Terms & Conditions
Terms & Conditions
Effective as of 17th November 2022
The following Terms are important and set out your and our legal rights
and responsibilities. Please read these Terms carefully, and check that
you agree with them, before you set up an Account, subscribe to our
Regular Flower Delivery Service and/or place an order on our online
shop.
If you would like this contract in another format, such as large print
or audio, please contact us.
You must be at least 18 years old to create an account with us for a
subscription to our Regular Flower Delivery Service and to buy Gifts and
Products in our online shop.
By selecting the “Sign me up” button, you confirm that you are 18 years
old and agree to enter into a legally binding agreement with us subject
to these Terms.
WHO WE ARE
When we say we, us or our, we mean Freddie’s Flowers Ltd, a company registered in England and Wales under company number 09192551. We operate the Freddie’s Flowers website at freddiesflowers.com (Website). Our registered office is at 23-34 Ingate Pl, Nine Elms, London SW8 3NS. Our VAT number is 209405916.
HOW TO CONTACT US
If you wish to contact us for any reason, including because you have
any complaints, you think our Products are faulty or misdescribed, or
to cancel your contract with us, you can contact us:
(a) using the contact form available on our Website at:
www.freddiesflowers.com;
(b) by e-mail at freddies@freddiesflowers.com;
(c) by calling our customer support team on 020 8396 6696;
(d) by post to the address set out in clause 1 above.
We also have a chat feature available on our website (but this cannot
be used to cancel your contract with us).
How we may contract you. If we have to contact you we will do so by
e-mail, text, phone or post using the contact details you have
provided to us.
ABOUT THESE TERMS
3.1 Definitions.
Definitions used in these Terms have the meaning given to them below
(or otherwise as given to them within these Terms):
Account
means the account you create with us on our Website to subscribe to
our Regular Flower Delivery Service and have the option to purchase
Gifts and Products we make available in our shop;
Gifts
means a gift of flowers chosen by us and purchased by you (plus the
option of adding a vase for one off gifts as available when ordering)
to be delivered to someone you choose which can be purchased as a
One-Off Order or on a weekly, fortnightly or monthly subscription
basis and paid for by you as a One-Off Order. For details see clause
5.2 (One-Off Orders - Our Shop and Gifts);
One-Off Order
means a one-off order placed with us for Products we make available in
our Shop or one-off orders of Gifts or Gift subscriptions. For
details, see clause 5.2 (One-Off Orders - Our Shop and Gifts);
Products
means the products we make available in our Shop to purchase, Gifts
and the Regular Flower Delivery Service, as applicable;
Regular Flower Delivery/ies or Regular Flower Delivery Service
means our weekly flower delivery service as subscribed to by you where
we deliver to you on a regular basis, a box of flowers as chosen by
us. For details, see clause 5 (Regular Flower Deliveries and One-Off
Orders);
Shop
means our online shop on the Website, which you can access via your
Account dashboard once you have registered for our Regular Flower
Delivery Service; and
3.2 Account Set up.
You must set up Account with us on our Website to subscribe to our
Regular Flower Delivery Service and order any Products from our Shop
or Gifts. In order to create an Account, you must complete the sign-up
process on our Website. You must use accurate information, including
your first and last name, email address, phone number, delivery
address, delivery instructions, payment details and your chosen secure
password. If your details change after registration, you must let us
know or update them on our Website. You must keep details of your
Account (including your password) secure and not share them with
anyone else. You must not allow others to use your Account.
3.3 Applicability of Terms.
When you agree to these Terms and create an Account with us, a legally
enforceable contract between you and us will come into existence. That
contract will continue indefinitely, unless you end it in accordance
with clause 11 (Your rights to end the contract), or we end it in
accordance with clause 12 (Our rights to end the contract).
3.4 Changes to Terms.
We may amend these Terms from time to time, for example, to reflect
changes in law or best practice, or to deal with changes we introduce
to our Products. Such changes shall take effect on the date specified
in any email to you notifying you of an update, or at the time the
revised Terms are posted (whichever is the earlier). If you choose not
to accept the new terms, you can close your Account and end your
contract with us as described in clause 11 (Your rights to end the
contract).
YOUR PRIVACY
Under data protection legislation, we are the data controller of your
personal data processed through our Website, and are required to
provide you with certain information about who we are, how we process
your personal data and for what purposes and your rights in relation
to your personal data and how to exercise them. This information is
provided in our Privacy Notice.
REGULAR FLOWER DELIVERY SERVICE SUBSCRIPTION AND SHOP AND GIFTS ORDERS
5.1 Regular Flower Deliveries Subscription.
To receive our Regular Flower Delivery Service, you will need to set
up an Account and Regular Flower Delivery subscription with us. Once
set up and you have received our confirmation email confirming the set
up of your Account and subscription to our Regular Flower Delivery
Service, we will make regular deliveries of our boxed flowers chosen
by us on the day of the week assigned for your area (as notified at
the time of subscribing) and you will make recurring payments to us in
respect of your Regular Flower Delivery Service order (see clause 8.2
(Payment). Your subscription and recurring payment for your Regular
Flower Delivery Service will continue indefinitely unless cancelled or
paused in accordance with these terms (see clauses 7 (Cancelling,
pausing or changing your order), 8.4 (Payment fails), 11 (Your rights
to cancel the contract) and 12 (Our rights to end the contract)).
The flowers delivered for our Regular Flower Delivery Service are
chosen by us and you will be able to view the up-coming weeks flowers
on our Website. We hope you will love our chosen flowers but if for
any reason you do not wish to receive a certain weeks flowers, you can
always skip that week’s delivery in your Account with prior notice
(Skip or pause Regular Flower Deliveries in clause 7.2 ). You may also
sign up to receive an email to be notified of the up-coming weeks
flowers though your Account.
5.2 One-Off Orders - Our Shop and Gifts
(a) If you sign up to our Regular Flower Delivery Service, you can
also:
(i) purchase products from our Shop or Gifts on a one-off basis,
whereby you make a one-off payment for those Products at the time of
purchase (see clause 8 (Price and Payment)). One-off-Orders of
products from our Shop will be added to your next Regular Flower
Delivery and one-off Gifts will be delivered to your chosen address on
the delivery date selected (see clause 6, Delivery); and
(ii) purchase Gift subscriptions for delivery of flowers for 2 or more
weekly, fortnightly or monthly deliveries to your chosen Gift
recipient via your Account. You will be required to pay upfront for
the entire Gift subscription at the time of purchasing as a one-off
payment. We will deliver the Regular Flower Delivery Gifts to your
chosen recipient and according to the delivery details you provided at
the time of purchase. Deliveries will be made on the day of the week
available for delivery in the areas chosen for delivery as notified at
the time of purchasing (please see clause 6 (Delivery) for details on
Delivery).
5.3 How to make changes to your order before placing it.
Please check your order carefully before submitting it. If you need to
cancel your order or correct any errors in your order before
submitting it to us, you can do so using the buttons available on
screen during the ordering process. For information on cancelling and
changing orders once submitted to us, please see clause 7 (Cancelling,
pausing or changing your order).
5.4 Order acknowledgement and acceptance.
When you (a) set up your Account for the Regular Flower Delivery
subscriptions and confirm your Account set up and subscription at the
end of the set up process or (b) you place your order for One-Off
Orders at the end of the online checkout process, we will acknowledge
it on screen, followed by an email. The on screen acknowledgement does
not mean that your order has been accepted. We will only accept your
order when we email you to confirm this. At this point, a legally
binding contract will be in place between you and us in respect of
that order.
5.5 If we cannot accept your order.
If we are unable to accept your order, Account set up and/or
subscriptions, we will email you to inform you about it, and no
contract between us will come into force. This might be, for example,
because: we cannot authorise your payment; or there has been a mistake
on the pricing or description of the Products. If we do not accept
your order, if you have already paid for the Products we will refund
your payment for your order by the method you used for payment within
48 hours.
DELIVERY
6.1 Delivery Costs.
The cost of delivery is not included and is charged in addition to the
cost of the Products, as shown when you are placing your order.
6.2 Delivery address and instructions.
(a) Deliveries will be made to your address as registered in your
Account (except as set out below).
(b) You can only subscribe to our Regular Flower Delivery Service
and/or place an order for Products in our Shop if we cover your area
for delivery. If we do not cover your area, you will not be able to
create an Account with us. The same applies for the delivery of Gifts
and we will only be able to deliver to areas we cover. The areas we
deliver to will be confirmed when you set up your Account, purchase a
Gift and/or amend your address. We may add or remove delivery areas as
we, in our complete discretion, see fit. If we cease to service a
particular area, then we will notify you in advance in accordance with
clause 6.4 (Changes to delivery areas and days we cover).
(c) You can add reasonable delivery instructions to your Account (for
example, “leave on the doorstep”). The address and any other
information you provide to us must be accurate and complete. We will
not be responsible for supplying any Products late or not supplying
any part of them if this is caused by you not giving us the correct or
complete information or not giving us the deliver information we need
within a reasonable time of us asking for it.
(d) We may make deliveries at any time during the day. If you or your
Gift recipient is not going to be in to accept the delivery, please
specify delivery instructions in your Account to enable us to deliver
the flowers on your specified delivery day. If you are going to be
away (for example, if you are going on holiday), you must
suspend/pause your order (see clause 7 Cancelling, pausing or changing
your order). We will not be responsible for any loss or damage to your
delivery as a result of your chosen place of delivery (provided that
we have delivered as reasonably specified in your Account) or if no
one is available at your address at the time of delivery.
(e) If you or your Gift recipient change address, you must update the
delivery details in your Account for you or your Gift recipient, as
applicable, or let us know using one of the methods set out in clause
2 (How to contact us). Changing your or your Gift recipient’s address
may result in a change to the available delivery days for the area of
the new address or a cancellation of your active orders from the date
of the address change if we do not deliver to the area of your or your
Gift recipient’s new address. If there is a change in the delivery
day, this will be shown in the updated delivery schedule calendar on
the page where you update the address. If for any reason we do not
deliver to the area of your or Your Gift recipient’s new address, we
will notify you of this at the time of changing your address and you
will need to contact us to cancel your Account and existing orders
(please also see clause 7 (Cancelling, pausing or changing you order).
6.3 Delivery days.
We will notify you of the assigned delivery day (which will be on a
weekday, Monday to Friday) for your subscription when you first
subscribe to the Regular Flower Delivery Service. The delivery days
will vary in different geographical areas we cover. When selecting
Products in our Shop, these will be added to your next scheduled
Regular Flower Delivery. For Gifts, you can select the relevant
delivery day of the week (Monday to Friday) as we have available in
the relevant delivery area and you will be notified of the assigned
delivery day as with our Regular Flower Delivery Service. Note that if
delivery falls on a UK public holiday, we may not deliver on that day
but your flowers will be delivered on the next day which is not a
public holiday in the UK. Should this be the case, we will notify you
in advance.
6.4 Changes to the delivery areas and days we cover.
We reserve the right to change delivery days or to cease delivering in
your area or the area in which Gifts subscriptions are provided. We
will give you at least 14 days’ notice of any changes by sending you
an email with details of the change, except this notice period may be
shorter where clause 6.6 below applies.
(a)
If we cease delivering in your area
this contract will automatically end at the expiry of the
above-mentioned notice. We will refund to you any sums paid by you in
relation to orders placed before the end of the contract, which will
not be delivered to you after the contract ends.
(b)
If we cease delivering in your Gift recipient’s area
the order for that Gift recipient will automatically end at the expiry
of the above mentioned notice. We will refund to you any sums paid by
you for Gifts which will not be delivered after the order expires.
(c)
If we change the weekday on which we deliver in your area and/or your
Gift recipient’s areas
and this affects your active orders:
(1) delivery days for your active orders will be changed to the new
weekday at the end of the 14 days’ notice period; and
(2) if you and/or your Gift recipient choose not to accept the new
delivery day, you can cancel your affected orders as described in
clause 7.1 (Cancelling or making changes).
6.5 If we cannot supply the Products you paid for.
If we cannot supply you with the Products that you ordered and already
paid for or we discontinue a Product and that change affects your
active order we will let you know in advance and will let you know if
we intend to deliver an unavailable product late or otherwise agree
with you (i) on whether you want to receive a substitute Product, if
available, or (ii) if you want to cancel the Product order and receive
a refund for that Product.
We will refund you as soon as possible and for any discontinued
Product within 14 days of the cancellation. Please see clause 7
(Cancelling, pausing or changing your order) for further information
on cancelling orders, pausing orders and refunds.
6.6 Delays and events outside our control.
If our supply of the Products is delayed or prevented by an event
outside our control, we will contact you as soon as possible to let
you know and we will take reasonable steps to minimise the effect of
the delay or event preventing delivery. Provided we notify you of such
delay or non delivery, we will not be liable for delays or failure to
deliver caused by the event, but if there is a risk of substantial
delay or we inform you that we are not able (in our discretion) to
work around the event preventing delivery, then either we or you may
end the contract upon written notice and you will receive a refund for
any products you have paid for but not received. Events outside our
control include (but are not limited to) bad weather, fire, flood,
hostilities and civil disturbance that may affect the safety of our
drivers or delivery of our Products, acts of government or other
authorities and labour disputes.
6.7 Late delivery.
We will use our best endeavours to deliver on the specified delivery
date but if for any reason we do not deliver your Products on the
agreed day, we will deliver the missed order to you the next working
day or if the next day is a weekend day or UK public holiday, then we
will provide you with a refund. However, if you do not want us to
redeliver on the next working day, please contact us to cancel that
redelivery or set a different delivery date. If you prefer to treat
the contract as at an end and receive a refund, please let us know
using one of the contact methods set out in clause 2 (How to contact
us). Please see clause 7 (Cancelling, Pausing or changing your order)
for information on cancelling orders. This doesn’t affect your
statutory rights.
6.8 Notifying us of no delivery.
You must notify us if you believe we have not delivered your Products,
as soon as possible (in any event within 3 days of the scheduled
delivery), so we can rectify matters. In the event that we have failed
to deliver the Products, then we will arrange redelivery or a refund
at your request.
6.9 Completion of delivery.
Delivery of the Products will take place when our delivery provider
delivers them to the address that you gave to us and as per your
reasonable delivery instructions (if provided) or otherwise left on
your doorstep.
6.10 Responsibility for the Products.
We are responsible for the Products until they are delivered to you.
You are responsible for the Products once delivery has taken place (as
set out in clause 6.9 above). In other words, the risk in the Products
passes to you when they are delivered to you.
CANCELLING, PAUSING OR CHANGING YOUR ORDER
7.1 Cancelling or making changes.
You can cancel or make changes to a One-off Order, a delivery of your
Regular Flower Delivery or Gift delivery at any time up to 12 noon, 2
days prior to the scheduled delivery day of your next Regular Flower
Delivery, or for Gifts, the scheduled delivery day for your Gift, as
applicable. You can view details of your subscription to the Regular
Flower Delivery service, One-off orders and Gift orders, make changes
to your subscription and orders, and skip or pause a delivery within
your Account as further described in this clause 7 . To cancel your
subscription to the Regular Flower Delivery Service subscription or a
Gift subscription, you must contact us. If you do not let us know by
the required cut off period noted above, you will still be charged for
and provided with your scheduled order delivery, Regular Flower
Delivery, or Gift delivery.
7.2 Skip or pause Regular Flower Deliveries.
If you wish to skip or pause a delivery of a Regular Flower Delivery
or a Gift subscription for any reason you can temporarily
suspend/pause (up to a maximum of six weeks) your Regular Flower
Delivery or a Gift subscription within your Account any time up to 12
noon, 2 days day prior to the scheduled delivery day. Your Regular
Flower Delivery or Gift Subscription will get automatically
reactivated at the end of the suspension period set by you. When your
Regular Flower Delivery or Gift subscription is paused in accordance
with this clause 7.2, we will not charge you in respect of Products
not delivered to you within the suspension period. If you do not let
us know by the required cut off period noted above, you will still be
charged for and provided with your scheduled Regular Flower Delivery
or Gift subscription.
7.3 Effect of cancelling or making changes.
If, in accordance with clause 7.1 you:
(a) cancel your Regular Flower Delivery subscription, Gift
subscription or One-Off order, it will end that subscription, Gift or
order, and all payments received from you in respect of supplies under
that order that will not be made after the date of the cancellation
will be credited to your Account; or
(b) make a change to your Regular Flower Delivery, Gift subscription
or One-Off order then:
(1) any payments which you already made in respect of any cancelled
items will be credited to your Account; and
(2) the prices charged for any new items added by you to your existing
order will be the prices applicable to the Products at the time when
you submit changes to your original order, as displayed in our Shop or
in your Account dashboard, as applicable, which may be higher or lower
than the prices that applied to your original order.
In each case, we will send you an email confirming the cancellations
or changes you make to your order and all refunds under clause 7.3
will be automatically credited to your payment card that you provided
to us when setting up your Account (or as otherwise updated) (unless
you expressly agree otherwise): without undue delay, and no later than
within seven days after we receive your request. In any event, you
will not incur any fees as a result of the reimbursement.
7.4 Your statutory cancellation rights.
(a) Because flowers are perishable and we cannot resell them elsewhere
you may not cancel the contract after 12 noon, 2 days before your
delivery. However in respect of any non-perishable items purchased
from our Shop, then you have the right to change your mind and receive
a refund as long as you notify us in writing within the 14 days of the
date of delivery. As long as you send the product back (at your cost)
to us within 14 days following the expiry of the 14 day cancellation
period, we will give you a full refund without undue delay, and not
later than 14 days after the day we received the cancelled product(s)
back from you.
(b) We may make a deduction from the reimbursement (excluding delivery
costs) to reflect any reduction in the value of the Products caused by
unnecessary handling by you in a way which would not be permitted in a
shop. You must keep the Products in your possession, take reasonable
care of them (including ensuring that you follow any storage
instructions provided on the product packaging) and not use them
before we collect them from you.
PRICE AND PAYMENT
8.1 Product prices.
The price of your Regular Flower Delivery Service will be indicated on
the page when you sign up to the service. The price of the Gifts and
Products in our Shop will be indicated on the order pages when you
place your order. The price for the Regular Flower Delivery Services,
Gifts and Products includes VAT at the applicable rate but excludes
delivery which is chargeable in addition as per clause 6.1 (Delivery
Costs). Please see clause 7.3(b) (Effect of cancelling or making
changes) for the effect of making changes to your existing orders on
the price you pay for the Products.
8.2 Payment.
We accept the following methods of payment: credit cards and debit
cards as listed in your Account (and, as applicable, our discount
codes), and payment is taken as detailed below:
(a) recurring payments for the Regular Flower Delivery Service must be
made using a recurring card payment facility. In order to set this up,
you will need to enter your payment card details on the payment
section when setting up your Account and subscribing to our Regular
Flower Delivery Service during the ordering process (see clause 5.1).
Once you sign up to the Regular Flower Delivery Service, we will send
you an email confirming details of the order, including the weekly
amount to be charged to your card and the day of the week on which we
will charge that amount. You can also view this information and change
your payment card details, at any time, in your Account. Payment for
each delivery will be taken after the relevant delivery cancellation
or pausing cut off time but prior to the day of delivery. Please see
clauses 7.1 (Cancelling or making changes) and 7.2 (Skip or pause
Regular Flower Delivery) for the delivery cancellation or pausing cut
off time.
(b) For any One-Off Orders of Gifts and Products in our Shop, payment
will be taken in full at the time of order. Your credit card or debit
card will be charged when you place your order.
For information on cancelling or changing your orders and refunds
following such changes, please see clause 7 (Cancelling, pausing or
changing your order).
8.3 Discount codes.
We may from time to time make available a discount code to be used by
new customers only to reduce the total price new customers must pay to
us for your initial order. To benefit from your discount code, you
need to apply it during the Account set up process before completing
your subscription order for the Regular Flower Deliveries. These
discount codes are valid for 3 months only and they can only be used
once per household/customer/address. We may also provide you with
codes for our ‘Refer A Friend’ program within your Account or in your
Regular Flower Delivery box. Please see clause 10 for the terms which
apply to the ‘Refer A Friend’ program and codes.
8.4 Payment failures.
If you place an order with us:
(a) We may automatically update your payment card details. We may use
a secure payment card update service provided by Visa and Mastercard
in order to minimise the risk of a failed payment due to expired,
lost, stolen, re- issued or out-of-date payment details. This service
will automatically update your payment card details to prevent your
recurring payment to us from failing. If we are unable to update your
payment card details using this service, we will send you an email
asking you to update your payment card details on your Account on our
Website.
(b) We may suspend your order if your payment fails. We may suspend
your Regular Flower Deliveries, Gift subscriptions and/or active
orders if your payment fails three consecutive times; we are refused
authority to charge your payment card to fulfil your Regular Flower
Deliveries, Gift subscriptions and/or order; and/or we have reasonable
grounds to believe that a scheduled payment will be refused. If we
suspend your active order(s), Gift subscriptions and/or Regular Flower
Deliveries in these circumstances, we will not deliver any Regular
Flower Delivers, Gift subscriptions or orders to you during the period
of suspension and will not be liable to you for late or failed
delivery.
(c) You must compensate our costs if your payment fails. It is your
responsibility to ensure that your payment card details are correct
and up-to-date and that you have sufficient funds to cover payments
under your orders. If, as a result of you breaking this condition, we
are unable to collect a payment from you under an order you have
placed with us, you must compensate us for the net costs we will
incur. (d) Termination for failure to pay. We may also terminate your
contract with us if you fail to pay, please see clause 12 (Our rights
to end the Contract).
8.5 We may increase our prices.
We may vary the prices of our Products from time to time. If a
proposed increase in price affects your existing Regular Flower
Deliveries, we will give you at least 7 days’ notice by sending you an
email with details of the change. The new price will come into effect
at the end of that 7 days’ period. If you choose not to accept the
price increase, you can cancel your order as described in clause 7.1
(Cancelling. Pausing or making changes to your order).
8.6 If you receive the Products before you pay.
If your payment is not received by us and you have already received
the Products, we will follow the process in clause 8.4 (payment
failures).
8.7 Security of electronic payments.
We will do all that we reasonably can to ensure that all of the
information you give us when paying for the Products is secure by
using an encrypted secure payment mechanism. However, in the absence
of negligence on our part, any failure by us to comply with this
contract or our Privacy Notice or breach by us of our duties under
applicable laws, we will not be legally responsible to you for any
loss that you may suffer if a third party gains unauthorised access to
any information that you give us. To avoid a third party gaining
unauthorised access to any information that you provide to us, we
recommend that you install appropriate anti-virus software on your
computer or mobile device.
YOUR RIGHTS IF THERE IS A PROBLEM WITH A PRODUCT
9.1 Your consumer rights.
As a consumer, we are under a legal duty to supply products that are
in conformity with this contract and nothing in these Terms affects
your legal rights under the Consumer Rights Act 2015. You may also
have other rights in law. Below is a summary of your key legal rights
which are subject to certain exceptions. For more detailed
information, please visit the Citizens Advice website
www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described on our
website, be fit for purpose and be of satisfactory quality (except
where we have specifically brought a flaw to your attention before the
contract is made – we refer you to clause 9.2 (Images)).
9.2 Images.
The images of the Products are for illustrative purposes only.
Although we have made every effort to display the colours accurately,
we cannot guarantee that a device's display of the colours accurately
reflects the colour of the Products. Your Product may vary slightly
from those images. The packaging of the Products may also be different
from that shown on our Website or in our Shop.
9.3 Problems with a Product.
If you have any questions or complaints about the Products, please
contact us (see clause 2 How to contact us). This includes, if you
wish to exercise your legal rights when a Product does not comply with
the Consumer Rights Act and want:
(a) us to replace the Product;
(b) a price reduction; or
(c) to reject the Product and get a refund.
If you wish to exercise the above rights, we may ask you to provide
evidence that the Product does not meet the legal requirements (see
clause 9.1 (Your statutory rights)).
9.4 Notifying us when exercising your rights.
If you inform us that you wish to exercise your legal rights to reject
Products (see clause 9.3 above) that do not meet the legal
requirements (see clause 9.1 (Your statutory rights)), you must make
them available for collection by us on the next delivery day in your
area, as instructed by us, unless we inform you that it is not
necessary on the occasion.
9.5 Fair wear and tear.
Your rights under this clause 9 do not apply to faults which result
from fair wear and tear.
9.6 Rejected Product Refunds
.
(a) When you exercise your right to reject the Products as they do not
comply with the Consumer Rights Act and get a refund, and we agree
that you are entitled to a refund, we will reimburse the total price
you paid for the rejected Products. When you exercise your right to
price reduction, we will refund to you the difference between the
price you paid for the Products and the reduced price.
(b) Where any Product is reasonably expected to last more than six
months, and you reject that Product after the first six months after
delivery, we may reduce the refund amount by a deduction for use, to
take account of the use you have had of the Product in the period
since they were delivered.
(c) We will make the reimbursement using the same method of payment
you used for the initial transaction, unless you have expressly agreed
otherwise; in any event, you will not incur any fees as a result of
the reimbursement. We will make the reimbursement without undue delay,
and not later than within 14 days beginning with the day on which we
agree that you are entitled to a refund.
‘REFER A FRIEND’ PROGRAMS
10.1 Our referral programs.
If you recommend a friend to Freddie’s Flowers and they sign up using your friend code, you will receive £10 credit. Your friend will get 50% off their first box and 10% off the next four deliveries. Freddie’s Flowers reserves the right to change the offer at any time but will honour previous code redemptions in these cases.
10.2 How Refer a Friend Account Codes work.
You are given the “Refer a Friend” code in your Account which is specific to you and your Account after you have set up your Account and subscribed to our Regular Flower Delivery Service. You can use this code up to a maximum of 4 times in each given 30 day period of your subscription for the Regular Flower Delivery Service in exchange for £10 credit per successful referral in that 30 day period.
10.3 Our terms that apply to all referral programs.
(a) To qualify for a reward your friend referral must be in respect of
a person who is at least 18 years old, is not our existing customer,
and meets all other specific program conditions as set out on our
Website in respect of the relevant referral program.
(b) You will only receive your reward where we have verified the
referral and confirmed the account set up by your referred friend and
you have not already applied any other discounts or offers to that
Regular Flower Delivery. The refer a friend code voucher on your
Account is for your use only and is connected to your Account and may
only be used by you up to a maximum of 4 times in any given month.
(c) We may change or discontinue a referral program at any time and we
do not represent that any referral program will continue to be
available indefinitely. We will not be responsible to you for any loss
you may incur as a result of us discontinuing a referral program.
(d) You must in connection with our referral programs:
(1) not contact or share any information (for example, a referral link
or code) with any person you do not personally know;
(2) not send any spams, or undertake any bulk messaging or auto
messaging;
(3) not request personal data from any person who is less than 18
years old, or display, reference, “tag”, or otherwise identify anyone
who is less than 18 years old;
(4) not engage in any practices or communications which are
misleading, offensive, deceptive, harmful, fraudulent, threatening,
intimidating, abusive, harassing, anti-social, menacing, hateful,
racially or ethnically offensive, discriminatory, inflammatory, cause
annoyance or needles anxiety to any person, are libelous or
maliciously false, obscene, suggestive or sexually explicit;
(5) comply with all requests to stop communications about our referral
program; and
(6) if you share your referral code or link or otherwise promote us on
any social media, you must comply with the terms and conditions and
the applicable policies of the relevant social media platform.
YOUR RIGHTS TO END THE CONTRACT
11.1 Closing your Account.
You can close your Account and end the contract with us any time:
(a) If you do not have any active orders from our Shop or for Gifts
and you notify us using one of the contact methods set out in clause 2
(How to contact us)) by 12 noon at least 2 days prior to your next
Regular Flower Delivery date. Your contract will end within 7 days
after we receive your notification; or
(b) If you have any active orders from our Shop or for Gifts, you need
to cancel your orders or Gifts as described in clause 7 (Cancelling,
pausing or changing your order), and tell us that you wish to close
your Account using one of the contact methods set out in clause 2 (How
to contact us)) by 12 noon at least 2 days prior to your next Regular
Flower Delivery date. Your contract will end within 7 days after we
receive your notification and all your active orders have been
cancelled.
11.2 Faulty or misdescribed Products.
You may end this contract if what you have bought is faulty or
misdescribed. For details, please see clause 9 (Your rights if there
is a problem with a Product).
11.3 Ending the Contract for other reasons.
If you are ending a contract with us for a reason detailed sub-clauses
11.3 (a) and (b) below, the contract will end immediately and we will
refund you in full for any Products which have not been provided but
have been paid for. The reasons are:
(a) there is a risk that supply of the Products may be significantly
delayed or not delivered at all because of events outside our control
(see clause 6.6 (Delays and events outside our control); or
(b) you have a legal right to end your contract with us because of
something we have done wrong, including because we have delivered late
(see clauses 6.7 (Late delivery)) or because we have not or cannot
supply the Products you paid for (see clause 6.5 (If we cannot supply
the Products you paid for)).
OUR RIGHTS TO END THE CONTRACT
12.1 Breaking the Contract in a serious way.
We may end your contact with us at any time by writing to you if you
break it in a serious way. For example if you do not make any payment
to us when it is due and you still do not make payment within seven
days of us reminding you that payment is due (see clause 8 (Price and
Payment) or do not provide us within a reasonable time of asking,
information necessary for us to provide the Products to you;
12.2 Effect of ending the Contract.
If we end the contract in the situations set out in clause 12.1 :
(a) it will not affect our right to receive any money which you owe to
us under this contract for Products provided to you; and
(b) we will refund any money you have paid in advance for Products we
have not provided but we may deduct or charge you reasonable
compensation for the net costs we will incur as a result of your
breaking the contract.
12.3 Other reasons for ending the contract.
Your contract with us may end:
(a) if we withdraw a Product (see clause 6.5 (If we cannot supply the
Products you paid for).
(b) automatically if we cease delivering in your area or the Gift
recipient’s area (see clause 6.4 (Changes to delivery areas and days
we cover)).
(c) if, after accepting your order, we notice that there was an
obvious error in the pricing of a Product.
LIMIT ON OUR RESPONSIBILITY TO YOU
13.1 Liability which is not limited or excluded.
We do not limit our liability for death or personal injury caused by
our negligence or the negligence of our employees, agents or
subcontractors; for fraud or fraudulent misrepresentation; where
section 31(1) if the Consumer Rights Act 2015 does not permit us to
exclude or limit liability (including the right to receive products
which are: as described and match information we provided to you and
any sample or model seen or examined by you; of satisfactory quality;
fit for any particular purpose made known to us); for defective
products under the Consumer Protection Act 1987; or for any other
matter which we may not exclude as a matter of law.
13.2 Excluded Liability.
Subject to clause 13.1 above, we are not legally responsible for:
(a) losses that:
(1) were not foreseeable to you and us when the contract was formed
(for example, it was not obvious that it would happen and nothing you
said to use before we accepted your order meant we should have
expected it); or
(2) were not caused by any breach on our part;
(3) was caused by a delaying event outside of our control (as long as
we have taken steps set out in the section 6.6 (Delays and events
outside our control); or
(4) it would have been reasonable to expect you to limit (for example,
by taking reasonable action to avoid those losses).
(b) business losses (including, for example, loss of business,
business interruption, loss of contracts and loss of profit); and
(c) losses to non-consumers (if for example you made a purchase for a
business you own or work for).
INTELLECTUAL PROPERTY RIGHTS
14.1 Freddie’s Flowers, our logos and our other trade marks, the
Website and its content, materials published on it, design, layout,
look, appearance and graphics and any necessary software used in
connection with the Website are the exclusive property of us and/or
our licensors. We give no permission for the use of the trade marks,
and such use may constitute an infringement of our rights. All
intellectual property rights in our tradenames, logos and our other
trade marks, Shop and Website (and its content, materials published on
it, design, layout, look, appearance and graphics and software)
throughout the world belong to us (and/or our licensors). You have no
intellectual property rights in, or to, our tradenames, logos and our
other trade marks, Shop and Website. Any goodwill derived from the use
by you of our intellectual property rights will accrue to us and/or
our licensors.
14.2 You must not remove any trade marks, service marks, labels or
other legal or proprietary notices included in our Shop and Website,
or attempt to modify any content obtained through our Website,
including any modification for the purpose of disguising or changing
any indications of the ownership or source of such.
OUR WEBSITE
15.1 How you may use our Website.
In return for your agreeing to comply with these Terms, and subject to
the rules and restrictions set out in clause 15.2 (Prohibited
actions), clause 15.3 (Acceptable use restrictions), and other
provisions of these Terms, you may: view pages from our Website in a
web browser; download pages from our Website for caching in a web
browser; print pages from our Website; stream audio and video files
from our Website; and use our Website services by means of a web
browser.
15.2 Prohibited actions. You agree that you will:
(a) not sell, resell, rent, lease, sub-license, loan, publish,
distribute, redistribute, provide, or otherwise make available, our
Website in any form, in whole or in part to any person without prior
written consent from us;
(b) not display (in part or in whole) our Website as part of any
public performance or display unless such use would not constitute a
copyright infringement or breach legal rights of any person (including
corporate entity) or is specifically permitted by us;
(c) not copy the Website (in part or in whole), except as part of
their normal use or where it is necessary for the purpose of back-up
or operational security;
(d) not translate, merge, edit, adapt, vary, alter or modify, the
whole or any part of our Website nor permit our Website or any part of
them to be combined with, or become incorporated in, any other
programs, applications or digital content except as necessary to use
the Website on devices as permitted in these Terms;
(e) not disassemble, de-compile, reverse engineer or create derivative
works based on the whole or any part of our Website nor attempt to do
any such things, except to the extent that (by virtue of sections 50B
and 296A of the Copyright, Designs and Patents Act 1988) such actions
cannot be prohibited because they are necessary to decompile the
Website to obtain the information necessary to create an independent
program that can be operated with the Website with another program
(Permitted Objective), and provided that the information obtained by
you during such activities is not disclosed or communicated without
our prior written consent to any third party to whom it is not
necessary to disclose or communicate it in order to achieve the
Permitted Objective; is not used to create any software that is
substantially similar in its expression to the Website; is kept
secure; and is used only for the Permitted Objective;
(f) not attempt to, or assist, authorise or encourage any person to
circumvent, disable or defeat, interfere with or disrupt the safety,
security or performance of our Website; and
(g) not conduct, facilitate, authorise or permit any text or data
mining or web scraping in relation to our Website or any services
provided via, or in relation to, our Website. This includes using (or
permitting, authorising or attempting the use of): (i) any "robot",
"bot", "spider", "scraper" or other automated device, program, tool,
algorithm, code, process or methodology to access, obtain, copy,
monitor or republish any portion of the site or any data, content,
information or services accessed via the same, and (ii) any automated
analytical technique aimed at analysing text and data in digital form
to generate information which includes but is not limited to patterns,
trends and correlations. The provisions in this clause should be
treated as an express reservation of our rights in this regard,
including for the purposes of Article 4(3) of Digital Copyright
Directive ((EU) 2019/790). This clause shall not apply insofar as (but
only to the extent that) we are unable to exclude or limit text or
data mining or web scraping activity by contract under the laws which
are applicable to us.
15.3 Use restrictions.
You must not (or permit or assist others to):
(a) use the Website in any unlawful manner, for any unlawful purpose,
or in any manner inconsistent with these Terms, or act fraudulently or
maliciously, for example, by hacking into or inserting malicious code,
such as viruses, or harmful data, into the Website or any operating
system;
(b) infringe our intellectual property rights or those of any third
party in relation to your use of our Website;
(c) transmit any material that is defamatory, offensive or otherwise
objectionable in relation to your use of our Website;
(d) upload, store or transmit any data or any other content or
material, or use our Website in any way, which is unlawful, and/or
breaches any legal rights of any person (including intellectual
property rights and data protection rights);
(e) use our Website in a way that could damage, disable, overburden,
impair or compromise the Website, our systems or security or interfere
with other users; and/or
(f) collect or harvest any information or data from our Website or our
systems or attempt to decipher any transmissions to or from the
servers running our Website.
15.4 We do not guarantee availability of our Website.
We will use reasonable skill and care to provide our Website to you
and to keep it safe, secure and error-free but we do not promise that
your use of our Website will be safe, secure, uninterrupted or
error-free. We will use reasonable endeavours to maintain the
availability of our Website to you but we do not guarantee 100%
availability. For example, our Website may become temporarily
unavailable for maintenance, repairs, updates, upgrades, or due to
network or equipment failures.
15.5 Other party’s websites, apps, content, products and services.
Our Website may allow you to access, use or interact with third party
apps, websites, content or other products or services. For example,
you may choose to interact with a content share button on our Website.
Please note that:
(a) our Terms and our Privacy Notice only apply to our Website and
your use of any third party products will be governed by the terms and
conditions and privacy policies of the third party providers of such
external products;
(b) such links to and integrations with third party products are
provided for information or your convenience only and are not
recommendations or endorsements by us of those external products or
any information you may obtain from them;
(c) you will need to make your own independent judgement about whether
to use any third party product. We are not responsible for examining
or evaluating the content or accuracy of any third party product, and
we will not be liable for any such external product;
(d) you are responsible for any fees incurred from any third parties
in relation to your use of third party products.
15.6 Your responsibility for access or data fees.
You are responsible for any access or data fees incurred from third
parties (such as your internet provider or mobile carrier and other
fees and taxes) in connection with your use of our Website on any
device.
GENERAL TERMS
16.1
Nobody else has any rights under this contract (except someone you
pass your guarantee on to). This contract is between you and us. No
other person shall have any rights to enforce any of its terms.
16.2
We may transfer our rights and obligations under a contract entered
with you under these Terms to another organisation, but this will not
affect your rights or our obligations under these Terms.
16.3
If a court finds part of these Terms illegal, the rest will continue
in force. Each of the paragraphs of these Terms operates separately.
If any court or relevant authority decides that any of them are
unlawful or unenforceable, the remaining paragraphs will remain in
full force and effect.
16.4
Even if we delay in enforcing this contract, we can still enforce it
later. If we fail to insist that you perform any of your obligations
under these Terms, or if we do not enforce our rights against you, or
if we delay in doing so, that will not mean that we have waived our
rights against you and will not mean that you do not have to comply
with those obligations. If we do waive a default by you, we will only
do so in writing, and that will not mean that we will automatically
waive any later default by you.
16.5
We will try to resolve any disputes with you quickly and efficiently.
If you are unhappy with the Products, our service to you, or any other
matter, please contact us as soon as possible using one of the contact
methods set out in clause 2 (How to contact us). If you and we cannot
resolve a dispute using our internal complaint handling procedure, we
will let you know that we cannot settle the dispute with you; and give
you certain information required by law about resolving disputes
through alternative dispute resolution, which is a process where an
independent body considers the facts of a dispute and seeks to resolve
it, without you having to go to court.
16.6
These Terms are governed by English law and you can bring legal
proceedings in respect of the Products in the English courts. However
this provision will not have the effect of depriving you of the
protection afforded to you by mandatory provisions of the applicable
laws regulating the choice of the governing law and/or jurisdiction in
consumer contracts. For example, if you live in Scotland, you can
bring legal proceedings in either the Scottish or the English courts
and if you live in Northern Ireland, you can bring legal proceedings
in either the Northern Irish or the English courts.
GIFT VOUCHERS
17.1 Voucher Redemption
Gift vouchers can only be redeemed on Freddie’s Flowers website or via the phone as full or partial payment for products.
17.2 Expiry Date
All gift vouchers are valid for 12 months from the date of issue. After this period, any unused balance will be forfeited and cannot be refunded or exchanged.
17.3 Non-Cash Exchange
Gift vouchers cannot be exchanged for cash or used to purchase other gift vouchers. They are only redeemable for products sold on Freddie’s Flowers website.
17.4 Non-Applied Promotions
Promotions, discounts, or credits available on the site do not apply when purchasing gift vouchers.
17.5 Balance Usage
If the total cost of the purchase exceeds the balance of the gift voucher, the remaining amount must be paid using an accepted payment method. If the total cost is less than the voucher value, the remaining balance will be stored on the card for future use. Credit balances must be used within the 12-month period.
17.6 Currency Restriction
Gift vouchers must be redeemed in the same currency as the voucher was issued.
17.7 Refunds and Returns
If an order purchased with a gift voucher is returned, any eligible refund will be issued as a credit back to the gift voucher. Cash refunds will not be provided under any circumstances.
17.8 Lost or Stolen Vouchers
Freddie’s Flowers is not responsible for lost, stolen, or unauthorised use of gift vouchers. No replacement vouchers will be issued if the original is lost or stolen.
17.9 Transferability
Gift vouchers are transferable and can be used by anyone who has the code, but they cannot be re-sold or transferred for cash.
17.10 Fraud Prevention
Gift vouchers can only be redeemed on Freddie’s Flowers website or via the phone as full or partial payment for products.
17.11 No Refunds for Voucher Purchases
Gift vouchers are non-refundable once purchased and cannot be exchanged for cash, even if unused.
17.12 Cancellation
Freddie’s Flowers reserves the right to cancel any gift voucher if it deems the voucher has been used in breach of these terms and conditions
