TERMS & CONDITIONS (Including website Policy)
Floralfair TERMS & CONDITIONS
Updated on 30 April 2018
Floralfair General Terms & Conditions
Www.floralbox.com is provided by Manorial Enterprises with registered offices at Limepark, Ardrahan, Co. Galway (hereinafter referred to as “Floralfair”).
Purchasing from Floralfair is governed by terms and conditions which are outlined in the terms and conditions area of www.floralbox.com. These terms and conditions are important and protect you and us. Please take the time to read the terms and conditions carefully. If you have any questions about the terms and conditions please email Floralfair at Michael@floralbox.com
Acknowledgement and acceptance
This Agreement ("the Agreement") outlines the terms and conditions governing your purchases from Floralfair and it is your responsibility to read and understand them. Through registering with and/or purchasing from Floralfair you agree to be bound by these terms and conditions.
Floralfair reserves the right at any time and from time to time, to modify or amend this Agreement and/or any part thereof. Customers understand and acknowledge that the most recent version of this Agreement will be located on www.floralbox.com . Customers non-termination of registration or continued purchasing of products from Floralfair constitutes an affirmative acknowledgement by the Customer of any modification to this Agreement and consent to be bound by its terms. A Customer may terminate his/her registration at any time if he/she does not agree with the terms of this Agreement.
Terms of Registration
Www.floralbox.com is for the use of residents of Ireland, the United Kingdom, France, Italy, Portugal, Spain. Residents of other countries may be able to register on www.floralbox.com, but may not be able to purchase.
Each Customer account must only be accessed by the Account Holder, and may not be accessed by any other user, without the express permission and authorization of Floralfair.
No more than one Floralbox.com account can be held by any one individual. Floralfair can request proof of identity in the event of a dispute.
In the event of access by another user, Floralfair reserves the right to suspend both accounts until both users are in contact with Floralfair and identity has been established. The user shall retain access to floralbox.com but will not have any access or permission to purchase, until the Account Holder has personally been in touch with Floralfair and Floralfair is completely satisfied that all terms and conditions are complied with.
In the event of regular access by a user other than the Account Holder, Floralfair reserve the right to refuse an order and freeze the account, for which the Customer will have no recourse against Floralfair.
Floralfair reserves the right to change the range of products and offers available, as well as the price of products from time to time and any such change will be communicated via www.floralbox.com.
Floralfair may from time to time adjust a Customer’s account upwards or downwards in respect to accounting errors, refunds issued or suspected fraud, for which we have full authority.
Floralfair reserves the right to suspend any account that has been dormant for a period of 3 years or more. Floralfair will attempt to contact the member, via their nominated email address, if their account is at risk of suspension through inactivity. In the absence of a satisfactory response, the account will be suspended. An inactive account is deemed to be one which has not purchased from the website for a period of 36 continuous months.
Links to third party sites
Links included within www.floralbox.com may let you leave www.floralbox.com and enter into other website(s) ("linked site(s)"). The linked sites are not under the control of Floralfair and Floralfair is not responsible for the contents of any linked sites or any link contained in a linked site or any changes or updates to such sites. Floralfair is only providing these links to you as a convenience and the inclusion of any link does not imply endorsement by FLoralfair of the site or any association with their operators.
You acknowledge that all trademarks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trademarks and other intellectual property rights in and relating to Floralfair and www.floralbox.com (hereinafter referred to as "Intellectual Property") are solely owned by Floralfair. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Intellectual Property. All other trademarks, product names and company logos cited herein are the property of their respective owners.
All website design, text, graphics, the selection and arrangement thereof and all software are copyright of Floralfair (Manorial Enterprises). ALL RIGHTS RESERVED.
Submissions to Floralbox.com
Also by submitting your contribution to Floralfair you declare that your submission is your own original work and that you have the right to make it available to Floralfair for all the purposes specified above.
You declare that the submission is not defamatory and does not infringe any law and indemnify Floralfair against all legal fees, damages and other expenses that may be incurred by Floralfair as a result of your breach of the above declaration and waive any moral rights in your contribution for the purposes of its submission to and publication on floralbox.com and the purposes specified above.
If you do not want to grant to Floralfair the rights set out above, please do not submit your contribution to Floralfair.
Limitation of Liability
Floralfair shall not be liable for any damage, whether direct, indirect, incidental, special or consequential relating to purchasing from or the use of Floralfair’s products. Under no conditions and in no event shall Floralfair be liable for any direct or indirect, incidental, consequential, special or exemplary damages or loss howsoever arising, (including but not limited to negligence or breach of this Agreement or otherwise) or for any loss of data, profit, revenue, goodwill or business howsoever caused even if that loss or damage was foreseeable by, or the possibility of it was brought to the attention of Floralfair.
Although rigorous protocols are applied to the website Floralbox.com does not make any warranty that the website is free from infection by viruses or anything else that has contaminating properties.
Floralfair does not accept any liability for any losses or claims arising from any inability to access the floralbox.com website.
Indemnity and waiver
You hereby agree to indemnify and keep indemnified Floralfair its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from your use of and from material posted on the www.floralbox.com or resulting from any breach of this Agreement whether such breach is carried out by you or by any other person through your account, arises out of your data, your use of www.floralbox.com, your connection to www.floralbox.com website or your violation of any third party rights. Furthermore, you hereby acknowledge that any material downloaded or otherwise obtained through the use of www.floralbox.com website is done at your own discretion and risk and that you waive any right to bring any claim or action against Floralfair or its successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from use of www.floralbox.com website.
The materials contained in www.floralbox.com may contain inaccuracies and typographical errors. Floralfair does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through www.floralbox.com. You acknowledge that any reliance on any such opinion, statement, memorandum or information shall be at your own risk. Floralfair reserves the right in its sole discretion to correct any errors or omissions in any portion of www.floralbox.com.
Floralfair shall not be liable for any failure to perform any of its obligations under this Agreement which is caused by matters beyond its reasonable control including but not limited to Acts of God, breakdown of internet services or other computer services, war, strikes, lock-outs and industrial disputes.
Term and Termination
You agree to remain bound by this Agreement (or such amended Agreement) for as long as you remain registered on www.floralbox.com or unless Floralfair terminates, suspends or otherwise limits access.
Any fraud or abuse of the www.floralbox.com, Floralfair etc. will result in the immediate termination of that Customer’s account.
Any fraud or abuse of www.floralbox.com, Floralfair etc. or any reason deemed appropriate by Floralfair at its sole discretion will result in the immediate termination of that Customer’s account.
Modifications to Floralbox.com website
Floralfair reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, www.floralbox.com and/or Floralfair (or a part thereof) with or without notice. You agree that Floralfair shall not be liable to you or any third party for any modification, suspension or discontinuance of www.floralbox.com or Floralfair. Floralfair shall not be liable to any Customer or third party should Floralfair exercise its right to modify or discontinue Floralfair or it’s products.
All notices given by Floralfair to you will be given by e-mail to your registered email address or by general posting on www.floralbox.com website or by postal mail from:
Floralfair, Limepark, Ardrahan, Co. Galway, Ireland
This Agreement constitutes the entire Agreement between you and Floralfair and supersedes any prior agreements, arrangements, statements and understandings between Floralfair and you.
A waiver by Floralfair of any breach by any Customer of any of the terms, provisions or conditions of this Agreement or the acquiescence of Floralfair to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or of any subsequent act contrary thereto.
No Partnership/Joint Venture
Nothing in this Agreement shall be construed as forming a partnership or joint venture with Customers.
This Agreement shall be governed by Irish law and the Customer consents to the exclusive jurisdiction of the Irish courts in all matters regarding it.
If at any time any one or more provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall continue in full force and effect.
All questions or disputes regarding Floralfair & it’s products must be submitted in writing or by email to Michael@floralbox.com within 90 days of the query where applicable, to Floralfair, Limepark, Ardrahan, Co. Galway. In the event of an error by Floralfair, your sole recourse will be crediting to the value of disputed products.
We shall not be liable to you as a result of any delay or failure to perform our obligations under these Terms and Conditions if and to the extent such delay or failure is caused by an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
General Terms and Conditions (Purchasing)
1. The following terms and conditions relate specifically to the purchasing of products on this website.
"Applicable Laws" means any law, statute, regulation, order, judgement, decision, recommendation, rule, policy or guideline passed or issued by government or any competent court or authority in relation to the subject matter of these Terms and Conditions.
"Business Days" means a day (other than Saturday, Sunday or public holiday in Ireland).
"Customer" means you, being any person who is registered with floralbox.com and /or Purchases a product
"Payment Details" means the electronic payment details validly entered by you on the Website upon purchase of a product.
"Purchase" means the purchase of a product on the website in accordance with these Terms & Conditions.
"Website" means the http://www.floralbox.com website
Scope of these Terms
Use of the Website and any Purchase are each subject to the terms and conditions set out in these Terms and any additional specific terms detailed on each individual purchase.
As a consumer, nothing in these Terms and Conditions affects your statutory rights.
Unless otherwise specified on the Website at the time of the promotion of the products on this Website are directed solely at those who access to this Website from the Republic of Ireland, United Kingdom, France, Italy. We make no representation that the Products referred to on this Website are available in other locations outside these jurisdictions.
If you choose to purchase a product advertised on the Website you will need to complete the necessary steps as per the instructions set out on the Website. On entering your Payment Details, you authorise us to charge you for the cost of the purchase.
It is your responsibility to ensure that you provide a valid email address when you purchase a product and to ensure that you check your spam folders in the event that you have not received the confirmation email.
By making a Purchase, you acknowledge that the Purchase is made subject to these Terms and Conditions.
Subject to the terms of the respective purchase of products we will:
(a) email confirmation that the purchase has been completed to you at the email address which you provided to us upon registration; and
(b) Ship the products to the address provided by you. It is your responsibility to ensure the address submitted is accurate and that there is someone there during business hours on business days.
We shall retain the details of the Purchase provided by you but we will not retain any payment details such as your credit card or PayPal details in a manner accessible by staff of Floralfair.
1. Cooling Off Period
(a) Once you have paid for a purchase, you are entitled to a cooling off period in which you may cancel your Purchase at any time within 14 days from the day on which you receive the confirmation email (the "Cooling Off Period").
(b) If you wish to cancel your Purchase during the Cooling Off Period, you must notify us by phone 00353 87 1209069
(c) You shall not be entitled to cancel your Purchase during the Cooling Off Period if the product has been opened or partially used before the end of the Cooling Off Period and/or before you notify us of your intent to cancel your Purchase during the Cooling Offer Period.
(a) Your entitlement to a Cooling Off Period applies to purchases as per "Cooling Off Period" 1 (a), (b) and (c) above.
(b) If you wish to request the cancellation of your Purchase, you must do so by contacting us by phone on 00353 871209069.
(c) We reserve the right, in our sole discretion, to allow or refuse the cancellation of the Purchase once the Cooling Off Period has passed.
(d) You shall not be entitled to cancel your Purchase if the product has been opened or partially used before you notify us of your intent to cancel that Purchase during the Cooling Off Period.
(e) You will cover the cost of return shipment to our warehouse.
In order to make a complaint please contact us at Michael@floralbox.com
4. Damaged goods
(a) If, upon receipt of the products you discover that the products are damaged beyond functionality you may request a refund.
(b) In order to request a refund arising from damaged goods please contact us by phone on 003531209069 within two days of delivery, outlining the damage and to provide photographic evidence of the damage.
(c) We shall reserve the right, in our sole discretion, to approve or deny any such refund request in accordance with Applicable Laws.
5. Lost/Stolen Products
We are not responsible for lost or stolen products. No replacement products can be issued in respect of lost or stolen products. It is your responsibility to ensure all shipping details are accurate.
Floralfair sells packaging via the Website www.floralbox.com You must provide a valid e-mail address, postal address and telephone number in order to purchase products.
2. You warrant that all information (including Payment Details) provided to us in order to Purchase products is true, complete and accurate.
3. It is your responsibility to ensure that the Products meet your specific requirements before you Purchase a product.
The following uses of the Website and Products are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
(a) resell the product
(b) furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
(c) entering into fraudulent interactions or transactions with us
(d) using the Website (or any relevant functionality of it) in breach of these Terms and Conditions.
(e) engage in any unlawful activity in connection with the use of the Website and products
(f) engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Website and our products.
1. We accept responsibility for ensuring information provided to you will be accurate, true and not misleading as per the Applicable Laws.
2. The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. However, we will use all reasonable endeavors to correct any errors or omissions on the Website as soon as practicable after being notified of them. We do not guarantee that the Service or the Website will be free of faults.
3. We reserve the right to change, modify, substitute, suspend or remove without notice any information on the Website from time to time.
4. We assume no responsibility for issues that arise which are dependent on the Customer's browser to operate.
5. We accept that the description of Products supplied will be accurate and not misleading.(excluding the perception of specific colours as shown on the website. Photographs are only an indication on colour and they may appear different in reality. )
Suspension and Termination
1. If you use (or anyone other than you, with your permission uses) the Website in contravention of these Terms and Conditions, we may suspend your use of Website (in whole or in part). We may also refuse to process any future transactions on your account.
2. We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone in breach of these Terms and Conditions.
3. We shall be entitled immediately or at any time (in whole or in part) to: i) suspend your use of the Website; ii) suspend the use of Website for persons we believe to be connected (in whatever manner) to you; and/or iii) terminate the agreement made pursuant to these Terms and Conditions immediately if you commit any fraud against us or any other person or otherwise commit any breach of these Terms and Conditions.
4. Notwithstanding anything else in this Clause, we may terminate the agreement made pursuant to these Terms and Conditions at any time.
Our right to terminate the agreement made pursuant to these Terms and Conditions shall not prejudice any other right or remedy or action which we deem to be appropriate.