Terms and Conditions
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
The website at www.bloomingdalesflorist.ie is owned and operated by Lynda O’Connor, T/A Bloomingdales Florist, Registered Office: 12A Barnhill Road, Dalkey, Co Dublin, Ireland. Vat Reg Number: IE 5111988S
See our Contact Us Page for our contact details.
These Terms and Conditions govern your use of the website referred to as www.bloomingdalesflorist.ie site and your relationship with Bloomingdales Florist ("Bloomingdalesflorist.ie", "we" or "us"). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the Bloomingdalesflorist.ie site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. You agree to abide by all relevant laws and statutes under Irish Law.
3. Limited Right to Use.
The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
4. Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation of this Agreement or use of the Site.
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
9. Use of Information.
10. Third-Party Services.
We may allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfilment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
12. Links to Other Web Sites. The Site may or may not contain links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE RELEVANT COURT OF IRELAND. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT SAID COURT IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by Bloomingdalesflorist.ie. As such, the laws of Ireland will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws
Prices of products may change from time to time due to seasonal and/or climatic changes which may subject particular products to increases/decreases in a normal price. We shall always endeavour to keep our prices competitive and fair.
All sales will show prices to include VAT for ease of purchase.
Our VAT Number is : IE 5111988S
We clearly show you the price you have to pay for our products. If, by mistake, we have under-priced a product, we will not have to deliver that product to you at the stated price, provided that we tell you before we post the product. You can then decide if you still want the product.
You can only purchase Gift Card at full value (including paying VAT) and cannot pay for them using any other promotional offers or codes.
If you have received a Gift Card, you cannot transfer it to anyone else and you cannot use it to purchase other Gift Cards. You can only use it to make purchases up to the value of the Gift Card.
16 Acceptance of your order
Our products are sold for personal use only. There will be no contract of any kind between you and us unless we actually dispatch the products to you. Your order (including payment) is an offer to buy from us, so nothing we do or say will amount to any acceptance of that offer until we actually send the product to you. At any point up until then, we may decide not to send the products to you and to give you a full refund. If an item is out of stock, we will let you know and unless you then request your payment be returned we will hold your payment until the product is next in stock. At the moment the goods are dispatched (and not before), a contract will be made between you and us.
Payment can be made via our standard payment method; that is by any major credit or debit card. This payment method is provided by Realex (payment engine). Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.
You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery. You may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket.
17 Delivery and charges
The cost of shipping and delivery is clearly displayed at 'checkout' for your approval prior to confirming your order.
18 Cancellation of order
You have the right to cancel your order for goods at any time up to 7 working days after the day following the delivery of the goods by contacting our Customer Services department by email at email@example.com Your right to cancel is on the basis that we will be able to re-sell the goods to another customer as new when you return them to us; so please do not use or open any sealed packaging. If you have any questions about the goods or need help on deciding whether or not to keep them, please contact Customer Services for more information.
If the products have already been posted to you (or on your behalf to any other person), you (or the other person) must return the products to us at the time of cancellation and we will credit your credit or debit card with the price of the products within 30 days beginning with the day on which notice of cancellation was given. If you paid by Instant Gift Card™, we will provide you with a new Gift Card™. You should return products to Bloomingdales Florist enclosing a copy of the original invoice. When returning goods we recommend that you use recorded delivery, or obtain a proof of posting (a proof of posting can be obtained free of charge at any Post Office).
If you do not return the goods within 7 days of your cancellation, we will make a charge in respect of the cost of recovering the goods. If you do not return the goods or fail to make them available for collection within 30 days of your notice of cancellation, you will be deemed to have accepted the goods, at which point a new purchase contract will be made and you will be charged for your order at the price set out on the web site.
19 Competitions/Special Offers
All competitions and special offers promoted and offered by Bloomingdalesflorist.ie are eligible only to consumers within the Republic of Ireland. Every attempt will be made to contact the winner of each competition by using the contact details provided via the competition channel, were we cannot make contact and we leave a message, the winners must come back to Bloomingdalesflorist.ie within fourteen (14) days. After fourteen days Bloomingdalesflorist.ie will re draw for a new winner. Competitions and special offers are either advertised via our Facebook page, Bloomingdalesflorist.ie blog and/ or newsletter. Competitions and special offers have specific time periods attached to each competition and/or offer and are available only while stocks last.
20 Availability of Bloomingdalesflorist.ie site
There will be some times when your access to the Bloomingdalesflorist.ie Site is restricted to allow for repairs, maintenance or improvements.
21 Customer Reviews
We may use a third party to manage our customer reviews. This means that if you submit a review about Bloomingdalesflorist.ie or a particular product sold through the Bloomingdalesflorist.ie site you may become subject to the terms and conditions of a third party. If you are asked to agree to the terms and conditions of the third party before submitting a review, please read the terms and conditions carefully to make sure that you do agree to them.
We reserve the right to refuse to post reviews on the Bloomingdalesflorist.ie site or to remove reviews already posted on the Bloomingdalesflorist.ie site.
We collect information about you for two reasons: firstly, to process your order and secondly to provide you with the best possible service. As a valued customer, we never pass any of your information to third parties without first gaining your explicit consent. We will not email you in future about our products and offers if you choose to opt-out (to opt-out, email us at firstname.lastname@example.org ). We will not pass your email address to other trusted traders unless you agree.