Terms and conditions
These terms and conditions (the "Terms and Conditions") are the terms and conditions upon which Bloomin’ Marvellous ("we/us") make this website (the "Bloomin’ Marvellous Site") available to you and any of our services which are accessible on or via the Bloomin’ Marvellous Site (the "Bloomin’ Marvellous Service").
These Terms and Conditions govern your use of the Bloomin’ Marvellous Site and the Bloomin’ Marvellous Service.
Products
Alcoholic Gifts
Prices
Orders / Payments
Delivery
Cancellation
Bloomin’ Marvellous Customer Services
Disclaimer
General
Intellectual Property (ALL HYPERLINKS)
Products
1.1 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.
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 the Bloomin’ Marvellous Customer Services Team on 0800 101009.
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 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.
1.6 Products are delivered next day unless other delivery date or service is selected.
1.7 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.
1.8 We guarantee the freshness of your flowers for 7 days. Roses, summer and spring flowers will be guaranteed for a period of 5 days.
Alcoholic gifts
2.1 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.
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 Services Team on 0800 101009
Prices
3.1 Prices listed within the Bloomin’ Marvelloue Service are valid for a maximum of 14 days of submitting your purchase form.
3.2 Prices include VAT for deliveries within the UK, Republic of Ireland and Channel Islands.
3.3 Except where stated product prices exclude Bloomin’ Marvellous Delivery.
3.4 Product prices for items requiring delivery outside of the UK, Republic of Ireland and Channel Islands exclude transmission or delivery charges.
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 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 '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 the Bloomin’ Marvellous site.
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 stated, Standard Delivery is next day, and a charge of £4.99 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 Bloomin’ Marvellous you will be advised of any additional charges as soon as possible upon receipt of your order.
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 Some products will be delivered via courier or postal services to UK mainland addresses. When ordering, we will advise you of the first available delivery date for your chosen item. 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.
5.4 Your intended delivery date will be confirmed in your email order confirmation. We will process orders received on Sundays or Public Holidays the next working day.
5.5 Delivery is not available on 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 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.
5.7 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 Bloomin’ Marvellous Customer Services for further information on 0800 101009.
5.8 Please note that the carrier 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).
5.9 Where the carrier is unable to find someone to accept delivery they will deliver to a neighbour, leave in a secure location or leave a card at the address for the recipient to make contact.
5.10 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.
5.11 In the instance of there being difficulties in delivering your order to the intended recipient we (including the florist 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.
5.12 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 fulfill your order.
Cancellation
6.1 Orders may be amended or cancelled up to 3 working days before the intended delivery date.
6.2 To amend or cancel your order, please contact the Bloomin Marvellosus Customer Services Team from 8am until 6pm Monday to Friday and 8am until 5pm on Saturday on 0800 101009
6.3 We regret that you may not cancel an order for perishable food products once your order has been dispatched.
6.4 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.
Bloomin’ Marvellous Customer Services
7.1 In the event that you are not satisfied with the Bloomin’ Marvellous Service any complaints should be addressed in the first instance to:
By email: enquiries@bloominmarvellous.co.uk
By telephone: 0800 101009
By post: Customer Services, Bloomin’ Marvellous, Blossom House, Orchid Lane, Shropshire, TF2 9BM
7.2 Our Customer Services Team is available from 8am until 6pm Monday to Friday and 8am until 5pm on Saturday.
7.3 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
8.1 Whilst we agree to use all reasonable endeavours to ensure that the Bloomin’ Marvellous Site and/or the Bloomin’ Marvellous Service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the Bloomin’ Marvellous Site and/or the Bloomin’ Marvellous 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 Bloomin’ Marvellous Site and/or the Bloomin’ Marvellous Service impossible or impractical.
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 I Bloomin’ Marvellous Site and/or the Bloomin’ Marvellous 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
10.1 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Bloomin’ Marvellous Site and/or the Bloomin’ Marvellous Service from time to time. We will post any changes on the Bloomin’ Marvellous Site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Bloomin’ Marvellous Service or Bloomin’ Marvellous 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.
10.2 Additionally, we reserve the right to suspend, restrict or terminate access to the Bloomin’ Marvellous Site and/or the Bloomin’ Marvellous Services for any reason at any time.
10.3 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Bloomin’ Marvellous 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.
10.4 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.
10.5 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.
10.6 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.
10.7 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
11.1 All other rights, including copyright, in this website are owned by Bloomin’ Marvellous. 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 Bloomin’ Marvellous. You may not modify, distribute or repost something on this website for any purpose.
