Terms of service

Terms and Conditions

Updated: January 2024

Agreement to Terms

By placing an order through our website, you consent to abide by the following terms and conditions:

1. Orders and Cancellations

1.1 Acceptance of Orders: To place an order, we require your name, email address, payment information, and the specifics of your order. Although it is not necessary to create an account with us, we will retain your order information for processing purposes. Detailed information on the storage of your data is available in our privacy policy. Upon successful order placement, we will send a confirmation email to the provided email address. If you do not receive this email, please contact our Customer Support for verification. We reserve the right to decline orders at our discretion without providing reasons, in which case we will fully refund any payments received through the original payment method.

1.2 Timing of Orders: During the checkout process, you can select the delivery date for your order. Some delivery options may not be guaranteed, which will be specified during selection and in the confirmation email.

1.3 Modifications to Orders: Should you need to change your order details, this can be done by contacting our Customer Support. We aim to accommodate last-minute changes but can only guarantee modifications (including delivery address and card message changes) requested by 9am, three days prior to the scheduled delivery date. Note that during peak periods, we may require up to 10 days' notice for any changes due to the volume of deliveries.

1.4 Cancellation Policy: Orders may be canceled by 9am, three days before the scheduled delivery date for a full refund. During peak delivery times, we begin processing orders earlier than usual, necessitating up to 10 days' notice for cancellations or changes. "Peak periods'' refer to the 15-day window leading up to and including major holidays such as Christmas Day, Valentine's Day, Mother's Day, and Easter Sunday. 

1.5 We understand that sometimes you might change your mind about your purchase. If this happens, you have the right to cancel your order and return the goods to us for a full refund within 14 days of receiving your items. To do so, please notify us via email at returns@poppily.co, within the 14-day period, clearly stating your intention to return the goods. It is not necessary to provide a reason for the return, but the goods must be in their original condition and packaging.

Upon receipt of your cancellation notice, we will provide you with instructions for returning the goods. Please note that you will be responsible for the direct cost of returning the goods unless the goods are faulty or not as described. Once we receive the goods back, we will process your refund, including the original shipping cost, within 14 days.

For personalised or customised items, please be aware that unless they are faulty or not as described, they are not eligible for the standard returns process due to their bespoke nature."

2. Payments

2.1 Payment Methods: We accept payments via American Express, Visa, MasterCard credit and debit cards, along with Paypal, Apple Pay, and Google Pay. To ensure the highest level of security, all payments are processed through Shopify Payments or, for those who choose, Paypal.

2.2 Privacy and Security: We do not store or have access to your credit or debit card details directly.

3. Pricing

3.1 Inclusive Pricing: All listed prices do not include VAT, unless stated otherwise.

4. Delivery Policy

4.1 Delivery Services in the UK: We deliver through selected courier services which depend on the delivery type selected. We do not deliver outside the British Mainland.

4.2 Delay Policy: In case of delays by a courier, we are unable to offer a refund or resend the delivery.

4.3 Delivery Instructions Compliance: We cannot guarantee that specific delivery instructions will be followed.

4.4 Timed Deliveries: We do not offer timed delivery services.

4.5 Delivery Responsibility: While we strive to ensure timely delivery for our customers, we cannot be held responsible for late arrivals due to circumstances affecting the delivery service or factors outside of our control.

4.6 Non-Delivery Policy: If flowers have not arrived within 3 days of their intended delivery date, please contact our Customer Support. We recommend doing so within 7 days of the scheduled delivery date to qualify for a refund.

4.7 Alternative Delivery Methods: We reserve the right to use a different delivery method without prior notification.

5. Our Promise, Returns, and Refunds

5.1 Our Commitment: We are committed to delighting our customers with Beautifully designed and made wooden flowers delivered in excellent condition and on time.

5.2 Damage Policy: Despite our careful packaging, flowers may occasionally be damaged in transit. If you receive flowers in a condition that you find unacceptable, please contact us to arrange a free replacement on our next available delivery date or a refund. You must email us a photo of the damaged flowers within 72 hours of receipt to qualify for a refund. Refunds will be processed within 3 days, and it may take an additional 5-10 business days for the refund to appear on your card.

5.3 Non-Delivery: If we fail to deliver your order (i.e., if your flowers have not arrived within 3 days of their intended delivery date), we will send you a free replacement on our next available delivery date or issue a refund. Refunds will be processed within 3 days, and it may take an additional 5-10 business days for the refund to appear on your card.

5.4 In addition to your right to cancel, under the Consumer Rights Act 2015, all customers have a right to reject goods that are unsatisfactory quality, unfit for purpose, or not as described, and to get a full refund within 30 days of purchase. If a fault is found after 30 days but within six months, you're entitled to request a repair or replacement. If the repair or replacement is inadequate, you may then claim a refund or price reduction if you wish to keep the product.

Please note that this does not apply to personalised goods unless they are faulty or not as described. For personalised items, please ensure you check your order carefully before submitting, as we can only offer refunds or replacements for such items in the case of faults or discrepancies from the ordered specifications.

6. Personalised Goods Return Policy

6.1 In accordance with UK consumer rights law, we would like to inform our customers that personalised goods are made to the consumer's specifications or are clearly personalised. Therefore, they are exempt from the standard right of return.

6.2 Personalised Goods: Any goods that have been made to order, customised, or personalised in any way by the customer or at the customer's request cannot be returned, exchanged, or refunded unless they are faulty or not as described. This does not affect your statutory rights in respect of faulty or misdescribed goods.

6.3 For any personalised products, please review your order carefully before submitting it to ensure the accuracy of all information provided for personalisation. If the personalised goods you receive are faulty or not as described, please contact our Customer Service team promptly to arrange for a suitable resolution, which may include a repair, replacement, or refund as appropriate.

6.4 Please note, this policy does not affect your statutory rights, including your rights relating to receiving goods that are as described, of satisfactory quality, and fit for any purpose made known to us. For more information on your legal rights, please refer to the UK Consumer Rights Act 2015.

6. Offers and Promotion Codes

6.1 Discounted Products: We may, at our discretion, offer products at discounted prices from time to time. These offers are valid from the time we introduce them to the end date of the offer and cannot be used for purchases made before the offer introduction date or after the offer end date.

6.2 Price Adjustments: If a customer has made a purchase and the price of the purchased product subsequently falls or is discounted owing to a special offer, the price of the product at the time of purchase shall prevail. We are unable to offer special offer discounts for purchases that have already been made.

6.3 Personalised Offers: We reserve the right to offer different personalised special offers and promotions, making it possible only for the customer in receipt of the special offer to redeem the promotion code.

6.4 Introductory Offers: Unless explicitly stated otherwise, free or discounted introductory offers are only available to new users of our service and are available once to any one household.

6.5 Promotion Code and Credits: Promotion codes and credits cannot be used in conjunction with other offers or credits.

6.6 Promotion Code Usage: Only one promotion code can be used per order.

6.7 Promotion Code Restrictions: Except where otherwise stated, promotion code discounts and credits are available only once to any one person.

6.8 Online Redemption: Promotion codes and credit can only be redeemed online at our website.

7. Circumstances Beyond Our Control

7.1 Adverse Weather Conditions: During adverse weather conditions (including but not limited to heavy snow, ice, flooding, or high winds), our delivery partners may not be able to deliver orders on time. This is outside of our control, and we cannot accept responsibility for the late delivery of orders. Therefore, in the event of adverse weather conditions, we are not able to refund or offer re-delivery of affected orders.

7.2 Force Majeure: We shall not be liable for delay in performing or for failure to perform our obligations if the delay or failure results from any of the following: (i) acts of God, (ii) epidemic or pandemic; (iii) outbreak of hostilities, riot, civil disturbance, acts of terrorism; (iv) the act of any government or authority (including refusal or revocation of any licence or consent); (v) fire, explosion, flood, fog, or adverse weather; (vi) power failure, failure of telecommunications lines, failure or breakdown of plant, machinery, or vehicles; (vii) default of suppliers, sub-contractors, or delivery partners; (viii) theft, malicious damage, strike, lock-out, or industrial action of any kind; and (ix) any cause or circumstance whatsoever beyond our reasonable control.

8. Our Liability

8.1 Service Operation: While we agree to use all reasonable endeavours to ensure that our service is fully operational and error-free, we cannot guarantee this and, therefore, accept no responsibility for any interruption of our service. We 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 service impossible or impractical.

8.2 Liability Acceptance: We accept liability for (a) death or personal injury arising from our negligence; (b) fraud or fraudulent misrepresentation; and (c) any breach of statutory rights in relation to the quality, fitness, or description of the products supplied.

8.3 Limitation of Liability: Subject to our acceptance of liability in paragraph 8.2, our liability in contract, tort (including negligence and breach of statutory duty), or otherwise arising by reason of or in connection with your order with us shall in no circumstances exceed the price paid to us for the order in question (defined as an individual delivery within a particular week).

8.4 Exclusion of Liability: Subject to paragraph 8.2 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 our service, whether arising in contract, tort (including negligence), under statute, or otherwise.

9. Customer and Recipient Personal Information

9.1 Accuracy of Information: To ensure that we can communicate effectively with both customers and recipients, it is very important that you provide accurate personal information. We are not liable for any damage resulting from incorrect information or unlawful disclosure of (personal) data or information provided by you.

9.2 Responsibility for Provided Information: You may not provide us with (personal) data or information from or about others without their prior consent. You also bear full responsibility for making others' (personal) data or information available to us.

9.3 Privacy Commitment: Please remember that we value your privacy and will never lease, rent, or sell your private information. For more information, please see our privacy statement.

9.4 Collection of Personal Information: During the checkout process, we ask for the following personal information:

• Customer's Email Address: We use this information to provide a better customer experience by sending order confirmations, substitution information, dispatch confirmations, and delivery confirmations. If you give permission for us to do so during the ordering process, we will also use the customer's email for marketing communications from time to time. Please ensure that email addresses are accurate.
• Customer's Full Name and Address: If you give permission for us to do so during the ordering process, we will use the customer's address for marketing communications from time to time.
• Customer's Telephone Number: We use this information to contact customers in the event of problems with the order such as payment failures or delivery issues.
• Recipient's Full Name and Address: We require this information in order to deliver the flowers you have ordered. It is vital that the recipient's address is accurate.

10. Intellectual Property

10.1 Rights to Content: All intellectual property rights in any trademarks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text, software, and any other materials used on this site are our intellectual property or that of our suppliers, partners, or other users. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.

10.2 Prohibited Actions: You must not collect, scrape, harvest, frame, or deep-link to any information on our website without our specific prior written consent.

10.3 User-Generated Content Licence: You licence (i.e., permit) us to use your user-generated content both on our own website and for marketing purposes on other channels including different websites, social media, and emails. User-generated content includes but is not limited to your comments, photos, recipe ratings, and reviews.

11. Privacy

11.1 Processing of Personal Data: We process your Personal Data to prepare, execute, and complete an Agreement, as well as for other purposes, such as direct marketing. We have an online privacy statement in which information is provided about the processing of Personal Data and your rights in that respect. For more details, please see the Privacy Statement as included on the Website.

12. General

12.1 Amendments to Terms and Conditions: We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to our site and/or our 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 our service or our site. Changes will be effective five (5) hours after the posting of any such change, and all subsequent dealings between you and us shall be on the new Terms and Conditions.

12.2 Service Availability: We do not guarantee that our website, mobile applications, or services will be uninterrupted or error-free, and we will not be responsible for any losses arising from such errors or interruptions. Additionally, we reserve the right to suspend, restrict, or terminate access to our website, mobile applications, and/or our services for any reason at any time for repair, maintenance, improvement, or other technical reason, and to make changes to them.

12.3 Inclusion of Other Terms: These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers, and other terms contained in our 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.

12.4 Third-Party Rights: 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.

12.5 Superseding Agreement: 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.

12.6 Governing Law and Jurisdiction

These Terms and Conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the law of England and Wales.

Any disputes or claims arising from or related to these Terms and Conditions, including disputes or claims related to or arising from the purchase, sale, or use of any products or services provided by us, shall be subject to the exclusive jurisdiction of the courts of England. By agreeing to these Terms and Conditions, you irrevocably submit to the jurisdiction of these courts for such purposes and waive any objections to proceeding in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum.

This jurisdiction clause ensures that both parties acknowledge and agree that English law will govern the terms of their agreement and that they submit to the exclusive jurisdiction of the English courts for resolving any disputes.

13. Registered Office and Trading Address

Creative Crowd Solutions Ltd, trading as Poppily Florist, is located at 26 Evelyn Avenue, Intake, Doncaster, DN2 6LN.