RETAIL TERMS & CONDITIONS
1. TERMS - RETAIL PRODUCTS ONLY
2. INFORMATION ABOUT US
2.1 gentlebeasthawaii.com is a website operated by Gentle Beast Floral LLC, a limited liability company incorporated and registered in United States, whose registered office is at 1200 Ala Moana Blvd #405 Honolulu HI 96814 USA.
If you need to contact us, please telephone us on +1 808.829.0267 or email us at firstname.lastname@example.org.
3.1 Our aim is to bring you beautiful high-quality floral designs via an excellent service. 3.2 Gentle Beast offers an ordering and delivery service in Honolulu and ship non-fresh flower products nation-wide. Operating hours will vary depending on local trading conditions. Please click on the relevant link to view the options for each product on our website, and then click on your chosen option – you will then be able to submit your order.
3.3 When you place an order for our products via the website (or any other method), we will send you an email thanking you for your order and confirming your order and payment has been received and accepted by us (the “Confirmation Email”). The contract for the supply of any products will be between you and us and will only be formed when you have been sent the Confirmation Email. 3.4 Please ensure that you have given us a correct email address and telephone number as this is how we will communicate with you about your order. Upon receipt of the Confirmation Email, please check the Order details for accuracy and let us know immediately if there are any errors.
3.5 We will advise you in the Confirmation Email of the intended delivery date. 3.6 Our aim is to provide the best delivery service possible. Unfortunately, things do not always go to plan and factors, such as traffic conditions and weather, may occasionally prevent us from achieving our targets in this regard. The timing of your delivery will be determined taking into account the number of orders and the circumstances being faced by us at that time. 3.7 Inaccuracies in your details may lead to problems or delays in delivery so please ensure that you have included in your order the full delivery address details, including an accurate zip code, of the intended recipient and a valid telephone number so that your order arrives to the correct location and we can notify you if we encounter any delivery difficulties. If the intended recipient does not open the door or respond to telephonic correspondence within 10 minutes of our delivery drivers physically reaching the delivery address, we reserve the right to leave the premises, and you will be charged for any redelivery. 3.8 Gentle Beast seeks to provide a quality service and should be the first point of contact in the event that there is a problem with your products or delivery with regards to quality and/or substance. We do monitor our deliveries very closely and it is of utmost importance to us that they comply with our standards and help us to maintain our reputation. Please check your delivery immediately after it arrives and let us know if you have any issues by emailing or calling us.
4.1 All orders of flowers are subject to availability. You understand and accept that flowers are natural products and some variation in size, colour, shape and length of life is to be expected and that they might vary slightly from the specifications. In the event of any supply difficulties, you acknowledge and agree that, at our sole discretion, we may substitute an ingredient or component with one of similar value and quality without notice. 4.2 Please call us prior to ordering if you have an allergy. We cannot guarantee that any of the flowers supplied by us are free of allergens. Some flowers may be harmful or poisonous. If you require further information before submitting an order, please contact us. 4.3 In order to get the best out of your flowers, please follow any maintenance guidelines or instructions that we may give to you. 4.4 Please note that fresh flower arrangements last an average of 5 to 6 days if properly cared for and our maintenance guidelines are followed. However, some seasonal flowers may only last 3 to 4 days; this is a characteristic of the flower. Assuming that your flowers are properly maintained in accordance with our guidelines, we only guarantee our flowers for these time periods. 4.5 If you order the Omakase subscription bouquet, you acknowledge and agree that we will choose, in our sole discretion, the flowers and individual ingredients that form part of either of those bouquets depending on the season and availability. Vases shown in our website images are for styling only and will not be included with your order. 4.6 Please note that the images of the flowers and bouquets on our website are for illustrative purposes only and demonstrate the Medium size bouquet. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the flowers. Your flowers may vary slightly from those images. Please refer to the product descriptions on the website which will set out full details of the product.
5. PRICE AND PAYMENT
5.1 Prices listed on our website (or provided to you by any other method) exclude Tax and delivery unless otherwise stated. If a delivery charge applies to your order, you will be notified during the ordering process and in the Confirmation Email that we send to you. 5.2 Whilst we will try to ensure that all prices on our website are accurate, errors may occur. We will normally verify prices as part of the order process. In the event that a product you have ordered is listed at an incorrect price due to a typographical or administrative error, we will notify you of the correct price before dispatching your order and you will have the option of cancelling your order. 5.3 Prices will vary between menus and options on our website. Prices are also liable to change at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation Email, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your order once we notify you in such circumstances. 5.4 Payment for our products can be made by credit or debit card through our website or over the telephone. Once your order has been confirmed, your credit or debit card will have been authorised and the amount marked for payment.
6.1 Should you cancel your order before it has become a Started Order (as defined in Section 7.1 below), we will refund your order. 6.2 In addition, subject to what we say in Section 4.4 above, if your order is incorrect or faulty, you will be entitled to a refund or replacement product. However, if there is a problem, you must let us know within one hour of receiving the order, due to the perishable nature of our products and in order to assist us in resolving any complaints quickly. You may not be eligible for a refund if you fail to notify us within this timescale. 6.3 Where there is a query regarding a refund, we will seek to review each situation and try to find an amicable solution. However, our decision on such matters will be final.
7.1 Orders may be amended or cancelled before we start to process and prepare the order. You can cancel an order by contacting us by email or telephone. Once we have started to process and prepare the order, it will be a “Started Order” and if you cancel a Started Order, you will be charged for that order in full and not be entitled to any kind of refund. If you cancel an order that is not a Started Order, you will not be charged for the order and, if you have paid, will be entitled to a refund using the same method of payment. Please note that we will decide, at our sole discretion, whether an order is a Started Order.7.2 We may cancel an order at any time (if, for example, the product you ordered is not available, we are unable to obtain authorisation for your payment or a price or product description error is identified) and will let you know if we cancel an order. In such circumstances, you will not be charged for the order that has been cancelled by us and, if you have already paid for the order, you will be entitled to a refund using the same method that you used to pay for your order. 7.3 Nothing in these Terms of Sale shall affect any statutory rights of cancellation that you may have, but please note that any right to cancel under the Consumer Contracts Regulations does not apply to perishable goods such as flowers.
8.1 If you are a consumer, you have legal rights in relation to products that are faulty, not of satisfactory quality or not as described. Nothing in these Terms of Sale will affect these legal rights. 8.2 We do not exclude or limit in any way our liability to you for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, or for breach of your legal rights in relation to our products.
8.3 We will not be liable to you if we are prevented or delayed from complying with our obligations under these Terms of Sale by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control. 8.4 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these Terms of Sale or our failing to use reasonable care and skill, and we are not responsible for any loss or damage that is not foreseeable. Losses are foreseeable where if either it is obvious that they will happen or if they could be contemplated by you and us at the time your order is accepted by us. 8.5 In any event, we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues, lost business opportunity or business interruption 8.6 You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice. 8.7 We shall not be liable in respect of any allergic reactions occurring due to flowers or other material used in any arrangements, or if any staining or discoloration occurs due to the arrangements, unless instructed by you not to use particular flowers or materials or (in the case an allergic reaction) caused by our negligence. 8.8 In addition to the above and subject to clause 8.2, Subject to all of the above, if you are a business customer: (a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and (b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
9. INTELLECTUAL PROPERTY
9.1 You acknowledge and agree that McQueens retains ownership of all intellectual property rights and other rights in all and any designs, creative proposals, arrangements, artwork, drawings, photographs, visual images, displays, mood boards, materials, content and other information (“Materials”) that we create for you or provide or make available to you in relation to your order. You shall have no right to use, copy or modify the Materials in any way (whether for commercial or personal use or otherwise) without our prior written consent. 9.2 You acknowledge and agree that damages may not be an adequate remedy for a breach of Clause 9.1 and that, without prejudice to any and all other rights or remedies that it may have, we shall be entitled to seek an injunction, an order for specific performance or any other equitable relief for any actual or threatened breach. 9.3 Credit must be given to us in any social media photography that you take, using the hashtag #mcqueensflowers.