Terms and Conditions
1. Please take time to carefully read the terms and conditions below (“T&C”) before visiting, accessing and/or using our website because by visiting, accessing and/or using our website and/or making purchases you agree unconditionally to be bound by the T&C and our policies set out in our website, including but not limited to: (1) our Cancellation and Refund Policies; and (2) our Privacy Data Policy. We reserve the right to amend and/or vary the T&C and the said policies from time to time. It is your responsibility to read the T&C and policies (as amended and/or varied from time to time) on each visit.
2. If you do not agree to all the T&C and/or any of our policies, please kindly leave our website and we thank you for your interest.
Acknowledgment and Acceptance of your Order
3. Everything on our website is an invitation to treat only and is not an offer made by us. Your order is an offer made by you to us to purchase the product listed in your order. The order submitted by you is subject to acceptance by us. We are not obliged to sell the product to you and as such we may choose not to accept your order at our sole discretion for any reason whatsoever without any liability to you or any third party.
4. Upon receiving your order, we will send you an e-mail to acknowledge receipt of your order (“Acknowledgment”). The Acknowledgment is to let you know that we have received your order; it is not an acceptance of your order or a proof of purchase. If we accept your order and full payment has been received and cleared, we will then send you a further e-mail to state that we accept your order, subject to the T&C and our said policies. Please check the recipient’s name, delivery address and the delivery date. Please immediately contact us if there is any clerical error in the recipient’s name, delivery address and/or the delivery date.
5. We reserve the right at our sole discretion not to accept your order for any reason whatsoever without liability to you. We also have the right to cancel your order for any reason whatsoever without liability to you.
Fresh Flowers Availability
6. The exact flowers and foliage used are subject to change along with the four seasons, and availability from suppliers. If any flower or foliage shown is unavailable for any reason, we will make a substitution of equal quality and value in similar colour and size. Particularly, The Wild Bouquet floral arrangements on this website are to show our unique style and sculptural designs, and for illustrative and indication purposes only. Further, due to differences in monitors, colours of products may appear different to those shown on our website.
7. By accepting the T&C you agree that there may be variations between the products on our website and the products delivered.
8. When you pay for your order your credit card details are provided directly to Shopify and Shopify’s policies will apply to you. You agree to provide full payment and correct billing details. You also agree to promptly inform us of any changes to your e-mail address and/or phone number in case we need to contact you to verify payment information.
9. For the time being, we only deliver to Hong Kong Island and Kowloon.
10. We are closed on Mondays and Tuesdays. We deliver from Wednesday to Sunday. We do not deliver on the same date as your order date.
11. Deliveries are scheduled for between 1.00 p.m. to 7.00 p.m. (“Delivery Time”). Whilst we aim to deliver within the Delivery Time, there may be unforeseen situations such as traffic incidents, vehicle breakdown, weather conditions (including Typhoon 8 and above or Black Rainstorm signal) which are beyond our control. If the delivery is through no fault on your part, we will contact you for a second delivery date at no additional charge. You agree that the selected delivery date is non- binding on us and that you have no claim against us for any delay or early/ late delivery.
12. The delivery charge (“Charge” / “Charges”) is calculated at the checkout stage according to the district. Charges are as follows:
(1) Hong Kong Island - HK$200
(2) Kowloon – HK$200
13. The Charge is for one delivery attempt and one product only. If delivery is unsuccessful due to: (1) incorrect or incomplete information in your order; (2) the recipient not at the delivery address; (3) the recipient refuses to accept delivery and/or (4) the management office is unwilling to take delivery and sign for the flowers, your order will be brought back to us. In such event, we will contact you for instructions of where the product should be delivered. In such event, you will be liable for additional Charge. If the second delivery also fails whatever reason your order will be void and your payment will be forfeited.
14. For multiple orders to be delivered to the same address at the same time, the Charge is per product (i.e. the Charge for 1 product is at HK$200, 2 products at HK$400, 3 products at HK$600, etc.).
Errors, Inaccuracies and/or Omissions
15. We reserve the right to correct any errors, inaccuracies and/or omissions on our website that may be made including but not limited to pricing, product description, delivery information and availability, and to cancel your order if any information is inaccurate at any time without prior notice including after you have submitted your order.
16. If an error occurs and a product’s correct price is higher than the price stated on our website, we will contact you. You will have the option of proceeding with your order at the correct price or cancelling it. If we are unable to reach you, your order for the incorrectly priced product will be cancelled, and we are not obliged to supply a product at an incorrect price.
Change, Suspend or Discontinuance
17. We reserve the right to change, suspend or discontinue our service or products without notice and with no liability to you.
No Representation and Warranty or Liability
18. We make no representation or warranty that your use of this website and/or our service will be secure or error-free. You expressly agree that your use of this website is at your sole risk. We recommend that you should have your own security measures
installed including but not limited to up-to-date software and anti-virus.
19. In no case shall The Flower Catalogue , its directors, proprietors, employees, agents, contractors, service providers or suppliers be liable to you or any third party for any loss or damage, whether foreseeable or otherwise, including but not limited to damage to property, injury to persons, loss or claim of any kind or damages of any kind arising from delivery or use of any product purchased, however caused.
20. The Flower Catalogue and its directors, proprietors, employees, agents, contractors, service providers or suppliers will not be liable to you or any third party. You agree to indemnify and hold The Flower Catalogue and its directors, proprietors, employees, agents, contractors, service providers and suppliers harmless from and against any and all claims, liabilities, losses, damages, costs, expenses and consequences including without limitation legal costs on a full indemnity basis and disbursements incurred and/or suffered, other dispute resolution expenses and costs, which may result from, arise out of or in connection with your use of our website or the use of any product.
21. If at any time any provision or part thereof of the T&C is deemed invalid, void or unenforceable for any reason, it will be deemed severable and not affect the validity and enforceability of the remaining provisions of the T&C or the remainder of that
provision shall not be affected or impaired thereby.
Intellectual Property Rights
22. Everything you see on this website including but not limited to products, graphics, photographs, image rights, text and website design are the intellectual property rights of The Flower Catalogue. You may not copy, reproduce, republish, or otherwise deal with any content of this website without our prior written agreement for you to do so.
Governing Law and Jurisdiction
23. The T&C and our said policies are governed by and construed in accordance with the law of Hong Kong, SAR. You irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong, SAR.