Terms and Conditions
Products
1.1 All Products on this website (which may vary from time to time) are available in Cork.
1.2 Certain Products may be delivered by us in bud to ensure longer life.
1.3 Some Products, Flowers and Plants may be harmful or poisonous, if you require further information before submitting an order please contact us using the contact details set out in Section 6 below.
1.4 All Products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute a Product of equivalent value and quality without notice.
1.5 In the event that we are unable to supply the Product or any substitute product to you at all, we shall notify you as soon as is reasonably possible & shall reimburse your payment in full & no later than 30 days after the intended delivery date.
1.6 We may substitute different flowers, different colour flowers, different boxes, vases etc. subject to stock availability.
1.7 We are not liable for any consequences of the product once it leaves our shop.
Prices
2.1 Prices listed within the Service are valid for a maximum of 14 days from submitting your order.
2.2 Prices include VAT.
Order / Payments
3.1 During order submission you are required to provide us with your personal details, including accurate Eircode, along with those of the recipient & payment details. We accept payment by most major credit and debit cards. By clicking on the 'complete order’ button on the Order Form, you consent to be bound by our terms & conditions contained in these Terms & Conditions that appear on our website.
3.2 Submitting your Order Form is subject to our acceptance of this offer & we will not consider ourselves bound by a contract with you unless we have issued you a confirmation of order delivery by email. This is not the email sent on submission of an order.
3.3 We cannot accept Order Forms from customers under the age of eighteen (18) years.
Delivery
4.0 Our personal, same day delivery service is only available within the Cork city & Cork city suburbs areas.
4.1 On acceptance by us of your Order Form we will advise you by e-mail confirmation of the intended delivery date. We will process Order Forms received on Saturdays, Sundays or Public Holidays the next working day. We do not deliver on Saturdays, Sundays or public holidays.
4.2 Anomalies in your submitted personal details may lead to problems or delays in delivery, so before placing your order, please ensure that you have included the full address details, including accurate Eircode of the recipient & your telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered.
4.3 Whilst we agree to use all reasonable endeavours to ensure that delivery will be on the requested delivery date you acknowledge that 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 shall reimburse your payment in full.
4.4 In case of delivery to certain locations where a third party is involved, such as apartment buildings, offices, some hospitals, airports, hotels, ships & other business locations, the delivery will be left with the receptionist. Please be advised that we are unable to deliver alcohol.
4.5 Please note that we are only responsible for delivering to the address you quote (or an imminent neighbour if no one is at home). We regret that where goods have been correctly delivered we can not accept responsibility if the intended recipient has moved, lives elsewhere, or the person who received the goods refuses or fails to return item(s).
4.6 Where we are unable to find someone to accept delivery we will either deliver to a neighbour, at the delivery address if safe to do so, or leave a card at the address for the recipient to contact us. If we are unable to make delivery, the order is returned to the shop. If a second delivery is required and additional delivery charge will apply.
4.7 It is not possible to select a preferred delivery time (AM/PM) within the order process in the Delivery Notes field. We will make every effort will be made to ensure your order is delivered prior to the time selected for funeral services, however no guarantee for delivery by the time specified can be given. To assist us in meeting your preference, please ensure your order is placed at least one working day prior to the preferred delivery time.
4.8 In the instance of there being difficulties in delivering your order to the intended recipient we reserve the right to contact the recipient using the contact details you provide on the Order Form.
4.9 When placing your order you are able to specify further delivery information using the 'Delivery Notes' 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 & will use other elements of address information provided elsewhere on the order form to fulfill your order.
Cancellation
5.1 Orders may be amended or cancelled up to 24 hours before the intended delivery date.
5.2 To amend or cancel your order, please contact us using the contact details set out in Section 6 below.
5.3 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 & to be re-credited by us to the extent that such sums are not reimbursed by the card issuer in such circumstances.
Customer Services
6.1 In the event that you are not satisfied with the Online Service any complaints should be addressed to:
unforgettableflowerscork@gmail.com
Unforgettable Flowers Ltd
Unit 9 Millfield Industrial Estate,
Commons Road,
Cork
T23 KX71
6.2 Because of the perishable nature of Products & in order to assist us in resolving any complaints quickly, all complaints must be made to us within 2 working days of the date of delivery or intended delivery of your purchase.
6.3 Flowers must be returned to us in the shop by the recipient or the sender in the event of problems. We will determine the appropriate action.
6.4 Our policy for legimate complaints is replacement or refund (*excluding delivery charge*).
6.5 We regret that balloons and chocolates cannot be replaced & are non refundable.
Disclaimer
7.1 Whilst we agree to use our reasonable endeavours to ensure that this Online Site and/or the Online Service is fully operational & error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the Online Site and/or the Online Service & shall be released from our obligations under these Terms & Conditions in the event of any cause beyond our reasonable control which renders the provision of the Online Site and/or the Online Service impossible or impractical.
7.2 (a) We accept liability for death or personal injury arising from our negligence.
(b) Subject to clause 7.2(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 Form with us shall be limited to a multiple of 3 times the price you have paid for the Products.
(c) Subject to clauses 7.2(a) and 7.2(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 Online Site and/or the Online 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 4.3 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
8.1 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Online Site and/or the Online Service from time to time. We will post any changes on the Site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Online Service or Online Site. Changes will be effective five (2) hours after the posting of any such change and all subsequent dealings between you and us shall be on the new terms and conditions.
8.2 Additionally, we reserve the right to suspend, restrict or terminate access to the Online Site and/or the Online Services for any reason at any time.
8.3 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Online 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.
8.4 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.
8.5 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.
8.6 Save 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.
8.7 Your purchase will be deemed to have occurred in the Republic of Ireland. These Terms and Conditions shall be governed by and construed in accordance with Irish Law and the parties agree to submit to the exclusive jurisdiction of the Irish courts.