Term and Conditions

These terms and conditions (the "Terms and Conditions") are the terms and conditions upon which Magnolia the Florist Ltd ("we/us/our") make this website available to you and any of our services which are accessible on or via the site. These Terms and Conditions govern your use of the Magnolia web site and our service.

Products

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

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

Some flower and plant products may be harmful or poisonous, if you require further information before submitting an order please contact the our team using the contact details set out below.

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

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

If we are unable to offer Champagne or other finishing touches items with products ordered from selected ranges, this will be made clear upon receipt of your order.

For web-based orders placed after 14:00 GMT for same day delivery, these will be processed on the next working day. If you wish to place a delivery for the same day after that time please contact us via telephone as per our contact details below.

Products are delivered next day unless another delivery date is selected.

Selected products are not available for same day delivery or other special delivery services. Further information regarding product availability and delivery options will be presented when placing your order.

During our busy times at Christmas Eve, Valentines Day and Mothering Sunday it is advisable to order in advance where at all possible. Orders for Christmas Eve/ Valentines / Mothering Sunday must be received to us by 12:00 noon (GMT) on the previous day to guarantee delivery for that period.

Alcoholic gifts

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

Alcoholic gifts are distributed under the acknowledgement that the customer and the intended recipient are both over the age of 18 (eighteen).

Prices

Prices listed within our service are valid for a maximum of 14 days of submitting your purchase form.

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

Except where stated product prices exclude any delivery charges

Orders / Payment

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

We accept payment by all major credit and/or debit cards other than Diners, department store cards and any other credit and/or debit cards as we may specify from time to time we do not charge you a fee for this service. We do not hold any of your card information on our web site, or off line, you card will be processed by WorldPay / Streamline card processing services on our behalf.

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

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

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

Delivery

Except where stated, Standard Delivery is next day, and a charge of £7.99 will be applicable within the UK, Republic of Ireland, Isle of Man and Channel Islands.

If you request delivery to remote areas which are not normally delivered to by our service you will be advised of any additional charges as soon as possible upon receipt of your order.

Selected products are not available for delivery to certain areas - where possible we will advise you of these restrictions upon receipt of your order..

Whilst every effort will be made to deliver on your chosen date, the exact delivery date cannot be guaranteed. Please be advised that delivery may take place within 48 hours of your preferred delivery date.

Should you require your delivery to be made within a specific time period we are able to offer this additional special delivery services. Please note some services are subject to availability. This delivery option is not currently available when ordering online so please call 0800 085 3122 to place your order.

The special delivery service is offered to orders for delivery within the UK, Republic of Ireland, Isle of Man and Channel Islands. Should you require this delivery service, your order must be placed by 2pm, 24 hours in advance of the required delivery date (2pm Saturday in the case of Monday deliveries). This delivery service is offered subject to availability and may be withdrawn without notice during busy periods.

We will process orders received on Sundays or Public Holidays the next working day. Delivery is not available on Sundays (excluding Mothering Sunday) or public holidays, orders will be delivered on the next working day.

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

Certain products will be delivered during a delivery period, providing delivery within a time frame around your preferred delivery date - you will be advised of this at the time of placing your order.

Whilst we agree to use all reasonable endeavours to ensure that delivery will be on the requested delivery date or during the delivery period, you acknowledge that actual delivery will be via us or for certain orders via third party.

In very occasional circumstances delivery on the requested terms will not be possible, in such circumstances you will be given prior notice wherever possible and we shall either make alternative arrangements or reimburse your payment in full.

In the case of delivery to certain locations, such as offices, hospitals, Funeral Directors, airports, hotels, ships and other business locations, the signature of any person authorised to accept delivery on behalf of the organisation shall be accepted as proof of delivery to your chosen recipient.

Please be advised that some products are unsuitable for delivery to Funeral Directors, Hospitals, airports or ships – please contact our Customer Services for further information using the contact details set out below.

Please note that our carrier or third party , is only responsible for delivering to the address you quote (or to a neighbour if no one is at home) we regret that where the goods have been correctly delivered we cannot accept responsibility if the intended recipient has moved, or lives elsewhere, and the actual receiver refuses or fails to return item(s).

Where the carrier is unable to find someone to accept delivery they will either deliver to a neighbour or leave a card at the address for the recipient to make contact.

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

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

In the instance of there being difficulties in delivering your order to the intended recipient we or third party delivering your order reserve the right to contact the recipient using the contact details you provide at the time of placing your order.

When placing your order you are able to specify further delivery information using the 'Delivery Information' field provided. This is intended to provide further guidance to the party delivering your order which isn't included within your address information – for example to specify floor number, or hospital ward.

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 on your order to fulfil your order.

Before placing your order, please review delivery cut-off times & prices.

Cancellation

Orders may be amended or cancelled up to 3 working days before the intended delivery date.

To amend or cancel your order, please contact the our Customer Services Team from 9am until 5pm Monday to Friday and 9am until 2pm on Saturday using the contact details set out below.

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.

Customer Services

In the event that you are not satisfied with the our service any complaints should be addressed in the first instance to:

By email: cs@magnoliaflorist.co.uk

By telephone: 01536 713300

By fax: 01536 712300

By post:

Customer Services
Magnolia the Florist Ltd
27 High Street
Rothwell
Northamptonshire
NN14 6AD.

Our customer services team is available from 9am until 5pm Monday to Friday and 9am until 2pm on Saturday.

Because of the perishable nature of most products and in order to assist us in resolving any complaints quickly and to our mutual satisfaction, we advise you to make any complaint within 1 working day of the date of delivery or intended delivery of your purchase.

Disclaimer

(a) Whilst we agree to use all reasonable endeavours to ensure that the web site and/or our service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the Magnolia Web Site and/or our 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 Magnolia Web Site and/or our Service impossible or impractical.

(b) We accept no liability for death or personal injury arising from our negligence

(c) Subject to clause b, our liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your order with us shall be limited to a multiple of two [2] times the price you have paid for the products.

(d) Subject to clauses b and c 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 Magnolia Web Site and/or our 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.

(e) 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.

Use of Magnolia discount voucher codes

Magnolia discount voucher codes (also abbreviated to 'Voucher codes') can only be used against purchases made on Magnoliaflorist.co.uk for delivery to UK addresses only.

Please note we are unable to accept other Gift Vouchers or Flora-Cheques on Magnoliaflorist.co.uk

Voucher codes must be entered in the relevant section of the order process on magnoliaflorist.co.uk. We are unable to apply a discount to orders already placed.

Voucher codes are usually restricted to one use per customer and should not be passed on to additional recipients.

Voucher codes may also be set to a maximum number of redemptions - if we are not able to accept the discount code you have entered it will be because the code has expired or maximum redemption level for promotion exceeded. We will advise you accordingly in the order process and the discount will not be applied.

Selected voucher codes may be restricted for use against specified products - where possible, details of any restrictions will be communicated at the point where we promote the voucher code to you.

Voucher codes cannot be exchanged for a cash alternative or used in conjunction with any other promotions.

Where the voucher code entitles you to a percentage discount, the discount will not be applied to the delivery charge

Voucher codes may be withdrawn, or suspended without notice for any reason. We will advise you within the order process if we cannot accept the discount code you have entered.

We cannot be held responsible for non-availability of magnoliaflorist.co.uk, which may prevent use of Voucher codes.

Changes to these terms of use may be made at any time.

General

We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Magnolia Web Site and/or our service from time to time.

We will post any changes on the Magnolia Web Site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the our service or Magnolia Web 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.

Additionally, we reserve the right to suspend, restrict or terminate access to the Magnolia Web Site and/or our services for any reason at any time.

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

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.

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.

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.

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.

Intellectual Property

All other rights, including copyright, in this website are owned by Magnolia the Florist Ltd, apart from where we have permission from the copyright holder(s). 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 Magnolia the Florist Ltd. You may not modify, distribute or repost something on this website for any purpose.

In order to provide the Service, we will hold certain personal information. Except to the extent that we are required or permitted by law, any personal information that we collect will be used solely for the purposes of providing the Service

When you register with the Service you will be required to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us immediately. Should you forget your password, please use the password reminder service.

If Magnolia has reason to believe that there is likely to be a breach of security or misuse of the Service or site, we may require you to change your password, or may suspend use of the Service.

You must ensure that the details you provide on registration or at any time are correct and complete.

You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. You can update the details you have given us at any time by going to My Account area of the website OR emailing cs@magnoliaflorist.co.uk. This will ensure that the Service we provide is accurate and up to date. Please also visit this page OR email us if any of the information that we hold about you is incorrect or needs updating, or if you want us to delete any personal information.

Use of the Service is intended to assist with purchases to be made via the site. The Service must not be used for the following purposes: Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material. Gaining unauthorised access to other computer systems. Interfering with any other person's use or enjoyment of the Site.

Magnolia reserves the right to refuse to post material on the Site, or to remove material already posted on the Site.

Whilst we take every reasonable precaution and care in relation to the Service, we do not make any representation or warranties of any kind (express or implied) with respect to the contents or operation of this Service, and any such representations and warranties are excluded by this notice. We do not warrant that use of the Service will be uninterrupted or error free.

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

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

By email: cs@magnoliaflorist.co.uk

By telephone: 01536 713300

By fax: 01536 712800

We have obligations in relation to your personal information under the Data Protection Act 1998. Some of the information you provide may be "sensitive" information under the Act (i.e. information on "delicate" matters, including race, political opinions, religion, trade union membership, physical or mental health or condition, sexual life etc). By registering for the Service and providing your details, you agree to us using information in the way set out above. Where you provide information about other people (for example their date of birth, or their address) you also confirm that have the consent of these people to provide us with that information.