TERMS AND CONDITIONS OF
FOREVER FLORIST MALAYSIA
These terms and conditions (the “Terms and Conditions”) are the terms and conditions upon which Forever Florist Malaysia (“Forever Florist, we or us”) make our Website (the “Website”) available to you and any of our services which are accessible on or via our related Websites (“the FF Service”).
These Terms and Conditions govern your use of the Website and the FF Service.
1. Order Acceptance Policy
1.1 All orders received are subject to acceptance by us and we reserve the right to reject any order without giving reasons. In the event of rejection, we will refund or cancel any payments received via the payment method used to place the order.
2. Changes to your order
2.1 If you wish to change your order, please reply to your order receipt as soon as possible. We’ll always do our best to make last-minute changes for you, but we can only guarantee changes (including to the delivery address and card message) requested at least 24 hours before dispatch. Please note that once orders have been ‘assigned to production’, no changes can be accepted. Please note during peak seasons (Valentine’s Day & Mother’s Day) we are unable to guarantee to accept changes to orders within 72 hours of the intended delivery date.
3. Cancelling your order
3.1 Orders can normally be cancelled up to 48 hours before the intended delivery date, however we reserve the right to charge bank receiving and refund transaction fees. You can cancel your order by replying to your order receipt email. Please note that once orders have been 'assigned to production', orders cannot be cancelled. Please note that once orders have been 'assigned to production', no changes can be accepted.
3.2 For peak season (Valentine's Day and Mother's Day), we are unable to guarantee to cancel orders within 72 hours of the intended delivery date. We reserve the right to call recipients in advance of delivery date to check they will be available to receive your gift. We will not say we are delivering flowers or gifts to maintain the element of surprise. This ensures the smooth handling of deliveries on peak season days and avoids requirement for redeliveries.
4. Incorrect / Incomplete delivery information:
4.1 If you provide us with incorrect or incomplete delivery information when placing your order, we will not be able to guarantee delivery. If our delivery personnel report that the delivery address is incorrect, we will attempt to contact you by email to confirm the details to acquire additional information from you.
4.2 We will not be liable for any delay if your order cannot be delivered due to incorrect or incomplete delivery information, and you will therefore not be entitled to a refund or compensation. Further to this, any order delayed due to incorrect/incomplete information may result in your order not arriving in perfect condition, as a consequence of extensive delivery time which is detrimental to the quality of the flowers. As such our quality guarantee does not apply for orders being redelivered and no replacement and/or refund can be provided. To avoid such issues please ensure at least two contact telephone numbers are provided for the recipient of your order.
4.3 Should a recipient reject delivery of an order, no refund or replacement will be offered.
5. Product Substitution Policy:
5.1 Occasionally, us and our local florists may not have some items listed in the product description in stock, and substitutions of items of equal or greater value will be necessary to ensure an on-time delivery.
5.2 Should the main flower type in the bouquet have to be replaced, we will attempt to notify you by email; if we are unable to reach you, we will proceed with the substitution to prevent any delay in the delivery of your order. Roses, however, will never be substituted with other flowers without requesting your confirmation first, even if that results in a delayed delivery. At the same time, please note that if we do not hear from you within 24 hours from our first email we will proceed with delivery of your order to avoid further delays. We will substitute them with flowers of the same or greater value.
5.3 If our florist does not have a certain add on product (e.g cake or bear), the delivery will be made with an alternative add on gift from the same category of add on gift of equal or greater value. For example, if a bear with a heart is unavailable, we will replace with a larger bear without a heart, or a white bear may be replaced with a brown bear of equal size.
5.4 Our florist may make changes to the colour of the flowers based on freshness, styling and availability at the point of order preparation, but will always maintain the overall shades of the arrangement displayed on the Website.
5.5 We cannot guarantee that the colour shade will perfectly match the one shown in the picture. For instance, a yellow bouquet may be presented in a paler or a deeper shade. The same with pink, and many other coloured flowers, the shade may vary.
5.6 In the event of more extreme colour changes to the main flower type (e.g red roses), we will attempt to contact you to inform you by email. However, if we are unable to reach you, we will proceed with the colour substitution to prevent delays in the order delivery. The only exception comes with a red roses only arrangement, when we will wait for you to get back to us before we proceed.
5.7 All vase types and colours are subject to availability in the recipient’s location. We may substitute vases and wrappings with alternative colours/shapes/styles without warning when unavailable as to ensure there is no delayed delivery. Utmost care is taken to replace with the closest available style and colour to ensure the overall theme of the arrangement is maintained. As with all our flowers and gifts, vases and wrappings are only ever replaced with equal or greater value equivalents.
5.8 Images of gifts and gift baskets on our Website are for illustrative purposes only. The gift contents will meet the specification in the product description / specification, but may look different to the images displayed on our Website. Please note that where a specific brand or item is unavailable we will replace with the closest item available of equal or greater value.
5.9 We are primarily a florist and we buy cakes from the local bakery. Occasionally, the selected cake may not be available, as such when this occurs you agree to substitute to an equal size cake of the closest available flavour to ensure on time delivery.
5.9.1 All teddy bears are subject to availability in the recipients location. Occasionally, some colours of bears or styles may be unavailable, in these situations you agree to us replacing with an equal size bear of closest available colour/style to ensure on time delivery.
5.9.2 All chocolates are subject to availability in the recipients location. Occasionally, some varieties of chocolates may be unavailable, in these situations you agree to us replacing with an equal size and value box of chocolates to ensure on time delivery.
6. Late / Early Delivery
6.1 If we are unable to deliver your order on the selected date due to circumstances within our control, you will be offered compensation which may include a complimentary gift and/or partial refund for the flowers. Please note we will not be able to reimburse the cost of the add on (Extra's) products or gifts and gift baskets unless these are returned to us at the cost of the recipient. All returned goods must be unopened and be received back to us in their original packaging to qualify for a refund.
6.2 Please note any claim must be submitted within 3 days of the delivery date.
6.3 If we are unable to make a delivery due to circumstances beyond our control (for instance, the recipient is not at home), you will not be entitled to a refund. Nevertheless, should the recipient be unavailable when we attempt delivery, we will either leave a note or call the recipient directly to schedule a new delivery time.
6.4 In the case of gifts if the order is more than 3 days late you will be entitled to a full refund once the recipient refuses to accept the package. Upon the package being returned to us we will issue a full refund as long as the products are unopened and returned in their original packaging.
6.5 For Valentines Day delivery (14 February) your order may be delivered 12 - 14 February if the delivery address is considered remote (40kms+ round trip from nearest city) due to being unable to find a driver willing to make a remote delivery on peak season delivery days. In this instance we will contact you via email warning of the change and that we will proceed with 12-14 February delivery.
6.6 For Valentines Day orders placed last minute (from and including 12 February) for delivery on 14 February, some delivery locations may already be fully booked. In this instance your order will be processed for delivery on 13 / 14 February delivery to avoid missing the occasion.
7. Delivery Times
7.1 We cannot guarantee an exact delivery time or the delivery time slots offered, as this depends on the availability of our logistics team and our local florists. In most cases you will be given the option of choosing between morning, afternoon or evening delivery. If we are unable to deliver within your selected delivery time slot (morning, afternoon, evening) then we will refund any additional fee charged for timed delivery in that time slot (if one has been charged). There will not be a refund of the primary anytime delivery fee (if applicable) and no other compensation can be provided. Further to this, if a recipient requests delivery outside of the time slot requested by the customer the additional fee for delivery within the requested time slot will not be refunded or compensated.
8. Delivery to public addresses
8.1 Orders sent to hospitals, hotels, companies, universities or public buildings are guaranteed for delivery as far as the front reception/security desk. If your delivery is going to such a location please provide the full name and at least two telephone numbers of the establishment and your recipient and as many delivery details as possible.
8.2 In the case of hospitals, we will need the recipient’s ward and room number. We will attempt to deliver your order in accordance with each establishment’s procedures, but we cannot be held liable if these procedures prevent successful delivery. Please note that many hospitals do not permit delivery to individual rooms, and that most ICUs do not permit flower delivery at all. Please check with the hospital before placing your order.
8.3 If you wish to send flowers to someone staying in a hotel, you should specify their room number (if possible) and the name of the person under which the booking was made. Please note that hotel security often do not allow our drivers past the reception. We will deliver to the reception and ask the hotel staff to call the recipient to collect the flowers from the reception. We are not liable for any delay and/or non-delivery as a result of the hotel staff not informing the recipient of the delivery.
9. Satisfaction Guarantee
9.1 On very rare occasions, flowers arrive at their destination damaged or fail to arrive due to an unforeseen delivery issue. If the recipient receives damaged flowers, please contact us immediately so that we can arrange one of the following:
9.1.1 a redelivery on the next available delivery date; or
9.1.2 a full or partial refund (% refund depends on the specific circumstances of the issue).
9.2 Typically we will not offer both a refund and a redelivery. Where flowers have been damaged we will normally ask for them to be returned or for photographs clearly showing the problem so we can use them to determine what is going wrong with our system. It is important that we are contacted as soon as possible regarding any issues. We need to be informed of any issues within 3 days of the delivery date to give us the best chance of successfully resolving the matter. We will, at our discretion consider issues raised after the 3 day deadline but reserve the right to refuse the options of refunding or resending the order or providing any other compensation.
9.3 In the event that a small item, such as a balloon or vase, should arrive damaged or be missing, we may be unable to resend that item in which case we would be happy to refund its value or provide a credit note of equal value.
9.4 If we believe that there has been an abuse of our 100% Satisfaction Guarantee policy or if there are persistent claims for refunds from the same individual or group of individuals, we reserve the right not to resend flowers and to refuse to take orders from customers. If we make such a decision, we will inform the customer of our decision in writing, via email or over the telephone. It is important to note that this guarantee does not confer the right to an automatic 100% refund, but only to a fair resolution.
10.1 From time to time, there are small human errors made (for instance, very occasionally a message card goes astray or a flower is forgotten). In such circumstances, we will do our best to make the situation right for the customer. If the customer believes that the delivered bouquet is substantially different from that described we reserve the right to request a photograph of the bouquet so we can judge the situation. We may, at our discretion, offer a partial refund or a discount on a future order, but do not guarantee that we will do so. We believe in being fair and this is the spirit in which we will approach such situations. We would not, for instance, give a 100% refund if a message card did not arrive, as the customer has received significant value in terms of the flowers nor would we give a full refund if some stems were missing, damaged or substituted; we would make what we would be considered by a reasonable person to be an appropriate compensation.
11. Flower Care
11.1 All our flowers are incredibly fresh, as they are purchased daily from the flower markets, transported direct to us and stored in perfect conditions in our large flower fridge. They will normally last at least five days and most probably even longer, in the vase, although this varies by variety. It is important that the flowers are cared for correctly as putting them by heat sources or draughts, or failing to change the water, will kill or damage them very quickly. We include instructions on our Website to give guidance about flower care. If we are informed that our flowers have died very quickly we may, at our sole discretion, choose to resend another bouquet if we believe that there was a genuine issue with the flowers. If flowers have not been properly cared for, we will not resend the flowers.
11.2 In some circumstances, our flowers are so fresh that they are not even fully open (bloomed) when they arrive. This can be confused with poor quality but, in fact, this shows how fresh our flowers are. The flowers will open quickly once they are in room temperature and will give pleasure for many days to come if cared for properly.
12. Duplicate Orders
12.1 If, for whatever reason, you placed two or more identical orders and you notify us, we will issue a full refund for the duplicate order, provided our local florist has not prepared or delivered the item. If we have not been notified and your order has already been assigned for processing you will not be entitled to a refund. We are not responsible for orders placed by mistake and no refund or compensation can be offered in such instances.
13. Special Requests
13.1 You can use the special request box to provide more details to our florist and the delivery team (desired delivery time, additional information for the address, extra phone number, important instructions etc). Under no circumstances can we guarantee that special requests will be met. If such requests cannot be met, you will not be entitled to a refund or compensation. We will not give any warning when these instructions cannot be followed.
14. Abusive Behaviour
14.1 We will not tolerate abusive behaviour to our staff in any way, shape or form. Whilst we endeavour to do our very best, mistakes are sometimes made. Purchasing from us does not entitle individuals to treat our staff abusively. If anyone is abusive to our staff, we will terminate any dialogue. We will not resume dialogue unless it is in a non abusive fashion and with the level of respect to which every human being has a right. We reserve the right not to deal with returning customers who have previously been abusive or offensive. We may block their account or take any other measures we wish to prevent them using our services in future.
15. Cut Off Times
Our cut off times for deliveries are shown on our flower delivery pages. However, these cut off times are guidelines only and, whilst we keep to those times in most instances, from time to time we may move the cut off times forward or back, to respond to business situations that may arise. If you wish to order flowers for same day or next day delivery, you are urged to get your order in early, to make sure you get it in before the cut off time passes. Please note that cut off times are much earlier for delivery on Valentine’s Day and Mother’s Day so please order in advance to avoid disappointment.
16. User Comments
16.1 You agree that any material, information or ideas or other intellectual property that you transmit to this site is, and will remain, our property.
16.2 Furthermore, you accept that you are prohibited from posting or transmitting to or from this site any unlawful, threatening, libellous, defamatory, inflammatory, pornographic or profane material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.
17. Copyright and Trademarks
17.1 All wording and imagery on all our Websites are copyrighted. You may not copy, modify or distribute all or part of any of our copyrighted works or trademarks, or other content from any of our related Websites, without our express written consent.
18.1 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Website and/or the FF Service from time to time. We will post any changes on the Website and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the FF Service or Website. Changes will be effective four (4) hours after the posting of any such change and all subsequent dealings between you and us shall be on the new terms and conditions.
18.2 Additionally, we reserve the right to suspend, restrict or terminate access to the Website and/or the FF Services for any reason at any time.
18.3 There Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the 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.
18.4 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.
18.5 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.
18.6 In respect of fraudulent misrepresentation, this agreement (including any documents and instruments referred to herein) supersedes all prior representations, and agreements between you and us (whether written or oral) and sets the entire agreement and understanding between you and us relating to the subject matter hereof.
18.7 Your purchase will be deemed to have occurred in the UK with Forever Florist International Ltd of 40 St James Buildings, St James Street, Taunton, Somerset, United Kingdom, TA1 1JR. 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.