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Terms and conditions
Terms and Conditions
Products

1.1 All products as depicted on this website may vary.
1.2 Certain flower and plant products may be delivered in bud to ensure longer life.
1.3 Some flower and plant products may be harmful or poisonous, if you require further information before submitting an order please contact us at tanya@theflowershop.gi 
1.4 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.
1.5 Products are delivered next day unless other delivery date or service is selected and confirmed via email.
1.6 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.
1.7 We guarantee the freshness of your flowers for 7 days from the date of delivery/collection. Except in summer and spring season which we guarantee for a minimum period of 4 days.

Alcoholic gifts

2.1 Under the Licensing Act it is an offence for any person under 18 years to buy, or attempt to buy, alcoholic liquor.
2.2 Alcoholic gifts are distributed to selected areas in association with a licensed third party, for further information regarding our suppliers contact our Customer Contact Centre.
Prices
3.1 Prices listed within The Flower Shop Web Site are valid for a maximum of 14 days of submitting your order.
3.2 Prices include TAX
3.3 Except where stated product prices include delivery.
3.5 A processing fee will be applied to orders when using the following credit cards: Visa, MasterCard, American Express and PayPal.
3.6 Please note that from time to time, product and delivery prices on The Flower Shop may vary.

Orders / Payment

4.1 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.
4.2 We accept payment by Paypal and 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.
4.3 By clicking on the 'place order' 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.
4.4 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.
4.5 We cannot accept orders from customers under the age of eighteen (18) years.

Delivery

5.1 Except where accepted by an email confirmation, standard delivery is next day.
5.2 Selected products are not available for delivery to certain areas - where possible we will advise you of these restrictions before you place your order.
5.3 Delivery Services - Should you require your delivery to be made within a specific time period we are able to offer the following delivery services. Please note some services are subject to availability and that at certain times of the year these prices can vary. We will advise you of services available at the time of placing your order.  Delivery Services are only available Monday to Friday between 10.00 am and 5.00 pm.   We will process orders received on Saturdays, Sundays or Public Holidays the next working day.
5.4   A 3 hour delivery' service is available at a charge of 5.00.
5.5 Delivery is not available on Saturdays, Sundays or public holidays, orders will be delivered on the next working day.
5.6 To avoid problems or delays with delivery, please ensure that you have included the full address details, including the intended recipient 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.
5.7 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.
5.8 In the case of delivery to certain locations, where a third party is involved, 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 us for further information.
5.9 Please be aware that the carrier will deliver the goods to the address provided in good faith and we cannot accept responsibility if the intended recipient is no longer at that address and the receiver refuses or fails to return the items(s).
5.10 Please note that where the carrier is unable to find someone to accept delivery, or unable to leave the delivery in a secure location, they will leave a card at the address for the recipient to make contact and re-arrange delivery. If the recipient fails to make contact in good time we reserve the right to charge for re-delivery to that or an alternative address.
5.11 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.
5.12 Before placing your order, please review delivery cut-off times & prices.
5.16 Please note that if you order a number of items for delivery to the same address, they may be despatched separately and we cannot guarantee delivery on the same day.
5.17 We shall not be liable for any failure to perform in our obligations where such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service.
5.18 Wedding Bouquets should be ordered 2 weeks prior to delivry date.

Cancellation/Amendments

6.1 If, for any reason, you wish to change or cancel your order you can do so by calling 20040488 or email: tanya@theflowershop.gi. Please give 48 hours notice before the requested delivery date.
6.2 We regret that you may not cancel an order once your order has been dispatched.
6.3 You are entitled to cancel any payment at any time where fraudulent use has been made of your credit or debit card by another person not acting on behalf of you or as your agent and to be re-credited by us to the extent that such sums are not reimbursed by the card issuer in such circumstances.

The Flower Shop

7.1 In the event that you are not satisfied with our service any complaints should be addressed in the first instance to:
By email: Tanya@theflowershop.gi
By telephone: 20040488
By post: The Flower Shop,13 City Mill Lane, Gibraltar.

Disclaimer

8.1 Whilst we agree to use all reasonable endeavours to ensure that the Flower Shop Site is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the Flower Shop Site 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 Flower Shop Site.
8.2 (a) We accept liability for death or personal injury arising from our negligence.
8.2 (b) Subject to clause 8.2(a), our liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your order with us shall be limited to a multiple of [5] times the price you have paid for the products.
8.2 (c) Subject to clauses 8.2(a) and 8.2(b) above we exclude all liability for any claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly out of or in any way connected with your use or inability to access the Flower Shop Site and/or the Flower Shop 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.
8.2 (d) Subject to clauses 1.5 and 5.3 above, we shall not be liable for any delay or inability to perform our obligations to you if such delay is due to any cause whatsoever beyond our reasonable control.

General

9.1 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Flower Shop Site and/or the Flower Shop Service from time to time. We will post any changes on the Flower Shop Site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Flower Shop Service or Flower Shop 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.
9.2 Additionally, we reserve the right to suspend, restrict or terminate access to the Flower Shop Site and/or the Flower Shop Services for any reason at any time.
9.3 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Flower Shop 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.
9.4 We shall ensure that we comply with the requirement of all current data protection legislation including, without limitation, the Data Protection Act 1998 (as replaced, modified or re-enacted from time to time). We shall only use personal data received from you for the purpose of fulfilling our obligations under these Terms and Conditions and as stated in our Privacy Policy.
9.5 A person who is not a party to the agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists apart from that Act.
9.6 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.
9.7 Your purchase will be deemed to have occurred in Gibraltar. These Terms and Conditions shall be governed by and construed in accordance with Gibraltar Law and the parties agree to submit to the exclusive jurisdiction of the Gibraltar courts.