Terms & Conditions

TheFlowersPoint.com- Terms and Conditions We thank you from the bottom of our heart for placing an order with us and making us a part of your celebrations. We strive hard to make your celebrations memorable and wonderful. We at TheFlowersPoint.com are a group of gifting and celebration enthusiasts. We love our work and try to serve people in their celebrations and have fun doing so.  We try our level best that whatever we display on our website is delivered with the same quality as promised. In serving you we also care to follow certain guidelines, rules, and processes. These terms and conditions are not there to intimidate the user but are there so as to minimize the areas of conflict. We have listed these so that the user is aware of the processes and rules that can affect him/her, his/her order, and the recipient. Please read these Terms and Conditions carefully, clarify them from Customer care if you have any doubts. Be assured that our spirit of working is that everyone should be benefited - our team, our customers, and our company. By accepting the terms and conditions you are accepting the policy of TheFlowersPoint.com. 1. Delivery Timings For all same day orders, orders have to be made before 5 pm on the same day. All orders made after this shall be considered for delivery latest by the next day. We do not guarantee any timed delivery, our regular delivery timings are between 9:00 am to 9:00 pm. Clients can request specific timings in the Special Instructions section of the payment form, we will try our best to honor the client's request but cannot GUARANTEE the timing of delivery. Delivery timings if promised cannot be guaranteed in case of special circumstances like extreme weather conditions, riots, strikes, elections, bandhs, power cut, during rush hour days like Valentine's Day, Mothers Day, Rakhi, New year Eve, etc, the order cancelation would not be possible in such circumstances. For Valentine Midnight delivery, delivery will be done between 9 PM to 2 AM 2. Discounts:   All the discounts are decided by TheFlowersPoint team and none of the Discounts and offers can be clubbed together. 3. Product Description:   We do not warrant that the Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
 4. Delivery Product 1. The flower arrangements cannot be guaranteed to be exact replicas of the ones shown on-site because of different vendors & different season constraints.  2. Although the quantity of products will be the same if there have to be substitutions because of the nonavailability of products, these substitutions will be of equal or higher value.  3. Change of color of flowers due to nonavailability shall also be considered under this condition. Also, the icing and design of the cake may vary from the image depending upon local availability.   4. There is a possibility that some flowers and plants might be harmful or poisonous, please be sure you visited our Allergy & Health Information page before submitting your order. 5. In the event that we are unable to supply all or part of your order (the product or any substitute product to you at all), we shall notify you as soon as possible and reimburse your payment in full no later than 30 days after the intended delivery/collection date. 6. Selected products are not available for same-day delivery or other special delivery services. Further information regarding product availability and delivery options will be presented when placing your order.

7. During peak time / special occasions like Valentine's Day if flowers/cakes/other items ordered by customer is not available then flowers/cakes/other items of equal price will be delivered.

5. Prices 1. Prices listed within the TheFlowersPoint.com website are a valid maximum of 10 days of submitting your order. 2. Prices included GST for deliveries within India. 3. Product prices for items requiring delivery to selected cities in India. 6. Order Change/ Cancellation 1. Any changes to the order would be entertained with monetary adjustments if requested before 48hrs of the actual delivery. Changes after that will not be guaranteed to be entertained and order would not be canceled. Cancellation charges of 25% are applicable to all cancellation requests. 2. We regret that you may not cancel an order for customized goods if as at the time you seek to cancel, the customization process has begun. No return or refund is possible in case of customized products like Karwa Chauth thali set. 3. In respect of non-customized goods, you may cancel your order when the status is “New Order”. After an order has been set as Preparing, Shipped or Delivered, any cancelation will be made upon request and will be analyzed if it applies to a partial or full refund. 4. You are entitled to cancel any payment at any time where fraudulent use has been made of your credit or debit card by another person not acting on behalf of you or as your agent and to be re-credited by us to the extent that such sums are not reimbursed by the card issuer in such circumstances. 7. Damaged deliveries: Any issues with the products delivered should be reported within 4 hours of receipt, after that no request for replacement or refund will be entertained. The problem report must be supported with substantial proof of the damage made to the product (unpacking video). We request you to please check carefully all items at the time of delivery because after delivery if you complain about damaged products then we are not responsible. As our process is to deliver the products to the recipient in a proper manner, but if they update us later in any case then we are not responsible and no refund is applicable. 8. Rules for delivery: a) Delivery will be made as per the delivery instructions. e.g. if delivery instructions state that the product must be delivered to the recipient only, it will not be given to anyone else and shall be considered delivered if the recipient is not available. If the recipient doesn't accept the delivery, we shall consider the order to be delivered. b)TheFlowersPoint will be able to attempt delivery of your gifts only ONCE. In the event the delivery is not executed during the attempt, the customer shall still be charged for the order and no re-delivery will be possible. We will consider the order executed in the below cases: 1. Wrong shipping/delivery address. 2. Recipient not available. 3. Premises locked. 4. Wrong landlines / Mobile number or Extension number which may render us unable to reach the recipient for the delivery. 5. Recipient refusing to accept the delivery. 6. Delivered the product at the Gate/ Reception/ Neighbor. 7. In case of nondelivery due to unfavorable conditions like heavy rainfall, natural disaster, delivery rider mishappening, OR Delivery Van accidental case, we would be able to re-process the order as soon as situations get normal. On request of cancellation for such case, Only refund voucher will be provided against the complete amount paid by the customer which will be applicable for future use without any condition. 9. Governing Law: These terms shall be governed by and constructed in accordance with the laws of India. 10. Substitution Policy Occasionally, substitutions of flowers or containers are necessary due to temporary, regional availability issues. If this is the case with the gift you have selected, our experienced florists will ensure that the style, theme, and color scheme of your arrangement is preserved and will only substitute items of equal or higher value. We, however, reserve the right to substitute the flowers (Including specified color) / other products with equal or higher value in case of non-availability of the desired product. 11. Rules for Duplicate Orders: If TheFlowersPoint finds that the same order has been made twice we will try to contact the customer and get that clarified. If the customer is not contactable we will take the decision on our behalf and that will be final. 12. Dealing with Fraudulent Customers: If we find out any fraudulent behavior from any client in terms of wrong address, unethical message, odd delivery timings, or any other reason, we hold the power to reject that order or ban that customer without being answerable to anyone. 13. Rules for unfounded recipient: In case the final customer is not available for receiving the placed order and we have strict instructions to deliver only to the intended customer the order shall be considered delivered and no refund will be made. Please refer Cancellation and refund policy for further details. 14. All courier items will be shipped using third-party courier services like BlueDart or equivalent courier and we are not responsible for any fraud or cheating related to the delivery of courier products. The delivery date selected for courier products is tentative and we don't guarantee delivery date and timings as the delivery depends on third-party courier services. All orders will be delivered between 9 am - 7 pm and may take 3-9 days of shipping time depending on the product, availability, and other parameters.

15. We hold the right to extend our services to any individual, organization, group, or business unit. We may refuse to serve any individual, organization, group, or business unit solely on our own will and we will not be answerable to anyone. 16. TheFlowersPoint.com may amend its Terms & Conditions from time to time. These terms shall be governed by and constructed in accordance with the laws of India. 17. These Terms and Conditions, together with TheFlowersPoint cancellation and refund policy, Privacy Policy, Disclaimer and other rules and policies posted on the site, which is hereby incorporated as if set forth fully in these Terms and Conditions, constitute the entire agreement between you and TheFlowersPoint with respect to your use of and material available through the site, and they supersede all prior or contemporaneous communications and proposals between you and TheFlowersPoint with respect to this site. Any rights not expressly granted in these Terms and Conditions are reserved. 18. I understand that  TheFlowersPoint can send transactional and promotional messages on my registered phone number. 19. TheFlowersPoint.com Customer Service 1. In the event that you are not satisfied with the TheFlowersPoint.com Service any complaints should be addressed in the first instance to [email protected] 2. Our Customer Service is available as detailed below :  Email: [email protected]  Phone : +91 7497897718 3. 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. 4. Complaints policy: In the event of any complaint please contact us and we’ll do all we can to put the situation right, or do the best for you which satisfy your inappropriate manner. 20. Disclaimer 1. Whilst we agree to use all reasonable endeavors to ensure that the TheFlowersPoint Site and/or the TheFlowersPoint Service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the TheFlowersPoint Site and/or the TheFlowersPoint Service and shall be released from our obligations under these Terms and Conditions in the event of any cause beyond our reasonable control which renders the provision of the TheFlowersPoint Site and/or the TheFlowersPoint Service impossible or impractical. 2. We shall not be liable for any delay or inability to perform our obligations to you if such delay is due to any cause whatsoever beyond our reasonable control. 3. TheFlowersPoint understands that it is under a legal duty to supply goods that are in accordance with the contract.

21. Use of TheFlowersPoint discount voucher codes 1. TheFlowersPoint discount voucher codes (also abbreviated to “Voucher codes”) can only be used against purchases made on TheFlowersPoint Websites for deliveries made in the intended region promoted. 2. Voucher codes must be entered in the relevant section of the order process on TheFlowersPoint Websites. We are unable to apply a discount to orders already placed. 3. Voucher codes are usually restricted to one use per customer and should not be passed on to additional recipients. 4. Voucher codes may also be set to a maximum number of redemptions - if we are not able to accept discount code you have entered it will be because the code has expired or maximum redemption level for promotion exceeded. We will advise you accordingly in the order process and the discount will not be applied. 5. Selected voucher codes may be restricted for use against specified products - where possible, details of any restrictions will be communicated at the point where we promote the voucher code to you. 6. Voucher codes cannot be exchanged for a cash alternative or used in conjunction with any other promotions. 7. Where the voucher code entitles you to a percentage discount, the discount will not be applied to the delivery charge or any other extra service requested. 8. Voucher codes may be withdrawn or suspended without notice for any reason. We will advise you within the order process if we cannot accept the discount code you have entered. 9. We cannot be held responsible for the non-availability of TheFlowersPoint.com which may prevent the use of Voucher codes. 10. Changes to these terms of use may be made at any time. 22. Intellectual Property All other rights, including copyright, in this website, are owned by Shareholders of TheFlowersPoint B.V. Any reproduction, distribution or use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, noncommercial use is strictly prohibited without the permission of TheFlowersPoint B.V. You may not modify, distribute, or repost something on this website for any purpose. 23. My Account Service 1. TheFlowersPoint My Account Service is provided as a complimentary feature by TheFlowersPoint (the “TheFlowersPoint”) for your personal use subject to these Terms and Conditions. In order to provide the Service, we will hold certain personal information. Except to the extent that we are required or permitted by law, any personal information which we collect will be used solely for the purposes of providing the Service. Please note that we reserve the right to link the personal information you provide on our different websites and through TheFlowersPoint’s current and future mobile applications. 2. To register with the Service you must be over eighteen years of age. 3. When you register with the Service you will be required to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us immediately. Should you forget your password, please use the password reminder service (this option can be found adjacent to the My Account login box). 4. If TheFlowersPoint has reason to believe that there is likely to be a breach of security or misuse of the Service or Site, we may require you to change your password or may suspend the use of the Service. 5. You must ensure that the details you provide on registration or at any time are correct and complete. 6. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. You can update the details you have given us at any time by going to the section of My Account. This will ensure that the Service we provide is accurate and up to date. 7. Use of the Service is intended to assist with purchases to be made via the site. The Service must not be used for the following purposes: Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material. Gaining unauthorized access to other computer systems. Interfering with any other person's use or enjoyment of the Site. 8. TheFlowersPoint reserves the right to refuse to post material on the Site, or to remove material already posted on the Site. 9. Whilst we take every reasonable precaution and care in relation to the Service, we do not make any representation or warranties of any kind (express or implied) with respect to the contents or operation of this Service, and any such representations and warranties are excluded by this notice. We do not warrant that use of the Service will be uninterrupted or error-free. Whilst every effort is made to ensure reminder emails set up on your account are processed and delivered as requested, we cannot be held responsible for non-delivery of these messages. Your use of the Service is done so entirely at your own risk and we do not accept any liability whatsoever for losses or damages that you may suffer as a result of your use of the Service. 10. Your access to the Site and Service may be occasionally restricted to allow for routine maintenance. 11. These Terms and Conditions operate in conjunction with general Terms & Conditions of the Site governing overall use and order placement. We are committed to protecting your privacy, further information is contained within our Privacy Policy. 12. If you have any queries please contact us using the contact details below: [email protected] 13. We have obligations in relation to your personal information. Some of the information you provide may be "sensitive" information (i.e. information on "delicate" matters, including race, political opinions, religion, trade union membership, physical or mental health or condition, sexuality, etc). By registering for the Service and providing your details, you agree to us using the information in the way set out above. Where you provide information about other people (for example their date of birth, or their address) you also confirm that have the consent of these people to provide us with that information. 24. Content Moderation TheFlowersPoint reserves the right to moderate content posted on its social media sites. Any posts not in line with this Terms of Use Policy will either be deleted or not posted, as determined solely by TheFlowersPoint, at the sole discretion of TheFlowersPoint. TheFlowersPoint reserves the right to remove or report any posts which could be deemed inappropriate or offensive. Repeated violations of this Terms of Use Policy may result in a user being banned or blocked from TheFlowersPoint’s social media sites and reported to the appropriate social media platforms. Any threats made against individuals or property will be reported to the police. Privacy Protection Be smart about protecting yourself, your privacy and the privacy of others. What you publish is widely accessible and may be around for a long time, so carefully consider what you post. Do not post personal or sensitive information about yourself or others, including bank account information, information that may be used to locate yourself or another, or information that could otherwise be deemed to constitute an invasion of another's privacy. 25. Content and Copyright TheFlowersPoint assumes no liability for errors or omissions in any material on TheFlowersPoint social media sites. For any content you post on TheFlowersPoint’s social media sites, you warrant that it is your own original work, or if it is covered by intellectual property rights owned by third parties, you represent and warrant that you have obtained all rights to that third party content and specifically grant to TheFlowersPoint a worldwide, perpetual, irrevocable, royalty-free and fully-paid, transferable right and license to exercise all copyright, publicity, moral rights and any other IP rights with respect to any such content you provide.  26. Severability If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision, and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.