Terms and Conditions
- THE TERMS
1.1 These terms and conditions (the “Terms”) set out your rights and obligations, and those of Petal Plan Limited (“Petal Plan”, “we”, “us”), in relation to this website, www.petalplan.com (the “Website”). These are the terms and conditions on which Petal Plan shall accept an order from you as a purchaser (the “Purchaser”) and/or supply a personalised card (the “Initial Goods”) and flowers selected in line with the Purchaser’s preferences (the “Subsequent Goods” and together with the Initial Goods, the “Goods”) to you as a recipient (the “Recipient”).
1.2 Please read these terms carefully before you submit your order to Petal Plan. These terms tell you how the Goods will be provided, how you may end the contract and other important information.
1.3 We are a company registered in England and Wales (company number 11395890 under the name Petal Plan Limited. Our VAT registration number is 305 0849 23.
1.4 By registering with Petal Plan to either purchase flowers or receive flowers (an “Order”), you accept that you are entering into a contract with us under these Terms. Under these Terms, an Order shall be any registration by you with Petal Plan as a Purchaser or a Recipient, as the context requires. Visitors to the Website who do not register with Petal Plan, but who nevertheless use the Website, affirm that they are bound by these Terms each time they access the Website.
1.5 You must be at least 16 years of age to use the Website or the app.
1.6 If you do not agree to these Terms,, you must not use the Website.
1.7 You will be able to access most areas of the Website without registering your details with us. Other areas, and the opportunity to place orders with us, are only open to you if you register. I agree to the Terms & Conditions and Privacy Notice, and I am 16 years or older.
- INFORMATION ABOUT PETAL PLAN AND HOW TO GET IN TOUCH
2.1 The legal contract for the supply of the Goods is entered into between you and Petal Plan. Petal Plan is responsible for supplying the Initial Goods and sourcing the supply of the Subsequent Goods. The Subsquent Goods will be sourced from independent third party florists (each a “Florist”). Petal Plan’s trading name and contact details can be found on its website at www.petalplan.com.
2.2 If you have a question or needs any assistance, you should contact Petal Plan in the first instance. You can contact Petal Plan’s customer service team at email@example.com.
2.3 If a Florist or Petal Plan needs to contact you it will do so by telephone or by writing to you at the email address or postal address you provided when placing an order for the Goods or registering to receive the Subsequent Goods (as the case may be).
2.4 "Writing" includes emails. When the words "writing" or "written" are used in these terms, this includes emails.
- PETAL PLAN’S CONTRACT WITH YOU
3.1 Acceptance of your Order will take place when Petal Plan emails you to accept and confirm it, at which point a contract will come into existence between you and Petal Plan for the supply of the Goods (the “Contract”).
3.2 If Petal Plan is unable to facilitate the supply of Goods, Petal Plan will inform you of this by email and if you are the Purchaser, Petal Plan will refund you the full amount charged as soon as possible.
3.3 Petal Plan is under a legal duty to supply Goods that are in conformity with the Contract. Petal Plan will supply the Subsequent Goods in line with the options selected by the Purchaser. Any photographs included on the website are representative and Petal Plan may select the Goods at its discretion in order to fulfil the Contract.
3.4 Petal Plan will assign an order number to your Order and will tell you (the Purchaser) what it is when it accepts and confirms your Order. Petal Plan will assign a redemption code to your Order and will tell you (the Receiver) what it is when it accepts and confirms your Order. It will help Petal Plan if you can quote the order number or redemption code whenever you contact Petal Plan about your order.
3.5 There are limited circumstances in which you may cancel an Order after it has been made. Further details are set out in Section 6 of these Terms.
4.1 Prior to the supply of the Subsequent Goods to the Recipient, Petal Plan will supply the Initial Goods to the Recipient.
4.2 Goods will vary from their pictures. The images of the Goods on Petal Plan’s website www.petalplan.com are for illustrative purposes only. Your Goods may be selected by Petal Plan at its discretion in order to fulfil the Contract.
4.3 The packaging of the Goods may vary from that shown in images on Petal Plan’s website.
4.4 The Subsequent Goods offered are subject to availability, as seasonal and supply changes will occasionally affect the availability of particular flowers, floral designs and other items on sale. The bouquets and arrangements Petal Plan sources are hand made, so no two will ever be identical.
4.5 If you are the Purchaser, to avoid problems or delays with delivery of the Initial Goods, please ensure that you have included the full address details for the Recipient, including the accurate postcode of the delivery location. Please also include an accurate phone number and email address for you, so that we can notify you in the event that any delivery problems are encountered.
4.6 If you are the Recipient. the Subsequent Goods can be redeemed by you using the unique redemption code sent to the recipient with the Initial Goods. There is no expiry date to this code and delivery will be fulfilled following confirmation of the requested delivery date and location. To avoid problems or delays with delivery, please ensure that you have included the full address details, including accurate postcode of the delivery location and any appropriate delivery instructions.
5.1 All delivery costs are included within the overall price paid to Petal Plan. This includes delivery of the Initial Goods when ordered by the Purchaser and delivery of the Goods, when requested by the Recipient.
5.2 Delivery of Initial Goods. Petal Plan shall arrange for the Initial Goods to be delivered to the Recipient as soon as reasonably practicable to the address set out by the Purchaser when the Purchaser places the Order. If you are the Purchaser and place the Order before 3pm on a working day, the Initial Goods shall be sent by Petal Plan on that same day. Orders made after 3pm will be fulfilled by Petal Plan on the next working day. If you place an order on a non-working day, the Initial Goods shall be sent to the Recipient during the next working day.
5.3 Delivery of the Subsequent Goods. If you are the Recipient, during the process to place the Order, you will be asked to select when you want the Goods to be delivered. We will use reasonable endeavours to meet the requested delivery date for the Subsequent Goods. Delivery of the Subsequent Goods will be made in line with the timing preferences specified by the Recipient on a reasonable endeavours basis. Petal Plan cannot guarantee the timing or nature of the delivery, but will take reasonable measures to ensure the satisfactory completion of the Contract.
5.4 Petal Plan cannot take responsibility for the proper packing and storage of the Subsequent Goods. Petal Plan will select the Florist to provide you with the Subsequent Goods.
5.6 Petal Plan shall arrange for the Goods to be delivered to the Recipient: (a) to the address set out by the Recipient when delivery is requested, or to such other address as you may notify Petal Plan prior to delivery;
(b) at such date as is set out in the email accepting your Delivery Arrangement.
5.7 Petal Plan does not take liability if delivery of the Goods cannot be made as a result of: the wrong delivery address being provided; the Recipient being unable to take delivery of the Goods and no alternative option provided; or the Recipient being unable to be contacted by the courier.
5.8 Petal Plan is not responsible for delays outside its control. If the third party Florist’s supply of the Subsequent Goods is delayed by an event outside its control then Petal Plan will contact you as soon as possible to let you know and will take steps to minimise the effect of the delay.
5.9 The Goods will be your responsibility from the time of delivery of the Goods to the address you supply to Petal Plan when you place the order.
5.10 Neither Petal Plan, nor (in relation to the Subsequent Goods), any delivery service that the Florists use, shall be liable for any failure to perform the delivery of Goods where such failure or delay results from any circumstances outside our reasonable control. These circumstances include but are not limited to adverse weather conditions (such as snow, flood and extreme winds), fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or industrial dispute or strike.
- YOUR RIGHTS TO END THE CONTRACT
6.1 You may be able to end your Contract with Petal Plan. Your right to end the Contract will depend on whether there is anything wrong with the Goods and when you decide to end the Contract. These are the circumstances in which you can end the Contract:
(a) Prior to personalisation of the Initial Goods. Should you wish to cancel your Order and receive a refund, please contact us as soon as possible following receipt of your order confirmation at firstname.lastname@example.org. If your Order has already been printed or despatched then, unfortunately, we cannot cancel the Order. Should you wish to amend your Order, please get in touch and we will use reasonable endeavours to meet your requirements.
(b) If the Goods are not of satisfactory quality or mis-described, you may have a legal right to end the contract. Petal Plan guarantees to replace any sub-standard Goods. Further details are set out in 6.4, below.
(c) Petal Plan has told you about an error in the price or description of the Goods you have ordered and you do not wish to proceed.
(d) There is a risk that supply of the Goods may be significantly delayed because of events outside Petal Plan’s control.
(e) You have a legal right to end the contract because of something Petal Plan has done wrong.
6.2 No right to change your mind under the Consumer Contracts Regulations 2013 once your Order has been accepted. You do not have a legal right to change your mind and receive a refund once your Order has been accepted by Petal Plan as the Goods are perishable. If you are the Recipient, you do not have a legal right to change the Order placed by the Purchaser of your Goods.
6.3 To end the Contract with Petal Plan under clause 6.1, please contact Petal Plan by email at email@example.com. Please provide your name, order number, details of the Order, reason for cancellation and your phone number and email address.
6.4 The Petal Plan Guarantee. Petal Plan guarantees to replace Subsequent Goods which are not of a suitable quality. “Quality” refers to the condition of the flowers received. Further details are set out below:
(a) Factors indicating poor Quality may include: wilted flowers, broken stems, dead flowers, other damage to leaves/stems, limited durability of flowers.
(b) The Quality guarantee does not relate to stylistic factors, including but not limited to: style of flowers; size of bouquet; colour of flowers; style of packaging.
(c) Should you be unhappy with the quality of your flowers, please contact Petal Plan by email at firstname.lastname@example.org. Please provide your name, delivery address, details of the Order, reason for requiring replacement (including photographic evidence) and, where available, your phone number and email address.
(d) Requests for Subsequent Goods replacement under the Petal Plan Guarantee must be submitted with photographic evidence within 48 hours following delivery of the flowers.
(e) Petal Plan retains full discretion as to whether the flowers received require replacing.
6.5 Petal Plan will fulfil any order replacement, or make any refunds due to you, as soon as possible.
- PRICE AND PAYMENT
7.1 The price of the Goods (which includes VAT and delivery costs) will be the price indicated on the relevant order page of Petal Plan’s website when the Purchaser places their Order. The price includes the price for the Initial Goods, the Subsequent Goods and all delivery costs. Petal Plan takes all reasonable care to ensure that the price of the Goods advised to you is correct.
7.2 Petal Plan will use best efforts to ensure that the Subsequent Goods selected are commensurate with the price point selected.
7.4 Petal Plan accepts payment via Shopify with Visa, Mastercard, PayPal, Apple Pay, Google Pay and American Express. If you are the Purchaser, you must pay for the Goods before Petal Plan and the Florist dispatches them. If you are the Recipient, you will not be required to make any payment for the Goods.
7.4 Prices for our service are subject to change without notice.
7.5 Petal Plan shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
- PETAL PLAN'S RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
8.1 If Petal Plan fails to comply with these terms, it is responsible for loss or damage you suffer that is a foreseeable result of it breaching this Contract or failing to use reasonable care and skill, but it is not responsible for any loss or damage that is not foreseeable.
8.2 Petal Plan does not exclude or limit in any way its liability to you where it would be unlawful to do so.
8.3 Petal Plan only supplies the Goods for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose Petal Plan will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- HOW PETAL PLAN USES YOUR PERSONAL INFORMATION
9.1 Petal Plan will use the personal information you provide to supply the Goods to you (these are required to be shared with the Florists).
9.2 Petal Plan will only give your personal information to other third parties where the law either requires or allows it to do so.
- OTHER IMPORTANT TERMS
10.1 These terms and the Contract are governed by English law and you can bring legal proceedings in respect of the Goods in the English courts.
10.2 Petal Plan reserves the right at any time to modify or discontinue Petal Plan (or any part or content thereof) without notice at any time.
10.3 In the event that Petal Plan ceases to operate, any outstanding Orders will be fulfilled on a reasonable endeavours basis.
10.4 Petal Plan shall not be liable for any failure to perform in our obligations where such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service.
10.5 Petal Plan may transfer its rights and obligations under the Contract to another organisation.