Terms and Conditions
Contents
Last updated 20th August, 2024
General
Disclaimer
We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Saints site and or service from time to time. It is your responsibility to review the terms on each occasion. Changes will be effective immediately after the posting of any such change and all subsequent dealings between you and us shall be on the new terms.
These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Saints 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.
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.
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.
Your purchase will be deemed to have occurred in the UK and a copy of your order will be retained and filed by Saints. These Terms and Conditions and the contract concluded between us pursuant to an order placed by you shall be in the English language and shall be governed by and construed in accordance with English Law. The parties agree to submit to the exclusive jurisdiction of the English courts.
Saints
www.saintsflowers.co.uk is a website operated by Saints Flowers Limited. We are registered in England, company number 10630057 and registered address 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX.
Website
We reserve the right to amend, suspend, restrict or terminate access to our web site at any time. We will attempt to limit the frequency and duration of any such suspension or restriction and notify you where this will affect any ongoing order or subscription. In using our site you agree to accept and abide by all of our Terms and Conditions and act in accordance with the law. You may not alter, impair or interfere in any way with our website. If you default negligently in any obligations set out in these Terms and Conditions (including our Privacy Policy) you shall be liable for all the losses and damages that this may cause to Saints Flowers Limited, our affiliates, partners or licensors. By placing an order through our website, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
Orders and cancellations
Acceptance of order
All orders and subscription requests received are an offer to purchase goods and are subject to acceptance by Saints Flowers Limited (“Saints”). Acceptance of your offer and completion of the contract between us only takes place when we confirm to you via email that we have accepted your order. We will assign an order number to your order and notify you when we accept your order. Please quote this order number whenever you contact us as it will help us to deal with your order more quickly.
You are entitled to cancel your orders and subscription requests at any time before its acceptance by Saints.
Saints reserves the right, at its absolute discretion, to reject or cancel 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.
Gift card messages
You must agree that any messages sent by us as a third party will not contain anything that can be construed as vulgar, abusive, harassing, racist or defamatory and that may cause upset and embarrassment to the recipient or any other person. Saints retain the right to refuse to send or display any messaged deemed as objectionable.
Delivery dates
As a part of the checkout process, you will be able to select the date for delivery of your first order, 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). We will make every effort to satisfy your selection, but this cannot be guaranteed. Where we are unable to satisfy your selection, we will contact you to make alternative arrangements. Where we are unable to make alternative arrangements, we will refund you in full via the payment method used to place the order.
Changes to your order
If you wish to alter your order or subscription, please do so via the “My Account” area of our website or contact our Customer Service team at hello@saintsflowers.co.uk. We’ll always do our best to make last-minute changes for you, but we can only guarantee changes (including the delivery address and gift card message) no later than 48 business hours prior to your order dispatch.
Your cancellation rights
You can cancel single orders not later than 48 business hours prior to the requested delivery date. In those circumstances, a full refund will be given. If a lesser period of notice is given, we will only give a refund if we have not started preparation of your order at the time notice is given. We cannot accept cancellations for next day or same day orders. You can cancel your order via the “My Account” area of the Saints website. You can also cancel your order by contacting our Customer Services team at: hello@saintsflowers.co.uk.
Suspending or cancelling your subscription
You can suspend or cancel a subscription at any time by giving no less than 48 business hours notice before any nominated delivery date within your subscription plan. Provided you have given us the specified notice, the suspension or cancellation will take effect without charge. In such circumstances, if your card has already been billed we will issue a full refund. Where notice is received after that time and we have been unable to make the requested changes, please note you will still receive and be charged for your next delivery, but your suspension instruction will only take effect for the number of times you select unless a cancellation request is received. If you wish to change your subscription you can do so via the “My Account” area of the Saints website. You can also make changes by contacting our Customer Services team at hello@saintsflowers.co.uk.
Subscription prices
The price for each order within a subscription is the price at the time that a subscription is set up. We reserve the right, at our discretion, to raise our prices at any time for reasons including, but not limited to, price increases from our suppliers and partners. If we raise our prices, we will give our subscribers not less than 7 days notice before their next delivery and provide the option to cancel your subscription free of charge. If we receive no contact from you 48 business hours hours prior to your requested delivery date, we will assume that the changes are accepted by you and your order will proceed as amended.
Gift vouchers
Gift vouchers shall be valid for 12 months from the date of purchase, after which the remaining balance will be cancelled. Gift cards and e-gift cards cannot be returned or refunded, except in accordance with your statutory rights, for example in the event they are not of satisfactory quality.
Payment methods
We accept American Express, Visa, MasterCard credit and debit cards and PayPal. In order to offer the best security, all our payments are processed securely by Stripe Payments UK Limited.
For all subscriptions, your credit or debit card will be billed at checkout for your first delivery only unless you choose to pre-pay the full subscription total in advance. For subsequent deliveries, you will be billed on a recurring basis every week during 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 subject to any changes previously notified to you as above.
If you create an account, your card will be stored securely by Stripe so that you can check out on future visits without re-entering your card details. We never store or have access to your credit or debit card details.
Promotions
At our discretion, from time to time, we may offer products at discounted prices. These offers are valid from the time that we introduce them to the end date of the offer and they cannot be used for orders given before the offer introduction date or after the offer end date.
In the event that a customer has made an order and the price of the ordered product subsequently falls or is discounted owing to a special offer, the price of the product at the time of order shall prevail.
As our special offers are dependent on availability, we may change the terms of special offers, or withdraw them altogether, at any time, and without prior notice.
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.
Unless explicitly otherwise stated, free or discounted introductory offers are only available to new users of the Saints service, and are only available once to any one person.
Discounts and credits cannot be used in conjunction with any other offers.
Unless otherwise stated, we only allow one promotion code to be used per order.
Complaints and after sales assistance
In the event that you have any complaints or queries about your order or Saints generally, please contact Customer Service team at hello@saintsflowers.co.uk.
Prices and delivery charges
Prices
Prices listed on our website (or provided to you by any other method) include VAT and exclude delivery unless otherwise stated.
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.
Delivery charges
Each order you make will include a standard charge for delivery which will be displayed during the order process and before you place your order.
Delivery
Delivery will be made to the address specified by you when you register on our website. You have the ability to change this address through the “My Account” feature on the Saints website, and you must do so if you move home so that we can deliver to the correct address. We reserve the right to restrict deliveries in certain areas, and this includes the right to exclude certain areas from our delivery schedule altogether.
We use reasonable endeavours to ensure that deliveries are made on your nominated delivery day and it is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot. We may ask that an appropriate person signs for the goods on delivery.
Should no one be available to accept the delivery, the flowers will be left on the property (including on a porch or step) or with a neighbour. Should you have a preferred location for our courier to leave your order, please specify this when contacted by our courier. Should you prefer our courier or drivers not to leave the flowers on the property if no one is available to sign for the consignment, please write this clearly in the delivery information box when navigating through the checkout process. In this instance, the flowers will be taken back to the delivery depot and the recipient will be left a card asking them to call and arrange a re-delivery. In some instances a re-delivery fee may be payable.
Flowers and other products will be at your risk from the time of delivery. We cannot accept any liability for delayed deliveries caused by any third party or due to fire, flood or mechanical breakdown.
Customer and recipient information
It is very important that you provide accurate personal information during the checkout process as we use this information to handle and deliver orders, process payments, and communicate with you about orders, products, services and promotional discounts.
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.
We also use information collected to provide a better customer experience by sending order confirmations, substitution information, dispatch confirmations and delivery confirmations.
We use the customer’s full name and address information for credit and debit card validation by our payment provider.
We will use the customer’s email for marketing communications from time to time, as further set out in our Privacy Policy.
We use this telephone numbers to contact customers in the event of problems with the order such as payment failures or delivery issues.
We require the recipients full name and address in order to deliver the flowers and products you have ordered. It is vital that the recipient’s address is accurate. We shall not be liable for delivery failure where incomplete or incorrect delivery details have been provided.
Incorrect delivery information
Incorrect details may lead to problems or delays in delivery. Before placing your order please ensure you have included the full name, address details, including accurate postcode and telephone number of the intended recipient and your daytime contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered.
Special delivery conditions apply to certain locations where a third party is involved such as hotels, hospitals and offices. In such cases, the signature of the person authorised to receive the order shall be accepted as proof of delivery and fulfilment of the order. We shall not be liable for delivery failure where incomplete or incorrect delivery details have been provided.
Delivery instructions
In the event that flowers are left unattended on you property, with a concierge or a neighbour we expressly disclaim all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature.
Third party delivery address
Where placing an order to be delivered to an address owned or managed by a third party, such as a hospital or a business, it is your responsibility to check that the third party will accept delivery of the goods. We shall not be liable for instances where a delivery is refused by such third party. In such circumstances, we will contact you to attempt to rearrange delivery at an alternative address and a redelivery fee will be payable.
Re-delivery
We will use reasonable efforts to contact you to make arrangements for redelivery when necessary. If we are unable to arrange a redelivery we shall be entitled to cancel your order and charge you in full for the price of any perishable items and the cost of delivery. The cost of any non-perishable items will be refunded to you.
Events outside of our control
Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery date. In any event below, our liability to you will be limited to the price of goods not delivered and the cost of delivery.
Non-delivery
While we take all appropriate steps to make sure our flowers are delivered, sometimes mistakes occur. If we fail to deliver your order we will either send you a free replacement on our next available delivery date, or we will refund you the full price of your order within 3 days. Please note that banks might take an additional 3-5 days to refund the amount on your card.
Flowers and other goods
Flowers
You understand and accept that flowers are natural products and some variation in size, colour, shape and length of life is to be expected and that they might vary slightly from the specifications. All products and flowers are subject to availability. In the event of any supply difficulties, you acknowledge and agree that, 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. If we are unable for any reason to make up a satisfactory replacement, we will make a full refund of the price of your order.
Our flower orders will often be sent out in bud form meaning they will last longer with the recipient. While our flowers are packed carefully to ensure they arrive as fresh and beautiful as when they left us, on occasions (and for reasons beyond our control) they may be damaged in transit. If you receive flowers that do not seem fresh or are damaged, please contact our Customer Service team at hello@saintsflowers.co.uk.
If the flowers do not meet our own high standards, we will give you the choice of a free replacement at our next available delivery date, or a partial or full refund. Please note that you will need to email us a photo of the poor quality or damaged flowers within 48 hours of receipt in order to be eligible for a refund or replacement. If we offer you a refund, we will refund you the full amount within 3 business days. Please note that banks might take an additional 3-5 days to refund the amount to your card. This is without prejudice to your statutory rights in respect of damaged, defective or incorrectly supplied goods.
Pictures
Images of the flowers, bouquets and plants on our website are for illustrative purposes only and demonstrate the standard 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.
Allergies
Please contact 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.
Flower care
In order to get the best out of your flowers, please follow any maintenance guidelines or instructions that we may give to you. 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.
Damage
We carefully package and distribute all flowers to ensure they arrive with the intended recipient in perfect condition however, in the unlikely event that your flowers have been damaged in transit please keep the flowers and contact us within 24 hours of receipt. We cannot be held liable for claims reported outside of this time. Where possible we will offer to replace the damaged flowers, however if this is not feasible we will offer a full refund to the purchaser. If you have ordered any other goods from us and you are not happy about the condition in which they have been delivered to you, please contact our Customer Service team at hello@saintsflowers.co.uk.
Returns and refund policy
Returns
Please understand that due to the perishable nature of flowers, we are unable to accept returns. If you wish to return any accessories, you can do so within 14 days of the date on which you place your order and we will refund to you the price you paid for the products along with the standard delivery cost for those products. You will need to pay any costs associated with returning the products.
Non-perishable products
If you change your mind for any reason and wish to receive a refund for a non perishable product (pot, vase or candle) purchase, we are happy for you to return your purchase to us within 30 days of it being dispatched. The item must be unused and in its original retail packaging.
Please note, we do not cover the cost of returns and we strongly advise that you insure your parcel for the correct purchase price and obtain proof of postage alongside a tracking number as we are unable to issue a refund for items that are lost or damaged whilst being returned to us. Please ensure any item returned to us is packaged well; we reserve the right to refuse a return on any item which is not in perfect condition. To arrange a refund, please contact our Customer Service team on hello@saintsflowers.co.uk.
Incomplete or incorrect products
In the event that products delivered to you are incomplete or include incorrect goods, you must notify us within 24 hours of your delivery date. You will not be charged for any incorrect products or goods which you have not received. In any event our liability will be limited to the price of the products not delivered or incorrectly delivered and the cost of delivery.
Refunds
All refunds will be processed to the original payment card used. We cannot be responsible for any interest charges made by your credit card company whilst you are awaiting for your return to be refunded onto your card. We are unable to apply any discounts after the checkout process has been completed.
Liability
Many of the rights and remedies granted to you herein are granted pursuant to, and interpreted in accordance with, UK legislation and regulation.
Save as hereinbefore provided, whilst we will do our utmost to ensure that the Saints service is uninterrupted and error-free, we cannot guarantee this and, therefore, we accept no responsibility for any interruption of the Saints website or 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 Saints website or service impossible or impractical.
We exclude, to the fullest extent permitted by applicable laws, and save in respect of death or personal injury arising from our negligence, all liability of any claims, losses, demands and damages arising directly or indirectly out of or in any way connected with your use or inability to access the Saints website and or service. This exclusion shall apply in respect of, 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, whether arising in contract, tort, under statute or otherwise provided that nothing contained in these Terms and Conditions affects or will affect the statutory rights of the customer or the recipient in relation to the quality, fitness or description of the products supplied.
Damages and loss
Under no circumstances will Saints be liable for (i) losses or damages that were not caused by a breach of these Terms and Conditions, or (ii) any direct or indirect business losses or damages (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), whether foreseeable or otherwise or (iii) any losses or damages that were not foreseeable to both you and us when you commenced using the Saints service.
Loss or damage is foreseeable if either it is obvious that it will happen or, if at the time the contract was made, both Saints and you knew it might happen, for example if you discussed it with us during the sales process.
Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct or for any other liability where it is unlawful for us to exclude it.
If the products we deliver are not what you ordered or are damaged or defective, or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us of the problem within 24 hours of receipt of the products in question. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition, and we shall have no liability to pay any money to you by way of compensation.
We accept no liability for death or personal injury arising from our negligence.
We accept no liability for fraud or fraudulent misrepresentation.
We shall have no liability to you for any failure to deliver products you have ordered or any delay in doing so that is caused by any event or circumstance beyond our reasonable control, including but not limited to breakdown of systems or network access, flood, fire, explosion or accident.
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement, but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
Force majeure
Saints shall not be liable for late or non-delivery of any order 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 license 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 other cause or circumstance whatsoever beyond Saints’ reasonable control.