Terms of Service
Last Updated: August 2023
OVERVIEW
This website is operated by LUXE FLOWERS DELIVERED. Throughout the site, the terms "WE," "US," and "OUR" refer to LUXE FLOWERS DELIVERED. LUXE FLOWERS DELIVERED offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
TERMS OF SERVICE
By visiting our site and/or purchasing something from us, you engage in our "SERVICE" and agree to be bound by the following terms and conditions ("TERMS OF SERVICE," "TERMS"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These TERMS OF SERVICE apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these TERMS OF SERVICE carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these TERMS OF SERVICE. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these TERMS OF SERVICE are considered an offer, acceptance is expressly limited to these TERMS OF SERVICE.
SECTION 1 - SEASONAL VARIABILITY AND COLOR AVAILABILITY
We reserve the right to make necessary changes to the order, such as flower selection and colors, based on seasonal availability. While we strive to match the original order as closely as possible, certain flowers or colors may not be available at the time of delivery. Rest assured, our floral experts will ensure that the arrangement maintains its beauty and overall aesthetic.
SECTION 2 - RECIPIENT NOT AVAILABLE FOR DELIVERY
We are not responsible for orders where the recipient is not available at the delivery location. If the recipient is not home or unable to receive the parcel, we can offer re-delivery options for an additional charge. Please ensure that the provided delivery address and recipient's contact information are accurate to avoid any delivery issues.
SECTION 3 - LOST PARCELS
We do not take responsibility for lost parcels once they have been successfully delivered to the specified address. We highly recommend ensuring the accuracy of the recipient's delivery details to prevent any delivery mishaps.
SECTION 4 - CHANGES TO ORDER DETAILS
Due to the seasonal nature of flowers, we reserve the right to modify certain aspects of the order, such as flower types or colors, to ensure timely delivery. Our team will always attempt to communicate these changes with the sender. If we are unable to reach the sender, we will proceed with the order and changes at the discretion of our head florist to ensure timely delivery.
SECTION 5 - DELIVERY TIMES AND DATES
While we make every effort to deliver orders on the requested date, delivery times and dates are not guaranteed. Factors such as traffic, weather conditions, and unforeseen circumstances may impact delivery times. If delivery at the specified time is crucial, we recommend choosing an appropriate delivery window to account for potential delays.
SECTION 6 - CARE INSTRUCTIONS
We provide care instructions for our flower arrangements to ensure their longevity. However, once the flowers have been delivered and accepted by the recipient, we are not responsible for any damage or diminished freshness resulting from improper handling or care.
SECTION 7 - SUBSTITUTION POLICY
In rare cases where a particular flower or product becomes unavailable, we may substitute it with an item of equal or higher value without prior notice. Rest assured, any substitutions will be carefully chosen to maintain the overall quality and aesthetic of the arrangement.
SECTION 8 - DATA PRIVACY AND SECURITY
We take data privacy and security seriously. Our customers' personal information and payment details are encrypted and protected. We do not share any personal information with third parties without explicit consent, and our data management practices comply with all applicable data protection laws.
SECTION 9 - REFUND AND CANCELLATION POLICY
We have a clear refund and cancellation policy to provide our customers with assurance and flexibility. Customers can review the specific policy on our website or contact our customer service team for assistance regarding any changes or cancellations to their orders.
SECTION 10 - QUALITY GUARANTEE
We are committed to delivering high-quality flower arrangements and exceptional service. If customers are dissatisfied with the delivered product for any reason, they can contact our customer service within a specified timeframe for prompt resolution or replacement.
SECTION 11 - COMMUNICATION WITH CUSTOMERS
Maintaining open and transparent communication with our customers is a priority. We will send order confirmation emails and provide delivery updates to keep customers informed about the status of their orders.
SECTION 12 - ORDER DELIVERY DISCLAIMER
While we make every effort to deliver orders on time, there may be circumstances beyond our control that could cause delays. In such cases, we will promptly notify customers and work diligently to find a suitable resolution.
SECTION 13 - INTELLECTUAL PROPERTY
All images and content displayed on our website are the intellectual property of our company. Any unauthorized use or reproduction of our content is strictly prohibited.
SECTION 14 - AGE RESTRICTIONS
Customers must be of legal age to place orders for alcohol-containing products, and we reserve the right to request age verification before fulfilling such orders.
SECTION 15 - TERMINATION OF SERVICES
We reserve the right to refuse service, terminate accounts, or cancel orders at our discretion if we believe the customer's actions violate these terms or applicable laws.
SECTION 16 - FORCE MAJEURE
We will not be held liable for any failure to perform our obligations under these terms due to events beyond our reasonable control, such as natural disasters, acts of government, or other unforeseen circumstances.
SECTION 17 - REVIEWS AND TESTIMONIALS
Customers may have the option to leave reviews or testimonials about our products and services. By submitting such content, customers grant us the right to use and display these reviews on our website and marketing materials.
SECTION 18 - MODIFICATIONS TO THE TERMS OF SERVICE
We reserve the right to update or modify these terms and conditions at any time without prior notice. Any changes will be effective upon posting on our website. Customers are encouraged to review the terms regularly for updates.
SECTION 19 - ONLINE STORE TERMS
By agreeing to these TERMS OF SERVICE, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the SERVICE, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the TERMS will result in an immediate termination of your SERVICES.
SECTION 20 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the SERVICE, use of the SERVICE, or access to the SERVICE or any contact on the website through which the SERVICE is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these TERMS.
SECTION 21 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 22 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the SERVICE (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the SERVICE.
SECTION 23 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or SERVICES to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or SERVICES that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or SERVICE made on this site is void where prohibited. We do not warrant that the quality of any products, SERVICES, information, or other material purchased or obtained by you will meet your expectations or that any errors in the SERVICE will be corrected.
SECTION 24 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 25 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these TERMS OF SERVICE.
SECTION 26 - THIRD-PARTY LINKS
Certain content, products, and services available via our SERVICE may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 27 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'COMMENTS'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violate any party’s intellectual property or these TERMS OF SERVICE. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the SERVICE or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 28 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 29 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our site or in the SERVICE that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the SERVICE or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the SERVICE or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the SERVICE or on any related website should be taken to indicate that all information in the SERVICE or on any related website has been modified or updated.
SECTION 30 - PROHIBITED USES
In addition to other prohibitions as set forth in the TERMS OF SERVICE, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the SERVICE or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the SERVICE or any related website, other websites, or the Internet. We reserve the right to terminate your use of the SERVICE or any related website for violating any of the prohibited uses.
SECTION 31 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our SERVICE will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the SERVICE will be accurate or reliable. You agree that from time to time, we may remove the SERVICE for indefinite periods of time or cancel the SERVICE at any time, without notice to you. You expressly agree that your use of, or inability to use, the SERVICE is at your sole risk. The SERVICE and all products and services delivered to you through the SERVICE are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Flowers Delivered London, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the SERVICE or any products procured using the SERVICE, or for any other claim related in any way to your use of the SERVICE or any product, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the SERVICE or any content (or product) posted, transmitted, or otherwise made available via the SERVICE, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 32 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Flowers Delivered London and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these TERMS OF SERVICE or the documents they incorporate by reference or your violation of any law or the rights of a third party.
SECTION 33 - SEVERABILITY
In the event that any provision of these TERMS OF SERVICE is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these TERMS OF SERVICE, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 34 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These TERMS OF SERVICE are effective unless and until terminated by either you or us. You may terminate these TERMS OF SERVICE at any time by notifying us that you no longer wish to use our SERVICES or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these TERMS OF SERVICE, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly, we may deny you access to our SERVICES (or any part thereof).
SECTION 35 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these TERMS OF SERVICE shall not constitute a waiver of such right or provision. These TERMS OF SERVICE and any policies or operating rules posted by us on this site or in respect to The SERVICE constitute the entire agreement and understanding between you and us and govern your use of the SERVICE, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the TERMS OF SERVICE). Any ambiguities in the interpretation of these TERMS OF SERVICE shall not be construed against the drafting party.
SECTION 36 - GOVERNING LAW
These TERMS OF SERVICE and any separate agreements whereby we provide you SERVICES shall be governed by and construed in accordance with the laws of the United Kingdom.
SECTION 37 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the TERMS OF SERVICE at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these TERMS OF SERVICE by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the SERVICE following the posting of any changes to these TERMS OF SERVICE constitutes acceptance of those changes.
SECTION 38 - CONTACT INFORMATION
Questions about the TERMS OF SERVICE should be sent to us at info@flowersdeliveredlondon.co.uk.