By placing an order, you are bound to the terms and conditions in this agreement.
THE PERFECT GIFT or ONE-OFF ORDER
1.1 Order Acceptance Policy
All orders are subject to acceptance by 89 Petals and we reserve the right to reject any order without giving reasons. In the event of rejection, we will refund or cancel any payment.
You will be asked to select the delivery date. All reasonable efforts will be made to ensure delivery on this date. If we cannot reasonably deliver your order on the delivery date required, we will not accept the order. Free next day delivery is offered for orders accepted by 2pm GMT.
1.3 Changing or cancelling your order
All one-off orders can be changed or cancelled by sending us an email to firstname.lastname@example.org two days before delivery date. We'll always do our best to make last-minute changes for you, but we can only guarantee changes made two days before delivery. If these deadlines are met, a full refund will be issued. You are responsible for entering correct information - especially delivery addresses at all times. 89 Petals will not take responsibility for non-delivery related to incorrect delivery information.
By signing up for a subscription, you are agreeing to the following terms and conditions below. You are bound to the terms and conditions in this agreement until the subscription is cancelled.
2.1 Subscription Acceptance Policy
You are subject to acceptance by 89 Petals and we reserve the right to reject any member without giving reasons. In the event of rejection, we will remove your stored card details from record.
2.2 Event Selections
You have the choice between a “Treat Yourself” subscription or a “Gift to Remember” subscription.
- The “Treat Yourself” subscription means you accept being sent a new and unique surprise designer bouquet either every two weeks, every month or every two-months until you cancel your subscription. You can cancel or edit you subscription at any time.
- The “Gift to Remember” subscription means you offer a gift subscription for someone else for a set number of bouquets sent (either 3, 6 or 12 bouquets, sent every fortnight). The first bouquet of the “Gift to Remember” subscription will always be one of the three standard one-off bouquets that you can choose. Subsequently, the recipient will receive a new and unique seasonal bouquet every two weeks.
2.3 Shipping of bouquets
- Treat Yourself Subscription are delivered on Fridays only. The frequency depends on your subscription (every 2 weeks, 4 weeks or 8 weeks)
- Gift to Remember Subscription’s first shipment date is chosen by you. The following deliveries will be on a Friday every two weeks. The second bouquet will be received the closest Friday, 10 days after the first bouquet is sent.
2.4 Changing or cancelling your subscription
- Treat Yourself Subscription: Subscriptions can be cancelled or update your settings by login into your account page. You will not be charged nor receive the bouquet if you cancel by midnight three days before delivery day (Monday midnight). If these deadlines are met, a full refund will be issued. You can also skip your Treat Yourself subscription in case you are away by login into your account page. This will cancel the delivery and you will not be charged. If you would like your flowers sooner than the next scheduled delivery then you can choose a new date through your account page.
- Gift to Remember Subscription: This gift subscription can be changed or cancelled by sending us an email to email@example.com three days before first delivery date. Afterwards, the recipient can change his/her settings (amend address, skip delivery if away) by sending 89 Petals an email to firstname.lastname@example.org.
We'll always do our best to make last-minute changes for you, but we can only guarantee changes made three days before delivery (Monday midnight). If these deadlines are met and you have cancelled, a full refund will be issued. You are responsible for entering correct information - especially delivery addresses at all time. 89 Petals will not take responsibility for non-delivery related to incorrect delivery information.
- PAYMENT & PAYMENT DETAILS
3.1 Payment and Payment Details
89 Petals accepts Debit/credit card & PayPal payments. We use Stripe to process payments. All sales and payments will be in GBP.
3.1.1 For “The Perfect Gift or one-off orders”, you will be charged at the time the order is placed.
3.1.2 For the “Treat Yourself” subscriptions, you will be charged the price of the product three days before delivery. For the “Gift to Remember” subscription, the entire sum will be charged at the time the order is placed.
For each event, you will be charged the price displayed on www.89petals.co.uk on the date that your card is charged. Shipping charges are included in the price. 89 Petals reserves the right to change prices for Products and Memberships at any time. Product prices are not fixed indefinitely. You accept that product prices may occasionally change and you accept these changes. Prices will be displayed on this website and in your account settings.
89 Petals does not issue invoices. You will receive a payment confirmation email.
3.4 Payment problems
If your card can not be authorized for any reason, 89 Petals reserves the right to either suspend or terminate your account and Membership and terminate these Terms of Service.
For subscriptions, if we do not hold an authorized card on file, we reserve the right not to ship flowers for an event. This means that the recipient will not receive flowers. If we experience issues when trying to charge you card, we will endeavour to contact you prior to the event to inform you and ask you to update your stored payment card.
- FLOWER AVAILABILITY, QUALITY & SUBSTITUTION
This section only is applicable for the” Perfect gift (one-off orders)” as the “Gift to Remember” or “Treat Yourself” subscription are composed of surprise seasonal bouquets.
While we make every effort to ensure flowers are representative of the image and description on website all floral products are subject to availability. In the event of any supply difficulties or if the flowers we have received from our growers that are needed to make up your order do not meet our high quality standards, we reserve the right to substitute any product with an alternate product of a similar style and equivalent (or greater) value and quality. Where this is necessary, and the substitution is significant, we will try to contact you via email. If we are unable to contact you via the contact methods provided prior to the time that we make up your order, we will assume that you accept the substitution.
Our flowers are occasionally sent out in bud form meaning they will last longer with the recipient. If you receive flowers that do not seem fresh, please contact us by email email@example.com to let us know. If, at our sole discretion, the flowers do not meet our high freshness standards, we will give you the choice of a free replacement at our next available delivery date, or a refund. Please note that you will need to email us a photo of the flowers within 72 hours of receipt to be eligible for a refund. If we offer you a refund, we will refund you the full amount within 3 days.
4.3 Damaged flowers
While our flowers are packed carefully to ensure they arrive as fresh and beautiful as when they left us, on a small number of occasions (and for reasons beyond our control) they may get damaged in transit. Should this occur to a level that you deem unacceptable, please contact us so that we can arrange a free replacement at our next available delivery date, or a refund. Please note that you will need to email us a photo of the damaged flowers in question within 72 hours of receipt of the flowers in order to be eligible for a refund. If we offer you a refund, we will refund you the full amount within 3 days.
- DELIVERY & REFUNDS
5.1 Delivery method
Flowers are delivered hand-tied in a specialised packaging. Care instructions are provided to the recipient. The standard delivery service used is DPD Next Day. We ship to all UK mainland addresses except Northern Ireland, Scottish Islands and highlands and Channel Islands. We hope to soon deliver to those addresses as well. We can deliver to any address, but do not deliver to PO boxes and BFPO addresses.
89 Petals offer next day delivery if the Perfect Gift or One-off services is finalised before 2pm. If you order your “Treat Yourself” subscription by Wednesday midnight, we will guarantee first shipment on Friday.
We reserve the right, at our absolute discretion, to use a different service or different delivery method without prior notification. We reserve the right, at our absolute discretion, to cancel your subscription, or not accept an order if it becomes apparent to us that the postal or courier service in your area is too unreliable. We value our customers and our ability to deliver, so where we can't, we won't risk disappointing you
5.2 Delivery date
“The Perfect Gift (one-off)” bouquet and the first bouquet of the “Gift to Remember” are delivered at the date of your choosing. The “Treat Yourself” bouquets and the subsequential bouquets of the “Gift to Remember” are delivered on Fridays.
5.3 Late Deliveries
We will provide a full refund in the case of late delivery. You may also keep the flowers. Late delivery means that an attempted delivery has not been made or the first delivery was made after the event date.
If an attempted delivery has been made on event date, and the flowers could not be delivered, this is not considered as late delivery. The member agrees that a tracking status from 89 Petals courier of choice of attempted delivery or delivered on a date or prior to the event date will be considered as Delivered on time and no refunds are available.
If an attempted delivery has not been made on the event date, we will refund you in full. It is the member's responsibility to contact us within 7 days of the scheduled delivery date in order to claim a refund. Failure to do so will result in the lapse of any rights to a refund.
If the flowers are not delivered at the fault of 89 Petals, we will refund you. If the delivery address that you have maintained is incorrect or outdated at the time of shipment, no refund will be available. If delivery was either made to the incorrect address or not made because the address did not exist or the recipient does not live at that address, no refund will be given. The member agrees that a tracking status from 89 Petals courier of choice of attempted delivery or delivered on a date or prior to the even date to the address maintained by the member, the delivery will be considered as Delivered on time and no refunds are available If you have maintained the correct address and
- 89 Petals supplied our courier with a different or incorrect address, then we will refund you the full amount.
- Courier has delivered the flowers late, then we will refund you the full amount. It is the member's responsibility to contact us within 7 days of the scheduled delivery date in order to claim a refund. Failure to do so will result in the lapse of any rights to a refund.
5.5 Adverse weather conditions
As delivery is assured by DPD, during adverse weather conditions (such as heavy snow, ice, flooding or high winds), they may not be able to delivery orders on time. This is outside of our control and we cannot accept responsibility for the late delivery of the order. Therefore, in the event of adverse weather conditions, we aren't able to refund or offer re-delivery of affected orders.
5.6 Force Majeure
89 Petals shall not be liable for delay in performing or for failure to perform its obligations if the delay or failure results from any of the following: (i) Acts of God, (ii) outbreak of hostilities, riot, civil disturbance, acts of terrorism, (iii) the act of any government or authority (including refusal or revocation of any license or consent), (iv) fire, explosion, flood, fog or adverse weather, (v) power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles, (vi) default of suppliers, sub-contractors or delivery partners, (vii) theft, malicious damage, strike, lock-out or industrial action of any kind, and (viii) any cause or circumstance whatsoever beyond 89 Petals's reasonable control.
Please understand that due to the perishable nature of flowers, we are unable to accept returns. We offer customers refunds or replacement flowers if the flowers are not delivered to an acceptable quality, as detailed above.
6 .OFFERS & PROMOTION CODES
- At our discretion, from time to time, we may offer products at discounted prices. These offers are valid from the time that we introduce them to the end date of the offer and they cannot be used for purchases before the offer introduction date or after the offer end date.
- At our discretion, from time to time, we may issue promotional codes that can be redeemed. These codes are valid from the time that we introduce them to the expiry date of the code. Only one code can be used per purchase.
- In the event that a customer has made a purchase and the price of the purchased product subsequently falls or is discounted owing to a special offer, the price of the product at the time of purchase shall prevail. We are unable to offer special offer discounts for purchases that have already been made.
- As our special offers are contingent on availability, we may change the terms of special offers and promotional codes, or withdraw them altogether, at any time, and without prior notice.
- We also reserve the right, at our absolute discretion, to offer different personalised special offers and promotions and it will therefore only be possible for the customer in receipt of the special offer to redeem the discount.
- Unless explicitly otherwise stated, free or discounted introductory offers are only available to new users of the service, and are only available once to any one person.
- Unless otherwise stated, we only allow one promotion code to be used per order
- We reserve the right, at our absolute discretion, to expire or revoke credit, or to temporarily remove the ability to redeem credit on our site.
If for any reason you're not absolutely 100% happy with your 89 Petals experience, please contact us by email firstname.lastname@example.org. We value your feedback. So don't hesitate to send a review a short video via email or messenger as well
All copy, videos, images, and content on this website are owned by 89 Petals and protected by Copyright. Unauthorized infringement of copyright may be result in legal action being taken against the offending party.
- GENERAL TERMS
89 Petals may issue a warning, temporarily suspend, indefinitely suspend or terminate any Customer's right to use or access all or any part of the Site including any account thereon, without notice, for any reason in 89 Petals sole discretion, including without limitation breach of this Agreement and/or violation of the Terms of Service, 89 Petals belief that such access would violate any applicable law, rule or regulation or would be harmful to the interests of, or potentially cause financial loss or legal liability to 89 Petals or another user of the Site.
- LIABILITY, WAIVERS & INDEMNIFICATION
You agree to indemnify and hold harmless 89 Petals, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the Application, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including legal fees) occurring from or related to the use or misuse of 89 Petals services.
To the fullest extent allowable under applicable law, in no event shall 89 Petals or its agents or anyone involved in creating or providing this application or content (A) be liable to the user with respect to use of the application; and/or (B) be liable to the user for any direct, indirect, special, incidental, consequential, punitive, exemplary or other damages, including without limitation, damages for loss of goodwill, lost profits, theft or corruption or user information, the inability to use the application, or device failure or malfunction. The user’s sole remedy is to cease use of the application. 89 Petals, its agents and anyone involved in creating or providing this application or content shall not be liable even if any of them or any authorised representative of them has been advised of the possibility of such damages, including without limitation damages or injury caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm.
- Governing Law & Jurisdiction
This contract shall be governed and construed in accordance with the laws of England. The English Courts will have exclusive jurisdiction to deal with any dispute which may arise out of or in connection with the contract.
Update of these terms:
You agree that the terms and conditions pertaining relating to your membership will be the latest terms and conditions displayed on the 89 Petals website. You will be bound by any change in terms as soon as they are posted to this website.
Published on 20 November 2017.