Terms & Conditions

These terms and conditions (the "Terms and Conditions") are the terms and conditions upon which Fleming Florist ("we/us") make this website (the "Fleming Florist Site") available to you and any of our services which are accessible on or via the Fleming Florist Site (the "Fleming Florist Service").

These Terms and Conditions govern your use of the Fleming Florist Site and the Fleming Florist Service.

Products
Alcoholic Gifts
Prices
Orders / Payment
Delivery
Cancellation
Fleming Florist Customer Services
Disclaimer
General
Intellectual Property
My Account service


Products

1.1 All products as depicted on this website (as may be varied from time to time) are available almost everywhere in the UK, Channel Islands, Republic of Ireland and Isle of Man - or as otherwise directed. Certain product ranges are available in selected delivery areas only.

1.2 Certain flower and plant products may be delivered in bud to ensure longer life.

1.3 Some flower and plant products may be harmful or poisonous, if you require further information before submitting an order please contact Fleming Florist using the contact details set out in Section 7 below.

1.4 All products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute with a product of equivalent value and quality without notice.

1.5 In the event that we are unable to supply all or part of your order (the product or any substitute product to you at all), we shall notify you as soon as possible and reimburse your payment in full no later than 30 days after the intended delivery date.

1.6 We guarantee the freshness of your flowers for 7 days. Roses, summer and spring flowers will be guaranteed for a period of 5 days.

 

Alcoholic gifts

2.1 It is an offence under Sections 32 and 33 of the Intoxicating Liquor Act 1988 (Ireland) for any person under 18 to buy, or attempt to buy, intoxicating liquor. Under the Licensing Act of 1964 (UK) and 1976 (Scotland) it is an offence for any person under 18 years to buy, or attempt to buy, alcoholic liquor. It is an offence under Licensing (Northern Ireland) Order 1990 for any person under 18 to buy, or attempt to buy, intoxicating liquor.

2.2 Alcoholic gifts are distributed to selected areas in association with a licensed third party, for further information regarding our suppliers contact Fleming Florist.

 

Prices

3.1 Prices listed within the Fleming Florist Web Site are valid for a maximum of 14 days of submitting your purchase form.

3.2 Prices include VAT for deliveries within the UK, Republic of Ireland and Channel Islands.

3.3 Except where stated product prices exclude delivery.

 

Orders / Payment

4.1 You will be given clear instructions to navigate the order process and will be required to provide us with your complete personal details, including accurate postcode, together with those of the intended recipient and all necessary payment details.

4.2 We accept payment by Paypal and all major credit and/or debit cards, other than Diners, department store cards and any other credit and/or debit cards as we may specify from time to time.

4.3 By clicking on the 'check out' button at the end of the order process, you are consenting to be bound by our terms and conditions contained in these Terms and Conditions and appearing anywhere on the Fleming Florist site.

4.4 Submitting your order is subject to our acceptance of this offer. We will send an email confirmation of your order details to advise that we are processing your order via the email address you provide. We will not consider ourselves bound by a contract with you until we have issued this email confirmation.

4.5 We cannot accept orders from customers under the age of eighteen (18) years.

 

Delivery

5.1 Delivery charge for Republic of Ireland , UK, Isle of Man and Channel Islands is €15. Orders placed before 2pm GMT Monday to Saturday (Except on Public Holidays) can be delivered same day. International delivery charge is €15. If you request delivery to remote areas which are not normally delivered to by Fleming Florist you will be advised of any additional charges as soon as possible upon receipt of your order.

5.2 We will process orders received on Sundays or Public Holidays the next working day.

5.3 Delivery is not available on Sundays or public holidays, orders will be delivered on the next working day.

5.4 Deliveries cannot be delivered at specific times, all orders will be delivered during the working day.

5.5 It is possible to specify a preferred delivery time within the order process for items ordered from the 'Sympathy' & 'Funeral' product ranges. This option should be used only for orders requesting delivery to funerals or funeral parlours. Whilst every effort will be made to ensure your order is delivered prior to the time selected, no guarantee for delivery by the time specified can be given. To assist us in meeting your preference, please ensure your order is placed at least two working days prior to the preferred delivery time.

5.6 To avoid problems or delays with delivery, please ensure that you have included the full address details, including accurate postcode of the intended recipient and telephone number, together with your daytime contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered.

5.7 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. 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 or reimburse your payment in full in accordance with clause 1.5 above.

5.8 In the case of delivery 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. Please be advised that some products are unsuitable for delivery to Funeral Directors, Hospitals, airports or ships – please contact Fleming Florist for further information using the contact details set out in Section 7 below.

5.9 Please be aware that the carrier will deliver the goods to the address provided in good faith and we cannot accept responsibility if the intended recipient is no longer at that address and the receiver refuses or fails to return the items(s).

5.10 Please note that where the carrier is unable to find someone to accept delivery, or unable to leave the delivery in a secure location, they will leave a card at the address for the recipient to make contact and re-arrange delivery. If the recipient fails to make contact in good time we reserve the right to charge for re-delivery to that or an alternative address.

5.11 In respect of orders outside the Republic of Ireland, UK and Channel Islands shall be made as soon as is reasonably practicable, but you acknowledge that delivery on the intended delivery date, particularly in respect of orders received for same day delivery or for Sundays and Public Holidays, cannot be guaranteed.

5.12 Please note that if you order a number of items for delivery to the same address, they may be despatched separately and we cannot guarantee delivery on the same day.

 

Cancellation/Amendments

6.1 If, for any reason, you wish to change or cancel your order you can do so by calling +00 353 45 897090 or email: info@flemingflorist.ie Please give 48 hours notice before the requested delivery date.

6.2 You are entitled to cancel any payment at any time where fraudulent use has been made of your credit or debit card by another person not acting on behalf of you or as your agent and to be re-credited by us to the extent that such sums are not reimbursed by the card issuer in such circumstances.

 

Fleming Florist Customer Services

7.1 In the event that you are not satisfied with the Fleming Florist Service any complaints should be addressed in the first instance to:

By email: info@flemingflorist.ie
By telephone:  + 353 45 897090
By post: Fleming Florist, 33a South Main Street, Naas, County Kildare, IRELAND

Our Customer Services Team is available from 9am until 6pm Monday to Saturday.

7.2 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.

 

Disclaimer

8.1 Whilst we agree to use all reasonable endeavours to ensure that the Fleming Florist Site and/or the Fleming Florist Service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the Fleming Florist Site and/or the Fleming Florist Service and shall be released from our obligations under these Terms and Conditions in the event of any cause beyond our reasonable control which renders the provision of the Fleming Florist Site and/or the Fleming Florist Service impossible or impractical.

8.2 Subject to clauses 1.5 and 5.3 above, we shall not be liable for any delay or inability to perform our obligations to you if such delay is due to any cause whatsoever beyond our reasonable control.

 

General

9.1 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Fleming Florist Site and/or the Fleming Florist Service from time to time. We will post any changes on the Fleming Florist Site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Fleming Florist Service or Fleming Florist Site. Changes will be effective five (5) hours after the posting of any such change and all subsequent dealings between you and us shall be on the new terms and conditions.

9.2 Additionally, we reserve the right to suspend, restrict or terminate access to the Fleming Florist Site and/or the Fleming Florist Services for any reason at any time.

9.3 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Fleming Florist Site, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9.4 We shall ensure that we comply with the requirement of all current data protection legislation including, without limitation, the Data Protection Act (as replaced, modified or re-enacted from time to time). We shall only use personal data received from you for the purpose of fulfilling our obligations under these Terms and Conditions and as stated in our Privacy Policy.

9.5 A person who is not a party to the agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists apart from that Act.

9.6 In respect of fraudulent misrepresentation, this agreement (including any documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets forth the entire agreement and understanding between you and us relating to the subject matter hereof.

9.7 Your purchase will be deemed to have occurred in the Republic of Ireland. These Terms and Conditions shall be governed by and construed in accordance with Irish Law and the parties agree to submit to the exclusive jurisdiction of the Irish courts.

 

Intellectual Property

10.1 All other rights, including copyright, in this website are owned by Fleming Florist. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use is prohibited without the permission of Fleming Florist. You may not modify, distribute or repost something on this website for any purpose.

10.2 Your access to the Site and Service may be occasionally restricted to allow for routine maintenance.

11. These Terms and Conditions operate in conjunction with general Terms & Conditions of the Site governing overall use and order placement. We are committed to protecting your privacy.

12. If you have any queries please contact us using the contact details below:

By email: info@flemingflorist.ie
By telephone:  + 353 45 897090
By post: Fleming Florist, 33a South Main Street, Naas, County Kildare, IRELAND

13. We have obligations in relation to your personal information under the Data Protection Act. Some of the information you provide may be "sensitive" information under the Act (i.e. information on "delicate" matters, including race, political opinions, religion, trade union membership, physical or mental health or condition, sexual life etc). By registering for the Service and providing your details, you agree to us using information in the way set out above. Where you provide information about other people (for example their date of birth, or their address) you also confirm that have the consent of these people to provide us with that information.

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