Terms & Conditions

General

Welcome to the Floric.co.uk website terms and conditions for use.  These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by these terms and conditions.  These terms and conditions do not affect your legal rights.  If you do not agree to be bound by our terms and conditions, we regret that you may not use or access this website.  Before placing an order, please read our terms and conditions carefully as they contain important information.  If you have any questions regarding our terms and conditions, please contact Floric Customer Services on 0845 1 22 44 66 (Option 2) during office hours or e.mail us at MyOrder@Floric.co.uk 

All calls to 0845 1 22 44 66 are charged at the local rate (BT users only, charges from other network providers may vary).  All calls to Floric.co.uk may be recorded for quality monitoring and training purposes.

Definitions

"Terms and Conditions" means these Terms and Conditions
"Website" means the website located at
www.Floric.co.uk or www.FloriQ.co.uk or www.FloriQ.com
"Product" means a product displayed for sale on the website
"Floric" means Floric, the internet trading division of Hortic Express Limited
"FloriQ" the former trading name of Floric
"We/Us" means Hortic Express Limited
"Hortic Express" means Hortic Express Limited
"You" means a user of this website
"United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands
"Working Day" means any Monday, Tuesday, Wednesday, Thursday or Friday excluding all Bank holidays and all Public holidays. 

Ownership

This site is owned and operated by Floric, the internet trading division of Hortic Express Limited.
Registered Office: 1-4, London Road, Spalding, Lincolnshire, PE11 2TA.

Registration Number: 3898900 (England and Wales).

Vat No: GB750 8851 14.

If you have any comments on, or complaints about, our service please email us at CustomerService@floric.co.uk or telephone us on 0845 1 22 44 66 (Option 2).

Access

You are provided access to this Website only in accordance with these Terms and Conditions and any orders that you place must be placed strictly in accordance with these Terms and Conditions.

Intellectual Property and Ownership of Rights

All rights, including copyright and intellectual property rights, in this website are owned by or licensed to Hortic Express. 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 Hortic Express. You may not modify, distribute or re-post anything on this website or from this website for any purpose.

Our Rights

Floric reserve the right to modify these terms and conditions from time to time without prior notice. It is your responsibility to check our Terms and Conditions regularly to determine whether our Terms and Conditions have changed. Any changes will take effect on the date they are posted on this website.  If you continue to use this website following any such change then you shall be deemed to have accepted the same.  If at any time you do not agree with any change to our Terms and Conditions you must stop using our website immediately.

Floric reserve the right to withdraw, temporarily or permanently, this website (or any part of the same) with or without notice to you and you confirm that we shall not be liable to you or any third party for any such withdrawal.

It is hereby expressly agreed that in the event of us being liable to you then our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to the price agreed for the Goods or the appropriate portion thereof and we shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (however caused) which arise out of or in connection with the Contract.

Accuracy of Content

Floric has taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. All prices are displayed inclusive of VAT unless otherwise stated. Packaging may vary from that shown. The weights, dimensions and capacities where given are approximate.  We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery. To the extent permitted by applicable law, Floric disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. Floric shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.   Flowers may be delivered in bud to prolong their vase life.  All products are subject to availability and in the event of supply difficulties we reserve the right to substitute and item of equivalent value.  We will inform you as soon as possible if the goods you have ordered are not available.

Impersonation of Other Persons

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use or a false address or an address that you are not authorised to use.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions by you or any other liabilities arising out of your use of this Website.

Paying for your Goods and Services

All prices displayed on this website are inclusive of VAT (where applicable) at the prevailing rate and are correct at the time of entering the information onto the website. The total cost of your order is the price of the Products ordered plus any applicable delivery charges.

If you are paying by a credit or debit, you confirm that the card is yours and that you are entitled to use it. Every credit or debit card transaction is subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

Acknowledgment and Acceptance of your Order

If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order. Our acceptance of your order will take place upon dispatch of the product(s) ordered.

Floric reserves the right to decline acceptance of your order if (but not limited to), (i) you fail to meet any eligibility requirements as set out in these Terms & Conditions, or (ii) the product that you ordered is unavailable from stock, or (iii) we are unable to obtain authorisation for your payment, or (iv) we identify an error in the pricing or product description.

Ordering Errors

We will require the full name and delivery address including valid postcode of the recipient.  We cannot be held responsible for delayed orders, lost orders, or non-delivery if any of the address information supplied by you is incorrect.  You are able to correct errors on your order up to the point at which you click the "Make Secure Online Payment" button on the final page of our ordering process.

Order Cancellation and Your Right to a Refund

We are unable to offer a refund or exchange on perishable goods (such as flowers, plants and food) unless they are faulty. You accept that the distance selling regulations do not apply. If you have made a mistake with your order or have changed your mind, we can amend or cancel your order if the order has not been despatched.  We regret that we are unable to change or cancel an order after despatch. 

For all other non-perishable products purchased from this site and under the distance selling regulations you do have the legal right to cancel your order within seven working days of receipt of the goods.  You will only be able to exercise your right if you are able to return to us (at your own expense) the goods you ordered undamaged and in the same condition as the time of delivery.  Goods should be returned to Floric, Hortic Express Limited, Harvey's Barn, Day's Lane, Donington, Spalding, Lincolnshire, PE11 4XT.

Intoxicating Liquor and Merchandise Containing Alcohol

Floric may offer for sale intoxicating liquor or products that contain intoxicating liquor. For clarity intoxicating liquor is defined as a drink containing more than 0.5% of alcohol by volume (0.5% abv).  Pursuant to the Licensing Act 2003 it is an offence to purchase or attempt to purchase alcoholic liquor if you are under the age of 18 years, or liqueur confectionery if you are under the age of 16 years.

If your order includes the sale of liqueur confectionery, you confirm that you are over the age of 16 years and that you are buying the same for a person who is also over the age of 16 years.

If your order includes the sale of alcoholic liquor you confirm that you are over the age of 18 years and that you are buying the same for a person who is also over the age of 18 years.

Floric is committed to uphold both our legal and social obligations as a purveyor of intoxicating liquor and employ control measures throughout the purchase and distribution process.  Floric reserves the right to confirm your date of birth and to deliver goods only to persons over the age of 18 years.  In placing an order for intoxicating liquor or merchandise containing alcohol, you agree to provide Floric or its agents with truthful and accurate information and act in accordance with the Licensing Act 2003.

Nut Allergy Sufferers & Vegans

Please note that all confectionery products may contain nuts, nut traces or nut oils and are NOT suitable for nut allergy sufferers.   All confectionery products are unsuitable for vegans.

Gift Messages

The Gift Message Service is for your own personal and non-commercial use. You are entirely responsible for any text or other material that you post or send on this message system and Floric accepts no liability for any such content. You agree that any messages that you request us to send on your behalf to a third party will not contain anything that could be construed as, threatening, harassing, abusive, vulgar, obscene, defamatory, racist or that may cause embarrassment or distress to any person or be otherwise unlawful or objectionable. You agree that you will not impersonate any person.

We do not pre-screen messages, but may monitor the content from time to time. We reserve the right to refuse to send any message.

Delivery by Courier

Standard deliveries will be made at any time Monday to Friday between 7am and 7pm and Saturday 7am to 1pm.  For Monday delivery, orders must be placed by 4pm the preceding Friday and goods will be dispatched on the Friday.  There are no deliveries on Sundays or Bank Holidays.  Any orders placed for delivery on these days will be re-scheduled without notice for the next available delivery day.

We can provide next day delivery (Monday to Friday) to most UK addresses, including England, Wales and Southern/Central Scottish mainland and Isle of Wight. For Saturday delivery there will be an additional delivery charge.

We are not able to provide a Saturday service to the Scottish Highlands, Scottish Islands, Isles of Scilly, Isle of Wight or the Isle of Man.  For full details of the delivery areas and associated costs, please visit the delivery information section of this website.

Please note that there are no deliveries on Sundays, Bank Holidays or Public Holidays including Christmas Day, Boxing Day, New Year's Day and Mother's Day (Mothering Sunday). Floric regrets that it is not possible to deliver to Post Office (P.O.) boxes, shipping agent addresses or BFPO (British Forces Post Office) addresses and certain Scottish Islands. We are happy to accept orders from customers living in countries outside the United Kingdom.

We realise that occasionally we may try to deliver an order and you (or the intended recipient) may not be at the delivery address.  If this situation occurs we will attempt to leave the parcel with a neighbour or in a safe place (at the absolute discretion of delivery driver) at the premises.  If your delivery is left in a safe place Floric shall not be liable to any person for any loss or damage which may arise thereafter, howsoever caused, If no safe place is available (at the absolute discretion of the delivery driver) a card will be left with a contact number for the recipient to call.  They can either agree a convenient time for delivery or arrange to collect the parcel themselves from the courier's depot. Each time an attempt is made, our courier will leave a card at the delivery address confirming that they have tried to deliver. After two failed delivery attempts your parcel will be returned to Floric.  If your parcel is returned to us under these circumstances, no refund will be given.  Once the returned goods are received at Floric you will still be entitled to have the same goods in their original packaging rescheduled for delivery to the same address or an alternative address of your choice if you agree to pay the additional delivery charges. 

Delivery by Royal Mail (1st Class Post and Tracked 24)

If you choose to have your order delivered by Royal Mail, your order will be posted on the working day prior to the delivery date that you have specified on your order.  The actual delivery date for items delivered by Royal Mail cannot be guaranteed.  It is possible that your order may arrive before the date that you specify on your order.  If you require a guaranteed delivery date, you can either select an item from the courier delivered ranges or alternatively upgrade your delivery to a courier service at additional cost.

Please allow up to three working days for orders to be delivered from the time of ordering.  Items delivered by Royal Mail cannot be delivered on a Sunday or Bank Holiday.  It is not possible to specify the time of delivery.

We realise that occasionally the Royal Mail may try to deliver a postal or Tracked 24 order and you (or the intended recipient) may not be at the delivery address.  If this situation occurs the Royal Mail may in its absolute discretion attempt to leave the parcel with a neighbour or in a safe place at the premises.  If your delivery is left in a safe place Floric shall not be liable to any person for any loss or damage which may arise thereafter, howsoever caused, If no safe place is available (at the absolute discretion of the Royal Mail) a card will be left with a contact number for the recipient to call.  The Royal Mail does not attempt a re-delivery.  The onus rests with the recipient to contact the Royal Mail to arrange re-delivery or collection.  If the recipient is collecting for a Royal Mail Depot or Post Office Counter, you will need to take proof of identity with you.  Floric accepts no responsibility for the deterioration in quality if parcels are not collected in a timely manner.

Deliveries to Hospital Wards

You are advised that an increasing number of Hospitals will not permit flowers to be delivered to certain wards, especially Intensive Care and High Dependency wards.  If you are ordering flowers for delivery to a hospital it is your responsibility to ensure that you first determine from the ward that flowers will be accepted.  Floric will not accept any liability for non-delivery if a hospital ward refuses to accept the bouquet.  Under these circumstances no refunds will be entertained.

Deliveries to Business Addresses

Flowers sent to business addresses, including, schools, hospitals, military & office addresses may be delivered to a main reception or mailing room prior to internal distribution. We recommend that deliveries to business addresses be requested for a weekday. Floric does not accept any liability for non-delivery where the working hours of the business are outside the standard delivery schedules of our couriers.  We recommend the use of our 'by noon' delivery service to ensure delivery during 'office' hours.

Distribution Damages and shortages

Distribution damages or shortages must be notified within 24 hours of delivery, after which no claim shall be entertained.

Exclusions of Liability

Any disclaimers and exclusions of liability in these terms & conditions shall not apply to any damages arising from death or personal injury caused by the negligence of Floric or any of its employees or agents or fraud. These disclaimers and exclusions shall be governed by and construed in accordance with English Law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.  No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.  Each provision of these Terms and Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstance.

Other Legal Notices

There may be legal notices on other areas of this website which relate to your use of this website, all of which will, together with these terms & conditions govern your use of this website.

Harassment & Intimidation

Floric is committed to providing a safe working environment.  We will not tolerate any violent, abusive, intimidating or threatening behaviour towards our staff, our agents or any other person involved with our activities.  We will actively support victims and take appropriate action against the perpetrators.

Damage to your Computer

Floric makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. Floric shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

Third Party Links

Floric may provide links to other websites or resources for you to access.  Access to such websites or resources is at your sole discretion. You acknowledge and agree that, as you chose to enter the linked website Floric are not responsible for the availability of such external sites or resources.  Floric does not review or endorse and are not responsible or liable, directly or indirectly, for (i) the content of such websites or resources, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (ii) the privacy practices of such websites or resources, or (iii) the use to which others make of these websites or resources, or (iv) any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such websites or resources.

Use of this Website from outside the UK

Unless otherwise specified, this website is directed solely at those who access this website from the United Kingdom.  We make no representation that any products or services referred to on this website are appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.

Law, Jurisdiction and Language

This website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

Deliveries to Airport Terminal Buildings

You are advised that most airport operators will not permit parcels to be delivered to airport terminal buildings, as the unopened parcel is considered to be a potential security risk. If you are ordering for delivery to an airport, it is your responsibility to ensure that you first determine that the delivery location will accepted the delivery. Floric will not accept any liability for non-delivery if the airport authorities refuse to accept the delivery. Under these circumstances no refunds will be entertained.

Version Date: 6th March 2014