Terms & Conditions

These terms and conditions apply to the use of this website Foxgloves of Birchington. By using our website and placing an order with us you agree to be bound by these terms and conditions. we reserve the right to make frequent changes to our terms and conditions without prior warning.

1. ORDERS AND CANCELLATIONS

  1. Order Acceptance Policy

In order to place an order we require your name, email address, payment details and the details of the order. 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).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 us at Hello@foxglovesbirchington.co.uk who can check that the order has gone through and ensure you receive email confirmation.

All orders and subscription requests received are subject to acceptance by Foxgloves of Birchington, 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. Timing of your order

As a part of the checkout process you will be able to select the delivery date for your first order delivery, providing it is a day that we offer deliveries. 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). Some delivery options are not guaranteed but this will be detailed when you select the option.

  1. Changes to your order

If you wish to change your order or subscription, please do so via Hello@foxglovesbirchington.co.uk or by calling our shop 01843 842568 we will 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) that are requested by 9am, 2 days before the intended delivery date. At peak periods we begin processing orders earlier than usual, to account for the large volume of deliveries. This means that we may need up to 7 days notice for any changes to be made.

  1. Cancellation policy

One-off orders can be cancelled by 9am, 3 days before the intended delivery date and a full refund will be issued. The easiest way to cancel your order is via Hello@foxglovesbirchington.co.uk. Or by calling our shop 01843 841 568. At peak periods we begin processing orders earlier than usual, to account for the large volume of deliveries. This means that we may need up to 7 days notice for any changes to be made. “Peak periods” are defined as the 15 day period leading up to and including Christmas Day, Valentine’s Day, Mother’s Day and Easter Sunday. Ongoing or Fixed/Pre-paid Subscriptions can be cancelled within 14 days of the placing of the order and 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 related to one-off orders described above).

  1. Pausing or cancelling your subscription

If you wish to change your subscription, please do so viaHello@foxglovesbirchington.co.uk . You can pause or cancel a subscription at any time by providing notice to us by 9am 3 days before any intended delivery within your subscription plan. In such circumstances the pause or cancellation will take effect without charge. In such circumstances, if your card has already been billed (see paragraph 2.2 for billing timings), we will issue a full refund. Where notice is provided after that time, please note you will still receive and be charged for your next delivery (as we will have already started cutting your flowers), but your pause or cancellation instruction will take effect after that delivery. At peak periods we begin processing orders earlier than usual, to account for the large volume of deliveries. This means that we may need up to 5 days notice for any changes to be made. 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 if we consider this is being abused.

  1. Subscription prices

The price for each order within a subscription is the price at the time that a subscription is set up, minus any discounts which only apply to the first delivery. 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. If we raise our prices, we will notify our subscribers and provide the option to cancel your subscription free of charge.

2. PAYMENTS

1.     We accept American Express, Visa and MasterCard credit and debit cards as well as Paypal, Apple Pay, and Google Pay. In order to offer the best security, all our payments are processed securely by Stripe or, if selected as a payment option, Paypal.

2.     For all ongoing subscriptions, your credit or debit card will be billed at checkout for your first delivery only. For ongoing deliveries, you will be billed on a recurring basis every week in which a delivery is scheduled. The amount your card will be billed in any given week will be the value of your order(s) for the given week.

3.     For all gift bundles, your credit or debit card will be billed upfront on checkout for the entire cost of the subscription.

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

3. PRICES

 All prices include VAT unless otherwise stated.

4.DELIVERY DETAILS


It is your responsibility to ensure all delivery address/details for the recipient given are correct. Foxgloves of Birchington cannot accept any responsibility or costs for non-delivery to the intended recipient or losses in such circumstances.

We strongly advise that the sender advises the recipient to expect a delivery. Ensuring that the recipient is going to be at the delivery address, on the day of delivery, remains the responsibility of the sender. Foxgloves of Birchington cannot accept responsibility or costs incurred in such circumstances of non-delivery.

Delivery to flats:
In some flats please be aware that tenants may sign and receive deliveries for neighbours. You should be aware of this when placing an order for delivery. If a delivery has not arrived on time it is likely that a neighbour may have accepted and signed for a delivery on the recipient’s behalf. Please therefore notify the recipient to check with neighbours or orders where a third party will accept and sign for the delivery on the recipient’s behalf, for example, a hospital, airport, college, university, workplace, secure housing (with doorman) or any other such place, the signature of any person authorised to accept delivery on behalf of the organisation shall be accepted as proof of delivery. Foxgloves of Birchington suggests that the sender takes the time to inform any such third party to expect the delivery prior to placing an order to ensure there is no delay in the recipient receiving the order.

. OUR PROMISE, RETURNS AND REFUNDS

  1. We aim to delight our customers by delivering fresh flowers, in great condition, on time.

  2. Freshness

Our flowers are occasionally sent out in bud form meaning they will last longer with the recipient. If you receive flowers that do not seem fresh, please contact Hello@foxglovesbirchington.co.uk to let us know. If, at our sole discretion, the flowers do not meet our high 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 un-fresh flowers within 24 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 3 days. Please note that banks might take an additional 3-5 days to refund the amount to your card.

  1. Damage

While our flowers are packed carefully to ensure they arrive as fresh and beautiful as when they left us, on a small number of occasions (and for reasons beyond our control) they may get damaged in transit. 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 24 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 3 days. Please note that banks might take an additional 3-5 days to refund the amount to your card.

  1. 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 2 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 3 days. Please note that banks might take an additional 3-5 days to refund the amount on your card.

  1. 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.

  1. Flower availability and substitution

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.

6. CIRCUMSTANCES BEYOND OUR CONTROL

  1. Adverse weather conditions

During adverse weather conditions (including but not limited to heavy snow, ice, flooding or high winds), our delivery partners 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.

  1. Force Majeure

Foxgloves of Birchington 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, and (viii) any cause or circumstance whatsoever beyond Foxgloves of Birchington’s reasonable control.

7. OUR LIABILITY

  1. Subject to clause 5.2, 5.3 and 5.4, whilst we agree to use all reasonable endeavours to ensure that the Foxgloves service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any interruption of the Foxgloves 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 Foxgloves service impossible or impractical.

  2. We cannot accept liability for death or personal injury arising from our negligence.

  3. We accept liability for fraud or fraudulent misrepresentation.

  4. Subject to clause 8.2(a) and 8.2(b), 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 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).

  5. Subject to clauses 8.2(a), 8.2(b) and 8.2(c) 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 Foxgloves 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. CUSTOMER AND RECIPIENT PERSONAL INFORMATION

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

  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.

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

    1. 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. Please ensure that email addresses are accurate.

    2. Customer's full name and address We will use the customer's address for marketing communications from time to time.

    3. 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.

    4. 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.

9. INTELLECTUAL PROPERTY

  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.

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

  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, recipe ratings and reviews.

10. GENERAL

  1. We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Foxgloves of Birchington service from time to time. We will post any changes on the Foxgloves of Birchington website and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Foxgloves of Birchington website. Changes will be effective four 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. 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 Foxgloves of Birchington website, mobile applications and/or the Foxgloves services for any reason at any time for repair, maintenance, improvement or other technical reason, and to make changes to them.

  3. These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Foxgloves of Birchington website, 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. 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.

  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.

  6. Your purchase will be deemed to have occurred in the UK if the delivery was to an address in the UK, In the event of a delivery to an address 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.

  7. Thank you for your order, and we hope your Foxgloves experience will be a pleasurable one.

11. REGISTERED OFFICE AND TRADING ADDRESS

16 Station Road, Birchington on sea, Kent CT7 9DQ