Terms & Conditions
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IMPORTANT LEGAL NOTICE
Please read these terms and conditions carefully before using this Website
These terms and conditions (Terms) are issued by Castlebar Florists, Castlebar Florist and Castlebar Flowers
By accessing any part of the Website, You shall be deemed to have accepted these Terms in full. If You do not accept these Terms in full, You must leave the Website immediately.
The Company may revise these Terms at any time by updating this posting. You should check the Website from time to time to review the then current Terms, because they are binding on You.
You warrant that You possess the legal authority to enter into any agreement and to use this Website in accordance with its Terms.
Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
The Company reserves the right to modify or withdraw, temporarily or permanently the Website (or any part of it) with or without notice and shall not be liable to You or any third party for any modification or withdrawal of the Website.
REGISTRATION AND WEBSITE USE
You warrant that any information that You provide when You register as a customer is accurate and complete in all respects and You will notify the Company of any changes to that information.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access following registration.
You agree not to impersonate any other person or business, organisation or body corporate or to use a false name that you are not authorised to use.
We may disable any account where we think you have failed to comply with the Terms or we think unauthorised use has been made of the Website.
As a condition of your use of this Website, You warrant to the Company that you will not use this Website for any purpose that is unlawful or prohibited by these Term
In these terms and conditions:
"Account" means the account established between us and a business or individual consumer(s)
"Business" means any company, partnership, charity, organisation or business accepted by us as such; "Consumer" means a natural person acting outside business purposes;
"Products" means any products purchased by you through our Website;
“us/our or we” means Castlebar Florists and any of its authorised agents;
"Website" means www.castlebarflowers.com
“you/your” means the Consumer or Business who orders the Product(s).
All orders placed by you are subject to these terms and conditions (Terms). By clicking on the 'check out' button on the Order Form, you are consenting to be bound by these Terms.
If you are a Consumer you must be over 18 to place an order via our Website.
Whether you are a Business or a Consumer, you must have the legal authority to order any Products via this Website.
If you order Products from our Website we will send you an email confirming receipt of your order, your order number, invoice address, delivery address, description of Products ordered, the price (including VAT) and quantity of the products ordered, the expected delivery date of the products and confirmation of any message to be delivered with the products ordered. VAT Registration details will also be included to enable you to utilise this confirmation as a VAT receipt should this be required as a result of your purchase.
Your order is an offer from you to us to purchase the Products. Our acknowledgement of your order is not acceptance of your order.
Save where you hold an Account, we shall insist on receiving payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings in to existence a legally binding contract between us.
If you hold an Account we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
If you order multiple Products and we have not confirmed dispatch of all the Products in your order status then those Products not listed do not form part of our contract with you.
You can only deliver multiple Products ordered over the Website to one address. If you need to deliver to more than one address please contact us.
All Products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute a Product of equivalent value and quality without notice.
In the event that we are unable to supply the Products or any substitute product to you at all, we shall notify you as soon as is reasonably possible and shall reimburse your payment in full and in any event no later than 30 days after the intended delivery date.
We may deliver certain flower Products in bud to ensure longer life. Any other special Product information, for example, shelf life, shall be shown on our Website.
Some Products, flowers and plants may be harmful or poisonous, if you require further information before submitting an order please contact us.
PRODUCTS AND PRODUCT IMAGES
Fresh flowers, arrangements and their containers can vary in size and colour and some flowers are seasonal. We maintain a full range of fresh flowers, all year round. On occasion, some colours or styles of flowers can be out of stock
Our flower arrangements are unique and handcrafted, so no two arrangements are ever the same. Every effort is made to match orders as closely as possible to the product photographs and descriptions. While slight variations are sometimes necessary, the concept and quality of the item ordered are always guaranteed.
Illustrations, photographs, dimensions and descriptions of Products on our Website are intended as a general guide to the Products only and do not form part of our contract with you. Products may vary slightly in appearance from those depicted on the Website There may be minor variations in the bouquet’s composition and shape. Photographs of flower bouquets represent the average bouquet size. Please see our Substitution Policy below.The images we use to illustrate local florist products are pictures and do not represent any particular brand.
Vases and other items are not included, unless explicitly stated in the product description. In the event of quality-related issues, we kindly request you send a digital picture of the delivered product to us
PRODUCT SUBSTITUTION POLICY
From time to time, we may not have some items listed in the product description in stock, and substitutions of items of equal or greater value will be necessary.
Should the main flower type in the bouquet have to be replaced, we will attempt to notify you; if we are unable to reach you, we will proceed with the substitution to prevent delays in the order delivery. Roses, however, will never be substituted with other flowers without requesting your confirmation first.
If we do not have a certain additional product, the delivery will be made without said item and we will refund the sum of the product in question.
COLOUR SUBSTITUTION POLICY
Our florist may make changes to the colour of the flowers, but will maintain the overall shades of the bouquet displayed on the website.
Moreover, we cannot guarantee the colour shade will perfectly match the one shown in the picture. For instance, a pink bouquet may be presented in a paler or a deeper shade.
In the event of more extreme colour changes, we will attempt to contact you to inform you thereof. If we are unable to reach you, we will proceed with the colour substitution to prevent delays in the order delivery.
Under no circumstances can we guarantee that special requests will be met. If such requests cannot be met, you will not be entitled to a refund.
IF PRODUCTS ARE DAMAGED OR FAULTY
We will not be liable for any loss you suffer through failure to use the Products in a normal and proper manner or through altering or modifying the Products, failure to follow any guidelines or using the Products in a careless or negligent manner.
Because of the perishable nature of many Products you are advised to make any complaint within 2 working days of the delivery date of your Products.
We guarantee seven days of freshness for your flowers, plants or associated items (subject to reasonable care being taken to protect the product) from the date of delivery. If any flowers arrive with substitutions, damaged, die or wilt within seven days of delivery you should take a digital photograph of them and send it to us. or take the flowers to the florist shop that delivered them and we will replace the flowers and deliver them to you free of charge.
If you want to return a Product to us because it was damaged when delivered or is faulty, please use our returns policy . If you want a refund not a repair or replacement we will refund you the price and the delivery costs and the cost of returning it to us. Please send us a receipt for the return postage costs.
We will inspect all Products returned to us as faulty or damaged. If we discover that they are not faulty or damaged we may recharge you for the Products and the costs incurred by us.
THE WRONG PRODUCTS
If we send you a Product that you have not ordered please use our returns policy . If you return it to us we will refund the price, the original delivery costs and the cost of returning it to us.
PAYMENT AND SECURITY
When the Company asks You to submit financial information, such as Your credit or debit card number the Company uses industry standard technology for secure commercial transactions. This encrypts data, including Your credit or debit card number. The Company will not be liable for any unauthorised transactions made using Your personal or financial details, unless we are negligent. Most banks or credit card providers either cover all charges resulting from such unauthorised use or limit Your liability to a maximum amount. Refer to Your credit or debit card agreement to check Your coverage liability.
Your dealings with any third parties via the Website and any terms or conditions agreed with, or representations given by, them, are solely between You and such third parties. The third party will be responsible for protection and security of Your personal data or financial details which they collect. You agree that the Company is not liable for such dealings.
We accept payment by credit and debit card. Unless you hold an Account we will not dispatch a Product until we have received payment from you. If for any reason payment is refused after we have dispatched the Products we will have the right to request the payment from you or recover the Products from you and charge you for our costs in recovering the Products or seeking further payment.
If you hold an Account you will be invoiced in arrears and payment of your Account will be due in accordance with the agreed commercial terms of the Account or if no such terms are agreed then you will be invoiced monthly and shall have 30 days to pay in full.
PAYMENT PROCESSING ISSUES
If, for whatever circumstances, you provide incorrect credit card or payment information, we will not be able to process your order and your order will therefore not be dispatched.
We will attempt to contact you to resolve the issue, but Castlebar Florists/Castlebar Flowers or First Flowers will not, under any circumstances, be responsible for any issues arising as a result thereof.
The price payable for the Products that you order is shown on our Website in euros. Castlebar Florists cannot be held responsible for any currency conversion differences and/or charges made by your financial institution.
The Website prices are shown inclusive of VAT and Prices are show exclusive of delivery which is charged separately. Delivery costs will be shown separately in the checkout before you enter your details for payment.
If the price of a Product is incorrectly shown and is higher than stated on our Website we will either send you an email informing you of the new price and asking you if you want to proceed with your order or we will cancel the order and inform you.
If the price of a Product is lower than stated on our Website we will send you the Product and charge you the lower price.
We will deliver the Products ordered by you to the address you give to us for delivery at the time you make your order. We cannot guarantee when any item will be despatched and we are unable to specify a time for delivery.
Some orders will require a signature on delivery. This will apply in the case of delivery of certain Products or to certain locations where a third party is involved, such as offices, hospitals, Funeral Directors, airports, hotels, flats or apartments with concierge services, 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.
You will become the owner of the Products you have ordered when they have been delivered to you or the representative of the recipient. You are responsible for any insurance (where relevant) security after delivery. Once Products have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
Neither we, nor any courier or postal service that we use shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control including but not limited to any fire, flood, explosion, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, government act, act of war, terrorism, act of God, or from any industrial dispute or strike whatsoever.
Please ensure that you enter full and accurate details, including the address and the postal code, of the recipient. We will not be responsible for any orders which are not delivered due to incorrect or incomplete information being supplied by you.
The delivery charge is not included in the product price, but is added during the checkout process and appears in the price breakdown. Said charge varies depending on the destination chosen as well as the delivery date and time.
The standard delivery charge is €6.00 variable. Delivery charges to other areas are variable.
We cannot guarantee an exact delivery time.
In some cases, however, and depending on the date and destination chosen, you will be given the option of choosing between morning or afternoon delivery.
The delivery person will usually contact the recipient prior to a delivery to confirm the flowers can be delivered , so as to avoid a nondelivery and/or the need for a second delivery attempt.
Delivery dates, times and delivery call-off times shall be detailed on the Website when you order Products.
If we are unable to deliver your order on the selected date due to circumstances within our control, you will be entitled to a full refund.
If, on the other hand, we are unable to make a delivery due to circumstances beyond our control (for instance, the recipient is not at home), you will not be entitled to a refund. Nevertheless, should the recipient be unavailable when we attempt delivery, we generally leave a note to schedule a new delivery time.
INCORRECT OR INCOMPLETE DELIVERY INFORMATION
If you provide us with incorrect or incomplete delivery information on placing your order, we will not be able to guarantee delivery. If our delivery personnel report that the delivery address is incorrect, we will attempt to contact you to confirm the details or to acquire additional information from you. You should bear in mind that changes to said information should be made at least one business day before the scheduled delivery date
Castlebar Florists will not be liable if your order cannot be delivered due to incorrect or incomplete delivery information, and you will therefore not be entitled to a refund.
LOCATIONS SUBJECT TO DELIVERY RESTRICTIONS
Orders sent to hospitals, hotels, residential homes, companies, universities or public buildings are not guaranteed, but in most cases arrive as requested. If your delivery is going to such a location, please provide the name and telephone number of the establishment and as many details as possible.
In the case of hospitals, we will need the recipient’s ward and room number. We will attempt to deliver your bouquet/gift in accordance with each establishment’s procedures, but we cannot be held liable if these procedures prevent successful delivery. Please note that many hospitals do not permit delivery to individual rooms, and that most ICUs do not permit flower delivery at all. Please check with the hospital before placing your order.
If you wish to send flowers to someone staying in a hotel, you should specify their room number (if possible) and the name of the person under which the booking was made.
Castlebar Florists cannot issue a refund if a delivery cannot be made due to these circumstances.
DELIVERIES REFUSED BY THE RECIPIENT
If, for whatever reason, the recipient refuses to accept the delivery, you will not be entitled to a refund.
DELIVERY POLICY ON KEY DATES
In periods characterised by a large volume of orders (such as Christmas or Valentine’s Day), some of the aforementioned policies may be subject to changes:
During peak periods delivery dates may be moved forwards to ensure delivery is made before or on the intended day of delivery. We will attempt to notify you of these changes but shall not be held liable.
Changes and Cancellations: We cannot guarantee the execution of order changes or cancellations if they are not requested in the time period stipulated above.
IF YOU CHANGE YOUR MIND - CONSUMERS
By law you have the right to cancel your contract before you receive the Products or to return any Products to us. It is your responsibility to take good care of the Products to ensure that the Products and their packaging are not damaged. If you have already received the Products from us and wish to return it please follow our returns policy.
Once you have notified us that you are returning the Products the cost of the Products will be re-credited to your credit or debit card as soon as possible and in any event within 30 days of your order provided that the Products in question are returned by you and received by us in resaleable condition. If you do not return the Products delivered to you or you do not pay the cost of returning them we shall be entitled to deduct the direct costs of recovering the Products from the amount to be re-credited to you.
Your right to cancel shall not apply to:
Products supplied to your specification or which are personalised; or
Products which are liable to deteriorate rapidly including, but not limited to, flowers.
We will accept the return of any goods within 24 hours and replace the item or refund the customer if required , however fresh flowers are a perishable product and care has to be taken to ensure they are kept in the correct conditions to avoid damage from heat or cold. The retuned item has to be in resaleable condition.
Refunds may occasionally be given at the discretion of the management.
If you are not satisfied with your order, you may request a refund by submitting a claim within two business days after the delivery date
CANCELLATION BY US
We reserve the right to cancel the contract between us if:
a/ we have insufficient stock to deliver the Products you have ordered; or
b/ the price or description of the Products was listed incorrectly due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel your contract we will notify you by email and refund any sum paid by you to your credit or debit card. We will not be obliged to offer any compensation for loss or disappointment suffered by you.
If the order is cancelled less than one business days prior to the delivery date, no refund will be issued.
If, for whatever reason, you placed two or more identical orders and you notify us, we will issue a full refund for the duplicate order, provided the delivery has not been made.
This site does not collect and will not share any personal information with any third party and agrees not to do so in the future
USE OF MATERIAL APPEARING ON THE WEBSITE AND INTELLECTUAL PROPERTY
The Website, its design, layout, look, appearance and graphics and any necessary software used in connection with the Website is the exclusive property of the Company.
Any content contained in sponsor advertisements or any information presented to You through the Website is protected by copyright, trademarks, service marks, patents or other proprietary rights.
Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website are owned by or licensed to the Company. This includes all text, graphics, images, photographs, video and sound material.
It is a breach of copyright to use photographic images found on any part of the Website without gaining the Company’s prior permission. If You would like to use an image found on the Website, please contact the Company for further details.
The words ‘Castlebar Florists, Castlebar Florist, Castlebar Flowers, First Flowers are registered trade names.
You agree not to modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, software, products, or services obtained from the Website.
If You breach any of these Terms Your permission to use the Website and any extracts of material from it terminates and You must immediately destroy any downloaded or printed extracts from the Website.
VISITOR MATERIAL AND CONDUCT
You are prohibited from posting or transmitting to the Website any material:
that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial and/or religious hatred, discriminatory, blasphemous, in breach of confidence, in breach of privacy or which otherwise may cause annoyance or inconvenience; or
for which You have not obtained all necessary licences and/or approvals; or
which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party, in the UK or abroad; or
which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Website (including, without limitation, by hacking).
The Company will fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity and/or location of anyone posting any material in breach of above.
LINKS TO THIRD PARTY WEBSITES
This Website may contain hyperlinks to websites operated by parties other than the Company. The Company does not control such websites and is not responsible for their contents, availability or Your use of them. The Company's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such Websites or any association with their operators.
Any links to third party websites on this Website are provided solely for Your convenience. If You use these links, You shall leave this Website. If You decide to access any of the third party websites linked to the Website, You do so entirely at Your own risk.
LINKS TO THIS WEBSITE
If You would like to link to the Website, You may only do so on the basis that You link to, but do not replicate, the home page of the Website, and subject to the following conditions:
You do not remove, distort, otherwise alter the size or appearance of the Company logo;
You do not create a frame or any other browser or border environment around the Website;
You do not in any way imply that the Company is endorsing anything other than its own operations;
You do not misrepresent Your relationship with the Company nor present any other false information about the Company;
You do not otherwise use the Company trademarks, name and logo without express written permission from the Company;
You do not link from a website that is not owned by You;
Your website does not contain content that is distasteful, offensive or controversial, or which infringes any intellectual property rights or other rights of any person or which otherwise does not comply with all applicable laws and regulations.
The Company expressly reserves the right to revoke the permission granted above. if You breach the terms set out therein, and to take any action in respect of such breach as it deems appropriate.
You agree to compensate the Company for any loss or damage suffered by the Company as a result of Your breach of the terms.
DISCLAIMER OF LIABILITY
By entering the Website You agree that under no circumstance will the Company or its agents, officers or employees be held liable or responsible for: any content contained on or omitted from the Website; any person’s reliance on any such content, whether or not the content is complete, current or correct; any viruses or defects that may be found to exist on the Website.
All information found on the Website is intended for guidance only. The Company will not be liable or responsible for any damage or loss caused as a result of Your doing, or not doing, anything as a result of reading, viewing or listening to any material, or any part of it, on the Website.
The Company is not liable or responsible for any inaccuracies, errors (including typographical errors) or omissions, or for the results obtained from the use of the Website or its content. All content and any of the services included in, advertised on, or available through the Website are provided “as is” and “as available”, with absolutely no guarantee of completeness, accuracy (either when posted or with the passage of time), timeliness or of the results obtained there from, and excluding, to the maximum extent permitted by law, all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms might have effect in relation to the Website.
The views expressed on the Website do not necessarily reflect the views of the Company. All content, and any advice received via the Website, are not intended, and should not be relied upon, for any personal, professional, legal, or religious decisions You may wish to make. Instead You should consult an appropriate professional in order to obtain specific advice tailored to Your situation.
Although the Company takes all reasonable steps to ensure that the Website is safe for users it is possible that material on the Website may be susceptible to data corruption, interception and unauthorised amendment for which the Company does not accept liability or responsibility. The Company does not accept liability or responsibility for the presence of any computer viruses contained in any material on the Website, whether it is read, viewed, listened to, copied, downloaded, printed or accessed in any other way. The Company does not accept liability or responsibility for any losses caused as a result of any computer viruses contained in any material on the Website.
Advertisements (including banner adverts and pop-ups) featured on the Website do not imply endorsement of the services or products advertised. The Company will not be liable or responsible for services or products advertised nor will the Company be liable or responsible for any damage to Your computer equipment, software, data or other property as the result of Your viewing, or responding to, advertisements (including banner adverts and pop-ups) featured on the Website.
The Company does not guarantee that the Website will be compatible with all hardware and software that may be used by You. The Company will not be held liable or responsible for any damage to Your computer equipment, software, data or other property as the result of Your access to, use of, or browsing of any material on the Website.
If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, You shall be responsible for all costs thereof.
We will not be liable for any loss you suffer through failure to use the Products in a normal and proper manner or through altering or modifying the Products, failure to follow any guidelines or using the Products in a careless or negligent manner.
Our liability to you for death or personal injury caused by our negligence is limited by any or all liability accepted as a valid claim by our Insurance Policy providers
Our liability to you other than for death or personal injury caused by our negligence is limited to the cost of replacement of the Products or refund of the price paid for the Products.
We will not be responsible for any other loss you suffer through our failure to comply with the terms of this contract. In particular we will not have any liability for any loss that was not a reasonably foreseeable consequence of our failure to comply with the contract such as any loss of profit, opportunity or liability to any third party or in connection with the use, inability to use or the results of use of this Website, breaches of security, interruptions or delays, or errors, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing this Website, or Your downloading of any material from this Website or any websites linked to this Website.
EVENTS BEYOND OUR CONTROL
We shall have no liability to you for any failure to deliver Products you have ordered or any delay in doing so or for any damage or defect to Products delivered if caused by any event or circumstances beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown or systems or network access, flood, fire, explosion or accident
These Terms shall be governed by and construed in accordance with Irish law, and disputes arising shall be subject to the exclusive jurisdiction of the Irish courts.
If any part of these Terms are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
THIRD PARTY RIGHTS
A person who is not a party to this agreement has no right under Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.