TERMS AND CONDITIONS

IF YOU’RE NOT HAPPY FOR ANY REASON PLEASE GET IN TOUCH BY EMAILING CHRISTINA@PETALSANDAMAZONS.CO.UK TO DISCUSS REPLACEMENTS, REFUNDS OR ANYTHING ELSE.

By placing an order on this website or otherwise with Petals & Amazons, you are agreeing to the following terms and conditions.

1 ORDERS AND CANCELLATIONS

1.1 Order Acceptance Policy

(a) In order to place an order we require your name, email address, payment details and the details of the order. You do not need to create an account with us, but we will store the details of your order on our systems in order to process this, and full details of how and where your data is stored can be found in our privacy policy (available at the bottom of this page).

(b) Once an order has been successfully placed and accepted we'll send you an order confirmation email to the email address entered during the checkout process. If you do not receive this email, please contact christina@petalsandamazons.co.uk who can check that the order has gone through and ensure you receive the email.

(c) All orders and subscription requests received are subject to acceptance by Petals & Amazons, and any of its personnel reserve the right, at our absolute discretion, to reject 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.

1.2 Timing of your order

Petals & Amazons currently delivers during a 3-day period once a month, and one-off special events listed online. These dates are advertised on our website. We will endeavour to deliver during this 3-day period but exact timing is not guaranteed.

1.3 Changing your order

If you wish to change your order or subscription, please get in touch by emailing christina@petalsandamazons.co.uk. We’ll always do our best to accommodate requests, but we ask to receive all requests (cancellations or subscription pauses) by 9am, 7 days before the first day of the next delivery period. Requests after 9am, 7 days before the first day of the next delivery period cannot be guaranteed.

1.4 Cancellation policy

One-off orders and subscription orders (in relation to any remaining deliveries) can be cancelled by 9am, 7 days before the first day of the next delivery period and a refund will be issued (except in relation to any deliveries which have already been made). The easiest way to cancel your order is by emailing christina@petalsandamazons.co.uk. Any order can be cancelled within 14 days of the placing of the order and will be refunded in full (except in relation to any deliveries which have either already been made or related to which the timing of the cancellation and the timing of the next delivery are not within the timeframes described above).

1.5 Pausing your subscription

If you wish to pause your subscription, please do so by emailing christina@petalsandamazons.co.uk. You can pause a subscription at any time, for a period of one month, by providing notice to us by 9am 7 days before the first day of the next delivery period. In such circumstances the pause will take effect without charge. Where notice is provided after that time, please note you will still be charged for your next delivery (as we will have already started incurring costs for those orders). Our subscriptions are intended to be ongoing with multiple deliveries, and whilst you are welcome to pause or cancel at any time, we reserve the right to cancel subscriptions without refund if we consider this is being abused.

1.6 Subscription prices

The price for a subscription is the price paid at the time of ordering (with or without any discounts applied at that time). We reserve the right, at our absolute discretion, to raise our prices at any time for reasons including, but not limited to, price increases from our suppliers and partners.

2 PAYMENTS

2.1 We accept Visa (credit and debit cards), Mastercard (credit and debit cards), and American Express, as well as Apple Pay from customers checking out on a supported device. In order to offer the best security, all our payments are processed securely by Stripe.

2.2 For all subscriptions your credit or debit card will be billed at checkout for the full subscription amount.

2.3 For all one-off orders and gift vouchers your credit or debit card will be billed at checkout for the full amount.

2.4 We never store or have access to your credit or debit card details.

3 PRICES

All prices include VAT unless otherwise stated. Delivery charges are applied to some products, as stated in the product description.

4 DELIVERY POLICY

4.1 All orders are delivered by a Petals & Amazons employee or a private contractor.

4.2 All delivery charges are included in the price of a subscription order, but additional charges apply for delivery of one-off orders.

4.3 Petals & Amazons only delivers within a defined delivery area in the United Kingdom.

4.4 We are unable to provide proof of delivery notifications. .

4.5 We cannot guarantee that delivery instructions will be followed.

4.6 Timed deliveries are not available.

4.7 Although our team will always try our best to ensure punctual delivery for our customers, Petals & Amazons cannot be held responsible if a delivery arrives late due to any circumstances outside of Petals & Amazons' control.

4.8 In the event of a non-delivery (flowers not having arrived 3 days after their intended delivery date), please contact christina@petalsandamazons.co.uk. We advise that you contact us within 7 days of the scheduled delivery date in order to claim a refund or arrange a free replacement on our next available delivery date.

4.9 We reserve the right, at our absolute discretion, to use a different delivery method or alter our delivery area without prior notification.

4.10 If you change address, you must notify us immediately to ensure that no deliveries are sent to the wrong address. Please ensure this is done by 9am 7 days before the first day of the next delivery period. We are unable to provide refunds for any deliveries sent to the wrong location where we have not received advance notice in accordance with this paragraph.

4.11 We reserve the right, at our absolute discretion, to cancel your subscription if it becomes apparent to us that we can no longer reliably deliver to your area. In these circumstances, a refund for the remaining deliveries on your subscription will be made.

5 OUR PROMISE, RETURNS AND REFUNDS

5.1 Our promise

We aim to deliver exciting and unique seasonal flowers, in great condition, on time. However, we cannot be held responsible if you receive any flowers that aren’t to your taste or that are unsuitable for you or your pets.

5.2 Freshness

Our flowers will often arrive in bud, so that our customers can enjoy them for longer. We often choose flowers that, by their nature, have winding and curving stems, because we like to use flowers with natural shapes. If you receive flowers that do not seem fresh, please email christina@petalsandamazons.co.uk to let us know. If we agree that the flowers do not meet our freshness standards, we will give you the choice of a free replacement at our next available delivery date, or a refund. Please note that you will need to email us a photo of the flowers within 72 hours of receipt in order to be eligible for a refund. If we offer you a refund, we will refund you the full amount within 7 days. Please note that banks might take an additional 3-5 days to refund the amount to your card.

5.3 Damage

We have chosen to do all our own deliveries, or use a private contractor, for a number of reasons, one of which is to minimise damage to our flowers during transit. While we take utmost care during packaging and delivery, the flowers may get damaged in transit (for reasons beyond our control). Should this occur to a level that you deem unacceptable, please contact us so that we can arrange a free replacement at our next available delivery date, or a refund. Please note that you will need to email us a photo of the damaged flowers in question within 72 hours of receipt of the flowers in order to be eligible for a refund. If we offer you a refund, we will refund you the full amount within 7 days. Please note that banks might take an additional 3-5 days to refund the amount to your card.

5.4 Flower availability and substitution

All Petals & Amazons products are carefully curated. We will often advertise in advance the flowers that we intend to use in an upcoming bouquet, however all floral products are subject to availability. In the event of any supply difficulties (quantity, quality, availability or delivery) we reserve the right, at our absolute discretion, to substitute any product with an alternate product of a similar style.

5.5 Non Delivery

While we do everything we can to make sure our flowers are delivered, sometimes mistakes do happen and deliveries don't turn up. If we fail to deliver your order (i.e. if your flowers have not arrived within 3 days of their intended delivery date) we will send you a free replacement on our next available delivery date, or a refund. If we offer you a refund, we will refund you the full amount within 7 days. Please note that banks might take an additional 3-5 days to refund the amount on your card.

5.6 Returns

Please understand that due to the perishable nature of flowers, we are unable to accept returns. We offer customers refunds or replacement flowers if the flowers are not delivered to an acceptable quality, as detailed above.

6 OFFERS AND PROMOTION CODES

6.1 At our discretion, from time to time, we may offer products at discounted prices or on such other terms as we may decide. These offers are valid from the time that we introduce them to the end date of the offer and they cannot be used for purchases before the offer introduction date or after the offer end date.

6.2 In the event that a customer has made a purchase and the price of the purchased product subsequently falls or is discounted owing to a special offer, the price of the product at the time of purchase shall prevail. We are unable to offer special offer discounts for purchases that have already been made.

6.3 We also reserve the right, at our absolute discretion, to offer different personalised special offers and promotions and it will therefore only be possible for the customer in receipt of the special offer to redeem the discount.

6.4 Unless explicitly otherwise stated, free or discounted offers can only be used once in respect of each delivery address.

6.5 Discounts and credits cannot be used in conjunction with any other offers.

6.6 We only allow one promotion code to be used per order.

6.7 Credit expires 12 months from the date that it is added to an account.

6.8 We reserve the right, at our absolute discretion, to expire or revoke credit, or to temporarily remove the ability to redeem credit on our site.

6.9 Except where otherwise stated, discounts and credits can be redeemed against subscription flowers or one-off deliveries. They cannot be redeemed against Gift Vouchers.

6.10 Discounts and credit can only be redeemed online at www.petalsandamazons.co.uk.

7 OUR LIABILITY

7.1 Notwithstanding clause 5, whilst we agree to use reasonable endeavours to ensure that the Petals & Amazons service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any interruption of the Petals & Amazons 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 Petals & Amazons service impossible or impractical, including as set out in clause 8.

7.2 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, to the fullest extent permitted by law, in no circumstances exceed the price paid to us for the order in question (defined as an individual delivery within a particular week, not an entire subscription).

7.3 Notwithstanding clause 7.2, 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 Petals & Amazons 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 CIRCUMSTANCES BEYOND OUR CONTROL

8.1 Adverse weather conditions

During adverse weather conditions (including but not limited to heavy snow, ice, flooding or high winds), we or a delivery partner may not be able to deliver orders on time. This is outside of our control and we cannot accept responsibility for the late delivery of the order. Therefore, in the event of adverse weather conditions, we aren't able to refund or offer re-delivery of affected orders.

8.2 Force Majeure

Petals & Amazons shall not be liable for delay in performing or for failure to perform its obligations if the delay or failure results from any of the following: (i) Acts of God, (ii) outbreak of hostilities, riot, civil disturbance, acts of terrorism, (iii) the act of any government or authority (including refusal or revocation of any licence or consent), (iv) fire, explosion, flood, fog or adverse weather, (v) power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles, (vi) default of suppliers, sub-contractors or delivery partners, (vii) theft, malicious damage, strike, lock-out or industrial action of any kind, (viii) pandemic, and (ix) any cause or circumstance whatsoever beyond Petals & Amazons' reasonable control.

9 CUSTOMER AND RECIPIENT PERSONAL INFORMATION

9.1 To ensure that we can communicate effectively with both customers and recipients, it is very important that you provide accurate personal information.

9.2 Please remember that we value your privacy and will never lease, rent or sell your private information. For more information, please see our privacy policy.

9.3 During the checkout process, we ask for the following personal information:

(a) Customer's email address

We use this information to provide a better customer experience by sending order confirmations, substitution information, dispatch confirmations and delivery confirmations. We may also use the customer's email for marketing communications from time to time. Please ensure that email addresses are accurate.

(b) Customer's full name and address

We may use the customer's address for marketing communications from time to time.

(c) 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.

(d) 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.

10 INTELLECTUAL PROPERTY

10.1 All trade marks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text and software used on this site are our intellectual property or that of our suppliers, partners or other users. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.

10.2 You must not collect, scrape, harvest, frame or deep-link to any information on our website without our specific prior written consent.

10.3 You license (i.e. permit) us to use your user generated content both on our own website and also, for marketing purposes, on other channels including different websites, social media and emails. User generated content includes but is not limited to your comments, photos, ratings and reviews.

11 GENERAL

11.1 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Petals & Amazons site and/or the Petals & Amazons service from time to time. We will post any changes on the Petals & Amazons site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Petals & Amazons service or Petals & Amazons 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.

11.2 We do not guarantee that our website, mobile applications or services will be uninterrupted or error-free and we will not be responsible for any losses arising from such errors or interruptions. Additionally, we reserve the right to suspend, restrict or terminate access to the Petals & Amazons website and/or the Petals & Amazons services for any reason at any time for repair, maintenance, improvement or other technical reason, and to make changes to them.

11.3 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Petals & Amazons 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.

11.4 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.

11.5 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.

11.6 Your purchase will be deemed to have occurred in the UK and 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.

12 THANK YOU

12.1 Thank you for your order and for supporting Petals & Amazons.

PRIVACY POLICY

This privacy policy sets out how Petals & Amazons uses and protects any information that you give us when you use this website.  Petals & Amazons is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Petals & Amazons 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.

This privacy policy was last updated on 21 September 2021.

1 WHAT WE COLLECT

1.1 We may collect the following information: a) Name, b) Contact information including email address, billing address and telephone number, c) Demographic information such as postcode, preferences and interests, d) Other information relevant to customer surveys and/or offers or competitions e) Facebook user id if you created an account with Petals & Amazons using Facebook, f) recipient names, addresses and related occasions where you have either sent a bouquet to such recipient or saved such details in your account, g) IP address h) information connected with reviews you leave on our website or Trustpilot i) your marketing communication preferences j) details of the device with which you transacted with us h) your purchase history with us i) your browsing history on our website.

1.2 We use different methods to collect data from and about you including through you using our website, filling in forms or by corresponding with us by post, phone, email or otherwise. We may also collect data from you by using cookies. For the exhaustive list of cookies we collect see the 'How we use Cookies' section.

2 WHAT WE DO WITH THE INFORMATION WE GATHER

2.1 We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

(a) Where the information is necessary for the adequate performance of the contract between you and us for us to provide our services;

(b) For customer service and resolution purposes;

(c) Internal record keeping.

2.2 We may use the information to improve our products and services.

2.3 We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided and we may personalise such content based on what we believe may be of interest to you.

2.4 From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone or mail.

2.5 We may use the information to customise the website according to your interests.

2.6 We may use the information to send you relevant, personalised communications by post in relation to updates, offers, services and products. We’ll do this on the basis of our legitimate business interest. You are free to opt out of hearing from us by post at any time by writing to or emailing us at christina@petalsandamazons.co.uk.

2.7 From time to time, we may use behavioural targeting services. In order to do these, we collect cookies and usage data as described below in the “How We Use Cookies” section.

2.8 We may use the information for the purposes of fraud detection and prevention and enhancing safety on our website.

2.9 We have a legitimate interest in obtaining and using the information as set out above in being able to provide and improve the service and marketing that you receive from Petals & Amazons. You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications.

3 WHO WE SHARE YOUR INFORMATION WITH

3.1 In order to provide our services, we may need to provide your information to our trusted third party partners, for example:

(a) Our marketing partners in order to offer you services and products that may be of interest to you;

(b) Our delivery partners in order to ensure we can complete your order;

(c) Our technology partners to ensure we can provide a safe and secure site and improve the performance and relevance of our site to you;

(d) Our professional services partners in order to comply with our legal obligations; or

(e) Where you have consented to such, our competition and brand partners.   

3.2 It is possible we could sell our business to a third party or re-organise our business or become insolvent. In that scenario, our database of customers is one of the biggest parts of that business and so we would need to share it with the third-party buyer and their advisers. This is in the legitimate interests of selling our business. We may also expand our group of companies and in this scenario we may share your data within our group in order to improve our products and services and because of some of our internal support services may be shared across the group. This is in our legitimate interests of cost efficiency and growing our business. Where this occurs, we will post a link to all group companies and their locations in this Privacy Policy and they will use it in the ways set out in this Policy;

3.3 We will cooperate with all third parties to enforce their intellectual property or other rights. We will also cooperate with law enforcement requests from within or outside your country of residence;

3.4 From time to time, we may need to transfer your data to trusted third party partners in countries outside of the EU in order to complete the activities listed above. In such an event, we will ensure that those third party partners comply with all relevant data protection legislation in force in the EU from time to time.

4 SECURITY

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

5 HOW WE USE COOKIES

5.1 A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

5.2 We use traffic log cookies to identify which pages are being used. This helps us analyse 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.

5.3 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. 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 manage your cookie preferences from the footer but this may prevent you from taking full advantage of the website.

5.4 Specific cookies that may be used on our site include:

_acloggedin, _client_acloggedin, algoliasearch-client-js, CART, CHECKOUT_WEBSITE, client_username, Commerce-checkout-state, Crumb, hasCart, Locked, PHPSESSID, RecentRedirect, remember_client, siteUserCrumb, SiteUserInfo, SiteUserSecureAuthToken, squarespace-announcement-bar, squarespace-likes, squarespace-popup-overlay, ss_cid, ss_cookieAllowed, ss_cpvisit, ss_cvisit, ss_cvr, ss_cvt, ss_sd, Test, TZ

5.5 Google Analytics

Google Analytics uses cookies to collect data that helps us understand how people are using the Petals & Amazons site and where they came from. We use this information to identify how and where we can improve the customer experience. The information collected through these cookies is anonymous and does not identify specific individuals or their details.

5.6 Social Sharing

Please note that if you wish to share a product on a third-party website (such as Instagram, Facebook, Twitter etc) you may be sent cookies from these websites. We don't control the setting of these cookies, so we suggest you check the third-party websites for more information about their cookies and how to manage them.

6 LINKS TO OTHER WEBSITES

Our website may contain links to other websites. 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 which 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.

7 CONTROLLING YOUR PERSONAL INFORMATION

7.1 You may exercise any of the rights described in this section by sending an email to christina@petalsandamazons.co.uk. Please note that we will ask you to verify your identity before taking further action on your request. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

7.2 Rectification of Inaccurate or Incomplete Information. You have the right to ask us to correct inaccurate or incomplete personal information concerning you.

7.3 Data Access and Portability.

You have the right to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).

7.4 Data Retention and Erasure.

We generally retain your personal information for a period of six years after your last active use of our website or app (in line with our legal obligation to keep order information for this duration for tax, legal reporting and auditing obligations). If you no longer want us to keep your information, you can request that we erase your personal information. Please note that if you request the erasure of your personal information:

(a) We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety.

(b) We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, we may keep some of your information for tax, legal reporting and auditing obligations.

(c) Additionally, some copies of your information (e.g. log records) may remain in our database, but are disassociated from personal identifiers.

7.5 Withdrawing Consent and Restriction of Processing.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you. Where you have provided your consent to the processing of your personal information by Petals & Amazons you may withdraw your consent at any time by sending a communication to Petals & Amazons specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, you have the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing pursuant to paragraph 7.6 and pending the verification whether the legitimate grounds of Petals & Amazons override your own.

7.6 Objection to Processing and Profiling.

You are entitled to require Petals & Amazons not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing Petals & Amazons will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.

7.7 Data Security.

The security of your data is very important to us. With this in mind we will take all appropriate steps to protect your data and will treat it with the utmost care and attention. We use ‘https’ technology to secure access to all areas of our websites. Access to your personal data is password-protected, and sensitive data such as payment card information is held securely by our 3rd party payment providers.

7.8 Lodging Complaints.

You have the right to lodge complaints about the data processing activities carried out by Petals & Amazons before the Information Commissioner's Office. In the UK, please read: https://ico.org.uk/for-the-public/raising-concerns/ for details of how to do this. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

7.9 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 christina@petalsandamazons.co.uk.

7.10 We will not sell, distribute or lease your personal information to third parties unless we have your permission, are required by law to do so or it is required for the provision of our services as detailed above. 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.