Thank you for your
interest in making a purchase from VP Flowers, Dublin. We hope that you
will be delighted with your chosen arrangement.
We set out below the terms which govern our sale of flowers to you. Please take a moment to read through these terms and let us know if you have any questions below:
1) THESE TERMS
a) What these terms cover. These are the legal terms and conditions on which we supply products to you which are purchased using our website.
b) Why you should read them? Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2) INFORMATION ABOUT US AND HOW TO CONTACT US
a) Who we are? We are VP Flowers, a company registered in Ireland and our registered office is at 13 Berkeley Road, Phibsborough, Dublin 7. Our registered VAT number is IE1634252IA
b) How to contact us? You can contact us by telephoning us at 01 8500702 or by writing to us by email at email@example.com or by post to VP Flowers 13 Berkeley Road, Phibsborough, Dublin 7, D07Y179.
c) How we may contact you? If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order.
d) “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3) OUR CONTRACT WITH YOU
a) How we will accept your order? Our acceptance of your order will take place when you receive an email from us to accept it, at which point a contract will come into existence between you and us. In the unlikely event that we are unable to fulfil your order, we will send you a second email shortly after your order acknowledgement to let you know.
b) If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
4) Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
5) We deliver to the Dublin area. Our website is solely for the promotion of our products in Dublin. Unfortunately, we do not deliver to addresses outside of this. If you are located outside of our current delivery area, you are welcome to collect your order from our shop at 13 Berkeley Road, Phibsborough, Dublin 7 D07Y179 or to call us to enquire about one-off delivery charges on 01 8500 702.
6) OUR PRODUCTS
a) Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Since flowers, foliage and plants are natural products, colour variation will occur between flowers, foliage and plants of the same species, although the predominant colour will be as represented. Accordingly, your product may vary slightly from those images due to natural variation. In the event that a flower, foliage or plant shown in a bouquet on our website is unavailable at the time of fulfilment of your order we will always substitute the relevant flower, foliage or plant with a flower, foliage or plant of the same or higher value.
b) Product packaging may vary. The packaging of the product may vary from that shown in images on our website but will always be of the same or higher quality. Exceptionally we may substitute glassware shown on the website with alternative glassware of the same or higher value whilst ensuring that the overall aesthetic of the chosen product is not adversely affected.
7) OUR QUALITY GUARANTEE
a) We strive to provide you with the freshest, highest quality and highest grade flowers. Our Quality Guarantee is our guarantee that your flowers will last for the minimum periods set out below:
i) Spring flowers and scented roses – 5 days from the date of receipt
ii) All other flowers – 7 days from the date of receipt.
b) If your flowers have died prior to the periods specified in our Quality Guarantee please contact us and we will offer you a replacement product at no cost to you provided that the conditions set out in Clause 7c) have been satisfied:
c) Upon receipt of your product you should remove your products from any temporary packaging and place the flowers in a vase of water as soon as possible and add any supplied cut flower food to the water. If your product is supplied in a vase you should add any supplied cut flower food to the water and change the water every 2 – 3 days. If you wish to make a claim for replacement under our guarantee please take a picture of your product and send it to us by email to firstname.lastname@example.org within the period set out in Clause 7d) below.
d) Since cut flowers are known perishable products please note that any request for replacement under our Quality Guarantee must be made within 24 hours of the guaranteed periods set out in clause 7a). For example, if you purchase spring flowers on a Monday, we guarantee the flowers will last until the end of Friday and you must let us know no later than the end of Saturday if you consider that the flowers died prior to the end of Friday with a supporting photograph taken no later than the end of Friday.
8) YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible (this will usually depend on the time that has elapsed since you placed the order). If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
9) OUR RIGHTS TO MAKE CHANGES
a) Minor changes to the products. We may change the product:
i) to reflect changes in relevant laws and regulatory requirements – for example, laws or regulations which affect the way in which products are packaged; and
ii) to implement minor technical adjustments and improvements. These changes will not affect your use or enjoyment of the product.
10) PROVIDING THE PRODUCTS
a) Delivery costs. The costs of delivery will be as displayed to you on our website, unless you request a delivery outside of our usual delivery area in which case the costs of delivery will be communicated to you when you contact us in accordance with Clause 5.
b) We will deliver your product to you as soon as reasonably possible and in any event within the time period specified on our website or communicated to you in accordance with Clause 5.
c) If you purchase our “flowers for the year” product, we will supply you with flowers at your chosen frequency until the date that your subscription expires or you end the contract as described in Clause 11) or we end the contract by written notice to you as described in Clause 13).
d) We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control (including road traffic or crop failure) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay due to an event outside of our control you may contact us to end the contract and receive a refund for any products you have paid for but not received.
e) Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9am-6pm on weekdays (excluding public holidays) and 9am-6pm on Saturdays. We are closed on Sundays.
f) If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will try to contact the recipient. Alternatively, we will leave it with neighbours and leave a note informing the recipient of where your product is. If leaving it with a neighbour is not a possibility, the product will be returned to the shop and the product will have to be collected from there. For us to redeliver the product, you will be required to pay an additional delivery charge equal to the delivery charge paid at the time of original order online in order to compensate us for the additional costs incurred.
g) If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collection, we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 13)b) will apply.
h) When you become responsible for the goods. Your product will be your responsibility from the time we deliver the product to the address you gave us or you, or a carrier organised by you, collect it from us.
i) When you own goods. You own a product once it has been delivered to the delivery address specified in your order.
j) What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your address and telephone number. If so, this will have been stated in the description of the products on our website. If you do not provide us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 13)b) will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
k) Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
i) deal with technical problems or make minor technical changes;
ii) update the product to reflect changes in relevant laws and regulatory requirements; or
iii) make changes to the product as requested by you or notified by us to you (see Clause 7)).
l) Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 24 hours in any week we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one week and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract. This provision is most likely to be relevant if you have purchased our “flowers for the year” product.
m) We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see Clause 16)a)) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see Clause 16)c)). We will not charge you for the products during the period for which they are suspended.
11) YOUR RIGHTS TO END THE CONTRACT
a) You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
i) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see Clause 14);
ii) If you want to end the contract because of something we have done or have told you we are going to do, see 12)c)ii); or
iii) If you have just changed your mind about the product, see Clause 11c).
b) Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
i) we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 9));
ii) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
iii) there is a risk that supply of the products may be significantly delayed because of events outside our control;
iv) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one week; or
v) you have a legal right to end the contract because of something we have done wrong.
c) Given that our products are classified as “rapidly deteriorating” goods for the purposes of the Consumer Contract Regulations 2013, you do not have a statutory right to cancel your order after it has been accepted by us. However, you can still end the contract before it is completed, but you may have to pay us compensation. Our contract with you is completed when your product is delivered, or in the case or our “flowers for the year” product, when the last scheduled delivery of our product is made. If you want to end a contract before it is completed where we are not at fault, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
12) HOW TO END THE CONTRACT WITH US
a) Tell us you want to end the contract. To end the contract with us, please call customer services on 018500 702 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
b) Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, we may ask you to return them to us unless you have paid us compensation for our costs. If you are required to return products to us you must either return the goods in person to where you bought them, VP Flowers, 13 Berkeley Road, Phibsborough, Dublin 7.
c) When we will pay the costs of return. We will pay the costs of return:
i) if the products are faulty or misdescribed;
ii) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances you must pay the costs of return.
d) How we will refund you. If you are due a refund, we will refund you the price you paid for the products including delivery costs as soon as possible, by the method you used for payment.
13) OUR RIGHTS TO END THE CONTRACT
a) We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
i) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;