Please read these terms and conditions carefully before using this Website
These Terms are issued by www.iberflowers.com
1.1 These terms and conditions (Terms) are issued by www.iberflowers.com (the Company). They apply to the entire contents of the websites under the domain name www.iberflowers.com (the Website) whether you act as a private individual and consumer ("Consumer").
1.2 By accessing any part of the Website, You shall be deemed to have accepted these Terms in full. If You do not accept these Terms in full, You must leave the Website immediately.
1.3 The Company may revise these Terms at any time by updating this posting. You should check the Website from time to time to review the then current Terms, because they are binding on You.
1.4 You warrant that You possess the legal authority to enter into any agreement and to use this Website in accordance with its Terms.
1.5 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
1.6 The Company reserves the right to modify or withdraw, temporarily or permanently the Website (or any part of it) with or without notice and shall not be liable to You or any third party for any modification or withdrawal of the Website.
2. LINKS TO THIRD PARTY WEBSITES
2.1 This Website may contain hyperlinks to websites operated by parties other than the Company. The Company does not control such websites and is not responsible for their contents, availability or Your use of them. The Company inclusion of hyperlinks to such websites does not imply any endorsement of the material on such Websites or any association with their operators.
2.2 Any links to third party websites on this Website are provided solely for Your convenience. If You use these links, You shall leave this Website. If You decide to access any of the third party websites linked to the Website, You do so entirely at Your own risk.
1 ORDERING PRODUCTS
1.1 In these terms and conditions:
1.1.1 "Consumer" means a natural person acting outside business purposes;
1.1.2 "Products" means any products purchased by you through our Website;
1.1.3 “us/our or we” means Iberflowers.com and any of its authorised agents;
1.1.4 "Website" means www.iberflowers.com
1.1.5 “you/your” means the Consumer or Business who orders the Product(s).
1.2 All orders placed by you are subject to these terms and conditions (Terms).
1.3 If you are a Consumer you must be over 18 to place an order via our Website.
1.4 Whether you are a Business or a Consumer, you must have the legal authority to order any Products via this Website.
1.5 If you order Products from our Website we will send you an email confirming receipt of your order, your order number, invoice address, delivery address, description of Products ordered, the price and quantity of the products ordered, the expected delivery date of the products and confirmation of any message to be delivered with the products ordered.
1.6 Your order is an offer from you to us to purchase the Products. Our acknowledgement of your order is not acceptance of your order.
1.7 We shall insist on receiving payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings in to existence a legally binding contract between us.
1.8 Illustrations, photographs, dimensions and descriptions of Products on our Website are intended as a general guide to the Products only and do not form part of our contract with you. Products may vary slightly in appearance from those depicted on the Website.
3.1 All Products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute a Product of equivalent value and quality without notice.
3.2 In the event that we are unable to supply the Products or any substitute product to you at all, we shall notify you as soon as is reasonably possible and shall reimburse your payment in full and in any event no later than 30 days after the intended delivery date.
3.3 We may deliver certain flower Products in bud to ensure longer life. Any other special Product information, for example, shelf life, shall be shown on our Website.
3.4 Some Products, flowers and plants may be harmful or poisonous.
4.1 The price payable for the Products that you order is shown on our Website.
4.2 The Website shall detail whether our prices are shown inclusive or exclusive of delivery which is charged separately. Delivery costs will be shown separately in the checkout before you enter your details for payment.
4.3 If the price of a Product is incorrectly shown and is higher than stated on our Website we will either send you an email informing you of the new price and asking you if you want to proceed with your order or we will cancel the order and inform you.
4.4 If the price of a Product is lower than stated on our Website we will send you the Product and charge you the lower price.
5.1 We accept payment by credit, debit card and Pay Pal. We will not dispatch a Product until we have received payment from you. If for any reason payment is refused after we have dispatched the Products we will have the right to request the payment from you or recover the Products from you and charge you for our costs in recovering the Products or seeking further payment.
6.1 We only deliver Products through our certified Florists network in selected countries which are listed in our main page. Please note that we are sometimes unable to deliver selected products to some areas. Where possible we will advise you of those restrictions before you place your order. If you would like delivery to those areas or have a query about where we deliver please contact customer services for further details as we may be able to make delivery subject to an additional charge. We will advise you at the time of your order of any additional charges to remote areas which are not normally delivered to by us.
6.2 Delivery dates, times and delivery cut-off times shall be detailed on the Website when you order Products.
6.3 Whilst we agree to use all reasonable endeavours to ensure that delivery will be on the requested delivery date or during the delivery period, you acknowledge that actual delivery will be via a local florist or for certain orders via third party courier or postal service. In very occasional circumstances delivery on the requested terms will not be possible. In such circumstances you will be given prior notice wherever possible and we shall either make alternative arrangements. You are requested to allow up to an additional minimum of 24 hours after the requested delivery date for delivery to be made.
6.4 We will deliver the Products ordered by you to the address you give to us for delivery at the time you make your order. We cannot guarantee when any item will be despatched and we are unable to specify a time for delivery.
6.5 Some orders will require a signature on delivery. This will apply in the case of delivery of certain Products or to certain locations where a third party is involved, such as offices, hospitals, Funeral Directors, airports, hotels, ships and other business locations. The signature of any person authorised to accept delivery on behalf of the organisation shall be accepted as proof of delivery to your chosen recipient.
6.6 You will become the owner of the Products you have ordered when they have been delivered to you or the representative of the recipient. You are responsible for any insurance (where relevant) security after delivery. Once Products have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6.7 Neither we, nor our florists network that we use shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control including but not limited to any fire, flood, explosion, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, government act, act of war, terrorism, act of God, or from any industrial dispute or strike whatsoever.
6.8 Please ensure that you enter full and accurate details, including the address and the postal code, of the recipient. We will not be responsible for any orders which are not delivered due to incorrect or incomplete information being supplied by you.
7 IF YOU CHANGE YOUR MIND - CONSUMERS
7.1 If you are a Consumer and subject to Clause 7.3, by law you have the right to cancel your contract before you receive the Products or to return any Products to us within 7 working days after the date of receipt of the Product. It is your responsibility to take good care of the Products to ensure that the Products and their packaging are not damaged. If you have already received the Products from us and wish to return it please follow our returns policy set out in clause 10.
7.2 Once you have notified us that you are returning the Products the cost of the Products will be re-credited to your credit or debit card as soon as possible and in any event within 30 days of your order provided that the Products in question are returned by you and received by us. If you do not return the Products delivered to you or you do not pay the cost of returning them we shall be entitled to deduct the direct costs of recovering the Products from the amount to be re-credited to you.
7.3 Your right to cancel as specified in Clause 7.1 shall not apply to:
8 IF PRODUCTS ARE DAMAGED OR FAULTY
8.1 Because of the perishable nature of many Products you are advised to make any complaint within 2 working day of the delivery date of your Products.
8.2 We guarantee 3-4 days of freshness for your flowers, plants or associated items from the date of delivery. If any flowers arrive damaged, die or wilt within seven days of delivery you should take a digital photograph of them and email it to Customers Service or take the flowers to the florist shop that delivered them and we will replace the flowers and deliver them to you free of charge.
8.3 If you want to return a Product to us other than in accordance with clause 9, because it was damaged when delivered or is faulty, please use our returns policy set out in clause 11. If you want a refund not a repair or replacement we will refund you the price and the delivery costs and the cost of returning it to us. Please send us a receipt for the return postage costs.
8.4 We will inspect all Products returned to us as faulty or damaged. If we discover that they are not faulty or damaged we may recharge you for the Products and the costs incurred by us.
9 IF WE HAVE SENT YOU THE WRONG PRODUCTS
9.1 If we send you a Product that you have not ordered please use our returns policy set out in clause 10. If you return it to us we will refund the price, the original delivery costs and the cost of returning it to us.
10 RETURNS POLICY AND COMPLAINTS
10.1 If you are returning a Product in accordance with clauses 9 or 10 or you have a complaint please contact the Customer Services team by email. You will then be given a returns reference number or customer service issue number (as appropriate). You must quote this number in all correspondence. Each return will be dealt with individually and the most appropriate action agreed with you.
10.2 Where Products are being returned to us we advise you to return Products by a secure postal method to the address given to you by our customer services representative and obtain a receipt as proof of returning it to us. If you have difficulties returning the Products, for example, by reason of their size, please contact us to arrange a suitable solution.
10.3 If you do not use the returns reference number on all correspondence it may delay our response to you.
11 CANCELLATION BY US
11.1 We reserve the right to cancel the contract between us if:
11.1.1 we have insufficient stock to deliver the Products you have ordered; or
11.1.2 the price or description of the Products was listed incorrectly due to a typographical error or an error in the pricing information received by us from our suppliers.
11.2 If we do cancel your contract we will notify you by email and refund any sum paid by you to your credit or debit card. We will not be obliged to offer any compensation for loss or disappointment suffered by you.
12 OUR LIABILITY
12.1 We will not be liable for any loss you suffer through failure to use the Products in a normal and proper manner or through altering or modifying the Products, failure to follow any guidelines or using the Products in a careless or negligent manner.
12.2 Our liability to you for death or personal injury caused by our negligence is not limited.
12.3 Our liability to you other than for death or personal injury caused by our negligence is limited to the cost of replacement of the Products or refund of the price paid for the Products.
12.4 We will not be responsible for:
12.4.1 any other loss you suffer through our failure to comply with the terms of this contract. In particular we will not have any liability for any loss that was not a reasonably foreseeable consequence of our failure to comply with the contract such as any loss of profit, opportunity or liability to any third party; or
12.4.2 any failure to deliver Products or delay due to any event or circumstance beyond our reasonable control.
13.1 If any part of these Terms are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
14 EVENTS BEYOND OUR CONTROL
14.1 We shall have no liability to you for any failure to deliver Products you have ordered or any delay in doing so or for any damage or defect to Products delivered if caused by any event or circumstances beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown or systems or network access, flood, fire, explosion or accident.
16 ENTIRE AGREEMENT
17.1 Before placing your order, please review delivery cut-off times & prices. Orders may be amended or cancelled up to 3 working days before the intended delivery date. Because of the perishable nature of most products and in order to assist us in resolving any complaints quickly and to our mutual satisfaction, we advise you to make any complaint within 1 working day of the date of delivery or intended delivery of your purchase.
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