Terms of Service

ORDER FORM AND PAYMENT

You will be guided through the Order Form and will be required to provide us with your personal details, the recipient's details and all necessary payment details.

DELIVERY

Incorrect personal details may lead to problems or delays in delivery, so before placing your order, please ensure you have included the full name, address details, including accurate postcode and telephone number of the intended recipient and your daytime contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered. Special delivery conditions apply to certain locations where a third party is involved such as hotels, hospitals and offices. In such cases, the signature of the person authorised to receive the order shall be accepted as proof of delivery and fulfillment of the order.

Please note that not all hospitals can take delivery of flowers. If you wish to send flowers to a hospital please telephone in advance to check they can do this.

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

Flowers by GiMi delivers island-wide through our own delivery systems and delivery prices are static across the island. Our delivery service in Bermuda is not available on Sundays or public holidays with the exception to key dates. Delivery will be handled at a flat fee of $10.00 will apply. Orders need to be placed by 4pm for next day delivery island-wide. We are unable to offer delivery on Sundays, and public holidays.

Flowers by GiMi can also deliver worldwide through a third party. This service is not available online and charges do apply. For more information please call 1 441 297 4464.

If you are unsure please call 1 441 297 4464. for advice on delivery. If there is no one at the address when our drivers try to deliver the flowers, we will contact you for further instruction on re-scheduling the delivery.

PERSONAL MESSAGES

You must agree that any messages sent by us as a third party will not contain anything that can be construed as vulgar, abusive, harassing, racist or defamatory and that may cause upset and embarrassment to the recipient or any other person. Flowers by GiMi has the right to refuse to send or display objectionable messages.

RETURNS POLICY

We hope you will be delighted with your Flowers by GiMi products. However, if you are not happy with your goods then you may return them providing they are received by us within 3 working days of receipt. The goods must be unused and unmarked. This does not affect your statutory rights. Failure to do so will prevent us from processing any refunds or exchanges. Products should be returned in the same condition as when they arrived with the original packaging intact and tags attached. Please take care when unpacking & repacking.

It is recommended that you deliver any returns directly to our store & retain proof of purchase. Refunds and exchanges are made approximately two weeks after receipt of goods to allow for inspection. Customers who have paid by credit card will have their accounts credited. Refunds will not be made to a third party.

As soon as we receive your returned goods we will process your request. We will contact you to offer either an alternative or a refund. Delivery costs are not refundable unless the item is faulty. In the event of the goods being faulty we will cover all costs for delivery and either refund or exchange the goods.

LIABILITY

If the flowers we deliver are not what you ordered or are damaged or defective, or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us of the problem within 3 working days of the delivery of the products in question.

Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition, and we shall have no liability to pay any money to you by way of compensation.

We shall have no liability to you for any failure to deliver products you have ordered or any delay in doing so that is caused by any event or circumstance beyond our reasonable control, including breakdown of systems or network access, flood, fire, explosion or accident.

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right to enforce any term of this agreement, but this does not affect any right or remedy of a third party that exists or is available.

CANCELLATION

Should you need to cancel or amend your order, please notify us as soon as possible by telephone on 1 (441) 297 4464, preferably 24 hours before the delivery date, we can then process the cancellation or amendment of your order. If order has been delivered or made up you may be fully charged.

SECURITY

All customers’ credit card details are kept safe from fraud or unauthorised misuse on a secure server. Once card details are collected they are deleted from the server.

DISCLAIMER

Whilst we agree to use our reasonable endeavors to ensure that the website is fully operational and error free, we cannot guarantee this and therefore accept no responsibility for any defects and/or interruption of the website, and shall be released from our obligations under these Terms & Conditions in the event of any cause beyond our reasonable control which renders the provision of the website impossible or impractical.

We exclude, to the fullest extent permitted by applicable laws, and save in respect of death or personal injury arising from our negligence, all liability of any claims, losses, demands and damages arising directly or indirectly out of or in any way connected with your use or inability to access the Flowers by GiMi website and/or the Flowers by GiMi service. This exclusion shall apply in respect of, 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, whether arising in contract, tort, under statute or otherwise PROVIDED THAT nothing contained in these Terms & Conditions affects or will affect the statutory rights of the customer or the recipient in relation to the quality, fitness or description of the products supplied.

GENERAL

We reserve the right to supplement and amend the Terms of Service on which you are permitted access to the website from time to time. Any changes will be posted on the website and it is your responsibility as a customer to review any changes on accessing the website.

Additionally, we reserve the right to suspend, restrict or terminate access to the website for any reason at any time.

These Terms of Service shall be deemed to include all other notices, policies, disclaimers and other terms contained in the website, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms of Service shall prevail. If any of these Terms of Service are held to be invalid or enforceable, the remaining provisions shall remain in full force and effect.

DATA PROTECTION/PRIVACY

Our policy is to respect the privacy of all customers. We will not monitor, edit or disclose any personal information about you or your accounts, including its content without your prior permission, unless we are required to do so to conform to legal requirements or comply with legal process.

We shall ensure that we comply with the requirement of all current data protection legislation including. We shall only use personal data received from you for the purpose of fulfilling our obligations under these Terms of Service.

WEBSITE COOKIE POLICY

Cookies are small text files that are stored on your computer's hard drive by websites you visit to enable the site to 'remember' who you are. In general, cookies are only visible to the site that serves them, not to other websites. 'Serves' means places on your computer's hard drive. We use some 3rd party analytics and social sharing services which rely on low level cookies to collect and analyse site statistics. These cookies do not collect any personally identifiable information and are only used for the statistical collection of data such as visits and page hits. By using this website you agree to the use of cookies for analytic purposes. If you wish to restrict or block the cookies which are set by our sites, or indeed any other website, you can do this through your browser settings.

These Terms of Service shall be governed by and construed in accordance with Bermuda law and the parties agree to submit to the exclusive jurisdiction of the Bermuda Courts.