Terms & Conditions

These are the terms and conditions governing use of the Ann Fitzpatrick Florist website and the agreement that operates between Ann Fitzpatrick Florist and you. These Terms set out the rights and obligations of all users and those of Ann Fitzpatrick Florist in relation to the services offered by us through our website. By using or registering with the website you are consenting to be bound by these Terms. If you do not agree to all of the Terms, do not use this website. If you have any questions about our Terms, please e-mail us at ann@annfitzpatrick.ie 

1. Use of the Ann Fitzpatrick Florist
Ann Fitzpatrick Florist is operated and maintained by Ann Fitzpatrick Florist. All goods and services made available through our site are provided by Ann Fitzpatrick Florist. By purchasing goods or services from Ann Fitzpatrick Florist you are entering into a contract with Ann Fitzpatrick Florist. Registration is not required, but by placing an order you agree to be bound by these Terms. 

2. Amendments 
We may update these Terms from time to time and any changes will be notified to you via the e-mail address provided by you when you placed your order or via a suitable announcement on the our website. The changes will apply to the use of the website from the time stipulated. If you do not wish to accept the new Terms you should not continue to use the website. If you continue to use the website after the date on which the change(s) comes into effect, your use of Ann Fitzpatrick Florist website indicates your agreement to be bound by the new revised Terms.

3. Prices 
The prices payable for the goods or services that you order from Ann Fitzpatrick Florist are clearly set out on the Ann Fitzpatrick Florist website. 
The information and detail on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of the goods/services between Ann Fitzpatrick Florist and you shall exist until your order has been accepted by Ann Fitzpatrick Florist (whether or not funds have been deducted from your credit/debit card). If your offer is refused and funds have already been deducted these will be fully refunded. Having placed an order, you will receive an acknowledgement of the details of the order, but this acknowledgement does not constitute an acceptance by Ann Fitzpatrick Florist of that order. If Ann Fitzpatrick Florist discovers an error in the price of goods/services you have ordered, Ann Fitzpatrick Florist will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If Ann Fitzpatrick Florist is unable to contact you, the order will be treated as cancelled and if you have already paid for the goods/services you will receive a full refund. 

All prices are expressed inclusive of any VAT payable unless otherwise stated.

4. Availability & Satisfaction
If for any reason beyond Ann Fitzpatrick Florist reasonable control, it is unable to supply the goods/services ordered, Ann Fitzpatrick Florist will notify you as soon as possible in order to allow you to change the order. In the event of supply difficulties, Ann Fitzpatrick Florist reserves the right to substitute goods or packaging of equal or greater value.

Ann Fitzpatrick Florist off a no quibble money back guarantee, if the person who receives our product is not fully satisfied the we will make a full refund provided we are contacted by close of business the day after delivery is made by sending an email to ann@annfitzpatrick.ie or by phoning the shop on (+353 52 61 23255)

5. Acceptance 

There will be no contract of any kind between you and Ann Fitzpatrick Florist unless and until Ann Fitzpatrick Florist actually dispatches the goods to you. Your order is an offer to buy from Ann Fitzpatrick Florist. Nothing that Ann Fitzpatrick Florist does or says will amount to any acceptance of that offer until Ann Fitzpatrick Florist dispatches the goods to you. At any point up until then, Ann Fitzpatrick Florist may decline to supply the goods/services to you without giving any reason. At the moment that the goods are dispatched (and not before), a contract will be made between you and Ann Fitzpatrick Florist, (whether or not funds have previously been deducted from your account. If your offer is refused and funds have already been deducted or obtained from you, these funds will be fully refunded.

6. Delivery
You will be requested to nominate a delivery date at the time of placing your order. We will confirm the Delivery Date when we send you an email acknowledging your order. Delivery will be made to the address specified by you on the completed order form"

Same day delivery is available in Clonmel only and orders need to placed by 2.30pm that day.

We currently do not deliver or take orders on Sundays except on Mother’s Day  and where St Valentine’s day falls on a Sunday, however as these are busy times the number of delivery slots available is limited so they will be allocated on a first come first served basis. Where an order cannot be delivered on either of these 2 Sundays then it will be delivered on the prior Saturday.

If there is no one at the address when the delivery is attempted the flowers may be left at a neighbours address or retained by the driver. The driver will leave notification of attempted delivery and it is then the recipient's responsibility to contact the shop to arrange delivery or collection. We will make every effort to deliver your goods on the Delivery Date, however, we will not be liable if we fail to do so due to circumstances beyond our control.

7. Cancellation
You can cancel your order up to 48hrs prior to Delivery Date by sending an email to ann@annfitzpatrick.ie or by phoning the shop on (+353 52 61 23255)

Where you cancel your order we will refund payment to your credit card/debit card within 10 days of your cancellation.

8. Intellectual property 
The content of the Ann Fitzpatrick Florist website is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of Ann Fitzpatrick Florist on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on Ann Fitzpatrick Florist. No licence is granted to you in these Terms and Conditions to use any trade mark of Ann Fitzpatrick Florist.

9. Registration
Each Registration is for a single user only. Ann Fitzpatrick Florist does not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued to you rests with you. 
Ann Fitzpatrick Florist may suspend or cancel your registration immediately at its reasonable discretion or if you breach any of your obligations under these Terms. You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Ann Fitzpatrick Florist website.
The suspension or cancellation of your registration and your right to use the Ann Fitzpatrick Florist website shall not affect either party's rights or liabilities. 
The paragraphs relating to Intellectual Property, Liability and the Disclaimer shall all survive cancellation of your registration.

10. Availability of the Ann Fitzpatrick Florist website 
Although Ann Fitzpatrick Florist aim to offer you the best service possible, Ann Fitzpatrick Florist don’t make any promise that Ann Fitzpatrick Florist will be fault free and available at all times. If a fault occurs in the service you should report by sending an email to ann@annfitzpatrick.ie or by phoning the shop on (+353 52 61 23255) and we will attempt to correct the fault as soon as reasonably possible. 
Your access to Ann Fitzpatrick Florist may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Ann Fitzpatrick Florist will attempt to restore the service as soon as it reasonably can.

11. Disclaimer 
The terms and information contained on the website may change from time to time without notice and therefore each time you place an order you should check the terms and any relevant information for yourself. Due to the open nature of the website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from the website unless otherwise expressly set out on the website. 
All materials posted on the website are provided "as is" and without warranties express, implied or otherwise howsoever arising. In the website we might include links to other websites or material which are beyond our control. We are not responsible for content on the internet or world wide web pages third party websites or any other website outside the Ann Fitzpatrick Florist website. 
To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all warranties including without limitation any warranty of merchantability or fitness for a particular purpose.

12. Liability 
Nothing in these terms shall limit our liability for death or personal injury resulting from our negligence, or for fraud. 
Non Consumers 
Our aggregate liability in respect of any loss or damage suffered by you and arising out of or in connection with subject of these terms, whether in contract, tort (including negligence) or otherwise, in respect of any order, is 125% of the value of that order.
We shall not be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for: 
(a) any economic losses (including loss of revenues, profits, contracts, business, data, data use or anticipated savings); or 
(b) any loss of goodwill or reputation; or
(c) any special or indirect or consequential losses;
in any case, whether or not such losses were within the contemplation of the parties at the date we accept your booking or were suffered or incurred by you arising out of or in connection with the use of or access to any materials or services provided on or via this website or any failure of performance, error, omission, interruption, defect, delay in transmission, computer virus or telecommunications failure or any other matter. 
To the fullest extent permitted by applicable law, you agree that we will not be liable to you/or any third party for any consequential or economic loss or damages nor for your loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data or any other indirect, special or punitive loss or damages whatsoever that arise out of or are related to your order or the Ann Fitzpatrick Florist website. In particular we will not be liable under this contract for any loss or damage caused whether or not by us or our employees or agents, in circumstances where:- 
(a) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
(b) such loss or damage is not a reasonably foreseeable result of any such breach; 
(c) any increase in loss or damage resulting from breach by you of any term of this contract; 
(d) the losses are business losses, and/or losses to non-consumers.

13. Data protection
We take your privacy seriously. As such all personal information collected via the Ann Fitzpatrick Florist website will be kept confidential and will not be disclosed to any third party.

14. Law and jurisdiction
These Terms will be governed by and construed in accordance with the laws of Ireland and any disputes will be decided only by the Irish courts.

15. General

You agree not to upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. 
If you breach these Terms and Ann Fitzpatrick Florist ignores this, Ann Fitzpatrick Florist will still be entitled to use their rights and remedies at a later date or in any other situation where you breach the Terms and Conditions. 
Neither Ann Fitzpatrick Florist shall be responsible for any breach of these Terms caused by circumstances beyond our control.

16. Customer care
If you have any queries relating to Ann Fitzpatrick Florist, please contact us sending an email to ann@annfitzpatrick.ie or by phoning the shop on (+353 52 61 23255)