TERMS & CONDITI   NS

Flower Posies

Terms and Conditions

IF YOU’RE NOT HAPPY FOR ANY REASON WE'LL AIM TO PUT IT RIGHT.

JUST LET US KNOW AND WE’LL AIM TO SEND A REPLACEMENT POSY OR OFFER A REFUND.

By placing an order on this website, you are agreeing to the following terms and conditions:

1. ORDERS AND CANCELLATIONS

  1. Order Acceptance Policy

All orders and subscription requests received are subject to acceptance by GINGHAM FLORALS LTD (GINGHAM) and any of its personnel, reserve the right, at our absolute discretion, to reject any order without giving reasons. In the event of rejection, we will refund or cancel any payments received in full, via the payment method used to place the order. Gingham Florals only accepts orders to addresses in the United Kingdom including Northern Ireland only orders to such addresses will be processed.

  1. Timing of your order

Our flowers arrive fresh every morning (we're early birds!). We process all orders fresh each morning and get them into the postal system by midday. Therefore your order is usually processed and posted the following day with the freshest flowers.

 

Order on Monday expected delivery Wednesday*

Order on Tuesday expected delivery Thursday*

Order on Wednesday expected delivery Friday*

Order on Thursday expected delivery Saturday*

Orders placed on Friday, Saturday and Sunday will be processed on Monday morning for delivery on Tuesday*

 

*Subject to Royal Mail delivery operations 

  1. Changes to your order

If you wish to change your order or subscription, please do so by contacting customer services at www.ginghamflorals.com/contact-us or email contact@ginghamflorals.com We'll always do our best to make last-minute changes for you, but we can only guarantee changes (including to the delivery address and in relation to card messages) that are requested by 9am, 3 days before the intended delivery date.

  1. Cancellation policy

One-off orders can be cancelled by 6pm, before the intended dispatch date and a full refund will be issued. The easiest way to cancel your order is via the contact page www.ginghamflorals.com/contact-us or by emailing contact@ginghamflorals.com 

  1. Pausing or cancelling your subscription

If you wish to change your subscription, please do so via our contact page www.ginghamflorals.com/contact-us or by emailing contact@ginghamflorals.com You can pause or cancel a subscription at any time by providing notice to us by 9am 3 days before any intended delivery within your subscription plan. In such circumstances the pause or cancellation will take effect without charge. In such circumstances, if your card has already been billed (see paragraph 2.2 for billing timings), we will issue a full refund. Where notice is provided after that time, please note you will still receive and be charged for your next delivery (as we will have already started cutting your flowers), but your pause or cancellation instruction will take effect after that delivery. At peak periods we begin processing orders earlier than usual, to account for the large volume of deliveries. This means that we may need up to 5 days notice for any changes to be made. Our subscriptions are intended to be ongoing with multiple deliveries, and whilst you are welcome to pause or cancel at any time, we reserve the right to cancel subscriptions if we consider this is being abused.

  1. Subscription prices

The price for each order within a subscription is the price at the time that a subscription is set up, minus any discounts which only apply to the first delivery. We reserve the right, at our absolute discretion, to raise our prices at any time for reasons including, but not limited to price increases from our suppliers and partners. If we raise our prices, we will notify our subscribers and provide the option to cancel your subscription free of charge.

2. PAYMENTS

  1. We accept  Visa, Mastercard, Discover, AMEX, Diners, CUP, JCB and Maestro credit and debit cards as well as Paypal. In order to offer the best security, all our payments are processed securely by Wix Payments or, if selected as a payment option, Paypal.

  2. For all ongoing subscriptions, your credit or debit card will be billed at checkout for your first delivery only. For ongoing deliveries, you will be billed on a recurring basis every month in which a delivery is scheduled. The amount your card will be billed in any given month will be the value of your order(s) for the given month.

  3. For all gift bundles, your credit or debit card will be billed upfront on checkout for the entire cost of the subscription.

  4. If you create an account and enter your payment details, your card will be stored securely by Wix Payments so that you can check out on future visits without re-entering your card details.

  5. We never store or have access to your credit or debit card details.

3. PRICES

All prices exclude delivery charges unless otherwise stated. All prices include VAT unless otherwise stated.

 

4. DELIVERY POLICY

How we process your order 

Our flowers arrive fresh every morning (we're early birds!). We process all orders fresh each morning and get them into the postal system by midday. Therefore your order is usually processed and posted the following day with the freshest flowers.

 

Order on Monday expected delivery Wednesday*

Order on Tuesday expected delivery Thursday*

Order on Wednesday expected delivery Friday*

Order on Thursday expected delivery Saturday*

Orders placed on Friday, Saturday and Sunday will be processed on Monday morning for delivery on Tuesday*

 

*Subject to Hermes delivery operations 

Hermes is our preferred delivery partner. For flowers we use a next day delivery service and our postal boxes fit through most UK letterboxes. We considered other shipping providers but the numbers speak for themselves - Hermes delivery is 98% assured to arrive within 24 hours of posting.

 

However there is a small chance the delivery may arrive a day later than expected. If your box does not arrive, or arrives damaged, we will offer a replacement. For a refund we will need to wait until after 7 working days have passed, in line with Hermes delivery terms.

We have specifically designed our posies using flowers which can be kept out of water for more than 48 hours. We also send flower care information explaining that the flowers must be put in water and cut immediately after arriving with the customer. If you believe that your flowers are damaged or bad quality, you will need to provide photographic or video evidence and we reserve the right to determine the health of the flowers now in your possession. We only accept damaged claims 24hrs after delivery of your order.

5. OUR PROMISE, RETURNS AND REFUNDS

When large bouquets are too much but a posy is perfect we aim to delight our customers with the prettiest small bouquets.

Freshness

1. Our flowers are sent fresh and some stems in bud form meaning they will last longer with the recipient. We process our flowers daily and have specifically designed the posies using flowers that can be kept out of water for more than 48 hours. We also send flower care information explaining that the flowers must be put in water and cut immediately after arriving with the customer. The varieties chosen will revive over a 24/48 hour period to full bloom and gorgeousness! If you receive flowers that do not seem fresh, please contact us using the page www.ginghamflorals.com/contact-us or by emailing contact@ginghamflorals.com to let us know. If, at our sole discretion, the flowers do not meet our high freshness standards, we will give you the choice of a free replacement at our next available delivery date, or a refund. Please note that you will need to email us a photo of the un-fresh flowers within 72 hours of receipt in order to be eligible for a refund. If we offer you a refund, we will refund you the full amount within 3 days. Please note that banks might take an additional 3-5 days to refund the amount to your card

Damage

2. While our flowers are packed carefully to ensure they arrive as fresh and beautiful as when they left us, on a small number of occasions (and for reasons beyond our control) they may get damaged in transit. Should this occur to a level that you deem unacceptable, please contact us so that we can arrange a free replacement at our next available delivery date, or a refund. Please note that you will need to email us a photo of the damaged flowers in question within 72 hours of receipt of the flowers in order to be eligible for a refund. If we offer you a refund, we will refund you the full amount within 3 days. Please note that banks might take an additional 3-5 days to refund the amount to your card.

Non Delivery

3. While we do everything we can to make sure our flowers are delivered, sometimes mistakes do happen and deliveries don't turn up. If we fail to deliver your order (i.e. if your flowers have not arrived within 3 days of their intended delivery date) we will send you a free replacement on our next available delivery date, or a refund. If we offer you a refund, we will refund you the full amount within 3 days. Please note that banks might take an additional 3-5 days to refund the amount on your card.

Returns

4. Please understand that due to the perishable nature of flowers, we are unable to accept returns. We offer customers refunds or replacement flowers if the flowers are not delivered to an acceptable quality, as detailed above.

Flower availability and substitution

5. All floral products are subject to availability. In the event of any supply difficulties or if the flowers we have received from our growers that are needed to make up your order do not meet our high quality standards, we reserve the right, at our absolute discretion, to substitute any product with an alternate product of a similar style and equivalent (or greater) value and quality.

6. OFFERS AND PROMOTION CODES

  1. At our discretion, from time to time, we may offer products at discounted prices. These offers are valid from the time that we introduce them to the end date of the offer and they cannot be used for purchases before the offer introduction date or after the offer end date.

  2. In the event that a customer has made a purchase and the price of the purchased product subsequently falls or is discounted owing to a special offer, the price of the product at the time of purchase shall prevail. We are unable to offer special offer discounts for purchases that have already been made.

  3. As our special offers are contingent on availability, we may change the terms of special offers and promotional codes, or withdraw them altogether, at any time, and without prior notice.

  4. We also reserve the right, at our absolute discretion, to offer different personalised special offers and promotions and it will therefore only be possible for the customer in receipt of the special offer to redeem the discount.

  5. Unless explicitly otherwise stated, free or discounted introductory offers are only available to new users of the Gingham Florals service, and are only available once to any one household.

  6. Discounts and credits cannot be used in conjunction with any other offers.

  7. We only allow one promotion code to be used per order.

  8. Except where otherwise stated, discounts and credits are available only once to any one person.

  9. Credit expires 12 months from the date that it is added to an account

  10. We reserve the right, at our absolute discretion, to expire or revoke credit, or to temporarily remove the ability to redeem credit on our site.

  11. Except where otherwise stated, discounts and credits can be redeemed against letterbox, and gift products

  12. Unless otherwise specified, discounts are only valid for single letterbox purchases and are not valid for bundles, gift subscriptions or regular subscriptions.

  13. Except where otherwise stated, voucher discounts and credits cannot be redeemed against or applied to orders placed during key peak periods where supply is limited. These include, but are not limited to, 7 delivery days up to and including Valentine's Day and Mother's Day.

  14. Discounts and voucher codes cannot be redeemed against courier delivery charges, percentage discount vouchers are applied only to the posy cost unless otherwise stated.

7. CIRCUMSTANCES BEYOND OUR CONTROL

  1. Adverse weather conditions

During adverse weather conditions (including but not limited to heavy snow, ice, flooding or high winds), our delivery partners may not be able to deliver orders on time. This is outside of our control and we cannot accept responsibility for the late delivery of the order. Therefore, in the event of adverse weather conditions, we aren't able to refund or offer re-delivery of affected orders.

  1. Force Majeure

Gingham Florals shall not be liable for delay in performing or for failure to perform its obligations if the delay or failure results from any of the following: (i) Acts of God, (ii) outbreak of hostilities, riot, civil disturbance, acts of terrorism, (iii) the act of any government or authority (including refusal or revocation of any licence or consent), (iv) fire, explosion, flood, fog or adverse weather, (v) power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles, (vi) default of suppliers, sub-contractors or delivery partners, (vii) theft, malicious damage, strike, lock-out or industrial action of any kind, and (viii) any cause or circumstance whatsoever beyond Gingham Florals reasonable control.

8. OUR LIABILITY

  1. Subject to clause 5.2, 5.3 and 5.4, whilst we agree to use all reasonable endeavours to ensure that the Gingham Florals service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any interruption of the Gingham Florals 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 Gingham Florals service impossible or impractical.

  2. 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 Gingham Florals 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.

9. CUSTOMER AND RECIPIENT PERSONAL INFORMATION

  1. To ensure that we can communicate effectively with both customers and recipients, it is very important that you provide accurate personal information.

  2. Please remember that we value your privacy and will never lease, rent or sell your private information. For more information, please see our privacy policy.

  3. During the checkout process, we ask for the following personal information:

    1. Customer's email address We use this information to provide a better customer experience by sending order confirmations, substitution information, dispatch confirmations and delivery confirmations. We will also use the customer's email for marketing communications from time to time. Please ensure that email addresses are accurate.

    2. Customer's full name and address We use this information for credit and debit card validation.

    3. Customer's telephone number We use this information to contact customers in the event of problems with the order such as payment failures or delivery issues.

    4. Recipient's full name and address We require this information in order to deliver the flowers you have ordered. It is vital that the recipient's address is accurate.

10. GENERAL

  1. We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Gingham Florals site and/or the Gingham Florals service from time to time. We will post any changes on the Gingham Florals site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Gingham Florals service or Gingham Florals 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.

  2. We do not guarantee that our website, mobile applications or services will be uninterrupted or error-free and we will not be responsible for any losses arising from such errors or interruptions. Additionally, we reserve the right to suspend, restrict or terminate access to the Gingham Florals website, mobile applications and/or the Gingham Florals services for any reason at any time for repair, maintenance, improvement or other technical reason, and to make changes to them.

  3. These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Gingham Florals 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.

  4. 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.

  5. 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.

  6. Your purchase will be deemed to have occurred in the UK for deliveries to an address in the UK. In the event of a delivery to an address in the UK, these Terms and Conditions shall be governed by and construed in accordance with United Kingdom laws and the parties agree to submit to the exclusive jurisdiction of the courts of the United Kingdom. 

  7. Thank you for your order, and we hope your Gingham Florals experience will be a pleasurable one.

 

11. REGISTERED OFFICE AND TRADING ADDRESS

Gingham Florals, 1 Kestell Drive Cardiff CF117BF

Privacy Policy

This privacy policy sets out how Gingham Florals uses and protects any information that you give Gingham Florals Limited when you use this website. Gingham Florals is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Gingham Florals may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

This privacy policy was last updated on 23rd September 2020.

1. WHAT WE COLLECT

  1. We may collect the following information: a) Name, b) Contact information including email address and, in some instances, telephone number, c) Demographic information such as postcode, preferences and interests, d) Other information relevant to customer surveys and/or offers or competitions e) Facebook user id if you created an account with Gingham Florals using Facebook, f) recipient names, addresses and related occasions where you have either sent a posy to such recipient or saved such details in your account, g) IP address h) information connected with reviews you leave on our website or app i) your marketing communication preferences j) details of the device with which you transacted with us h) your purchase history with us i) your browsing history on our website or app.

  2. We use different methods to collect data from and about you including through you using our website or app, filling in forms or by corresponding with us by post, phone email or otherwise. We may also collect data from you by using cookies. 

  3. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information, from third party service providers and/or partners, and combine it with information we have about you in order to improve the service and marketing that you receive from Gingham Florals.

2. WHAT WE DO WITH THE INFORMATION WE GATHER

  1. We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  2. Where the information is necessary for the adequate performance of the contract between you and us for us to provide our services

  3. For customer service and resolution purposes

  4. Internal record keeping.

  5. We may use the information to improve our products and services.

  6. We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided and we may personalise such content based on what we believe may be of interest to you.

  7. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone or mail.

  8. We may use the information to customise the website or app according to your interests.

  9. We may use the information to send you relevant, personalised communications by post in relation to updates, offers, services and products. We’ll do this on the basis of our legitimate business interest. You are free to opt out of hearing from us by post at any time by writing to or emailing us at contact@ginghamflorals.com

  10. From time to time, we may use re-marketing and behavioural targeting services. In order to do these, we collect cookies and usage data as described below in the “How We Use Cookies” section. These cookies connect activity on this website or app with select advertising networks.

  11. We may use the information for the purposes of fraud detection and prevention and enhancing safety on our website and app.

We have a legitimate interest in obtaining and using the information as set out above in being able to provide and improve the service and marketing that you receive from Gingham Florals. You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications or contacting Gingham Florals by emailing contactc@ginghamflorals.com

3. WHO WE SHARE YOUR INFORMATION WITH

In order to provide our services, we may need to provide your information to our trusted third party partners, for example:

  1. Our supply and fulfilment partners in order to ensure we can process and complete your order;

  2. Our marketing partners in order to offer you services and products that may be of interest to you;

  3. Our technology partners to ensure we can provide a safe and secure site and improve the performance and relevance of our site to you;

  4. Our customer service platform providers so you can interact with our customer service team;

  5. Our professional services partners in order to comply with our legal obligations;

  6. It is possible we could sell our business to a third party or re-organise our business or become insolvent. In that scenario, our database of customers is one of the biggest parts of that business and so we would need to share it with the third-party buyer and their advisers. This is in the legitimate interests of selling our business. We may also expand our group of companies and in this scenario we may share your data within our group in order to improve our products and services and because of some of our internal support services may be shared across the group. This is in our legitimate interests of cost efficiency and growing our business. Where this occurs, we will post a link to all group companies and their locations in this Privacy Policy and they will use it in the ways set out in this Policy;

  7. We will cooperate with all third parties to enforce their intellectual property or other rights. We will also cooperate with law enforcement requests from within or outside your country of residence;

  8. Where you have consented to such, our competition and brand partners

From time to time, we may need to transfer your data to trusted third party partners in countries outside of the EU in order to complete the activities listed above. In such an event, we will ensure that those third party partners comply with all relevant data protection legislation in force in the EU from time to time.

4. SECURITY

  1. We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we use a trusted web hosting service to safeguard and secure the information we collect online.

5. HOW WE USE COOKIES

  1. A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

  2. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website and app in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

  3. Overall, cookies help us provide you with a better website and app, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website and app. The ICO provide an extensive explanation of the ways that you can block cookies, please visit https://ico.org.uk/for-the-public/online/cookies/ for more information on how to block cookies.

6. LINKS TO OTHER WEBSITES

  1. Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

7. CONTROLLING YOUR PERSONAL INFORMATION

  1. You may exercise any of the rights described in this section by sending an email to contact@ginghamflorals.com Please note that we will ask you to verify your identity before taking further action on your request. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

  2. Rectification of Inaccurate or Incomplete Information. You have the right to ask us to correct inaccurate or incomplete personal information concerning you.

  3. Data Access and Portability. You have the right to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).

  4. Data Retention and Erasure. We generally retain your personal information for a period of six years after your last active use of our website or app (in line with our legal obligation to keep order information for this duration for tax, legal reporting and auditing obligations). If you no longer want us to keep your information, you can request that we erase your personal information and close your Gingham Florals Account. Please note that if you request the erasure of your personal information:

a. We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend a Gingham Florals Account for fraud or safety reasons, we may retain certain information from that Account to prevent that user from opening a new Gingham Florals Account in the future.

b. We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, we may keep some of your information for tax, legal reporting and auditing obligations.

c. Additionally, some copies of your information (e.g. log records) may remain in our database, but are disassociated from personal identifiers.

  1. Withdrawing Consent and Restriction of Processing. Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you. Where you have provided your consent to the processing of your personal information by Gingham Florals you may withdraw your consent at any time by by sending a communication to Gingham Florals specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, you have the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing pursuant to paragraph 7.7 and pending the verification whether the legitimate grounds of Gingham Florals override your own.

  2. Objection to Processing and Profiling. You are entitled to require Gingham Florals not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing Gingham Florals will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.

  3. Data Security. The security of our your data is very important to us. With this in mind we will take all appropriate steps to protect your data and will treat it with the utmost care and attention. We use ‘https’ technology to secure access to all areas of our websites and apps. Access to your personal data is password-protected, and sensitive data such as payment card information is held securely by our 3rd party payment providers. We ensure that our systems are regularly monitored for possible vulnerabilities and attacks.

  4. Lodging Complaints. You have the right to lodge complaints about the data processing activities carried out by Gingham Florals before the Information Commissioner's Office. In the UK, please read: https://ico.org.uk/for-the-public/raising-concerns/ for details of how to do this. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

  5. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at contact@ginghamflorals.com

  6. We will not sell, distribute or lease your personal information to third parties unless we have your permission, are required by law to do so or it is required for the provision of our services as detailed above. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.