Terms and Conditions
1. TERMS AND CONDITIONS
These terms and conditions (“Terms and Conditions”) are the terms and conditions upon which THE UNLIKELY FLORIST makes its website available to you and upon which THE UNLIKELY FLORIST supplies the goods displayed on its website to you.
These terms and conditions tell you how you can contact THE UNLIKELY FLORIST, how THE UNLIKELY FLORIST will fulfill your order, how and when you may vary your order or return goods to THE UNLIKELY FLORIST and other important information.
Please read these terms and conditions before placing an order with THE UNLIKELY FLORIST. Upon placing your order, these Terms and Conditions shall be incorporated into the contract between you and THE UNLIKELY FLORIST.
2. ABOUT THE UNLIKELY FLORIST AND CONTACT DETAILS
THE UNLIKELY FLORIST Limited is a company registered in the US. THE UNLIKELY FLORIST can be contacted at its registered office by writing to: The Unlikely Florist, 715 Hampton Dr, Venice, CA 90291.
Alternatively, you can contact THE UNLIKELY FLORIST via email at: email@example.com or by telephoning +1 (323) 389-5239.
If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order.
3. ORDERS AND CANCELLATION
Acceptance of Order
All orders and subscription requests received by THE UNLIKELY FLORIST are an offer by you to purchase goods and are subject to acceptance by THE UNLIKELY FLORIST. Acceptance of your offer and the existence of a contract between THE UNLIKELY FLORIST and you only takes place when we confirm to you via email that we have accepted your order. You are entitled to cancel your orders and subscription requests at any time before its acceptance by THE UNLIKELY FLORIST.
THE UNLIKELY FLORIST reserves the right, at its absolute discretion, to reject or cancel any order without giving reasons. In the event of rejection, we will refund or cancel any payments received in full via the payment method used to place the order.
We will assign an order number to your order and tell you what it is when we accept your order. Please quote this order number whenever you contact us as it will help us to deal with your order more quickly.
As a part of the checkout process on this website, you will be able to select the date for delivery of your first order, whether that delivery is part of a subscription or a one-off order. You will also be able to select the frequency of recurrence (in the case of a subscription) of your order. We will make every effort to satisfy your selection, but this cannot be guaranteed. Where we are unable to satisfy your selection, we will contact you to make alternative arrangements. Where we are unable to make alternative arrangements, we will refund you in full via the payment method used to place the order.
Changes to your order
If you wish to alter your order or subscription, please do so via the "My Account" area of the THE UNLIKELY FLORIST website or by contacting Customer Care at firstname.lastname@example.org. We'll always do our best to make last-minute changes for you, but we can only guarantee changes (including to the delivery address and in relation to card messages) where we receive not less than 36 hours’ notice.
Your cancellation rights
You can cancel single orders by giving us not less than 36 hours’ notice prior to the requested delivery date. In those circumstances a full refund will be given. If a lesser period of notice is given, we will only give a refund, at our discretion, if we have not started preparation of your order at the time that your notice is actually processed by us.
You can cancel your order via the "My Account" area of the THE UNLIKELY FLORIST website. You can also cancel by contacting Customer Care at email@example.com or by completing the model cancellation form available here.
Suspending or cancelling your subscription
If you wish to temporarily suspend or permanently cancel your subscription, please do so via the "My Account" area of the THE UNLIKELY FLORIST website. You can suspend or cancel a subscription at any time by giving not less than 36 hours’ notice before any nominated delivery date within your subscription plan. Provided you have given us the specified notice, the suspension or cancellation will take effect without charge. In such circumstances, if your card has already been charged we will issue a full refund. If a lesser period of notice is given, we will only give a refund, at our discretion, if we have not started preparation of your delivery at the time that your notice is actually processed by us.
Where notice is received within 36 hours of your next nominated delivery date and we have been unable to make the requested changes because we have started preparation of your next order, you will still receive and be charged for your next delivery and your suspension or cancellation will take effect thereafter. In the case of a suspended subscription, your subscription will in any event resume on the date that you originally intended your subscription to resume.
Where you instruct us to suspend your subscription, such instruction will only take effect for the number of times you select. In order to permanently cancel a subscription, a cancellation request must be made. You can cancel your subscription via the "My Account" area of the THE UNLIKELY FLORIST website. You can also cancel by contacting Customer Care at firstname.lastname@example.org or by completing the model cancellation form available here
The price for each order within a subscription is the price at the time that a subscription is set up. For various reasons, including changes in market conditions, price increases from our suppliers and partners, and inflation, we may increase our prices from time to time to reflect these increased costs. If we raise our prices, we will give our subscribers not less than 14 days’ notice via email and you will have the opportunity to cancel your subscription in accordance with the preceding provision. If your next nominated delivery date falls within the 14 day notice period, the price that you will be charged for that delivery will be the price prevailing immediately prior to the notification. If your next nominated delivery date falls outside the nominated delivery date, the price that you will be charged for that delivery will be the price that is notified to you in the notice (unless you cancel your subscription in accordance with the preceding provision).
Gift vouchers shall be valid for 12 months from the date of purchase, after which the remaining balance will be cancelled. Gift cards and e-gift cards cannot be returned or refunded, except in accordance with your statutory rights, for example in the event they are not of satisfactory quality.
Payment Methods and Storage of Card Details
We accept American Express, Visa and MasterCard credit and debit cards. In order to offer the best security, all our payments are processed securely by Pay and Shop Limited, trading as Realex Payments, a division of Global Payments Inc.. For all subscriptions, your credit or debit card will be charged at checkout for your first delivery only. For subsequent deliveries, you will be charged up to five business days (i.e. Monday to Friday, excluding public holidays in the US) before your next scheduled delivery. If you create an account, your card details will be stored by Realex Payments, a division of Global so that you can check out on future visits without re-entering your card details.
THE UNLIKELY FLORIST does not store or have access to your credit or debit card details.
Complaints and After Sales Assistance
In the event that you have any complaints or queries about your order or THE UNLIKELY FLORIST generally, please contact Customer Care at email@example.com.
4. PRICES, DELIVERY CHARGES
Prices listed on our website are valid for a maximum of 14 days of submitting your order.
Each order you make will include a standard charge for delivery which will be displayed at checkout before you place your order.
Delivery will be made to the address specified by you when you register on the website.We reserve the right to restrict deliveries in certain areas, and this includes the right to exclude certain areas from our delivery schedule altogether.
In the event that the goods delivered to you are incomplete or include incorrect or defective goods, you must notify us promptly. You will not be charged for any incorrect goods or goods which you have not received. In any event our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.
We use reasonable endeavors to ensure that deliveries are made on your nominated delivery day and it is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot. We may ask that an appropriate person signs for the goods on delivery. If delivery is attempted during your nominated delivery slot and no one is available to accept and sign for your delivery, the goods will be retained by us unless you have provided us with specific details of a nominated place to leave the goods. In such circumstances we will leave a notification of delivery and will contact you to attempt to rearrange delivery. A redelivery fee will be charged.
Where placing an order to be delivered to an address owned or managed by a third party, such as a hospital or a business, it is your responsibility to check that the third party will accept delivery of the goods. We shall not be liable for instances where a delivery is refused by such third party. In such circumstances, we will contact you to attempt to rearrange delivery at an alternative address and a redelivery fee will be charged.
We will use reasonable efforts to contact you to make arrangements for redelivery. If we are unable to arrange a redelivery we shall be entitled to cancel your order and charge you in full for the price of any perishable items and the cost of delivery. The cost of any non-perishable items will be refunded to you.
Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavor to contact you as soon as we are able to in order to reschedule your delivery date.In any event below, our liability to you will be limited to the price of goods not delivered and the cost of delivery.
In the event that you instruct us to leave a delivery unattended at your address we expressly disclaim all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature.
5. OUR RETURNS AND REFUNDS POLICY
We aim to please our customers by delivering fresh flowers, in great condition, on time. We are under a legal duty to supply products that are in conformity with these Terms and Conditions.
Freshness and Damage
Our flower orders will often be sent out in bud form meaning they will last longer with the recipient. While our flowers are packed carefully to ensure they arrive as fresh and beautiful as when they left us, on occasions (and for reasons beyond our control) they may be damaged in transit. If you receive flowers that do not seem fresh or are damaged, please contact Customer Care at hello@THEUNLIKELYFLORIST.com within 24 hours of receipt to let us know. You will need to email us a photo of the un-fresh or damaged flowers within 24 hours of receipt in order to be eligible for a refund.
If in our reasonable determination the flowers do not meet our own high standards, we will give you the choice of a free replacement at our next available delivery date, or a refund. If we offer you a refund, we will refund you the full amount within 3 days. Please note that banks might take an additional 3-5 days to refund the amount to your card.
Please understand that, due to their nature, we are unable to accept returns of perishable or customized goods for any other reason other than that stated above.
We take all appropriate steps to make sure our flowers are delivered. If we fail to deliver your order within 3 days of the intended delivery date we will (at our discretion) send you a replacement on the next available delivery date or we will refund you the full price of your order within 3 days of our decision to refund you. Please note that banks might take an additional 3-5 days to refund the amount on your card.
Cancellation of orders for non-perishable non-customized goods
In respect of non-perishable non-customized goods, if you are of the view that the goods are of unsatisfactory quality, unfit for purpose or not as described, you have a right to cancel your order from the date that you receive the goods until 30 calendar days after such date. You may exercise your right to cancel your order for non-perishable non-customized goods by contacting Customer Care at firstname.lastname@example.org to let us know. You can also cancel your order by completing the model cancellation form available.
If you exercise your right to cancel your order for non-perishable non-customized goods, you must make the goods available for collection by us. Subject to the below, you shall be entitled to a full refund of the purchase price (including standard delivery costs but excluding enhanced delivery costs) of the goods within 14 days of our receipt of the goods.
The right to a refund shall not apply where the goods have been damaged through no fault of THE UNLIKELY FLORIST or its courier.
6. FLOWER AVAILABILITY, SUBSTITUTION AND VARIATION
All floral products are subject to availability. In the event of any supply difficulties or if the flowers we have received from our growers that are needed to make up your order do not meet our high quality standards, we reserve the right, at our absolute discretion, to substitute any product with an alternate product of a similar style and equivalent (or greater) value and quality. If we are unable for any reason to make up a satisfactory replacement, we will make a full refund of the price of your order as above.
The images of flowers and other products on our website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the products. Your product may vary slightly from the images displayed on your device.
7. PROMOTION AND DISCOUNT CODES
At our discretion, from time to time, we may sell products at promotional or discounted prices. These promotions are valid from the time that we introduce them to the end date of the promotion and they cannot be used for orders given before the promotion introduction date or after the promotion end date.
In the event that a customer has placed an order and the price of the ordered product subsequently falls or is discounted owing to a promotion, the price of the product at the time of order shall prevail.
Our promotions are dependent on and subject to availability. We may change the terms of promotions, or withdraw them altogether, at any time, and without prior notice. All orders and subscription requests received by THE UNLIKELY FLORIST pursuant to a promotion are an offer by you to purchase goods at the promotional or discounted price and are subject to THE UNLIKELY FLORIST’s acceptance of the offer.
Promotions may either be personal and available to THE UNLIKELY FLORIST’s customers in general or they may be personalized to an individual customer. Where promotions are personalized, it will only be possible for the customer in receipt of the promotion to redeem the promotional code.
Unless explicitly otherwise stated, free or discounted introductory promotions are only available to new users of the THE UNLIKELY FLORIST service, and are only available once to any one person.
Discounts and credits cannot be used in conjunction with any other promotion.
Unless otherwise stated, we only allow one promotion code to be used per order.
8. CIRCUMSTANCES BEYOND OUR CONTROL
Adverse weather conditions or other events or circumstances beyond THE UNLIKELY FLORIST's reasonable control may prevent the delivery of orders by the time requested, or at all. In such circumstances we reserve the right to cancel your order and provide you with a refund or, alternatively, redeliver the goods at no additional cost to you, in which case we will contact you to arrange a suitable time for redelivery.
9. OUR LIABILITY
Save as hereinbefore provided, whilst we will do our utmost to ensure that the THE UNLIKELY FLORIST service is uninterrupted and error-free, we cannot guarantee this and, therefore, we accept no responsibility for any interruption of the THE UNLIKELY FLORIST website or 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 THE UNLIKELY FLORIST website or service impossible or impractical.
Under no circumstances will THE UNLIKELY FLORIST be liable for (i) losses or damages that were not caused by a breach of these Terms and Conditions, or (ii) any direct or indirect business losses or damages (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), whether foreseeable or otherwise or (iii) any losses or damages that were not foreseeable to both you and us when you commenced using the THE UNLIKELY FLORIST service.
Loss or damage is foreseeable if either it is obvious that it will happen or, if at the time the contract was made, both THE UNLIKELY FLORIST and you knew it might happen, for example if you discussed it with us during the sales process.
Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or willful misconduct or for any other liability where it is unlawful for us to exclude it.
10. CUSTOMER AND RECIPIENT PERSONAL INFORMATION
It is very important that you provide accurate personal information during the checkout process as we use this information to handle and deliver orders, process payments, and communicate with you about orders, products, services and promotional discounts.
During the checkout process, we ask for the following personal information:
Customer's email address
Customer's full name and address
We use this information for credit and debit card validation by our payment provider.
Customer's telephone number
We use this information to contact customers in the event of problems with the order such as payment failures or delivery issues.
Recipient's full name and address
We require this information in order to deliver the flowers you have ordered. It is vital that the recipient's address is accurate. We shall not be liable for delivery failure where incomplete or incorrect delivery details have been provided.
We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the THE UNLIKELY FLORIST site and/or the THE UNLIKELY FLORIST service from time to time. We will post any changes on the THE UNLIKELY FLORIST site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the THE UNLIKELY FLORIST service or THE UNLIKELY FLORIST site. Changes will be effective in respect of new orders placed at least 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 THE UNLIKELY FLORIST site and/or the THE UNLIKELY FLORIST services for any reason at any time. We will attempt to limit the frequency and duration of any such suspension or restriction and notify you where this will affect any ongoing subscription.
These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained on the THE UNLIKELY FLORIST 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.
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.
These Term and Conditions (including any documents and instruments referred to herein) supersede 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 US and a copy of your order will be retained and filed by THE UNLIKELY FLORIST. These Terms and Conditions and the contract concluded between us pursuant to an order placed by you shall be in the English language and shall be governed by and construed in accordance with English Law. The parties agree to submit to the exclusive jurisdiction of the English courts.
Thank you for your order, and we hope your THE UNLIKELY FLORIST experience will be a pleasurable one.
THE UNLIKELY FLORIST may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
What we collect
If you create an account with us, we may collect the following personal information: a) Name, b) Contact information including your address, telephone number and email address, c) Demographic information such as zip code, preferences and interests, d) Other information relevant to customer surveys and/or promotions. If you check-out as a guest and place an order with us without creating an account with us, we may still collect your name and contact information, but this will only be used in order to manage your order.
Although THE UNLIKELY FLORIST does not store card payment details, if you create an account your card will be stored by Pay and Shop Limited, trading as Realex Payments, a division of Global Payments Inc., so that you can check out on future visits without re-entering your card details.
We may also collect other anonymous “non-personal information”, such as information about how users log in to our website. To find out more about this and the exhaustive list of cookies we collect, see the ‘Cookies’ section.
What we do with the information we gather
We require this information to understand your needs and provide you with a better service and promotions, and in particular for the following reasons:
To process and manage orders.
To manage your account and improve our products and services.
To send promotional emails about new products, discounts or promotions or other information which we think you may find interesting using the email address which you have provided. If you no longer wish to receive promotional emails, you can unsubscribe using the ‘unsubscribe’ link contained in the email. Alternatively, you may unsubscribe by emailing email@example.com.
From time to time we may contact you for market research purposes. We may contact you by email, phone or mail. If you wish to opt-out of receiving market research communications, please do so by emailing firstname.lastname@example.org. We may use the information to customize the website according to your interests.
To help us analyze data about web page traffic and improve our website in order to tailor it to customer needs.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.Controlling your personal information You have complete control over what data you decide to share with us. We shall not sell, distribute or lease your personal information to third parties, unless we have your permission or are required by law to do so. You may choose to restrict the collection or use of your personal information in the following way.
Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at email@example.com.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
If you believe that any information we are holding on you is incorrect or incomplete, please write or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
To make this site simpler and to improve your online experience, we sometimes place small data files on your computer. These are known as cookies. Most big websites do this too. They improve things by:
remembering settings, so you don't have to keep re-entering them whenever you visit a new page
remembering information you've given (e.g. your zipcode) so you don't need to keep entering it
measuring how you use the website so we can make sure it meets your needs
To learn more about cookies and how to manage them, visit AboutCookies.org.
Our cookies aren't used to identify you personally. They're just here to make the site work better for you.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. We also use third party cookies to retarget visitors to our website.
These cookies enable the display of advertisements on other sites and social media platforms subsequently visited by you, inviting you to return to our site. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. They also help us to ensure that our advertisements are relevant to you. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
We use Google Analytics to collect information about how people use this site. We do this to make sure it's meeting its users' needs and to understand how we could do it better.
Google Analytics stores information about what pages you visit, how long you are on the site, how you got here and what you click on. We do not collect or store your personal information (e.g. your name or address) so this information cannot be used to identify who you are. We do not allow Google to use or share our analytics data.
Our website contains links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information that you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.