Terms of Sale

PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE PURCHASING FROM US

What’s in these terms?

These terms tell you about your rights as a consumer when purchasing from https://amafloria.com/ (our site).

These terms also apply to orders placed with us via any other method (e.g. telephone, email or social platform.)

Who we are and how to contact us

https://amafloria.com is a site operated by Amafloria Ltd (“We”). We are registered in England and Wales under company number 11425825 and have our registered office and trading address at: 5 Paddock Close, Rothley, Leicester, United Kingdom, LE7 7NP.   Please note our registered office is closed to the public as our private studio is part of residential property.

We are contactable by telephone on: 07958351644 or by email at: info@amafloria.com.

By purchasing from us you accept these terms

By purchasing from us, you confirm that you accept the terms of this policy and that you agree to comply with them.

If you place an order through our website, you will be asked to tick a box on the final page of the checkout section to confirm that you accept these 'Terms of Sale' before you can proceed with your order.

*We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

• Our websites Terms & Conditions which apply to the use of this site.
• Our Privacy Policy which gives details of how we collect, store and use your information.
• Our Shipping & Returns policy which give details of our trading processes.
• Our Acceptable Use Policy which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

We also have 'Weddings', 'Events' & 'Corporate Contracts' Terms.  These can be requested by emailing: info@amafloria.com at any time and the terms apply to the services we deliver.

We may make changes to the terms of this policy

We amend these terms from time to time. Every time you wish to purchase from our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 15^th March 2022.

Service

Our aim is to bring you beautiful high-quality floral designs via an excellent service.

Amafloria offers an ordering and delivery service in London and most other parts of the UK (excluding the Channel Islands, Northern Ireland, and certain other UK islands). Operating hours will vary depending on local trading conditions.

All floral products on this site have a 2 to 3 day lead time for delivery.  You will be able to find out more about delivery times by clicking on each of the individual products, before purchasing.

Ordering from us

When you place an order for our products via the website (or any other method), we will send you an email thanking you for your order and confirming your order and payment has been received and accepted by us (the “Confirmation Email”). The contract for the supply of any products will be between you and us and will only be formed when you have been sent the Confirmation Email.

Please ensure that you have given us a correct email address and telephone number as this is how we will communicate with you about your order. Upon receipt of the Confirmation Email, please check the Order details for accuracy and let us know immediately if there are any errors.

When will your items be delivered?

We will advise you in the Confirmation Email of the intended delivery date. If you place an order through our website, you will be able to select your preferred delivery date.

Our aim is to provide the best delivery service possible. Unfortunately, things do not always go to plan and factors, such as traffic conditions and weather, may occasionally prevent us from achieving our targets in this regard. The timing of your delivery will be determined taking into account the number of orders and the circumstances being faced by us at that time.

Inaccuracies in your details may lead to problems or delays in delivery so please ensure that you have included in your order the full delivery address details, including an accurate postcode, of the intended recipient and a valid telephone number so that your order arrives to the correct location and we can notify you if we encounter any delivery difficulties. If the intended recipient does not open the door or respond to telephonic correspondence within 10 minutes of our delivery drivers physically reaching the delivery address, we reserve the right to leave the premises, and you will be charged for any redelivery.

Amafloria seeks to provide a quality service and should be the first point of contact in the event that there is a problem with your products or delivery with regards to quality and/or substance. We do monitor our deliveries very closely and it is of utmost importance to us that they comply with our standards and help us to maintain our reputation. Please check your delivery immediately after it arrives and let us know if you have any issues by emailing or calling us.

Our flowers

All orders of flowers are subject to availability. You understand and accept that flowers are natural products and there may some variation in size, colour, shape and length of life is to be expected and that they might vary slightly from the specifications on our site.

In the event of any supply difficulties, you acknowledge and agree that, we may substitute an ingredient or component with one of similar value and quality without notice at our discretion.

Please call us prior to ordering if you have an allergy. We cannot guarantee that any of the flowers supplied by us are free of allergens. Some flowers may be harmful or poisonous. If you require further information before submitting an order, please contact us.

In order to get the best out of your flowers, please follow any maintenance guidelines or instructions that we may give to you.

Please note that fresh flower arrangements last an average of 5 to 6 days if properly cared for and our maintenance guidelines are followed. However, some seasonal flowers may only last 3 to 4 days; this is a characteristic of the flower. Assuming that your flowers are properly maintained in accordance with our guidelines, we only guarantee our flowers for these time periods.

If you order a florist choice bouquet or have a subscription with us you acknowledge and agree that we will choose, in our sole discretion, the flowers and individual ingredients that form part of either of those bouquets depending on the season and availability. Vases shown in our website images are for styling only and will not be included with your order.

Please note that the images of the flowers and bouquets on our website are for illustrative purposes only and demonstrate the Medium size bouquet. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the flowers. Your flowers may vary slightly from those images. Please refer to the product descriptions on the website which will set out full details of the product.

Product sales and payments

Prices listed on our website (or provided to you by any other method) include delivery unless otherwise stated.

If a delivery charge applies to your order, you will be notified during the ordering process and in the Confirmation Email that we send to you.

Whilst we will try to ensure that all prices on our website are accurate, errors may occur. We will normally verify prices as part of the order process. In the event that a product you have ordered is listed at an incorrect price due to a typographical or administrative error, we will notify you of the correct price before dispatching your order and you will have the option of cancelling your order.
 
Prices will vary between menus and options on our website. Prices are also liable to change at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation Email, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your order once we notify you in such circumstances.

Payment for our products can be made by credit or debit card through our website or over the telephone. Once your order has been confirmed, your credit or debit card will have been authorised and the amount marked for payment.  We use a third party payment processing service to handle payment transactions.

Refunds

Should you cancel your order before it has become a Started Order (as defined in cancellations section of this policy, we will refund your order.

In addition, subject to what we say in 'About our flowers' section above, if your order is incorrect or faulty, you will be entitled to a refund or replacement product. However, if there is a problem, you must let us know within one hour of receiving the order, due to the perishable nature of our products and in order to assist us in resolving any complaints quickly. You may not be eligible for a refund if you fail to notify us within this timescale.

Where there is a query regarding a refund, we will seek to review each situation and try to find an amicable solution. However, our decision on such matters will be final.

Cancellations

Orders may be amended or cancelled before we start to process and prepare the order. You can cancel an order by contacting us by calling:  07958351644 or emailing: info@amafloria.com.

Once we have started to process and prepared the order, it will be a “Started Order” and if you cancel a Started Order, you will be charged for that order in full and not be entitled to any kind of refund. If you cancel an order that is not a Started Order, you will not be charged for the order and, if you have paid, will be entitled to a refund using the same method of payment. Please note that we will decide, at our sole discretion, whether an order is a Started Order.

We may cancel an order at any time (if, for example, the product you ordered is not available, we are unable to obtain authorisation for your payment or a price or product description error is identified) and will let you know if we cancel an order. In such circumstances, you will not be charged for the order that has been cancelled by us and, if you have already paid for the order, you will be entitled to a refund using the same method that you used to pay for your order.

Nothing in these Terms of Sale shall affect any statutory rights of cancellation that you may have, but please note that any right to cancel under the Consumer Contracts Regulations 2013 does not apply to perishable goods such as flowers.

Our Liability

If you are a consumer, you have legal rights in relation to products that are faulty, not of
satisfactory quality or not as described. Nothing in these Terms of Sale will affect these legal rights.

We do not exclude or limit in any way our liability to you for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, or for breach of your legal rights in relation to our products.

We will not be liable to you if we are prevented or delayed from complying with our obligations under these Terms of Sale by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.

We are only responsible for losses that are a natural, foreseeable consequence of our breach of these Terms of Sale or our failing to use reasonable care and skill, and we are not responsible for any loss or damage that is not foreseeable. Losses are foreseeable where if either it is obvious that they will happen or if they could be contemplated by you and us at the time your order is accepted by us.

In any event, we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues, lost business opportunity or business interruption.

You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice.

We shall not be liable in respect of any allergic reactions occurring due to flowers or other material used in any arrangements, or if any staining or discoloration occurs due to the arrangements, unless instructed by you not to use particular flowers or materials or (in the case an allergic reaction) caused by our negligence.

If you are a business customer, in addition to the above:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.

Intellectual property

You acknowledge and agree that Amafloria retains ownership of all intellectual property rights and other rights in all and any designs, creative proposals, arrangements, artwork, drawings, photographs, visual images, displays, mood boards, materials, content and other information (“Materials”) that we create for you or provide or make available to you in relation to your order. You shall have no right to use, copy or modify the Materials in any way (whether for commercial or personal use or otherwise) without our prior written consent.

You acknowledge and agree that damages may not be an adequate remedy for a breach of this clause and that, without prejudice to any and all other rights or remedies that it may have, we shall be entitled to seek an injunction, an order for specific performance or any other equitable relief for any actual or threatened breach.

Credit must be given to us in any social media photography that you take, using the hashtag #amafloria.

Our Rights

In respect of fraudulent misrepresentation, these Terms of Sale comprise the entire agreement between you and Amafloria and supersede all prior representations, agreements, arrangements and understandings between you and us (whether written or oral) with respect to your order.

No statement by any individual employed by us should be understood as a variation of these Terms of Sale or as a representation about the nature, quality of the website or any products made available on the website.

Each of the provisions of these Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful, invalid or otherwise unenforceable, those provisions shall be deemed severed from the remaining provisions and such remaining provisions will continue in full force and effect.

No delay or failure by us to exercise any powers, rights or remedies under these Terms of Sale will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.

A person who is not a party to this agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms of Sale but this does not affect any right or remedy which exists apart from that Act.

Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.