Terms and Conditions

This web site is run by Garden Wise Florists. The terms and conditions below outline the service we make available to you. These Terms and Conditions govern your use of the Garden Wise Florists Site and the Garden Wise Florists Service.

1. Products

  1. All products as depicted on this website (as may be varied from time to time) but we will do our very best to send something very similar if not exact.
  2. Certain flower and plant products may be delivered in bud to ensure longer life.
  3. Some flower and plant products may be harmful or poisonous (lilies, in particular, can be extremely toxic to cats), if you require further information before submitting an order please contact the shop on using the contact details set out in Section 7 below.
  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.
  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 14 days after the intended delivery date.
  6. We are unable to offer Champagne or Wine as we do not hold an alcohol licence.
  7. Products are delivered next day unless other delivery date or service is selected.
  8. Selected products are not available for same-day delivery. Further information regarding product availability and delivery options will be presented when placing your order.
  9. We guarantee the freshness of your flowers for 7 days from the date of delivery/collection. The exception to this is David Austin Roses and flowers in our summer and spring ranges which are guaranteed for a minimum period of 5 days.
  10. Please note our collection of flowers to wear such as corsages, buttonholes and floral crowns will last well for the day of the special event (24 hours). If taking delivery the day before you plan to wear, it is recommended keeping the flowers in a cool, dark place.

2. Alcoholic Gifts.

  1. Not Available

3. Prices

  1. Prices listed within the Garden Wise Florists Site are valid for a maximum of 14 days of submitting your purchase form.
  2. Prices include VAT
  3. Except where stated product prices exclude Delivery.

4. Orders / Payment

  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.
  2. We accept payment by all major credit and/or debit cards inc Amex.
  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 Garden Wise Florists site.
  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.
  5. We cannot accept orders from customers under the age of eighteen (18) years.

5. Delivery

  1. Except where stated, Standard Delivery is a charge of £4.00 will be applicable. If you request delivery to remote areas which are not normally delivered to by Garden Wise Florists you will be advised of any additional charges as soon as possible upon receipt of your order
    Should you require your delivery to be made within a specific time period we will always do our very best but l am sure you will appreciate that it is not always possible we will advise you of the service availability when placing your order.
    Your intended delivery day will be confirmed in your email order confirmation.We will process orders received on Sundays or Public or Bank Holidays the next working day.
  2. Delivery is not available on Sundays except on Mothers Day weekend or when Christmas Eve or Valentine's day falls then or otherwise agreed.
  3. 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.
  4. Whilst we agree to use all reasonable endeavours to ensure that delivery will be on the requested delivery date or during the delivery period, In very occasional circumstances delivery on the requested terms will not be possible, in such circumstances you will be given prior notice wherever possible and we shall either make alternative arrangements or reimburse your payment in full in accordance with clause 1.5.
  5. In the case of delivery to certain locations, where a third party is involved, such as offices, hospitals, Funeral Directors, hotels, 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, please contact Garden Wise Florists for further information using the contact details set out in Section 7 below.
  6. 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).
  7. Please note that where the carrier is unable to find someone to accept delivery, or unable to leave the delivery in a secure location, they will leave a card at the address for the recipient to make contact and re-arrange delivery. If the recipient fails to make contact in good time we reserve the right to charge for re-delivery to that or an alternative address..
  8. Before placing your order, please review delivery cut-off times & prices.

6. Cancellation

  1. If, for any reason, you wish to change or cancel your order you can do so by calling the shop 01461204561 ,or e mail info@gardenwiseflorists.co.uk.
  2. 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.

7. Complaints

  1. In the event of any complaint please contact us and we'll do all we can to put the situation right. By email: info@gardenwiseflorists.co.uk By telephone: 01461 204561 By post: 2 St. Johns Road AnnanDumfriesshire
  2. Shop open Monday to Friday and 9am – 5pm and 9am until 1pm 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. 7.4 In the event of any complaint please contact us and we'll do all we can to put the situation right.
  3. Under European Legislation, if you are not able to resolve any customer service issue you may have with a product or service you have purchased via our website or by telephone you may wish to consider an Alternative Dispute Resolution. For further information please visit the European Online Dispute Resolution Platform http://ec.europa.eu/consumers/odr/.

8. Disclaimer

  1. Whilst we agree to use all reasonable endeavours to ensure that the Garden Wise Florists Site and/or the Garden Wise Florists Service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the Garden Wise Florists Site and/or the Garden Wise Florists 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 Garden Wise Florists Site and/or the Garden Wise Florists Service impossible or impractical.
  2. (a) We accept liability for death or personal injury arising from our negligence.
    (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.
    (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 Garden Wise Florists Site and/or the Garden Wise Florists 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.
    (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.
  3. We understand that we are under a legal duty to supply goods that are in accordance with the contract.

9. General

  1. We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Garden Wise Florists and/or the Garden Wise Florists Service from time to time. We will post any changes on the Garden Wise Florists Site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Garden Wise Florists Service or Garden Wise Florists 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.
  2. Additionally, we reserve the right to suspend, restrict or terminate access to the Garden Wise Florists Site and/or the Garden Wise Florists Services for any reason at any time.
  3. These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Garden Wise Florists 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.
  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.
  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.
  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.
  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.

10 Intellectual Property

  1. All other rights, including copyright, in this website are owned by Garden Wise Florists. 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 Garden Wise Florists. You may not modify, distribute or repost something on this website for any purpose.
  2. Selected editorial articles contained on this site remain the copyright of Hoggett Creative.

11. My Account Service

  1. My Account service ('the Service') is provided as a complimentary feature by Garden Wise Florists and Garden Wise Florists for your personal use subject to these Terms and Conditions. In order to provide the Service, we will hold certain personal information. Except to the extent that we are required or permitted by law, any personal information which we collect will be used solely for the purposes of providing the Service.
  2. To register with the Service you must be over eighteen years of age.
  3. When you register with the Service you will be required to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us immediately. Should you forget your password, please use the password reminder service (this option can be found adjacent to the My Account login box).
    If we have reason to believe that there is likely to be a breach of security or misuse of the Service or site, we may require you to change your password, or may suspend use of the Service.
  4. You must ensure that the details you provide on registration or at any time are correct and complete.
  5. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. This will ensure that the Service we provide is accurate and up to date. Please also visit this page OR email us if any of the information that we hold about you is incorrect or needs updating, or if you want us to delete any personal information.
  6. Use of the Service is intended to assist with purchases to be made via the site. The Service must not be used for the following purposes: a) Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material. b) Gaining unauthorised access to other computer systems. c) Interfering with any other person's use or enjoyment of the Site.
  7. We reserve the right to refuse to post material on the Site or to remove material already posted on the Site.
  8. Whilst we take every reasonable precaution and care in relation to the Service, we do not make any representation or warranties of any kind (express or implied) with respect to the contents or operation of this Service, and any such representations and warranties are excluded by this notice. We do not warrant that use of the Service will be uninterrupted or error-free. Whilst every effort is made to ensure reminder emails set up on your account are processed and delivered as requested, we cannot be held responsible for non-delivery of these messages. Your use of the Service is done so entirely at your own risk and we do not accept any liability whatsoever for losses or damages that you may suffer as a result of your use of the Service.
  9. Your access to the Site and Service may be occasionally restricted to allow for routine maintenance.
  10. These Terms and Conditions operate in conjunction with general Terms & Conditions of the Site governing overall use and order placement, a copy of which can be viewed here. We are committed to protecting your privacy, the Site Privacy Policy can be viewed here.
  11. If you have any queries please contact us using the contact details below: GARDEN WISE FLORISTS Tel. No.: 01461 204561 info@gardenwiseflorists.co.uk 2 St. Johns Road Annan Dumfriesshire DG12 6AW