Terms & Conditions

Terms & Conditions

Who We Are 

Orchidya is the trading name of JS Francis Co Limited, registered in England whose registered office 42 Store Street, Bloomsbury, London WC1E 7DB. Our company registration number is 7614397. Our VAT number is 118 4968 83.

Our Business

Orchidya’s objective is to deliver luxurious and elegant bouquets, arrangements and plants to all of our customers and Clients, via excellent service and customer care.

By placing an order on the Orchidya website or when calling our customer services team to place an order, you are agreeing to the following terms and conditions. 

If you have any questions regarding our terms and conditions or have any comments or feedback, please email us at info@orchidya.com or call us on 0203 302 1539.

Orchidya Service Guarantee


Orchidya offers an ordering and delivery service of luxury flowers, plants and orchids from our premises at the above address in London. We work with Brisqq our partner courier company to ensure timely delivery within selected timeslots. We do not accept orders to postcodes to which we cannot deliver.  Operating hours may vary depending on local trading conditions.
When working with fresh, seasonal ingredients that are often affected by the climate and can, as such, we may experience unpredictable availability. If for any reason, we are unable to fulfil your chosen product, or elements of it, we will work with our expert florists to substitute the affected ingredients using the most appropriate alternative to ensure your fresh flowers have a similar colour, style, shape & size. If the product you ordered was damaged on receipt, please contact  us immediately within 1 hour of their receipt, forwarding a photo of the damage by email.

Changes To Your Order


When you place an order through our online boutique, you will receive an email (the “Confirmation Email”) from Sagepay confirming that your order has been received and accepted by Orchidya. The contract for the supply of any order through us will be between you and us and will only be formed when you have been sent the Confirmation Email by Sagepay. Please ensure you have given us a correct email address as this is how we will communicate with you about your Order. Please also ensure that you provide an accurate address and telephone number to ensure that your orders arrive to the correct location. If the recipient does not open the door or respond to telephone correspondence within 15 minutes of our delivery delivery drivers physically reaching the address, we reserve the right to leave the premises, and you will be charged for the delivery. We will attempt to leave the flowers either in a secure place or with a neighbour. However in the event that this is not possible and the recipient is not contactable, the driver is required to return the flowers to Orchidya, the fee for which you will be charged. Orchidya seeks to provide a quality service and will be the first contact in the event that there is a problem with your delivery either in regards to quality and/or substance. We do monitor our deliveries very closely and it is of the utmost importance to us that they comply with our standards and help us to maintain our reputation. Please let us know if you have any comments relating to our deliveries or in respect of the orders made by emailing or calling us.
If you wish to make any changes to your order please call our customer services team on 0203 302 1539. Please note that any changes to your order (such as delivery address, gift message) must be made at least 2 working days prior to requested delivery date to ensure that we have time to amend your order prior to dispatch. We will do our best, but cannot guarantee that we will be able to accept changes made to your order after that time.
For peak season (Valentine’s Day and Mother’s Day), we cannot guarantee that we will be able to accept changes to orders within 48 hours of the intended delivery date.

Flower Availability and Substitution

All flowers are subject to availability. In the event that a particular flower is unavailable, our skilled florists will select a suitable substitution based on 1) Colour, 2) Shape 3) [to an equal or greater] Value, selected in this order of priority. If you wish to discuss the substitution we have made, please contact our customer care team on or email us 0203 302 1539 or email us at info@orchidya.com.

In the event of any supply difficulties, or if the flowers received from our growers that are needed to make up your order do not meet our high quality standards, we reserve the right to substitute any product required or part of product, with an alternate product of a similar style and equivalent (or greater) value and quality.

We may try to contact you regarding a substitution however this will be carried out on a case by case basis. If we are unsuccessful at contacting you via the contact methods provided prior to the time that we are required to make up your order, we will assume that you accept the substitution.

Vase Availability and Substitution

All products are subject to availability, and acceptance of your order.  If the vase pictured on our website is unavailable due to stock limitations, we reserve the right to substitute any product required, with an alternate product of a similar style and equivalent (or greater) value and quality. Where substitution of vases is necessary, we will try to contact you via email. If you wish to discuss the substitution we have made, please contact our customer care team on or email us 0203 302 1539 or email us at info@orchidya.com.
If we are unable to contact you via the contact methods provided prior to the time that we make up your order, we will assume that you accept the substitution.


Flower Presentation and Risk


All orders are subject to availability. Flowers may be delivered in bud to ensure longer life. Some flower bouquet contents may be harmful if eaten and/or a skin irritant. Please inform us as early as possible if you have a plant or flower allergy and we will be happy to discuss suitable options with you. Please contact our customer care team on 0203 302 1539 or email us at info@orchidya.com if you wish to enquire about the safety of contents before confirming an order with us.

Orders

When you place an order through our online boutique, you will receive an email (the “Confirmation Email”) from Sagepay confirming that your order has been received and accepted by Orchidya. The contract for the supply of any order through us will be between you and us and will only be formed when you have been sent the Confirmation Email by Sagepay. Please ensure you have given us a correct email address as this is how we will communicate with you about your Order. Please also ensure that you provide an accurate address and telephone number to ensure that your orders arrive to the correct location. If the recipient does not open the door or respond to telephone correspondence within 15 minutes of our delivery delivery drivers physically reaching the address, we reserve the right to leave the premises, and you will be charged for the delivery. We will attempt to leave the flowers either in a secure place or with a neighbour. However in the event that this is not possible and the recipient is not contactable, the driver is required to return the flowers to Orchidya, the fee for which you will be charged. An additional fee for the redelivery of the order will be due. Orchidya seeks to provide a quality service and will be the first contact in the event that there is a problem with your delivery either in regards to quality and/or substance. We do monitor our deliveries very closely and it is of the utmost importance to us that they comply with our standards and help us to maintain our reputation. Please let us know if you have any comments relating to our deliveries or in respect of the orders made by emailing or calling us.

Delivery

Orchidya strives to provide the best service to all our clients. However occasionally despite our best endeavours, unforeseen factors, such as traffic, extreme weather conditions or key London events may prevent us from achieving the full satisfaction of our Clients. We will make every effort to ensure that your order is delivered by the agreed time, factoring in all other orders, commitments and conditions.

We take special care to ensure that deliveries are made on your nominated day. It is your responsibility to ensure that an appropriate person is available at the delivery address at this time. All prices for delivery include VAT at the current rate unless otherwise stated. Standard deliveries from Orchidya are delivered between 9am and 5pm Monday through Saturday for business destinations and 8pm for residential destination. Deliveries are carried out by Brisqq our partner courier. Delivery costs will vary depending on the receivers postcode. Our staff will be happy to quote you a delivery price via telephone or email.

For Sunday delivery, orders must be place on Saturday by 3pm UK time.

Orders place on Sunday will be delivered the next day, Monday, unless otherwise agreed beforehand.

On Valentines Day, Mothers Day and other such annual occasions when demand for flower delivery is at its highest throughout London, Orchidya does not guarantee a time for delivery. Orchidya will schedule delivery with our couriers for the earliest available time and will prioritise places of work to ensure that delivery is completed before close of business. In order to ensure that delivery to a commercial address may be completed before 5pm, the order must be received by  9am on the day. Orders placed after this time cannot be guaranteed to reach the intended destination before close of business.

For residential addresses, delivery at peak times will be made by 10pm.

For instances when delivery cannot be completed due to factors outside of Orchidya’s control, orders may be rescheduled but shall not be eligible for refund.

Please note that although Orchidya makes every effort to ensure for the safe delivery of your order, we employ the delivery services of third parties and are therefore unable to fully guarantee for the safe delivery of either glass, porcelain or ceramic when delivered outside of the London area. Such elements are therefore transported at the customers own risk.

 

Damaged Flowers

Although we work with our delivery partners and our courier company to do our best to ensure your flowers arrive in perfect condition, on very rare occasions, flowers arrive at their destination damaged as a result of transportation. If the Client receives damaged flowers, please contact Orchidya within 1 HOUR of receiving your order on 0203 302 1539. As we are unable to control the environment into which any perishable goods may be placed once delivered, beyond this time limit we cannot offer a refund.

Orchidya may reserve the right to review any instance of damage on a case by case basis, however once the flowers have been accepted by the client and after this first hour, any subsequent damage is the responsibility of the Client.
Because of their perishable nature, flowers are non-returnable. This does not affect your statutory rights.

Personal Messages


You must agree that any messages posted by you on your card or sent by us on your behalf to a third party will not contain anything which could be construed as harassing, threatening, vulgar, abusive, obscene, defamatory, racist or which may cause embarrassment or distress to any person or are otherwise unlawful or objectionable.
You are entirely responsible for any text or other material which you post or send on this message system and Orchidya accepts no liability for any such content. We do not pre-screen messages, but may monitor content from time to time. We have the right to refuse to send or display messages and terminate access to the relevant services at any time and without liability to you in the event of any such objectionable message.



Special Offers

At our discretion from time to time, we may offer products at discounted prices. These offers are valid from the time that we introduce them to the end date of the offer and they cannot be used for purchases before the offer introduction date or after the offer end date.
In the event that a customer has made a purchase and the price of a product falls or is discounted due to a special offer, the price of the product at the time of purchase shall ‘prevail’. We are unable to offer special offer discounts for purchases that have already been made.
As our special offers are often presented due to the availability of products, we may change the terms of special offers, or withdraw them altogether, at any time and without prior notice.
We also reserve the right to offer different personalised special offers and promotions and it will therefore only be possible for the customer in receipt of the special offer to redeem the discount.

Disclaimer

Whilst we agree to use our reasonable endeavours to ensure that the Orchidya website and/or the Services are fully operational and error free, we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the Orchidya website or Services 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 Orchidya Website and/or the Orchidya service impossible or impractical.
We do not guarantee any delivery, delivery dates, or delivery times during periods when extraordinary events take place. We reserve the right to reschedule or refuse any order that is likely to be affected by route closures or lock downs of venues.
All copy and images on this website are owned by Orchidya and are protected by Copyright. Unauthorised infringement of copyright may be result in legal action being taken against the offending party.

Cancellation


You have the right to cancel an order within a reasonable time but before the order becomes a “Started Order”. We classify a “Negative Order” as any order which is cancelled after an order has started to be made up – preparing the order (a “Started Order”) . Customers can cancel an order by contacting us. We may cancel any order and will inform you once this has been done. You will not be charged for any orders which have been cancelled in accordance with this clause. Any payment made prior to an order being cancelled by us will usually be reimbursed using the same method as used to pay for your order. Any order cancelled after it becomes a “Started Order” will be charged to you. Orchidya alone will determine whether an order is a Started Order or not.

Exchanges
 (Orchids & Plants only)

Orchidya stocks only premium quality products, sourcing  plants & orchids (and flowers) only from reputable and trusted suppliers. As we are unable to control the environment into which any perishable goods may be placed once delivered, beyond the 1 hour time limit of notification subsequent to delivery, we are unable to offer refunds.

Any orchid plant purchased at the regular price (excluding items purchased on offer)  which fail within 7 days of the purchase date may be exchanged for a replacement orchid of the same variety and value IF the plant is deemed to have failed due to it is own inherent biology. In the event that the orchid has failed due to detrimental external/environmental factors e.g. incorrect watering, excessive temperatures etc, no refund will be issued. Our expert team will investigate  and determine the best solution on a case by case basis.  A receipt will be required for all exchanges.

Refunds

In the event of full cancellation of a confirmed order within the time limits set out above, we will refund your order.

If you are unhappy with the delivery upon its receipt, we will offer to replace or refund it provided that the Client has contacted us within the stipulated 1 hour timeframe, post-delivery.

As we are unable to control the environment into which any perishable goods may be placed once delivered, beyond this time limit we cannot offer a refund or replacement.

Bouquets are bespoke and stock ordered specifically for a customer cannot be guaranteed to be re-sold. Once flowers have been ordered or an order has been started, we are unable to issue a refund.

Should an order be refused by the intended recipient, the customer shall not be entitled to a refund.

In the event that upon arrival at the given location an order cannot be delivered due to reasons outside of Orchidya’s control eg. a hospital department does not accept flowers, the recipient is not known at the address, the customer shall not be entitled to a refund. It is the responsibility of the Customer to ensure that all delivery details are correct prior to the delivery date.

Where there is a query regarding a refund, Orchidya will review each case individually and will endeavour to come to a fair and amicable solution. However, Orchidya’s decision on such matters will be final.

Payment and Order Processing


Payment may be made by any of the methods indicated on the Orchidya  website via Sagepay secure transactions and will be debited when you submit your order. When you submit your order by clicking on the Place Order button, you are consenting to be bound by our terms and conditions contained in these Terms and Conditions and appearing elsewhere on the Orchidya website.
For your order to be processed and delivered on the required date, you must supply us with all the mandatory details requested. Your order will only be processed if full payment details are given on the payment pages provided for us.
Your order will be confirmed by a summary page at the end of your online transaction and then acknowledged via e-mail to the e mail address provided at the start of the transaction within 12 hours, confirming your order details. You will be issued with an order reference number for any future correspondence. All costs will be charged as defined in the order summary on the date the order was placed.
We will not consider ourselves bound by a contract with you until we have issued a confirmation e-mail to the e-mail address you , the customer, has supplied at the start of your transaction.
Our website has a secure checkout in partnership with Sage Pay and we therefore encourage customers to place their orders online. However, on occasion, when submitting customer’s credit/debit card details to our bank, we receive payment failures which prevent us from accepting your order immediately. This may be due to, that, on occasion, credit cards that are entered correctly and have sufficient funds are not validated because the card issuer is performing a random security check. In these cases, we will still have received your order but need to take payment over the phone. We will email or call you in these circumstances. If you receive a message to tell you that payment has not been validated, please contact our customer service team immediately on 0203 302 1539  or email us at info@orchidya.com to ensure your order is delivered on time.
Due to time differences, payments made out of office hours, or problems getting hold of customers via the contact details they have provided, we are sometimes unable to process a valid payment prior to the requested delivery date. If this is the case, once we have received payment, we will dispatch the flowers as soon as possible to ensure that there is no further delay. Although this delay is regrettable, it is, in the circumstances described above, outside our control and therefore we cannot offer any form of refund in these circumstances.

Our Liability

To the extent permitted by law, Orchidya provides our service and content on an “as-is” and “as available” basis and we make no representation or warranty of any kind express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. Subject as provided below neither Orchidya nor any Partner shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service. In the event that Orchidya or our Partners are found to be liable to you, our total aggregate liability is limited to the purchase price of the order for which you have paid. This does not include or limit in any way Orchidya or any Partners liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.

To the extent permitted by law, Orchidya provides our service and content on an “as-is” and “as available” basis and we make no representation or warranty of any kind express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. Subject as provided below neither Orchidya nor any Partner shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service. In the event that Orchidya or our Partners are found to be liable to you, our total aggregate liability is limited to the purchase price of the order for which you have paid. This does not include or limit in any way Orchidya or any Partners liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.

Events Outside of Our Control

No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: force majeure, an act of God, governmental acts, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing within this clause shall excuse the Client from any payment obligations under this Agreement

Waiver

Neither the Client nor Orchidya shall be responsible to others for any delay or non-performance under this agreement arising from any cause beyond its control including, without imitation, any of the following: Force majeure, governmental act, war, fire, floor, explosion or civil commotion.

Severability

If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions halal not be prejudiced.

Customer and Recipient Personal Information


To ensure that we can communicate effectively with both customers and recipients, it is very important that you provide accurate personal information.  Please remember that we value your privacy and will never lease, rent or sell your private information.  For more information, please see our privacy policy.
At the checkout, we ask for the following personal information:

– Customer email address – we use this information in the event that we need to make contact regarding any details of your order.
– Customer full name and address – we use this information for credit card validation and for direct mailing (if you have agreed to receipt of these mailings).
– Customer telephone number / mobile number – we use this information to contact customers in the event of problems with the order such as payment failures or delivery problems and for SMS updates where you have given your express consent.
– Recipient full name and address – we use this information in order to be able to deliver the flowers you have ordered. It is vital that the recipient’s address is accurate and includes a full postcode.  When relevant please include flat numbers, office suit numbers, floor numbers, or similar information required for smooth delivery services.
– Recipient telephone number – we use this information to contact the recipient in the event of a difficulty in delivering your order. We will not contact the recipient under any other circumstances.

Entire Agreement

These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.

Law and Jurisdiction

The English courts will have jurisdiction over any claim arising from, or related to, any use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

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