TERMS OF SALE
1.1 In these Terms:
“BUYER” means the person who accepts the Seller’s Written quotation for the sale of the Goods or whose Written order for the Goods is accepted by the Seller;
“GOODS” means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Terms;
“SELLER” means Flowers By Flourish Ltd (registered under number 57979767);
“CONTRACT” means the contract for the sale and purchase of the Goods;
“INCOTERMS” means the international rules for the interpretation of trade terms of the International Chamber of Commerce as in force at the date when the Contract is made;
“TERMS” means the standard terms of sale set out in this document and (unless the context otherwise requires) includes any special terms agreed in Writing between the Buyer and the Seller;
“WRITING”, and any similar expression, includes letter, facsimile transmission and electronic mail or other forms of electronic communication.
1.2 A reference in these Terms to a provision of a statute shall be construed as a reference to that provision as amended, re enacted or extended at the relevant time.
1.3 The headings in these Terms are for convenience only and shall not affect their interpretation.
2 Basis of the sale
2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with the Seller’s Written quotation (if accepted by the Buyer), or the Buyer’s Written order (if accepted by the Seller), subject in either case to these Terms, which shall govern the Contract to the exclusion of any other terms subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.
2.2 No variation to these Terms shall be binding unless agreed in Writing between the authorised representatives of the Buyer and the Seller.
2.3 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed, but nothing in these Terms affects the liability of either party for fraudulent misrepresentation.
2.4 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer’s own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
3 Orders and specifications
3.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller’s authorised representative.
3.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
3.3 The quantity, quality and description of the Goods and any specification for them shall be as set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller).
3.4 If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with, or paid or agreed to be paid by the Seller in settlement of, any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller’s use of the Buyer’s specification.
3.5 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or E.U. requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.
3.6 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.
4 Price of the goods
4.1 The price of the Goods shall be the Seller’s quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Seller’s published price list current at the date of acceptance of the order. Where the Goods are supplied for export from the United Kingdom, the Seller’s published export price list shall apply. All prices quoted are valid for 30 days only or until earlier acceptance by the Buyer, after which time they may be altered by the Seller without giving notice to the Buyer.
4.2 The Seller reserves the right, by giving Written notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
4.3 The Seller’s written quotation and any price list of the Seller will state whether the price quoted includes delivery, packaging and insurance or whether the delivery, packaging and insurance is additional and if so the cost thereof and where the Seller agrees to deliver the Goods otherwise than to the premises originally agreed the Buyer shall be liable to pay the Sellers additional charges (if any).
4.4 The price is exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay to the Seller.
4.5 The cost of pallets and returnable containers will be charged to the Buyer in addition to the price of the Goods, but full credit will be given to the Buyer provided they are returned undamaged to the Seller before the due payment date.
5 Terms of payment
5.1 Subject to any special terms agreed in Writing between the Buyer and the Seller, the Seller may invoice the Buyer calendar monthly for the price of the Goods to be delivered at regular intervals during that calendar month in accordance with industry practice on or at any time after the commencement of the calendar month to which the invoice relates and in advance of the delivery of the Goods invoiced, unless either the Goods are to be collected by the Buyer in which event the Seller shall be entitled to invoice the Buyer for the price at any time after the Seller has notified the Buyer that the Goods are ready for collection or the Goods are to be sent to recipients on behalf of the Buyer in which event the Seller shall be entitled to invoice the Buyer for those Goods at the end of the calendar month in which those Goods were ordered which may or may not be before those Goods have been delivered by the Seller.
A Buyer who pays for Goods via credit or debit card before or after delivery will thereafter receive a receipted written invoice and statement by the Seller. Goods will only be delivered by the Seller or be collected by the Buyer after payment has been effected
5.2 Save for where payment has been made in advance the Buyer shall pay the price of the Goods (less any discount to which the Buyer is entitled, but without any other deduction) within 30 days of the date of the Seller’s invoice, and the Seller shall be entitled to recover the price, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
5.3 If the Buyer fails to make any payment on the due date then, without limiting any other right or remedy available to the Seller, the Seller may:
5.3.1 cancel the contract or suspend any further deliveries to the Buyer;
5.3.2 appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and
5.3.3 charge the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate of 8% per cent per annum above HSBC Bank base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
6.1 Delivery of the Goods shall be made by the Seller delivering the Goods to the location agreed from time to time between the parties or if it has been agreed that the goods are not to be delivered by the Seller to the Buyer, by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection .
6.2 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in Writing. The Goods may be delivered by the Seller in advance of the quoted delivery date on giving reasonable notice to the Buyer.
6.3 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Terms or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
6.4 If the Seller fails to deliver the Goods (or any instalment) for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault, and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
6.6 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, without limiting any other right or remedy available to the Seller, the Seller may:
6.6.1 store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
6.6.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
7.0 Cut off Times – So customers are aware, we felt it was important to explain our delivery function.
We have four methods of delivery:
1 ROYAL MAIL – This is our free delivery service. Please place your orders by 5.00pm on the day of dispatch to use this service.
2 TRACKED DELIVERY – Place your orders by 4.30pm on the day of dispatch to use this service. This is very important if you wish to use our next day by 12.00 service. If you order after the cut off time we will not be able to deliver your flowers using our courier service.
3 OUR OWN VANS – We deliver many of our central London orders ourselves during the working day.
4 TRANSFER – For last minute orders nationwide we are able to transfer your orders to local florists using a telephone transfer system.
So if you would like to make sure of your delivery slot, we advise plenty of notice when placing your order. Orders received after 5pm may not be dispatched until the following day.
7 Risk and property
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer:
7.1.1 in the case of Goods to be delivered at the Seller’s premises, at the time when the Seller notifies the Buyer that the Goods are available for collection; or
7.1.2 in the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery in accordance with Terms agreed between the parties or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property, but the Buyer may resell or use the Goods in the ordinary course of its business.
7.4 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller may at any time require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, enter on any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
7.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without limiting any other right or remedy of the Seller) forthwith become due and payable.
8 Warranties and liability
8.1 Subject to the following provisions the Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for the period agreed between the parties from time to time or in the absence of agreement for the period stated by the Seller such period starting to run from the date of their initial delivery.
8.2 The above warranty is given by the Seller subject to the following conditions:
8.2.1 the Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer;
8.2.2 the Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in Writing), misuse or alteration or repair of the Goods without the Seller’s approval;
8.2.3 the Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment;
8.2.4 the above warranty does not extend to parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.
8.3 Subject as expressly provided in these Terms, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
8.4 the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Terms.
8.5 A claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within seven days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
8.6 Where a valid claim in respect of any of the Goods which is based on a defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Terms, the Seller may replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), in which case the Seller shall have no further liability to the Buyer.
8.7 Except in respect of death or personal injury caused by the Seller’s negligence, or liability for defective products under the Consumer Protection Act 1987, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods in accordance with the Contract or at all) or their use or resale by the Buyer, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Terms.
8.8 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:
8.8.1 Act of God, explosion, flood, tempest, fire, frost or accident
8.8.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
8.8.3 acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
8.8.4 import or export regulations or embargoes;
8.8.5 strikes, lock outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
8.8.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery;
8.8.7 power failure or breakdown in machinery.
8.9 All floral products are subject to availability. In the event of any supply difficulties or lack of stock of certain varieties of flowers, we reserve the right to substitute any product with an alternate product of a similar style and equivalent (or greater) value and quality.
9.1 If a claim is made against the Buyer that the Goods infringe or that their use or resale infringes the patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person, then unless the claim arises from the use of a drawing, design or specification supplied by the Buyer, the Seller shall indemnify the Buyer against all loss, damages, costs and expenses awarded against or incurred by the Buyer in connection with the claim, or paid or agreed to be paid by the Buyer in settlement of the claim, provided that:
9.1.1 the Seller is given full control of any proceedings or negotiations in connection with the claim;
9.1.2 the Buyer shall give the Seller all reasonable assistance for the purposes of any such proceedings or negotiations;
9.1.3 except pursuant to a final award, the Buyer shall not pay or accept the claim, or compromise any such proceedings without the consent of the Seller (which shall not be unreasonably withheld);
9.1.4 the Buyer shall do nothing which would or might vitiate any policy of insurance or insurance cover which the Buyer may have in relation to such infringement, and this indemnity shall not apply to the extent that the Buyer recovers any sums under any such policy or cover (which the Buyer shall use its best endeavours to do);
9.1.5 the Seller shall be entitled to the benefit of, and the Buyer shall accordingly account to the Seller for, all damages and costs (if any) awarded in favour of the Buyer which are payable by, or agreed with the consent of the Buyer (which consent shall not be unreasonably withheld) to be paid by, any other party in respect of any such claim; and
9.1.6 without limiting any duty of the Buyer at common law, the Seller may require the Buyer to take such steps as the Seller may reasonably require to mitigate or reduce any such loss, damages, costs or expenses for which the Seller is liable to indemnify the Buyer under this clause.
10 Insolvency of Buyer
10.1 This clause 10 applies if:
10.1.1 the Buyer makes a composition or voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) enters administration or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction), or a moratorium comes into force in respect of the Buyer (within the meaning of the Insolvency Act 1986); or
10.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
10.1.3 the Buyer ceases, or threatens to cease, to carry on business; or
10.1.4 the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
10.2 If this clause applies then, without limiting any other right or remedy available to the Seller, the Seller may cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
11 Notice Period for Business Account Customers
If this agreement is intended to cover more than a single transaction, for customers who commit to pay weekly, fortnightly or monthly in arrears via our “Business Account” payment facility, this agreement shall continue on a periodic basis and can be terminated by either party serving on the other six months notice in writing.
11.1 Notice Period for Credit / Debit Card & Pay Pal Customers
11.1.1 If this agreement is intended to cover more than a single transaction, for customers who commit to pay monthly via our credit or debit card or Pay Pal payment facility, this agreement shall continue on a periodic basis and can be terminated by either party serving on the other one months notice in writing.
11.1.2 If this agreement is intended to cover more than a single transaction, for customers who commit to pay fortnightly via our credit or debit card or Pay Pal payment facility, this agreement shall continue on a periodic basis and can be terminated by either party serving on the other two weeks notice in writing.
11.1.3 If this agreement is intended to cover more than a single transaction, for customers who commit to pay weekly via our credit or debit card or Pay Pal payment facility, this agreement shall continue on a periodic basis and can be terminated by either party serving on the other seven days notice in writing.
11.2 COVID-19 – CORONAVIRUS POSTPONEMENT TERMS – CLAUSE ADDED ON 16/03/2020
11.2.1 Business Account customers who wish to postpone their regular deliveries may do so but with the following caveat: We will postpone your orders as instructed but will continue to invoice you whilst your office is on shut down as we have to protect our business during this uncertain period.
11.2.2 Once you return to work we will supply extra flowers each week until the difference is equalised, at which point we will then revert back to the normal weekly amount per delivery. We have also developed alternative ways for customers to use up their flower credits which can be seen below.
11.2.3 So for example, you shut your office for 4 weeks, your vase is worth £50.00 per week – we will supply you a £70 vase for 10 weeks on your return or a £60 vase for 20 weeks.
- Flowers By Flourish Ltd send the value of your weekly delivery as bouquets to staff or clients and then continue to supply weekly flowers once you return to the office.
- We agree to furlough the contract to a value of 25% per invoice until you return to the office and we can begin to supply flowers once again. You agree to pay the new furloughed invoices within 7 days of receipt.
- We agree to terminate the contract immediately – You agree to pay for your April May & June invoices immediately.
- Flowers By Flourish Ltd agree to roll over your flower credits which you will continue to build up whilst you are away from the office and we will supply the value of your flower credits in the form of larger weekly vases or extra weekly vases until the flower credits are used up. You will continue to pay for your invoices on time.
- Flowers By Flourish Ltd accept a backdated notice period to commence from 1st April 2020. You will pay for your invoices on time and we will deliver the flowers due once you return to the office.
11.3 COVID-19 – CORONAVIRUS CHRISTMAS TREE CANCELLATION POLICY
- If we are unable to install and decorate your Decorated Christmas tree(s) due to any Covid-19 related reason between November 23rd 2020 and 18th December 2020, we will refund all installation costs apart from the charge for the tree(s) themselves.
- We will aim to collect Christmas trees between 29th December 2020 and 8th January 2021. If we are unable to collect your tree(s) due to any Covid-19 related reason, we will return to your office to collect your tree(s) when it is safe to do so.
12.1 A notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
12.2 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
12.3 If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.
12.4 Any dispute arising under or in connection with the Contract or the sale of the Goods shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President for the time being of the Law Society
12.5 The Contract shall be governed by the laws of England, and the Buyer agrees to submit to the non exclusive jurisdiction of the English courts.
13 Discount Codes
13.1 All subscription discount codes are subject to our minimum orders (detailed below).
13.1.1 AVAILABLE SUBSCRIPTION DISCOUNT CODES:
FIRST4: Entitles users to a 50% discount on the following – Your first 4 weekly deliveries, your first 2 fortnightly deliveries and the first of your monthly deliveries.
FORT: Entitles users to a 50% discount on the following – Your first 2 fortnightly deliveries.
MONTH: Entitles users to a 50% discount on the following – The first of your monthly deliveries.
13.2 We offer our discount codes in good faith and as a result require the following minimum number of orders per discount usage per user before cancellation:
WEEKLY DISCOUNT CODE “FIRST4” – Minimum 13 DELIVERIES
FORTNIGHTLY DISCOUNT CODE “FIRST4” – Minimum 6 DELIVERIES
FORTNIGHTLY DISCOUNT CODE “FORT” – Minimum 6 DELIVERIES
MONTHLY DISCOUNT CODE “FIRST4” – Minimum 3 DELIVERIES
MONTHLY DISCOUNT CODE “MONTH” – Minimum 3 DELIVERIES
13.2.1 FIRST4 FLEXIBLE USE DISCOUNT CODE: This code may be used for weekly, fortnightly and monthly deliveries.
13.3 If a customer cancels their subscription before they have paid for the minimum number of deliveries as per their respective offer codes then Flowers by Flourish Ltd will recoup the full amount of the discount retrospectively in addition to £10 cancellation charge. If a customer has only had one discounted delivery and then cancels, we will recoup the discount applied to that delivery and a £10 cancellation charge. If there have been 2 deliveries then we will recoup 2 discounts and apply a single £10 cancellation charge. If there have been 3 deliveries then we will recoup 3 discounts and apply a single £10 cancellation charge. If there have been 4 deliveries we will recoup 4 discounts and apply a single £10 cancellation charge.
14 HOME SUBSCRIPTION CANCELLATION POLICY
14.1. Flowers by Flourish Ltd supply ongoing weekly, fortnightly & monthly flower subscriptions.
14.2. Customers who order 3, 6, 9 or 12 months of flowers and wish to cancel their subscription duration after their initial commitment may do so by contacting our office by telephone on 020 7701 4272 by email on firstname.lastname@example.org or via their “My Account” area on our website.
14.3. All subscription discount codes are subject to our minimum orders terms & conditions.
14.4. Our Home flower Subscriptions are subject to a minimum Notice Period of 7 days prior to cancellation.
14.5. Contact us by phone or email – 020 7701 4272 or email@example.com to pause or change your subscription at any time.
CUSTOMER AND RECIPIENT PERSONAL INFORMATION
To ensure that we can communicate effectively with both customers and recipients, it is very important that you provide accurate personal information.
During the checkout process, we ask for the following personal information:
Customer’s email address We use this information to provide a better customer experience by sending order confirmations, substitution information, dispatch confirmations and delivery confirmations. We will also use the customer’s email for marketing communications from time to time. Please ensure that email addresses are accurate.
Customer’s full name and address We use this information for credit and debit card validation.
Customer’s telephone number We use this information to contact customers in the event of problems with the order such as payment failures or delivery issues.
Recipient’s full name and address We require this information in order to deliver the flowers you have ordered. It is vital that the recipient’s address is accurate. We will also use the recipient’s name and address for marketing communications from time to time.
1. WHAT WE COLLECT
We may collect the following information: a) Name, b) Contact information including email address and, in some instances, telephone number, c) Demographic information such as postcode, preferences and interests, d) Other information relevant to customer surveys and/or offers or competitions e) Facebook user id if you created an account with Flowers by Flourish using Facebook, f) recipient names, addresses and related occasions where you have either sent a bouquet to such recipient or saved such details in your account, g) IP address h) information connected with reviews you leave on our website or app i) your marketing communication preferences j) details of the device with which you transacted with us h) your purchase history with us i) your browsing history on our website or app.
To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information, from third party service providers and/or partners, and combine it with information we have about you in order to improve the service and marketing that you receive from Flowers by Flourish.
2. WHAT WE DO WITH THE INFORMATION WE GATHER
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Where the information is necessary for the adequate performance of the contract between you and us for us to provide our services
For customer service and resolution purposes
Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided and we may personalise such content based on what we believe may be of interest to you.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone or mail.
We may use the information to customise the website or app according to your interests.
We may use the information to send you relevant, personalised communications by post in relation to updates, offers, services and products. We’ll do this on the basis of our legitimate business interest. You are free to opt out of hearing from us by post at any time by writing to or emailing us at info@Flowers by Flourish.com.
We may use the information for the purposes of fraud detection and prevention and enhancing safety on our website and app.
We have a legitimate interest in obtaining and using the information as set out above in being able to provide and improve the service and marketing that you receive from Flowers by Flourish. You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications or changing your notification settings within your Account.
3. WHO WE SHARE YOUR INFORMATION WITH
In order to provide our services, we may need to provide your information to our trusted third party partners, for example:
Our supply and fulfilment partners in order to ensure we can process and complete your order;
Our marketing partners in order to offer you services and products that may be of interest to you;
Our technology partners to ensure we can provide a safe and secure site and improve the performance and relevance of our site to you;
Our customer service platform providers so you can interact with our customer service team;
Our professional services partners in order to comply with our legal obligations;
We will cooperate with all third parties to enforce their intellectual property or other rights. We will also cooperate with law enforcement requests from within or outside your country of residence;
Where you have consented to such, our competition and brand partners
From time to time, we may need to transfer your data to trusted third party partners in countries outside of the EU in order to complete the activities listed above. In such an event, we will ensure that those third party partners comply with all relevant data protection legislation in force in the EU from time to time.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website and app in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website and app, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website and app. The ICO provide an extensive explanation of the ways that you can block cookies, please visit https://ico.org.uk/for-the-public/online/cookies/ for more information on how to block cookies.
Specific cookies that may be used on our site include. The table below lists the cookies we collect and what information they store.
Cookies are small text files that can be used by websites to make a user’s experience more efficient.
The law states that we can store cookies on your device if they are strictly necessary for the operation of this site. For all other types of cookies we need your permission.
This site uses different types of cookies. Some cookies are placed by third party services that appear on our pages.
You can at any time change or withdraw your consent from the Cookie Declaration on our website.
Your consent applies to the following domains: FlowersbyFlourish.com
Cookie declaration last updated on 20/05/2018
Necessary cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies.
|CookieConsent||flowersbyflourish.com||Stores the user’s cookie consent state for the current domain||1 year||HTTP Cookie|
|csrftoken||instagram.com||Helps prevent Cross-Site Request Forgery (CSRF) attacks.||1 year||HTTP Cookie|
|JSESSIONID||nr-data.net||Preserves users states across page requests.||Session||HTTP Cookie|
|PHPSESSID||flowersbyflourish.com||Preserves user session state across page requests.||Session||HTTP Cookie|
|wordpress_test_cookie||flowersbyflourish.com||Used to check if the user’s browser supports cookies.||Session||HTTP Cookie|
Statistic cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously.
|_ga||flowersbyflourish.com||Registers a unique ID that is used to generate statistical data on how the visitor uses the website.||2 years||HTTP Cookie|
|_gat||flowersbyflourish.com||Used by Google Analytics to throttle request rate||Session||HTTP Cookie|
|_gid||flowersbyflourish.com||Registers a unique ID that is used to generate statistical data on how the visitor uses the website.||Session||HTTP Cookie|
Marketing cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers.
|_hjIncludedInSample||flowersbyflourish.com||Determines if the user’s navigation should be registered in a certain statistical place holder.||Session||HTTP Cookie|
|collect||google-analytics.com||Used to send data to Google Analytics about the visitor’s device and behaviour. Tracks the visitor across devices and marketing channels.||Session||Pixel Tracker|
|fr||facebook.com||Used by Facebook to deliver a series of advertisement products such as real time bidding from third party advertisers.||3 months||HTTP Cookie|
|GPS||youtube.com||Registers a unique ID on mobile devices to enable tracking based on geographical GPS location.||Session||HTTP Cookie|
|IDE||doubleclick.net||Used by Google DoubleClick to register and report the website user’s actions after viewing or clicking one of the advertiser’s ads with the purpose of measuring the efficacy of an ad and to present targeted ads to the user.||1 year||HTTP Cookie|
|impression.php/#||facebook.com||Used by Facebook to register impressions on pages with the Facebook login button.||Session||Pixel Tracker|
|mid||instagram.com||Unclassified||20 years||HTTP Cookie|
|PREF||youtube.com||Registers a unique ID that is used by Google to keep statistics of how the visitor uses YouTube videos across different websites.||8 months||HTTP Cookie|
|test_cookie||doubleclick.net||Used to check if the user’s browser supports cookies.||Session||HTTP Cookie|
|VISITOR_INFO1_LIVE||youtube.com||Tries to estimate the users’ bandwidth on pages with integrated YouTube videos.||179 days||HTTP Cookie|
|YSC||youtube.com||Registers a unique ID to keep statistics of what videos from YouTube the user has seen.||Session||HTTP Cookie|
Adroll – adroll cookie
Pixalate – tracking cookie
Google – Google cookies
Bidswitch – Bidswitch cookies
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
|__distillery||flowersbyflourish.com||Unclassified||1 year||HTTP Cookie|
|_gaexp||flowersbyflourish.com||Unclassified||3 months||HTTP Cookie|
|_gu||flowersbyflourish.com||Unclassified||1 year||HTTP Cookie|
|_gw||flowersbyflourish.com||Unclassified||1 year||HTTP Cookie|
|loglevel||flowersbyflourish.com||Unclassified||Persistent||HTML Local Storage|
|muxData||flowersbyflourish.com||Unclassified||20 years||HTTP Cookie|
|wc_cart_hash||flowersbyflourish.com||Unclassified||Session||HTML Local Storage|
|wc_fragments||flowersbyflourish.com||Unclassified||Session||HTML Local Storage|
|wistia||flowersbyflourish.com||Unclassified||Persistent||HTML Local Storage|
Please note that if you wish to share a product on a third-party website (such as Facebook, Twitter etc) you may be sent cookies from these websites. We don’t control the setting of these cookies, so we suggest you check the third-party websites for more information about their cookies and how to manage them.
6. LINKS TO OTHER WEBSITES
Our website and app may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
7. CONTROLLING YOUR PERSONAL INFORMATION
You may exercise any of the rights described in this section by sending an email to info@FlowersbyFlourish.com. Please note that we will ask you to verify your identity before taking further action on your request. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Managing Your Information. You may access and update some of your information through your Account settings.
Rectification of Inaccurate or Incomplete Information. You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your Account).
Data Access and Portability. You have the right to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
Data Retention and Erasure. We generally retain your personal information for a period of six years after your last active use of our website or app (in line with our legal obligation to keep order information for this duration for tax, legal reporting and auditing obligations). If you no longer want us to keep your information, you can request that we erase your personal information and close your Flowers by Flourish Account. Please note that if you request the erasure of your personal information:
a. We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend a Flowers by Flourish Account for fraud or safety reasons, we may retain certain information from that Account to prevent that user from opening a new Flowers by Flourish Account in the future.
b. We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, we may keep some of your information for tax, legal reporting and auditing obligations.
c. Additionally, some copies of your information (e.g. log records) may remain in our database, but are disassociated from personal identifiers.
Withdrawing Consent and Restriction of Processing. Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you. Where you have provided your consent to the processing of your personal information by Flowers by Flourish you may withdraw your consent at any time by by sending a communication to Flowers by Flourish specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, you have the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing pursuant to paragraph 7.7 and pending the verification whether the legitimate grounds of Flowers by Flourish override your own.
Objection to Processing and Profiling. You are entitled to require Flowers by Flourish not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing Flowers by Flourish will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.
Data Security. The security of our your data is very important to us. With this in mind we will take all appropriate steps to protect your data and will treat it with the utmost care and attention. We use ‘https’ technology to secure access to all areas of our websites and apps. Access to your personal data is password-protected, and sensitive data such as payment card information is held securely by our 3rd party payment providers, and tokenised to ensure it is protected. We ensure that our systems are regularly monitored for possible vulnerabilities and attacks.
Lodging Complaints. You have the right to lodge complaints about the data processing activities carried out by Flowers by Flourish before the Information Commissioner’s Office. In the UK, please read: https://ico.org.uk/for-the-public/raising-concerns/ for details of how to do this. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at info@FlowersbyFlourish.com.
We will not sell, distribute or lease your personal information to third parties unless we have your permission, are required by law to do so or it is required for the provision of our services as detailed above. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.