available to you.
These terms and conditions (the "Terms and Conditions") are the terms and conditions from which are services of the website will be provided.
The Terms and Conditions govern your conduct of the FOUR SEASONS FLORIST services.
1. Products
1.1 All products as depicted on this website (as may be varied from time to time) are available almost everywhere in the world. However, some specific products are restricted to certain delivery areas only.
1.2 Certain flower and plant products may arrive in bud allowing a longer life-span.
1.3 It is possible that some flowers may cause allergic reactions- please contact Four Seasons Florist if further information is required.
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.
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 30 days after the intended delivery date.
1.6 We are unable to offer Champagne or other Finishing Touch items with products ordered from selected ranges, this will be made clear when placing your order.
1.7 Products will be delivered on the date of selection, or as close to the selected date as manageable. Notice will be given of the date of delivery.
1.8 Selected products are not available for same day delivery or other special delivery services. Further information regarding product availability and delivery options will be presented when placing your order.
1.9 We guarantee the freshness of your flowers for 7 days.
2 Alcoholic gifts
2.1 Under the Licensing Act of 1964 (UK) and 1976 (Scotland) it is an offence for any person under 18 years to buy, or attempt to buy, alcoholic liquor. 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. It is an offence under Licensing (Northern Ireland) Order 1990 for any person under 18 to buy, or attempt to buy, intoxicating liquor.
2.2 Alcoholic gifts are distributed to selected areas in association with a licensed third party, for further information regarding our suppliers contact our Customer Services Team.
3. Prices
3.1 Prices listed within FOUR SEASONS FLORIST are valid for a maximum of 14 days of submitting your purchase form.
3.2 Prices include VAT for deliveries within the UK.
3.3 Except where stated product prices exclude a delivery charge.
3.4 Product prices for items requiring delivery outside of the UK, Republic of Ireland and Channel Islands exclude transmission or delivery charges.
4. Orders / Payment
4.1 Instructions will supplied to conduct the order process and will be required to provide us with your complete personal details, including accurate postcode, together with those of the intended recipient and all necessary payment details.
4.2 We accept payment by all 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 'check out' 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 Four Seasons website.
4.4 Submitting your order is subject to our acceptance of this offer. We will supply you with an email confirmation of your order details stating that we are processing your order via the email address you provide. A contract will not be binding to ourselves until this email confirmation has been sent.
4.5 We cannot accept orders for alcohol from customers below eighteen years of age.
5. Delivery
5.1 Except where stated, Standard Delivery is next day, and a charge of £5.99 will be applicable within the UK. Deliveries selected for areas to which Four Seasons Florist do not normally deliver to you will be given the additional information necessary stating any additional charges as soon as possible upon receipt of your order.
5.2 Selected products are not available for delivery to certain areas - where possible we will advise you of these restrictions before you place your order.
5.3 Some products will be delivered via courier or postal services to UK mainland addresses. Courier delivery is £5.99. Postal delivery is included in the product price. We will advise you of the first available delivery date for your chosen item when you place your order. Every effort will be made to deliver on your chosen date, the exact delivery date cannot be guaranteed.
5.4 Delivery Services - Should you require your delivery to be made within a specific time period we are able to offer the following delivery services. Please note some services are subject to availability. We will advise you of services available at the time of placing your order:
5.4.1 Same day delivery is available at a cost of £7.99 (except where noted).
5.4.2 'Before 1pm'/'after 1pm' service at a charge of £3 in addition to Interflora Delivery of £5.99. This delivery option is not currently available when ordering online so please call 0131 208 2969 to place your order. The service is offered to orders for delivery within the UK, Republic of Ireland, Isle of Man and Channel Islands. Should you require this delivery service, your order must be placed by 3pm, 24 hours in advance of the required delivery date (3pm Saturday in the case of Monday deliveries). This delivery service is offered subject to availability and may be withdrawn without notice during busy periods.
5.4.3 '3 hour delivery' service is available at a charge of £5.00 in addition to Interflora Delivery of £7.99. This delivery option is not currently available when ordering online so please call 0131 208 2969 to place your order. The service is offered for orders to selected delivery locations within the UK, Republic of Ireland, Isle of Man and Channel Islands. Please request this service at the time of placing your order. This delivery service is offered subject to availability and may be withdrawn without notice during busy periods. We regret this delivery service is not available for orders requesting Champagne as part of the order.
5.5 Orders for products delivered via courier or postal services received before 3pm Monday to Thursday can be despatched the same day for next day delivery almost anywhere in mainland UK subject to availability. Orders received before 3pm Friday will normally be despatched the same day for Monday delivery almost anywhere within mainland UK, however, some suppliers do not deliver on Monday. We will process orders received on Sundays or Public Holidays the next working day.
5.6 Confirmation of your delivery date will be sent via email. Orders received on Sundays or Public Holidays will be delivered the next working day.
5.7 Delivery is not available on Sundays or public holidays, see clause 5.6.
5.8 Information of the intended recipient and their details should be as accurate as possible. Please provide a contact telephone number for contacting should delivery difficulties are incurred.
5.9 A delivery time will be based on your preference when selecting a date, this will be notified upon the order being placed.
5.10 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 local florist or for certain orders via third party courier or postal 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 above. Goods delivered via third party services are generally despatched 24 hours before the requested delivery date for most UK mainland addresses. For deliveries via third party to Northern Ireland, Wales and some areas of Scotland, please allow up to an additional 48 hours after the requested delivery date for delivery to be made.
5.11 In the case of delivery to certain locations, where a third party is involved, such as offices, hospitals, Funeral Directors, 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..
5.12 Please note that the carrier is only responsible for delivering to the address you quote (or to a neighbour if no one is at home) we regret that where the goods have been correctly delivered we cannot accept responsibility if the intended recipient has moved, or lives elsewhere, and the actual receiver refuses or fails to return item(s).
5.13 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. If the recipient fails to make contact in good time we reserve the right to charge for re-delivery to that or an alternative address.
5.14 It should be advised that delivery cut-off times & prices should be reviewed at the time of placing your order.
5.15 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.
6. Cancellation
6.1 Should you wish to cancel your requested order please contact us via the contact telephone number or email as stated upon our website. 48 hours notice should be given before the requested delivery date.
6.2 Perishable food products ordered cannot be cancelled once the order has been dispatched.
6.3 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.
7. Four Seasons Florist Customer Services
7.1 In the event that you are not satisfied with the Four Seasons Florist Online Service any complaints should be addressed in the first instance to:
By email: FOUR SEASONS FLORIST LTD
By telephone: 01224 633968
By post: 177 Rosemount Place
Aberdeen
Aberdeenshire
AB25 2XP
7.2 Our Customer Enquiries Team is available from 8am until 6pm Monday to Friday and 8am until 5pm on Saturday.
7.3 Due to the perishable nature of most products and to ensure the quick resolution of any complaints 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.
8. Disclaimer
8.1 Whilst we agree to use all reasonable endeavours to ensure that the Four Seasons Florist Online Site and/or the Four Seasons 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 website/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 Four Seasons Florist Online site/services impossible or impractical.
8.2 (a) We accept liability for death or personal injury arising from our negligence.
8.2 (b) Subject to clause 8.2(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 with us shall be limited to a multiple of [5] times the price you have paid for the products.
8.2 (c) Subject to clauses 8.2(a) and 8.2(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 Four Seasons Florist Site/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.
8.2 (d) Subject to clauses 1.5 and 5.3 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.
9. General
9.1 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Four Seasons Florist Site/Service from time to time. We will post any changes on the Four Seasons Florist Site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Four Seasons Florist Service/Site. Changes are effective immediately after the posting of any such change and all subsequent dealings between you and us shall be on the new terms and conditions.
9.2 Additionally, we reserve the right to suspend, restrict or terminate access to the Four Seasons Florist Site/Services for any reason at any time.
9.3 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Four Seasons Florist 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.
9.4 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.
9.5 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.
9.6 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.
9.7 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.
10 Intellectual Property
10.1 All other rights, including copyright, in this website are owned by Four Seasons Florist Ltd. Any use of this 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 Four Seasons Florist Ltd. You may not modify, distribute or repost something on this website for any purpose.
My Account service - terms and conditions
1. My Account service ('the Service') is provided by Four Seasons Florist Ltd as a supplementary feature to the website and is subject to these Terms and Conditions. To allow for this 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.
2. To register with the Service you must be over eighteen years of age.
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.
4. If we have 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.
5. You must ensure that the details you provide on registration or at any time are correct and complete.
6. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
7. Use of the Service is intended to assist with purchases to be made via the site. The Service must not be used for the following purposes:
a) Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
b) Gaining unauthorised access to other computer systems.
c) Interfering with any other person's use or enjoyment of the Site.
8. We reserve the right to refuse to post material on the Site, or to remove material already posted on the Site.
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.
10. Your access to the Site and Service may be occasionally restricted to allow for routine maintenance.
11. These Terms and Conditions operate in conjunction with general Terms & Conditions of the Site governing overall use and order placement, a copy of which can be viewed here. We are committed to protecting your privacy, the Site Privacy Policy can be viewed here.
12. If you have any queries please contact us using the contact details below:
FOUR SEASONS FLORIST LTD
Tel. No.: 01224 633968
Fax No.: 01224 643450
flowers@fourseasonsaberdeen.co.uk
177 Rosemount Place
Aberdeen
Aberdeenshire
AB25 2XP
13. We have obligations in relation to your personal information under the Data Protection Act 1998. 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, sexual life 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.