Terms and conditions
Terms & Conditions for customers signed up before 17th November 2022
Our flower boxes are £25 each, unless you’ve used an offer code with a discount, or ordered a one-off gift box for £28. Each delivery will also have a £4 delivery charge.
If we believe you’re using the codes to simply receive endless free flowers, we reserve the right to close any account.
As with other offers, £25 shop vouchers are active for 3 months from the date of issue, unless otherwise specified.
All offer codes are active for 3 months from the date of issue, unless otherwise specified.
Payment for these deliveries is taken in full at point of ordering. Freddie’s Flowers will fulfil the gifts as per the order. If you ever want to make a change or request a refund, it must be done by midday, two days before the first delivery day. For gift subscriptions, it won’t be possible to offer refunds on undelivered boxes, once the cut off for the first box has passed.
Terms & Conditions (“Terms”)
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.
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 James Cowper Kreston, The White Building, 1-4 Cumberland Place, Southampton, Hampshire, England, SO15 2NP. Our VAT number is 209405916.
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.
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).
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.
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.
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.
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.
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.
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.
10.1 Our referral programs. We provide a referral program after you sign up to our Regular Flower Delivery Service where we give you 25% off your next four deliveries when you recommend us to your friend who successfully subscribes to our Regular Flower Delivery Service. Your friend may be offered discounts or vouchers or other incentives at our discretion once they have subscribed to our Regular Flower Delivery Service. We may from time to time also add other refer a friend code vouchers in the flower delivery box you receive. However, these refer a friend codes do not give you any reward or discounts, but your referred friend may be offered incentives (such as discounts or vouchers) if they subscribe to our Regular Flower Delivery Service. Further details of the referral program will be set out on the relevant page on the Website or on the voucher in your delivery box (if any). This clause 10 applies to all such programs in addition to the specific referral program terms set out on our Website.
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 one Voucher for 25% off your next four deliveries per successful referral in that 30 day period (up to a maximum of four Shop Vouchers). Your 25% off your next four deliveries Voucher will be applied to your Account for you to use in our Shop alongside a flower delivery once your referred friend has successfully subscribed to Our Regular Flower Delivery Service.
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.
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)).
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.
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).
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.
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.
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.
