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Terms & Conditions
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 vpflowers@yahoo.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 vpflowers@yahoo.com 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 vpflowers@yahoo.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;
