Terms and Conditions
Orders are processed by Forget-Me-Not Florists and correspondence regarding order should be made to email@example.com.
For added security your credit card details are never taken by our server and never stored on our server. They will be taken securely by PayPal, whose payment process employs standard SSL (Secure Sockets Layer) technology to ensure that your online transaction is secure. Your credit card details are encrypted for travel over the Internet, ensuring that it is unreadable by anyone else, which means a higher level of security and peace of mind for customers who would like to order over the internet.
If your chosen item is out of stock we contact you by e-mail and advise you of earliest availability. All our goods are dispatched by our own courier and delivered locally on the date you select.
Delivery Service is not available during public or bank holidays.
We cover the cost of insurance in full until you receive the goods. Please contact us within 24 hours of receipt if there are any breakages. Damaged/ faulty goods must be returned within 5 working days.
5. Errors in Information
We endeavour to provide correct information at all times, however, mistakes may occur and we can only be as good as the information given to us by the manufacturer. Should there be an error, Forget-Me-Not Florists can take no responsibility for the consequent circumstances beyond rectifying the error. We try to show colours as accurately as our system allows. If matching a colour exactly please contact us as we may be able to provide samples.
6. Refund & Return Policy
Refunds will be given for faulty or damaged goods.
Refunds for purchases made by credit card will be issued as a credit to that same account after inspection of returned products.
Refunds for purchases made by cheque/postal order will be paid by refund cheque after inspection of returned products.
7. Terms and Conditions of Sale
Forget-Me-Not Florists will accept orders for goods on the Conditions set out below. These Conditions cannot be varied unless agreed in writing by a director of Forget-Me-Not Florists.
1.1 In these Conditions the following words shall have the meanings set opposite them:
"Carrier" means and (unless the context requires otherwise) includes the carriers servants agents and any person or persons carrying Goods on our behalf under any contract of carriage.
"Charges" means our charges for supplying the Goods. "Confirmation of Order" means when we confirm our acceptance of your Order orally or in writing (whether electronically or otherwise) or when we effect Delivery, whichever occurs first.
"Contract" the contract made between you and us for the purchase of Goods incorporating these Conditions.
"Delivery" means our delivery of the Goods to the address you have stipulated in the Order or our notifying you that the Goods are available for collection.
"Goods" means the article(s) that we agree to supply to you pursuant to an Order.
"Order" means your request for us to supply you with Goods in consideration of the Charges, which you make by either completing an online order or otherwise requesting the Goods that you require.
"We", "us" "our" means Forget-Me-Not Florists.
"You", "your" means the person, organisation or company that places an Order with us.
2.1 Any Order you place will constitute an offer capable of acceptance by us. We will not be obliged to accept an Order and we reserve the right to refuse an Order without giving any reason.
2.2 You may cancel an Order at any time until Confirmation of Order except that you may not at any time cancel any Order for Goods that are customised to meet your particular requirements.
2.3 Each order if accepted by us shall constitute a separate severable contract.
2.4 Should you cancel the Order for Goods for any reason not notwithstanding 8.1 8.2 and 8.3 we reserve the right to charge a "restocking fee" which will be an amount equivalent to 25% of the price payable by you and all delivery and collection costs.
3.1 Unless expressed otherwise, our Charges shall exclude delivery charges. VAT is included at 21.5% where applicable.
3.2 We reserve the right to increase the Charges at any time on notice to you if for any reason the price of the Goods increases between the Confirmation of Order and Delivery.
3.3 We reserve the right to ask you to pay the Charges in advance of Delivery in any event.
4.1 All Goods will be subject to availability and we reserve the right to modify the Goods at any time or substitute them with goods of equivalent functionality without notice.
5.1 Any indication we may give as to the time of Delivery will be a good faith estimate only. Whilst we will use all reasonable endeavours to effect Delivery at the time we have estimated, time of Delivery is not of the essence.
5.2 If it is not possible for us to effect Delivery for whatever reason including but not limited to your being away or your premises being inaccessible, you will be liable to pay us an additional sum to cover our storage and administration charges.
5.3 We reserve the right to effect Delivery by installment in which case each installment will be a separate Contract.
5.4 Subject to clause 2.2 above, should you wish to cancel or reschedule any Order, you agree to give us as much notice (in writing) as is reasonably practicable and agree to pay our storage and administration charges in addition to the Charges.
5.5 Subject to the other provisions in these Conditions, we will not be liable to you for any loss (including but not limited to loss of profit) costs, damages, and charges, expenses caused directly or indirectly by a delay in Delivery (even if caused by our negligence).
6. Title and Risk
6.1 Risk of damage to or loss of Goods shall pass to you on Delivery.
6.2 Notwithstanding Delivery and the passing of risk in the Goods, title in the Goods shall, subject to clause 9, not pass to you until we have received payment of the Charges in full by cash or cleared funds payment for all Goods that we have agreed to sell to you pursuant to a Confirmation of Order.
6.3 Until such time as the title in the Goods passes to you, you will hold the Goods as a bailee and keep the Goods separately from any other goods belonging to you or any third party and properly stored, protected and insured and identified as our property.
6.4 Until such time as title in the Goods passes to you, we may at any time require you to deliver up the Goods to us and, if you fail to do so, enter any premises where the Goods are stored to repossess the Goods.
7.1 We warrant that (subject to the other provisions in these Conditions) the Goods will be of satisfactory quality.
7.2 As we are not the manufacturer of the Goods, all warranties, conditions and other terms implied by statute or common law (except as to title) are, subject to 7.1 above, expressly excluded. However, we will endeavour to pass on to you the benefit of any warranty or guarantee given by the Manufacturer in respect of the Goods.
8. Force Majeure
8.1 We will not be liable for any failure to effect Delivery of the whole or part of any Order due to an event beyond our reasonable control. If Delivery is delayed due to an event beyond our reasonable control, we will notify you promptly of the reason for such a delay and you agree to give us such an extension to effect Delivery as is reasonable in the circumstances.
9.1 We may assign and/or sub-contract any Contract at any time on notice to you.
9.2 You may not assign, charge or transfer any of your rights or obligations under any Contract without our prior written consent.
10. Suspension and Termination
10.1 We may, in our absolute discretion, suspend any Delivery and / or terminate any Contract immediately on notice to you if:
10.1.1 You pass a resolution for winding up (except for amalgamation or reconstruction of a solvent company) or if a court makes an order to that effect or if you have a receiver or administrator appointed over all or any of your assets or business, or if you cease or threaten to cease to carry on business.
10.1.2 You are in material breach of any of these Conditions.12.1.3 We are unable to effect Delivery due to an event beyond our reasonable control.
10.2 Termination of any Contract between us shall not affect your liability to pay us (without deduction or set off) such Charges as are due for Goods for which we have effected Delivery. If on termination of any Contract, we owe you any sums, we reserve the right to set off against such sums any outstanding Charges as you owe us.
11. Limitations of Liability
11.1 Our liability for death or personal injury as a result of our negligence or the negligence of our employees shall not be limited.
11.2 Our total liability to you for a breach of the Conditions or for negligence in the course of supplying Goods to you shall be limited to the repair or replacement of any Goods giving rise to your claim or at our option an amount equivalent to the Charges (or proportion of the Charges) that you have paid us for Goods giving rise to your claim.
11.3 Except as set out in clause 13.1 and 13.2 above, we will not be liable for the following loss or damage howsoever caused even if it foreseeable by us: loss of profits, business, revenue, goodwill, anticipated savings, whether sustained by you or third party and/or special, indirect or consequential loss (other than direct physical damage to your tangible property) whether suffered by you or another third party.
12.1 We operate a computerised information service, which enables our customers to have access to data concerning the Goods that we supply. The supply to you of any such data and information is subject to you entering into a separate Data Licence Agreement with us. A draft copy of such Agreement will be supplied to you on request.
13.1 These Conditions constitute the entire agreement between you and us in respect of the Goods and supersede any earlier arrangements, understandings, promises or agreements made between the parties in respect of the Goods.
13.2 You acknowledge that in instructing us to supply the Goods, you do not do so on the basis of any representation, warranty or any provision not expressly contained within these Conditions.
13.3 Any failure by us to enforce a breach of the Conditions by you shall not be deemed to be a waiver of any subsequent breach of these Conditions that you may make.
13.4 If at any time any one or more of these Conditions are held to be unenforceable, illegal or otherwise invalid in any respect, such enforceability, illegality or invalidity shall not affect the remaining Conditions, which shall continue in full force and effect.
13.5 Nothing in this Agreement shall create or be deemed to create a partnership or joint venture between us and you or the relationship of principal and agent or employer and employee.
13.6 These Conditions shall be governed exclusively by Irish law and you and we agree to submit exclusively to the jurisdiction of the Irish courts.
13.7 You and we agree that no third party shall be afforded any rights under these Conditions.