Updated on: 28/03/2019

These are our terms and conditions which set out our commitment to delivering unique products of the highest quality and personal customer service. In dealing with live and precious products and with 3rd party delivery companies, issues can occasionally occur. Please do not hesitate to call me if you have any questions.
Due to the nature of flowers and plants, their market price is not fixed, but will fluctuate depending on the weather and other economic factors. Should the cost of flowers for your Order increase by more than 10%, Flowers by Maggie reserves the right to increase the prices given in the estimate to you to reflect this, or you can allow us to choose a different variety of flowers to those suggested in your estimate that are at a lower price. We will of course contact you first to discuss this in greater detail.
Please telephone if you have an emergency order. If you require specific flowers please telephone at least 48 hours before delivery is required.
Equipment hired/supplied (jugs, bottles, vases, plinths, candelabras, etc.) remain the property of Flowers by Maggie. Charges will be made for any glassware returned cracked, chipped or broken. Replacement of goods is charged at the current purchase price.

Flowers By Maggie Florist are not responsible for theft or damage of flowers, plants or sundries

There are certain situations or events which may occur that are not within our reasonable control (some examples are given below). Where one of these occurs we will normally attempt to recommence performing the Services as soon as the situation which has stopped us performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.
The following are examples of events or situations which are not within in our reasonable control:

• where weather conditions make it impossible or unsafe for us to perform any of the Services;
• if flowers or other materials are not delivered on the date or at the time agreed with the supplier of those flowers or other materials (and it is not possible to obtain a replacement from an alternative supplier at all or within a reasonable amount of time, or the price charged by the alternative supplier is excessively higher than by the original supplier if ordered at short notice);
• where you make a change in the Services you wish us to perform (and this results in, for example, us having to do further work or wait for new or different flowers or other materials);
• where we have to wait for other providers of services (who have been engaged by you) to complete their work before we are able to perform the Services (or the relevant part of the Services dependent on the other provider if ordered at short notice);
• where we are unable to gain access to the Premises to carry out the Services at the times and dates we have agreed with you;
• where the areas in the Premises have not be readied by you as we and you have agreed in order for us to perform the Services;
• for other some unforeseen or unavoidable event or situation which is beyond our control.

If the delay in us recommencing performing the Services will be excessive then we will offer you the option of either:

• continuing to wait until we are able to recommence performing the Services, if you are required to make any payments during this period (for example if we and you have agreed that you will pay us in staged amounts) then we will not require you to make any of the payments required until we are able to recommence performing the Services; or
• allowing you cancel the contract, if you choose this option then you will only have to pay for any Services we have performed up to the date of cancellation and for any items or materials for which we have a legal obligation to pay.
• In the unlikely event whether either us, or our dependents find themselves in hospital when we are supposed to be carrying out the services to you, or in other cases where situations or events outside our reasonable control occur, it can become necessary to book a replacement florist to perform the Services. We will make every effort in making sure that a replacement florist will be able to perform the Services to the client’s satisfaction, within the style and price range requested by the client. Should such a scenario occur and a replacement florist was unable to be found, our liability will be limited to the payments made by you for the Services.

Booking Fee
A £50% Booking Fee is required to secure your Order. If you decide to cancel your Order (otherwise than within 14 days) this Booking Fee is non-refundable.
If, after the expiry of the 14-day period mentioned, you decide to postpone the date of the event for which you have made your Order we will hold your Booking Fee for up to six months (6 months) until your event goes ahead, or if it is not possible for us to perform the Services on the new date chosen by you or if the new date chosen by you is longer than six months (6 months) ahead then your Booking Fee will be forfeited.

The Booking Fee will be subtracted from the agreed Fee and this subtraction will be acknowledged on your final invoice.

We will not accept the order and reserve the date until the Booking Fee has been paid.

Once the Booking Fee has been paid then the prices and dates are secure except as otherwise provided in these terms and conditions.

All flowers are subject to availability and stringent quality checks. Whilst we try our best to source your chosen flowers, sometimes supplier problems or quality control can affect this. Flowers by Maggie will however aim to warn you of this as soon as the issue becomes known, in order to discuss the best way forward.  However at times Flowers by Maggie may have to substitute for the same value and quality without notice.

We do not guarantee specific stem types.

When placing your completed Order please indicate whether you have chosen to leave us to choose a mix of flowers at our complete discretion, or have asked us to work to a colour and style palette, based on our preliminary discussions with you, however please note this never produces identical flowers or designs to photographs or illustrations which you may have seen, those are used as a general illustration only. We will choose what we consider to be the most appropriate mix of fresh flowers, which are available with our local suppliers, to work with.

We take care of our flowers and ensure freshness and quality at all times. We reserves the right to take photographs of flowers and the setting in which we have arranged them prior to the commencement of the event for which they were ordered.  You acknowledge and agree that we own the copyright to such photographs and may freely use them for marketing, illustrative and promotional purposes. We will, of course, take reasonable steps to protect your personal identity when using such photographs.

We do not exclude or limit liability for our negligence or negligent omission which causes personal injury or results in death but otherwise, to the fullest extent allowed by law, Flowers by Maggie excludes all other liability and accepts no liability for injury, loss or damage to you, or any third party, in respect of the provision of the Services or of any equipment hired from us for use at an event, including (without prejudice to the generality of the foregoing) we exclude all indirect and consequential loss, loss of profits,  loss of sales or business, loss of anticipated savings,  loss of or damage to goodwill, loss of or damage to reputation.

Products
1.1 All Products supplied by Flowers by Maggie (which may vary from time to time) are available for delivery in PEMBROKESHIRE, UK (within a 10 mile radius of SA62 6XN,) Monday to Saturday. Some products may be available for delivery throughout England, Wales and Scotland (excluding the Highlands and Islands) from Tuesdays to Fridays via a courier service or Royal Mail. Please contact me to discuss.
1.2 Certain flower Products may be delivered in bud to ensure longer life.
1.3 Some Products, Flowers and Plants may be harmful or poisonous, if you require further information before submitting an order please contact us using the contact details set out in Section 6 below.
1.4 All Products are subject to availability. In the event of any supply difficulties, I reserve the right to substitute a Product of equivalent value and quality without notice.
1.5 In the event that we are unable to supply the Product 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.

Prices
2.1 Prices listed within the Service are valid for a maximum of 14 days from submitting your order.
2.2 Prices are net and not subject to VAT. Flowers by Maggie are not VAT registered.
Order / Payments
3.1 During order submission you shall be required to provide us with your personal details, including accurate postcode, together with those of the intended recipient and all necessary payment details. I accept payment by cash, Paypal, bank transfer or cheque. Cheques must be cleared before acceptance of the order. Once you have completed your order, you are consenting to be bound by our terms and conditions contained in these Terms and Conditions and appearing anywhere on the Online site.
3.2 Submitting your Order is subject to our acceptance of this offer and we will not consider ourselves bound by a contract with you unless we have issued you a confirmation of order delivery by email. This is not the email sent on submission of an order.
3.3 We cannot accept Order Forms from customers under the age of eighteen (18) years.

Delivery

Delivery of Flowers
4.1 Flowers by Maggie delivery service is only within the PEMBROKESHIRE, UK area. See prices page for delivery costs.
If items are posted, I use a 3rd party courier delivery company (or Royal Mail) to deliver beyond our local area for which the charge is £7.99 throughout England, Wales and Scotland (excluding the Highlands and Islands).
4.2 On acceptance of your Order we will advise you by e-mail confirmation of the intended delivery date. We do not deliver on Sundays or public holidays but in this case we will deliver the Product you request on the next working day.
4.3 Anomalies in your submitted personal details may lead to problems or delays in delivery, so before placing your order, please ensure that you have included the full address details, including accurate postcode of the intended recipient and your daytime contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered.
4.4 Whilst we agree to use all reasonable endeavours to ensure that delivery will be on the requested delivery date you acknowledge that 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 shall reimburse your payment in full.
4.5 In case of delivery to certain locations where a third party is involved, such as offices, hotels 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 we am unable to deliver plants to hospitals where flowers are not accepted, airports or ships.
4.6 Please note that we are only responsible for delivering against signature to the address you quote (or an imminent neighbour if no one is at home). We regret that where goods have been correctly delivered we can not accept responsibility if the intended recipient has moved, or lives elsewhere, and the actual received refuses or fails to return the item(s).
4.7 Where it has not been possible to find someone to accept delivery we will either deliver to a neighbour, leave in a safe place or leave a card at the address for the recipient to make contact. It is not possible to return perishable goods to me once delivery has been attempted.
4.8 It is possible to select a preferred delivery time within the order process in the Delivery Notes field. 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.
4.9 In the instance of there being difficulties in delivering your order to the intended recipient we reserve the right to contact the recipient using the contact details you provide on the Order Form.
4.10 When placing your order you are able to specify further delivery information. This is intended to provide further guidance for delivering your order which isn’t included within your address information, for example to specify floor number. We reserve the right to not action any delivery requests specified in this field which we deem unacceptable and will use other elements of address information provided elsewhere to fulfil your order.
5.1 Orders may be amended or cancelled up to 48 hours before the intended delivery date. For cancellation requests after this cut off please contact Flowers by Maggie as soon as possible and we will do our best to help but this may not be possible.
5.2 To amend or cancel your order, please contact me as soon as possible.
5.3 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.

Cancellation
6.1 Because of the perishable nature of Products and in order to assist us in resolving any complaints quickly, we advise you to make any complaint within 1 working day of the date of delivery or intended delivery of your purchase. (It is always helpful to see a photograph).
6.2 Once your Order has been accepted by us, if, for any reason, you wish to change or cancel your Order you can do so up to 14 calendar days afterwards, unless you have instructed us to provide the goods or services within that time in which case you have lost your right to cancel.  Outside of this time period it is at our sole discretion if we allow you to cancel.

On cancellation you will be responsible for the cost of :

• any of our time in performing the Services up to the date we stop providing the Services;
  
• any flowers, goods or other materials we are contractually committed to buying up to the date of termination (whether or not we need to pay for them before or after the date the contract between us and you is cancelled).

If we agree to allow you to cancel outside of the 14 day period any Booking Fee already paid by you will not be refundable. You will be required to pay to us a reasonable amount for the losses and costs (including loss of profit) we have suffered.

Disclaimer
7.1 Whilst we agree to use reasonable endeavours to ensure that this Online Site and/or the Online Service is fully operational and error-free I cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the Online Site and/or the Online Service and shall be released from my obligations under these Terms and Conditions in the event of any cause beyond my reasonable control which renders the provision of the Online Site and/or the Online Service impossible or impractical.
7.2 (a) We accept liability for death or personal injury arising from our negligence.
(b) Subject to clause 7.2(a), our liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your Order Form with us shall be limited to a multiple of 3 times the price you have paid for the Products.
(c) Subject to clauses 7.2(a) and 7.2(b) above we exclude all liability for any claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly out of or in any way connected with your use or inability to access the Online Site and/or the Online Service, whether arising in contract, tort (including negligence), under statute or otherwise PROVIDED THAT nothing contained in these Terms and Conditions affects or will affect your or the recipient’s statutory rights in relation to the quality, fitness or description of the Products supplied.
(d) Subject to clauses 1.5 and 4.3 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
8.1 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Online Site and/or the Online Service from time to time. We will post any changes on the Site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Online Service or Online Site. Changes will be effective five (2) hours after the posting of any such change and all subsequent dealings between you and us shall be on the new terms and conditions.
8.2 Additionally, we reserve the right to suspend, restrict or terminate access to the Online Site and/or the Online Services for any reason at any time.
8.3 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Online 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.
8.4 We shall ensure that we comply with the requirement of all current data protection legislation including, without limitation, the Data Protection Act 1998 (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.
8.5 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 1999 to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists apart from that Act.
8.6 Save 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.
8.7 Your purchase will be deemed to have occurred in the UK. These Terms and Conditions shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English courts.