The terms and conditions of OK Bouquet Limited (“OK Bouquet”) are as follows on this document, together with the documents referred to on it. They tell you the terms on which we supply any of the products listed on our website www.okbouquet.com to you (the customer). Please read them carefully before ordering any of our products. If you do not accept these terms, please do not use this website.
By accessing this website and/or ordering any of our products from our site you are accepting and agreeing to be bound by these terms, and to comply with all applicable laws and regulations. We recommend you print a copy of these terms for future reference.
This information is supplied in English only.
1. Information About Us:
1.1. www.okbouquet.com is operated by OK Bouquet Limited, operating from Unit 6, Stocking Pelham Farm, Stocking Pelham, Buntingford, Hertfordshire, SG9 0HT. We are registered in England & Wales under Company Number 09102211. Our VAT number is 196153291.
1.2. Our business hours are 9am to 5pm Monday to Friday, excluding bank or public holidays in England. We can be contacted outside these hours via email at [email protected] and we will aim to respond to you the following working day.
‘OK Bouquet/we/us/our’ – OK Bouquet Limited.
‘Customer’ and/or ‘You’ – the individual(s) or company using this website (including any person(s) accessing the website using your personal information and/or shopping account).
‘Agreement’ – the terms and conditions as specified on this document and all documents referred to on it, including any amendments made.
‘Terms’ – the terms and conditions.
‘Product(s)’ – an item(s) displayed for sale on our website www.okbouquet.com.
‘Our website/the website/this website’ – the website located at www.okbouquet.com.
5. Intellectual Property Rights:
5.1. All materials on this website (including but is not limited to, the logo(s), design, layout, look, appearance, graphics and textual content) are protected by copyright and intellectual property laws and are the property of OK Bouquet and our licensors. They are made available for your personal, non-commercial use only. No content or materials may be reproduced, copied, used, sold or duplicated either online or offline without the written permission of OK Bouquet.
5.2. You may (if necessary to make a purchase) access and download the materials located on www.okbouquet.com onto one hard drive only for personal, non-commercial use only, subject to the restrictions below:
5.2.1. You must not:
1) republish any material from this website;
2) sell, rent or otherwise sub-license any material from the website;
3) show any material from the website in public;
4) reproduce, duplicate, copy, mimic or otherwise exploit any material on our website for a commercial, or any other, purpose;
5) edit or otherwise modify the digital copy of any materials you have downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; or
6) e-distribute any material from this website.
5.2.2. In addition:
1) Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
5.3. Any other use of the material and content of the website is strictly prohibited without the written permission of OK Bouquet.
6. Use of the Website:
6.1. You are provided with access to this website in accordance with these terms and any orders placed by you must be placed in accordance with these terms. You warrant that all information you provide to us as a customer is correct and complete in all respects. You must notify us of any changes to the information you have provided as soon as possible either by e-mailing us at [email protected] or by calling us on 07977 224660 between 9am and 5pm Monday to Friday (excluding bank or public holidays).
6.2. By placing an order through our website, you are confirming that you are legally capable of entering into a legally binding contract and that you are over 18 years of age.
6.3. 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 you shall be liable for all losses and damages that this may cause to OK Bouquet, our affiliates, partners or licensors.
7.1. You agree to indemnify us fully, and to defend and hold us and our directors, employees, agents and suppliers harmless from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these terms by you or your use of this website, or the use by any other person accessing the website using your shopping account and/or your personal information.
7.2. You acknowledge and agree that if your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you will assume all costs thereof.
8. Our Rights:
8.1. We reserve the right to withdraw or amend, temporarily or permanently, this website (or any part thereof) without notice to you.
8.2. We reserve the right to change these terms and conditions at any time, and it is your responsibility to check these regularly before entering into any agreement.
8.3. By continuing to use this website, you are (a) confirming that you have accepted any such changes and (b) you are agreeing that we shall not be liable to you or any third party for any modification to or withdrawal of the website.
9. Product Information:
Certain flowers may be sent in bud to ensure as long a vase life as possible.
10. Health & Safety:
10.1. Some flowers and plants may be harmful or poisonous. Please ensure children and animals do not touch or eat them and we recommend either wearing gloves when handling flowers or ensuring you wash your hands thoroughly after handling.
10.2. We will not be held responsible for any allergic reactions that may occur from flowers (including pollen) or foliage. Please be aware that pollen may stain any material it comes into contact with; especially lilies.
11. Product Availability & Substitution:
All our products are subject to seasonal availability. We reserve the right to substitute any product required or part of product (without notice), with an alternate product of a similar style and equivalent (or greater) value and quality.
12. Product Colours:
We make every effort to ensure that images match the relevant item as closely as possible, but the constraints of digital reproduction on different web browsers can cause colour depiction to deviate from the actual item, and so as a result of this the colours of an item may vary a little from what you see on your screen.
13. Ordering and Contract:
13.1. Our ordering process is easy to navigate. Please follow the instructions as you proceed. If you have any questions about how to order, or run into difficulties, please contact us.
13.2. By placing an order you are agreeing to be bound by these terms and that all information provided by you is accurate and complete. Once payment has been made in full and cleared, you will receive an email from us acknowledging the receipt of your order and detailing product(s) ordered, cost and delivery details. Please check all details on this acknowledgement are correct and contact us as soon as possible if any details are incorrect. You can call us on 9am – 5pm, Monday to Friday (excluding public holidays), or email us at [email protected]
13.3. Please note that your order does not form a binding contract between us, but rather an offer to purchase goods from us. All orders are subject to acceptance by us, and no contract for the sale of any product will exist between you (the customer) and us (okbouquet.com) until we accept your order by despatching the product to you.
13.4. Your order is accepted when we despatch the goods you have ordered, and not before, at which point a legally binding contract shall exist between us. We will send you a Despatch Confirmation email to let you know when the goods have been despatched. We reserve the right not to accept any order, and to cancel an order at any time prior to despatch, without giving reason. In the event of cancellation, we will refund or cancel any payments received in full, via the payment method used to place the order.
13.5. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
We accept payment by PayPal and all major credit and debit cards via PayPal.
All card transactions (including via PayPal) are subject to validation checks and authorisation. If for any reason the issuer of your payment card refuses to or does not authorise payment to us, we will not be liable for any delay or non-delivery.
16.1. All prices are in UK Pounds Sterling and are inclusive of VAT where applicable, but exclude the delivery charge, which is determined and added to your order at checkout.
16.2. Although we try to ensure all prices on our website are correct and up to date at all times, it may occasionally happen that prices are incorrect or have changed without notice. In the event that a price is incorrect for whatever reason, we will correct the price and ask you to confirm whether you still wish to purchase the goods at the correct price, or cancel your order. If we are unable to contact you, we will at our discretion treat the order as cancelled. We will not be obliged to supply goods at the incorrect price, and reserve the right to withdraw the goods from sale and cancel your order at any point prior to despatch.
16.3. Prices are liable to change at any time.
17.1. We use Interlink to deliver our bouquets and offer a variety of delivery options as detailed on our Delivery Information page. We are currently unable to deliver to the Scottish Highlands and Islands, Channel Islands, the Republic of Ireland, PO Boxes or BFPO addresses.
17.2. Our delivery options, cut-off times and prices can be found on our Delivery Information page. Please ensure you read these carefully before placing your order.
17.3. We are unable to deliver on Mondays, bank or public holidays, or on days immediately following public holidays.
17.4. Please ensure all delivery address details are entered correctly. Once despatched, we are unable to amend delivery details. We will not be held responsible, and have no liability to you for any items that are not delivered or are delayed due to incorrect details. We cannot also accept liability for out of pocket expenses or other costs incurred due to failed or delayed delivery.
17.5. If the recipient is not in when delivery is attempted, a card will be left with details of how the item can be collected or redelivered. The flowers may be left in a safe place (at your own risk) or with a neighbour if this has been requested when ordering but this cannot be guaranteed. If you would prefer that the flowers are not left in a safe place or with a neighbour but re-delivered, please specify this in the comments section when ordering. If you have requested that we leave your goods in an unsecure location, we cannot accept any liability for any resulting loss.
17.6. Products will be at your risk from the time of delivery. We do not accept any liability for delayed deliveries caused by any third party or by fire, flood or mechanical breakdown.
17.7. During adverse weather conditions (including but not limited to high winds, heavy snow, ice, flooding or heavy fog), our delivery partners may be unable to deliver orders on time. This is outside of our control and we do not accept any liability or responsibility for delayed deliveries in these circumstances. In the event of adverse weather conditions, we are not able to refund or offer re-delivery of any such affected orders.
17.8. Please note re-delivery can only be made to the original address, Monday to Friday. Re-delivery to a different address will incur a charge of £6.60. Re-delivery on a Saturday will incur a charge of £14.50.
17.9. In the case of delivery to certain locations such as hospitals, hotels and business locations, delivery may be made to a third party, such as reception, and not the recipient.
18. Damaged Items:
18.1. In the unlikely event that your flowers arrive damaged please notify us within 24 hours, including a photo of the damage in question. We cannot be liable for claims reported outside of this time.
18.2. Please see our Delivery Information page for further information.
19.1. Amendment requests must be made a minimum of two (2) working days in advance of the delivery date in order for us to make the changes you have requested. Amendments may be made by emailing us by at [email protected] or calling us on 07977 224660. Once we have received your amendment request we will send you an email requesting confirmation that you wish to amend your order. You will then need to reply to this email to confirm.
19.2. Orders may be cancelled up to two (2) working days prior to the delivery date by emailing [email protected], stating your order number and reason for cancelling. Once we have received your cancellation request, we will send you an email requesting confirmation that you wish to cancel. You will then need to reply to this email to confirm cancellation.
19.3. Once an order has been despatched we cannot cancel it due to the perishable nature of the product.
19.4. Your right to cancel under the Consumer Contracts Regulations 2013 does not apply to perishable goods which includes all flowers and plants.
Due to the perishable nature of flowers, we are unable to accept returns.
21. Your Account:
21.1. You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. OK Bouquet shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
21.2. You are also responsible for ensuring that all information provided to us is correct and complete, and for informing us of any changes to the information you have provided.
22.1. We sometimes issue promotional codes to customers that give benefits such as discounts and free delivery. These codes are usually restricted to one use per customer and may only be used by the person to whom they are issued, they are not transferable and they must only be used in accordance with their own specific terms and conditions.
22.2. By using a promotional code to claim a benefit you will be confirming that you are entitled to use the code. If we discover this not to be the case, we reserve the right to cancel the order.
22.3. Certain promotional codes may be restricted for use against specified products.
22.4. Where a promotional code entitles you to a percentage discount, the discount will not be applied to the delivery charge.
22.5. Promotional codes cannot be exchanged for a cash alternative or used in conjunction with any other promotions.
22.6. We are unable to apply discounts to orders already placed.
22.7. Promotional codes may be withdrawn, or suspended without notice for any reason.
23. Gift Vouchers:
23.1. Gift vouchers can be used to purchase items online from www.okbouquet.com only. They may not be exchanged for cash or returned or refunded.
23.2. Please refer to the specific terms and conditions relating to each promotion, as well as the terms and conditions listed on this page. We reserve the right at any time, at our sole discretion, and without notice to end, suspend, amend or add additional terms and conditions to any promotion. You may not use more than one promotion per order and promotions may not be used in conjunction with one another unless otherwise specified by us.
24. Product Reviews:
Customers may leave product reviews on our website. We regularly monitor this content and we reserve the right to remove, reject or edit it at any time. When submitting information to our website as a review, you understand that what you have submitted is not copyright protected and you are permitting its appearance on our website.
25. Written Communications:
Applicable laws require that some of the information or communications we send to you should be in writing. For contractual purposes, by using our site you are accepting that communication with us will be primarily electronic through e-mail or notices posted on our website, and that you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
26. Links to Third Party Websites:
26.1. We are not responsible for the contents or reliability of any other websites to which we provide a link and do not necessarily endorse the views expressed within them, their products or services. The links to other websites do not imply a recommendation for all the content found on these sites.
26.2. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third party websites you do so at your own risk.
27. Linking to Our Website:
27.1. If you wish to link to this website, you may only do so subject to the following conditions:
27.1.1. You must not:
1) imply in any way that we are either endorsing or promoting any products and/or services;
2) misrepresent in any way your relationship with us;
3) present any false information about us;
4) link from a website which is not owned by you;
5) link from a website which contains any content which is in any way controversial or offensive;
6) link from a website which infringes any intellectual property rights or rights of any person; or
7) link from a website which does not comply in any way with the law in the United Kingdom.
27.2. If you choose to link to our website in breach of the above conditions you shall fully indemnify us for any loss or damage suffered as a result of your actions.
28. Limitation of Liabilities:
28.1. To the fullest extent permitted by applicable laws, OK Bouquet nor any of their respective directors, employees, affiliates or other representatives, shall not be responsible to you whether in contract, tort (including negligence) or otherwise, or accept any liability for (including but not limited to):
incidental, special or indirect loss;
loss of data;
loss of income, revenue or profit;
loss or damage to property;
loss of anticipated savings;
loss of business;
loss of sales;
loss of goodwill or reputation;
economic or commercial losses;
waste of management or office time;
any third party claims arising out of the use of the site or for any products or services purchased from www.okbouquet.com; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
28.2. Our total liability to you for any loss or damage arising either directly or indirectly in connection with this Agreement shall be strictly limited to the total price of your order.
28.3. Nothing in these terms and conditions shall exclude, limit or restrict our liability for death or personal injury caused by our negligence.
28.4. A person who is not a party to these terms and conditions shall have no right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.
29.2. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision.
30. Limited Warranties:
30.1. We do all we can to ensure that this website is free from viruses and other malicious or harmful content. Our website is constantly monitored by Site Guard software for additional security. However, we cannot guarantee that your use of this website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, OK Bouquet shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the website.
30.2. We do our best to ensure that this website operates properly at all times, but we make no warranties as to the availability or accessibility of the website. The website may at times be temporarily unavailable due to server issues or issues such as system failure, maintenance or repair or for any other reason beyond our control. Where possible we will try and give users advance warning of any maintenance issues or expected downtime, but shall not be obliged to do so.
30.3. We will not be liable for any damages, losses, costs or expenses incurred by you as a result of any lack of availability or accessibility of the website or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium.
30.4. We do not accept liability for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.
31. Events Beyond Our Reasonable Control:
31.1. We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations to you that is caused by events that could not be anticipated and are outside our reasonable control (a ‘Force Majeure Event’).
31.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (without limitation) the following:
Strikes, lock-outs or other industrial action;
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
Impossibility of the use of public or private telecommunications networks; and
The acts, decrees, legislation, regulations or restrictions of any government.
31.3. In the event of a Force Majeure Event, our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations to you may be performed despite the Force Majeure Event.
32. Law and Jurisdiction:
OK Bouquet terms and conditions shall be governed by and construed in accordance with English Law. Any dispute arising in connection with these terms shall be subject to the exclusive jurisdiction of the English courts. By agreeing to these terms and conditions, you are agreeing to submit to English law.