Please read these terms and conditions carefully before using this Website

These Terms are issued by Teleflora Malta Ltd. whose Registered Office and trading address is at Fishermen Street, Zurrieq, Malta.

1 INTRODUCTION

1.1 These terms and conditions (Terms) are issued by Teleflora Malta Ltd. (the Company). They apply to the entire contents of the websites under the domain name www.teleflora.com.mt (the Website) whether you act as a private individual and consumer ("Consumer") or as a business ("Business") (referred to as "You" other than where specifically indicated) and the Company.

1.2 By accessing any part of the Website, You shall be deemed to have accepted these Terms in full. If You do not accept these Terms in full, You must leave the Website immediately.

1.3 The Company may revise these Terms at any time by updating this posting. You should check the Website from time to time to review the then current Terms, because they are binding on You.

1.4 You warrant that You possess the legal authority to enter into any agreement and to use this Website in accordance with its Terms.

1.5 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.

1.6 The Company reserves the right to modify or withdraw, temporarily or permanently the Website (or any part of it) with or without notice and shall not be liable to You or any third party for any modification or withdrawal of the Website.

2 USE OF THE WEBSITE

2.1 You warrant that any information that You provide when You place an order as a customer is accurate and complete in all respects and You will notify the Company of any changes to that information.

2.2 You agree not to impersonate any other person or business, organisation or body corporate or to use a false name that You are not authorised to use.

2.3 We may cancel any order where we think you have failed to comply with the Terms or we think unauthorised use has been made of the Website.

2.4 As a condition of Your use of this Website, You warrant to the Company that You will not use this Website for any purpose that is unlawful or prohibited by these Terms.

3 USE OF MATERIAL APPEARING ON THE WEBSITE AND INTELLECTUAL PROPERTY POLICY

3.1 The Website, its design, layout, look, appearance and any necessary software used in connection with the Website is the exclusive property of the Company.

3.2 It is a breach of copyright to use photographic images found on any part of the Website without gaining the Company’s prior permission. If You would like to use an image found on the Website, please contact the Company for further details.

3.3 You agree not to modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, software, products, or services obtained from the Website.

3.4 If You breach any of these Terms Your permission to use the Website and any extracts of material from it terminates and You must immediately destroy any downloaded or printed extracts from the Website.

4 VISITOR MATERIAL AND CONDUCT

4.1 Other than personally identifiable information which is covered by our privacy policy, any material You transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material, and it shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any purpose.

4.2 You are prohibited from posting or transmitting to the Website any material:

4.2.1 that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial and/or religious hatred, discriminatory, blasphemous, in breach of confidence, in breach of privacy or which otherwise may cause annoyance or inconvenience; or

4.2.2 for which You have not obtained all necessary licences and/or approvals; or

4.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party; or

4.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.3 You may not misuse the Website (including, without limitation, by hacking).

4.4 The Company will fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity and/or location of anyone posting any material in breach of Clauses 4.2 or 4.3 above.

5 LINKS TO THIRD PARTY WEBSITES

5.1 This Website may contain hyperlinks to websites operated by parties other than the Company. The Company does not control such websites and is not responsible for their contents, availability or Your use of them. The Company's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such Websites or any association with their operators.

5.2 Any links to third party websites on this Website are provided solely for Your convenience. If You use these links, You shall leave this Website. If You decide to access any of the third party websites linked to the Website, You do so entirely at Your own risk.

6 LINKS TO THE WEBSITE

6.1 If You would like to link to the Website, You may only do so on the basis that You link to, but do not replicate, the home page of the Website, and subject to the following conditions:

6.1.1 You do not remove, distort, otherwise alter the size or appearance of the Company logo;

6.1.2 You do not create a frame or any other browser or border environment around the Website;

6.1.3 You do not in any way imply that the Company is endorsing anything other than its own operations;

6.1.4 You do not misrepresent Your relationship with the Company nor present any other false information about the Company;

6.1.5 You do not otherwise use the Company trademarks, name and logo without express written permission from the Company;

6.1.6 You do not link from a website that is not owned by You;

6.1.7 Your website does not contain content that is distasteful, offensive or controversial, or which infringes any intellectual property rights or other rights of any person or which otherwise does not comply with all applicable laws and regulations.

6.2 The Company expressly reserves the right to revoke the permission granted in Clause 6.1 if You breach the terms set out therein, and to take any action in respect of such breach as it deems appropriate.

6.3 You agree to compensate the Company for any loss or damage suffered by the Company as a result of Your breach of the terms of Clause 6.1.

7 INFORMATION MANAGEMENT AND SECURITY

7.1 The Company will use any personal data collected during Your use of the Website in accordance with our privacy policy.

7.2 When the Company asks You to submit financial information, such as Your credit or debit card number the Company uses industry standard technology for secure commercial transactions. This encrypts data, including Your credit or debit card number. The Company will not be liable for any unauthorised transactions made using Your personal or financial details, unless we are negligent. Most banks or credit card providers either cover all charges resulting from such unauthorised use or limit Your liability to a maximum amount. Refer to Your credit or debit card agreement to check Your coverage liability.

7.3 Your dealings with any third parties via the Website and any terms or conditions agreed with, or representations given by, them, are solely between You and such third parties. The third party will be responsible for protection and security of Your personal data or financial details which they collect. You agree that the Company is not liable for such dealings.

8 DISCLAIMER OF LIABILITY

8.1 By entering the Website You agree that under no circumstance will the Company or its agents, officers or employees be held liable or responsible for: any content contained on or omitted from the Website; any person’s reliance on any such content, whether or not the content is complete, current or correct; any viruses or defects that may be found to exist on the Website.

8.2 All information found on the Website is intended for guidance only. The Company will not be liable or responsible for any damage or loss caused as a result of Your doing, or not doing, anything as a result of reading, viewing or listening to any material, or any part of it, on the Website.

8.3 The Company is not liable or responsible for any inaccuracies, errors (including typographical errors) or omissions, or for the results obtained from the use of the Website or its content. All content and any of the services included in, advertised on, or available through the Website are provided “as is” and “as available”, with absolutely no guarantee of completeness, accuracy (either when posted or with the passage of time), timeliness or of the results obtained there from, and excluding, to the maximum extent permitted by law, all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms might have effect in relation to the Website.

8.4 The views expressed on the Website do not necessarily reflect the views of the Company. All content, and any advice received via the Website, are not intended, and should not be relied upon, for any personal, professional, legal, or religious decisions You may wish to make. Instead You should consult an appropriate professional in order to obtain specific advice tailored to Your situation.

8.5 Although the Company takes all reasonable steps to ensure that the Website is safe for users it is possible that material on the Website may be susceptible to data corruption, interception and unauthorised amendment for which the Company does not accept liability or responsibility. The Company does not accept liability or responsibility for the presence of any computer viruses contained in any material on the Website, whether it is read, viewed, listened to, copied, downloaded, printed or accessed in any other way. The Company does not accept liability or responsibility for any losses caused as a result of any computer viruses contained in any material on the Website.

8.6 Advertisements (including banner adverts and pop-ups) featured on the Website do not imply endorsement of the services or products advertised. The Company will not be liable or responsible for services or products advertised nor will the Company be liable or responsible for any damage to Your computer equipment, software, data or other property as the result of Your viewing, or responding to, advertisements (including banner adverts and pop-ups) featured on the Website.

8.7 The Company does not guarantee that the Website will be compatible with all hardware and software that may be used by You. The Company will not be held liable or responsible for any damage to Your computer equipment, software, data or other property as the result of Your access to, use of, or browsing of any material on the Website.

8.8 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, You shall be responsible for all costs thereof.

8.9 You enter the Website entirely at Your own risk and if You are dissatisfied with any portion of the Website, or with any of these Terms of use, Your sole and exclusive remedy is to discontinue using the Website.

9 LIABILITY

9.1 Our liability to you for death or personal injury caused by our negligence is not limited.

9.2 We will not be responsible for any other loss you suffer through our failure to comply with the terms of this contract. In particular we will not have any liability for any loss that was not a reasonably foreseeable consequence of our failure to comply with the contract such as any loss of profit, opportunity or liability to any third party or in connection with the use, inability to use or the results of use of this Website, breaches of security, interruptions or delays, or errors, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing this Website, or Your downloading of any material from this Website or any websites linked to this Website.

1 ORDERING PRODUCTS

1.1 In these terms and conditions:

1.1.1 "Business" means any company, partnership, charity, organisation or business accepted by us as such;
1.1.2 "Consumer" means a natural person acting outside business purposes;
1.1.3 "Products" means any products purchased by you through our Website;
1.1.4 “us/our or we” means Teleflora Malta Ltd. and any of its authorised agents;
1.1.6 "Website" means www.teleflora.com.mt
1.1.7 “you/your” means the Consumer or Business who orders the Product(s).

1.2 All orders placed by you are subject to these terms and conditions (Terms). By clicking on the 'check out' button on the Order Form, you are consenting to be bound by these Terms.

1.3 If you are a Consumer you must be over 18 to place an order via our Website.

1.4 Whether you are a Business or a Consumer, you must have the legal authority to order any Products via this Website.

1.5 If you order Products from our Website we will send you an email confirming receipt of your order, your order number, invoice address, delivery address, description of Products ordered, the price and quantity of the products ordered, the expected delivery date of the products and confirmation of any message to be delivered with the products ordered.

1.6 Your order is an offer from you to us to purchase the Products. Our acknowledgement of your order is not acceptance of your order.

1.7 We shall insist on receiving payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings in to existence a legally binding contract between us.

1.8 If you hold an Account we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings in to existence a legally binding contract between us.

1.9 If you order multiple Products and we have not confirmed dispatch of all the Products in your order status then those Products not listed do not form part of our contract with you.

1.10 Illustrations, photographs, dimensions and descriptions of Products on our Website are intended as a general guide to the Products only and do not form part of our contract with you. Products may vary in contents and appearance from those depicted on the Website.

2 PRODUCTS

2.1 All Products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute a Product of equivalent value and quality without notice.

2.2 In the event that we are unable to supply the Products or any substitute product to you at all, we shall notify you as soon as is reasonably possible and shall reimburse your payment in full and in any event no later than 30 days after the intended delivery date.

2.3 We may deliver certain flower Products in bud to ensure longer life. Any other special Product information, for example, shelf life, shall be shown on our Website.

3 PRICES

3.1 The price payable for the Products that you order is shown on our Website. All prices include taxes where applicable.

3.2 Prices are shown exclusive of delivery which is charged separately. Delivery costs will be shown separately in the checkout before you enter your details for payment.

3.3 If the price of a Product is incorrectly shown and is higher than stated on our Website we will cancel and fully refund the order, whilst sending you an email informing you of the price change so that You will be able to place your order again if required.

3.4 If the price of a Product is lower than stated on our Website we will send you the Product and charge you the lower price.

4 PAYMENT

4.1 We accept payments online by credit cards. We will not dispatch a Product until we have received payment from you. If for any reason payment is refused after we have dispatched the Products we will have the right to request the payment from you or recover the Products from you and charge you for our costs in recovering the Products or seeking further payment.

5 DELIVERY

5.1 We deliver most Products worldwide however please note that we are sometimes unable to deliver selected products to some countries. Where possible we will advise you of those restrictions before you place your order. If you would like delivery to these areas or have a query about where we deliver please contact customer services for further details as we may be able to make delivery subject to an additional charge. We will advise you at the time of your order of any additional charges to remote areas.

5.2 Delivery dates, times and delivery call-off times shall be detailed on the Website when you order Products.

5.3 Whilst we agree to use all reasonable endeavours to ensure that delivery will be on the requested delivery date or during the delivery period, you acknowledge that actual delivery will be via a local florist or for certain orders via third party courier or postal service. In very occasional circumstances delivery on the requested terms will not be possible. In such circumstances you will be given prior notice wherever possible and we shall either make alternative arrangements or shall reimburse your payment in full.

5.4 We will deliver the Products ordered by you to the address you give to us for delivery at the time you make your order. We cannot guarantee when any item will be despatched and we are unable to specify a time for delivery.

5.5 You will become the owner of the Products you have ordered when they have been delivered to you or the representative of the recipient. You are responsible for any insurance (where relevant) security after delivery. Once Products have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

5.6 Neither we, nor any courier or postal service that we use shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control including but not limited to any fire, flood, explosion, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, government act, act of war, terrorism, act of God, or from any industrial dispute or strike whatsoever.

5.7 Please ensure that you enter full and accurate details, including the address and the postal code, of the recipient. We will not be responsible for any orders which are not delivered due to incorrect or incomplete information being supplied by you.

6 IF PRODUCTS ARE DAMAGED OR FAULTY

6.1 Because of the perishable nature of many Products you are advised to make any complaint within 1 working day of the delivery date of your Products.

6.2 We guarantee three days of freshness for your flowers, plants or associated items from the date of delivery. If any flowers arrive damaged, die or wilt within three days of delivery you should take a digital photograph of them and email it to info@teleflora.com.mt or take the flowers to the florist shop that delivered them and we will replace the flowers and deliver them to you free of charge.

6.3 Because of the perishable nature of products, we do not accept returns. However, we will affect full reimbursement, excluding delivery charges, where the Product does not satisfy our guarantee.

7 IF WE HAVE SENT YOU THE WRONG PRODUCTS

7.1 We may substitute products in the case of unavailability. However, if we send you a Product that you have not ordered, and you are not satisfied with the replacement, we will partly reimburse the cost of the product.

8 CANCELLATION BY US

8.1 We reserve the right to cancel the contract between us if:

8.1.1 we have insufficient stock to deliver the Products you have ordered; or

8.1.2 the price or description of the Products was listed incorrectly due to a typographical error or an error in the pricing information received by us from our suppliers.

8.2 If we do cancel your contract we will notify you by email and refund any sum paid by you to your credit or debit card. We will not be obliged to offer any compensation for loss or disappointment suffered by you.

9 OUR LIABILITY

9.1 We will not be liable for any loss you suffer through failure to use the Products in a normal and proper manner or through altering or modifying the Products, failure to follow any guidelines or using the Products in a careless or negligent manner.

9.2 Our liability to you for death or personal injury caused by our negligence is not limited.

9.3 Our liability to you other than for death or personal injury caused by our negligence is limited to the cost of replacement of the Products or refund of the price paid for the Products.

9.4 We will not be responsible for:

9.4.1 any other loss you suffer through our failure to comply with the terms of this contract. In particular we will not have any liability for any loss that was not a reasonably foreseeable consequence of our failure to comply with the contract such as any loss of profit, opportunity or liability to any third party; or

9.4.2 any failure to deliver Products or delay due to any event or circumstance beyond our reasonable control.

10 INVALIDITY

10.1 If any part of these Terms are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

11 NOTICES

11.1 All notices from you to us must be in writing and sent to our email address at: info@teleflora.com.mt.

12 EVENTS BEYOND OUR CONTROL

12.1 We shall have no liability to you for any failure to deliver Products you have ordered or any delay in doing so or for any damage or defect to Products delivered if caused by any event or circumstances beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown or systems or network access, flood, fire, explosion or accident.

13 PRIVACY

13.1 You acknowledge and agree to be bound by the terms of our privacy policy and Website terms and conditions of use.

14 ENTIRE AGREEMENT

14.1 These Terms together with our current Website prices, delivery details, contact details, Website terms of use and privacy policy, set out the whole of our agreement relating to the supply of the Products to you by us. If you require any change please make sure that you ask for these to be put in writing. In that way we can avoid any problems surrounding what us and you are expected to do.

15 PLANTS

15.1 Except where stated our Standard Delivery service is a next day service. Orders for next day delivery must be placed by 1pm on the previous day. Deliveries will be made Monday – Saturday only, between 8am and 6pm. We cannot guarantee specific delivery times. We do not deliver on Sundays or on public holidays.

To avoid problems or delays with delivery, please ensure that you have included the full address details, including accurate postcode of the intended recipient and telephone number, together with your daytime contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered.
In the case of delivery to certain locations, where a third party is involved, such as offices, hospitals, Funeral Directors, airports, hotels, ships and other business locations, the signature of any person authorised to accept delivery on behalf of the organisation shall be accepted as proof of delivery to your chosen recipient. Please be advised that some products are unsuitable for delivery to Funeral Directors, Hospitals, airports or ship.

Please note that the courier is only responsible for delivering to the address you quote (or to a neighbour if no one is at home) we regret that where the goods have been correctly delivered we cannot accept responsibility if the intended recipient has moved, or lives elsewhere, and the actual receiver refuses or fails to return item(s). Where the carrier is unable to find someone to accept delivery they will deliver to a neighbour, leave in a secure location or leave a card at the address for the recipient to make contact.

21.2 Before placing your order, please review delivery cut-off times & prices.

Orders may be amended or cancelled up to 3 working days before the intended delivery date. Because of the perishable nature of most products and in order to assist us in resolving any complaints quickly and to our mutual satisfaction, we advise you to make any complaint within 1 working day of the date of delivery or intended delivery of your purchase.