1. WHO WE ARE AND HOW THE WEBSITE WORKS

1.1 Direct2Florist. We are Florist2Florist.com Limited t/a Direct2Florist a company registered in England and Wales. Our company registration number is 04540923 and our registered office is at 2 Ormrod Street, Farnworth, Bolton, England, BL4 7DW. Our registered VAT number is 817 6839 89.

1.2 Contacting us. You can contact our customer service team on +44 (0)1204 452 000, by email at [email protected], or by writing to our registered office. We may contact you using the telephone number, email address or postal address supplied with your order. References to writing include email.

1.3 The Seller. Direct2Florist operates the Website as agent and platform provider for independent florists. The named New Zealand florist you select is the Seller of the flowers and other products and, when that florist accepts your order, your contract for those products is with that florist. The Seller is identified in the listing and order information before you place your order. The florist is acting in trade. Direct2Florist does not take ownership of the products or supply them as Seller.

1.4 Our role. We display the florist\'s listing, transmit orders, facilitate customer communications and customer service, pre-authorise and process payments as the florist's agent, and may process refunds on the Seller's behalf. Direct2Florist remains responsible for its own acts and omissions to the extent required by law.

1.5 Named florist and changes. An NZ Order is sent to the specific florist you choose. We will not transfer your order to another florist without your agreement. If your selected florist cannot accept an order, we may ask whether you wish to place a new order with another florist; you do not have to agree. Any payment authorisation for an order that was not accepted will be released, or any captured payment refunded.

2. PLACING AN ORDER AND WHEN THE CONTRACT IS FORMED

2.1 Your order. When you submit an order, you are asking the named florist to supply the products, delivery or collection option, and any agreed extras shown in your order. The checkout will show the total price and any delivery or other mandatory charge before you submit it. Prices include New Zealand GST where applicable. We will give you an order number, which you should quote when contacting us or the florist.

2.2 Payment pre-authorisation. At checkout, your payment method is pre-authorised. Payment is captured when the florist accepts your order. A pre-authorisation or an automated acknowledgement that we have received your order does not mean that the florist has accepted it and does not by itself create the contract for the products.

2.3 Acceptance. Your contract with the Seller is formed when the florist accepts the order through the Direct2Florist system. We will send or make available confirmation of acceptance.

2.4 Before acceptance. You may ask the florist or Direct2Florist to cancel your order before it is accepted. If the order is cancelled before acceptance, the payment pre-authorisation will be released or, if any amount has been captured, you will receive a full refund including the delivery charge.

2.5 If the florist does not respond. If an order remains unaccepted, Direct2Florist may make reasonable attempts to contact the florist. If the florist remains unresponsive, we may cancel the unaccepted order and release the payment pre-authorisation or issue a full refund, including the delivery charge, as applicable.

2.6 If an order cannot be accepted. An order may be left unaccepted or cancelled before acceptance because, for example, the florist is unavailable, cannot safely meet the delivery requirement, an item is unavailable, or an obvious pricing or listing error is identified. You will not be charged for an order that is not accepted.

3. PRODUCTS, NATURAL VARIATION AND SUBSTITUTIONS

3.1 Natural products. Flowers are natural and seasonal products. Images are illustrative and the flowers, foliage, packaging, containers and presentation delivered may vary from photographs on the Website. The delivered products must still correspond with their description, be of acceptable quality, and meet other applicable guarantees under New Zealand consumer law.

3.2 Minor substitutions. The florist may make minor substitutions where reasonably necessary because of availability or seasonality, provided the overall value, quality, style and colour or theme remain as close as reasonably possible to the order. A minor substitution does not remove your rights under the Consumer Guarantees Act 1993 or Fair Trading Act 1986.

3.3 Material substitutions. If a proposed substitution would materially change the principal flowers, design, size, value or an essential feature of your order, the florist must seek your agreement before making the change. If you do not agree, the florist must discuss an appropriate alternative or cancellation and refund, taking account of your legal rights.

3.4 If you cannot be contacted. If an essential product becomes unavailable and a material substitution is required but the florist cannot obtain your agreement in time, it should not treat a materially different product as the product you ordered. The florist will contact you as soon as reasonably possible about an alternative or cancellation and an appropriate refund. Where a feature is not material, clause 3.2 may apply.

3.5 Changes requested by you. If you want to change an order, contact the florist or Direct2Florist as soon as possible. A requested change is not effective until agreed. Any resulting change to price or delivery arrangements will be explained before the amendment is confirmed.

4. DELIVERY

4.1 Delivery charges. Any delivery charge will be shown during checkout before you place the order.

4.2 Delivery date. Once the florist accepts the order, the delivery date selected and accepted forms part of the contract. If the florist becomes unable to deliver on that date, the florist must contact you promptly and seek an agreed solution. If a suitable alternative cannot be agreed, you may be entitled to reject the delivery or receive a refund or other remedy under New Zealand consumer law, depending on the circumstances.

4.3 Delivery times. Delivery times and time windows are estimates unless the florist has specifically agreed a time with you. For funeral flowers, provide accurate funeral details, including the service time where requested. Delivery before an accepted funeral or service time is an important requirement of the order.

4.4 Wrong-date or late delivery. If delivery is attempted or made on the wrong date, or is late, contact the florist or Direct2Florist promptly. The Seller will assess an appropriate solution, which may include redelivery, replacement, a partial refund or a full refund, depending on the circumstances and your legal rights. An accepted deadline that was essential, including a funeral deadline, may give rise to additional rights.

4.5 Address and contact information. You are responsible for providing a complete and accurate delivery address and reasonable contact details for the purchaser and/or recipient. The florist is not responsible for delay or failed delivery caused by incorrect or incomplete information supplied by you, except to the extent the florist could reasonably have avoided the problem.

4.6 Nobody available. If nobody is available, the florist may leave the flowers in a suitable safe place or with a neighbour only where that is reasonable in the circumstances and consistent with any delivery instructions you gave. The florist should consider the weather, perishability, security and whether the recipient can reasonably find the delivery, and record what it did. A safe-place or neighbour delivery does not automatically settle a dispute about loss, damage or whether delivery was properly completed. Your legal rights remain available.

4.7 Failed delivery and redelivery. If delivery genuinely cannot be completed, the florist may return the products to its shop and arrange redelivery or collection with you. If another delivery attempt is needed because the address or contact information you supplied was incorrect or incomplete, or because nobody was available to receive the order and a safe delivery could not reasonably be made, the florist may charge a reasonable additional delivery fee. Any such charge will be explained before redelivery.

4.8 Incorrect address and refunds. Where delivery fails because you supplied an incorrect or incomplete address and the florist has already prepared the perishable products and made a reasonable delivery attempt, the florist may refuse a refund for those products, subject always to your statutory rights.

4.9 Events outside reasonable control. Neither the Seller nor Direct2Florist is responsible for delay or failure caused by an event outside its reasonable control to the extent permitted by law, provided reasonable steps are taken to minimise the effect. If such an event creates a substantial delay, you will be informed and any rights you have to cancel or obtain a refund will remain available.

4.10 Click and collect. Where collection is offered, the arrangements shown at checkout or agreed with the florist apply. If you fail to collect fresh flowers on the agreed date, the florist may be unable to offer a change-of-mind refund. This does not affect your rights in relation to faulty, misdescribed or otherwise non-conforming products.

5. CANCELLATION AND CHANGES AFTER ACCEPTANCE

5.1 Change of mind. New Zealand law does not generally give you an automatic right to cancel an online order simply because you change your mind. Once an order is accepted, ask the florist if you wish to cancel it. This does not affect rights arising from a failure to supply the agreed products or delivery, any applicable consumer guarantee, a misleading representation, or another legal basis for a remedy.

5.2 Voluntary cancellation at your request. If the florist agrees to cancel after acceptance at your request, it will tell you whether a deduction is proposed for reasonable and unavoidable costs already incurred in buying, preparing or handling products specifically for your order, taking account of costs it can reasonably avoid. You may decline a proposed voluntary cancellation arrangement and retain any rights you have under law.

5.3 Cancellation by the florist. The florist may cancel where it cannot lawfully or reasonably fulfil the order, where you fail to provide essential information or prevent reasonable delivery, or where a requested message or customisation is unlawful, threatening, abusive or otherwise inappropriate. If cancellation results from your breach after reasonable costs have already been incurred, the florist may deduct reasonable unavoidable costs from any refund, to the extent permitted by law.

5.4 Pricing errors. Before acceptance, an order containing an obvious pricing error may be cancelled and any payment authorisation released or captured payment fully refunded. If the florist has accepted an order at a price shown on its listing, the florist will normally honour that accepted price, subject to any rights available under applicable law.

6. QUALITY PROBLEMS, COMPLAINTS AND REMEDIES

6.1 Your statutory rights. The Seller must comply with applicable New Zealand consumer law, including the Consumer Guarantees Act 1993 and Fair Trading Act 1986. Where applicable, goods must be of acceptable quality, match their description and be fit for a purpose made known to the florist; delivery services must meet the applicable standards. Nothing in these terms limits or excludes rights or remedies which cannot lawfully be limited or excluded.

6.2 Reporting a problem. Because fresh flowers are perishable, please report a quality problem as soon as reasonably possible and ideally within 7 days of delivery. Reporting within 7 days helps the florist investigate the condition of the flowers, but it is not an absolute time limit and does not affect your statutory rights.

6.3 Evidence. The florist may reasonably ask you to provide photographs or other information to help investigate a complaint. Depending on the circumstances, the florist may also ask for an opportunity to inspect or collect the products where reasonable.

6.4 Assessment and remedies. The florist, as Seller, will assess the complaint promptly and fairly. Depending on the nature of any failure and your legal rights, remedies may include putting the problem right within a reasonable time, replacement, redelivery, a partial refund or a full refund. For a substantial failure, you may have a right to reject the goods and choose an available statutory remedy. Fresh flowers should be assessed in light of their nature and the circumstances of the order.

6.5 Direct2Florist assistance. You may contact Direct2Florist about an order or complaint. We will pass relevant concerns to the Seller, assist with communication and may process an authorised refund on the Seller's behalf or make a goodwill payment from our own funds. The Seller remains responsible for remedies it owes you under New Zealand law. How Direct2Florist and the Seller agree to allocate costs between themselves does not reduce your rights against the Seller or Direct2Florist's own responsibilities under law.

7. REFUNDS AND PAYMENTS

7.1 Refund responsibility and method. Where a refund is agreed or legally required, the Seller is responsible for providing it promptly. Direct2Florist will normally process an authorised refund on the Seller\'s behalf to the original payment method wherever reasonably possible. Contact us if a refund is overdue so that we can help resolve it. Any disagreement between Direct2Florist and the Seller about who ultimately bears a cost does not change your legal rights.

7.2 Processing. An authorised refund will be submitted promptly. The time taken for it to appear in your account may depend on your bank, card issuer or payment provider. We will not use a processing delay to avoid a refund that is legally due.

7.3 Bank and card charges. Direct2Florist is not responsible for a payment being declined by your card issuer or for currency conversion, international transaction or other charges separately imposed by your bank or payment provider, except where applicable law provides otherwise.

8. RESPONSIBILITY OF THE SELLER AND DIRECT2FLORIST

8.1 The Seller\'s responsibility. The Seller is responsible for supplying the products under your contract, including their quality, freshness, preparation, substitutions, fulfilment and delivery, and for providing the remedies required by applicable consumer law.

8.2 Direct2Florist\'s responsibility. Direct2Florist is not the Seller of products supplied by an independent florist. We are responsible for our own acts and omissions in providing the Website, agency, payment and customer-service functions to the extent that the law makes us responsible.

8.3 Loss and responsibility. The Seller and Direct2Florist are each responsible for their own obligations under the order, these terms and applicable law. Any claim for loss or damage will be assessed under applicable New Zealand law and the facts of the order. This clause does not remove remedies available under the Consumer Guarantees Act 1993 or Fair Trading Act 1986.

8.4 Rights that cannot be excluded. Nothing in these terms excludes, restricts or modifies the Consumer Guarantees Act 1993 or any other right, remedy or liability where New Zealand law prohibits that result. This includes liability for fraud and liability that cannot lawfully be excluded or limited.

8.5 Personal use. The Website is intended for consumer purchases. Neither Direct2Florist nor the Seller is responsible for business losses, loss of profit, loss of business, business interruption or loss of business opportunity arising from a consumer order, to the extent permitted by law.

9. PERSONAL DATA AND RECIPIENT INFORMATION

9.1 Privacy. Direct2Florist and the Seller handle personal information for the order, delivery, customer service and lawful record-keeping in accordance with applicable privacy law. Our Privacy Policy explains what we collect, who receives the information, any overseas handling, and how individuals may contact us about their information. The Seller receives the details reasonably needed to fulfil and administer the order.

9.2 Recipient details. If you supply a recipient\'s name, address, telephone number, message or other information, provide only what is reasonably needed for the order and check that it is accurate. We share relevant details with the Seller and people reasonably needed for delivery. The recipient may be given privacy information when required by law, taking account of applicable exceptions and the circumstances of a surprise gift. These terms do not replace either party\'s privacy notices.

10. CUSTOMER REVIEWS

10.1 Review invitations. Direct2Florist may invite a purchaser to review the florist or order after fulfilment and may publish genuine reviews on the florist\'s Direct2Florist listing and elsewhere within Direct2Florist services.

10.2 Review moderation. Reviews must reflect genuine experience and must not be fraudulent, abusive, unlawful, irrelevant or otherwise breach the applicable Direct2Florist Review Policy. Direct2Florist may moderate or remove content in accordance with that policy and applicable law. A florist cannot require Direct2Florist to remove a genuine negative review merely because it is negative.

11. WEBSITE AND ACCEPTABLE USE

11.1 Website availability. We do not guarantee that the Website, order dashboard, payment systems, notifications or other online services will always be uninterrupted or error-free. We may temporarily suspend or restrict services for maintenance, upgrades, security, fraud prevention or technical reasons. This does not remove any rights you have in relation to an accepted order.

11.2 Acceptable use. You must not misuse the Website. In particular, you must not knowingly introduce malware, attempt unauthorised access, interfere with security, use automated tools to scrape non-public platform data, use the Website to defraud or mislead users, or threaten or harass florists, customers or Direct2Florist staff. We may take proportionate steps to protect the Website and its users, including restricting access where reasonably necessary.

11.3 Existing orders. Restriction of Website access does not remove rights or obligations relating to an order already accepted, except where the law or the circumstances of the order require otherwise.

12. OTHER IMPORTANT TERMS

12.1 No transfer by you. Your rights under an order are personal to you, although this does not prevent the products being delivered to the recipient you nominate.

12.2 Severability. If any provision of these terms is found unlawful or unenforceable, the remaining provisions continue in effect.

12.3 Delay in enforcement. If Direct2Florist or the Seller does not immediately enforce a right, that does not mean the right has been waived.

12.4 Governing law and courts. An NZ Order and these terms, so far as they relate to that order, are governed by New Zealand law. You may bring a dispute in a New Zealand court or tribunal that has jurisdiction. Nothing in this clause restricts any mandatory right you may have to bring a claim elsewhere.

12.5 These terms and the order information. The details shown at checkout, the accepted order, these terms and any changes subsequently agreed with the Seller form the basis of the customer contract. If there is an inconsistency, mandatory consumer law takes priority.