This website is operated by Tubes Floral Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Tubes Floral. Tubes Floral offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on WordPress WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1.1 “Tubes Floral” means Tubes Floral (UK) Limited, company number 12461476 registered in England and Wales also referred to as “we” or “us” in these Terms of Service.
1.2 “Force Majeure” means any clause affecting the performance by Tubes Floral of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
1.3 “Consumer Regulations” means the Consumer Rights Act 2015.
2 ONLINE STORE TERMS
2.1 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
2.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
3.1 For bespoke wedding party florals, a non-refundable £50 deposit is taken to secure services for specified wedding date.
3.2 All flowers will be delivered to you in prime condition in water or suitable packaging for maximum shelf life. It is the responsibility of the receiver/venue to make sure the flowers are kept in optimum conditions according to the florist’s instructions.
3.3 Pinning of boutonnieres/corsages on garments are done at the wearers own risk. Tubes Floral cannot be responsible for any snagging, staining or tearing to delicate materials by any pins or fastenings we supply.
3.4 Plant material can be harmful if consumed. For young bridesmaids/flower girls/page boys, please make them aware of the dangers of eating any of the elements in their flowers
3.5 Any wedding bookings during a pandemic or under government regulations are subject to being transferred from date to date but NOT transferrable from person to person.
4.1 A 10% offer is valid on your first purchase at tubesfloral.com upon signing up for Tubes Floral newsletters.
4.2 The unique code will be sent via e-mail and is valid for 30 days from the date of sign up.
4.3 No minimum spend applies.
4.4 The offer is valid on all items except Gift Cards and E-Gift Cards.
5.1 All contracts of sale made by Tubes Floral shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party (the Customer) with whomTubes Floral is dealing. Cancellation of orders by consumers can only be accepted in accordance with Consumer Regulations.
5.2 All orders are subject to acceptance and to availability of the goods ordered. Tubes Floral is entitled to refuse any order placed by you.
5.3 You undertake that: (i) all details you provide to us for the purpose of purchasing goods or services offered on our website are correct and (ii) you are authorised to use the credit or debit card you use to make a purchase from us is your own or your company’s card and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us.
5.4 We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
5.5 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
5.6 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
6.1 All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
6.2 Tubes Floral reserves the right to change prices without prior notice.
7 DELIVERY, TITLE AND RISK
7.1 Any time or date stated for delivery is an estimate only. Tubes Floral makes every effort to dispatch goods on time, but does not accept liability for third party failure to deliver within the stated time.
7.2 If Tubes Floral is unable to deliver the goods within 45 days of the date of order, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to Tubes Floral in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to Tubes Floral after the above date, but before delivery of the goods or notification from Tubes Floral that the goods are ready for delivery.
7.3 Tubes Floral does not accept liability for shortages or damage to deliveries unless the Customer notifies Tubes Floral of the shortage or damage in writing within 5 days of receipt of the delivery.
7.4 The Customer has to accept the goods when they are ready for delivery.
7.5 Delivery is deemed to take place when the goods are delivered to the Customer’s nominated address, whereupon the risk of loss, breakage and all damage and all other risks shall pass to the Customer.
7.6 Title in the goods does not pass to the Customer until payment is received in full by Tubes Floral.
7.7 If the customer cannot accept delivery, Tubes Floral may at its (i) store and insure the goods at the Customer’s expense and risk or (ii) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or (iii) re-arrange delivery provided that Tubes Floral may charge the Customer for the additional delivery costs incurred.
8.1 Payment can be made by any major credit or debit card or via Paypal. Payment will be debited and cleared from your account before the dispatch of your good(s) or provision of service to you.
8.2 All credit/debit card holders are subject to validation checks and authorisation by the card issuer and we may share your personal information with such parties as are necessary to enable us to do such checks. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
9.1 Tubes Floral makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications without prior notice.
9.2 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
9.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
9.4 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
10 TRADE MARKS AND TRADE NAMES
Trade names and marks (other than “Tubes Floral” ) are not always indications of the actual manufacturer of a particular product.
11 WARRANTIES AND RETURNS
11.1 Tubes Floral is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases, we offer the returns facilities described below.
11.2 All goods supplied by Tubes Floral are warranted to be generally free from defects in workmanship and materials and fit for the purpose for which such goods would normally be used. If you purchase goods in the course of your business, all other express or implied terms or warranties relating to the goods are excluded to the fullest extent permitted by law. Subject to this, however, goods are not tested or sold as being fit for any particular or for use under specific conditions, unless expressly agreed in writing. All services provided by Tubes Floral will be provided with reasonable skill and care and within a reasonable period. If you purchase services in the course of your business, all other express or implied terms or warranties relating to the services are excluded to the fullest extent permitted by law.
11.3 Subject to the statutory right of consumers to return goods for refund Tubes Floral does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
11.4 In the event that Tubes Floral at its discretion agrees to accept the return for credit of unwanted products, the goods must be returned within the guidelines of the Returns Policy.
11.5 Handmade products and home accessories are made to order and strictly non-refundable.
12 WARRANTY AND LIABILITY
12.1 Tubes Floral shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, (including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships, loss of data and other financial loss. (“Financial loss” in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Tubes Floral’s liability in respect of all other losses shall be limited to the invoiced amount of the relevant order, provided it has been paid.
12.2 Nothing in this agreement shall limit Tubes Floral s liability for death or personal injury caused by its negligence.
12.3 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
12.4 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
12.5 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
12.6 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
12.7 In no case shall Tubes Floral, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
13 FORCE MAJEURE
Where, in spite of its reasonable efforts, Tubes Floral is unable to perform an obligation due to force majeure, it shall not be deemed to be in breach of its contract with the Customer.
14 THE CONSUMER RIGHTS ACT 2015
14.1 Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the Tubes Floral website, or by mail order, are, with the exception of certain excepted contracts, subject to the Consumer Regulations .
14.2 If the Consumer Regulations apply, Customers may cancel goods purchased from Tubes Floral by sending a written notice of cancellation by post or hand delivery addressed to Customer Services at Tubes Floral, Parnell Place, Braintree. CM7 3AE or by e-mail to email@example.com.
14.3 The notice of cancellation must be sent within 14 days of the date of delivery after the goods are received.
14.4 The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Consumer Regulations. If the Customer does not actually return the goods to Tubes Floral the Customer is under a duty to make the goods available for collection at the Customer’s expense from the address to which they were delivered.
14.5 The Customer is under a duty to retain possession of the goods whilst awaiting return to Tubes Floral and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.
15 ERRORS AND OMISSIONS AND ACCURACY OF INFORMATION
15.1 Tubes Floral makes every effort to ensure that all prices and descriptions quoted on its website are correct and accurate. However, minor mistakes may occasionally occur. In the case of a manifest error or omission, Tubes Floral will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer’s order and/or received payment from the Customer. Tubes Floral s liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by Tubes Floral after the manifest error has been discovered.
15.2 We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
15.3 A ‘manifest error’, as the term is used in paragraph 15.1 above, means, in relation to an incorrect price, a price quoted in error by Tubes Floral which is more than 10% less than the price that would have been quoted had the mistake not been made.
15.4 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
15.5 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
15.6 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
16 RIGHTS MANAGEMENT TERMS
16.1We love to see how you style and use your bouquet, wedding party florals, home accessories and dried flower arrangements from Tubes Floral and so do our other customers. We regularly reach out to our customers to request additional rights to use our favourite images on our website, emails and on our social channels. We will credit you by including your social handle or byline. By responding to our request with #TFLove or by tagging your photos with @tubesfloral or #TubesFloral you are agreeing to the following:
a) You give Tubes Floral and its affiliates permission a license to reproduce, display, perform, distribute, and otherwise use your content in connection with this website and for other Tubes Floral marketing purposes, including without limitation email and other customer communications, store materials and other marketing. Our license to your content is non-exclusive, meaning you may use the content for your own purposes or let others use your content for their purposes.
b) Our license to your content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your content.
c) We may exercise our rights anywhere in the world.
d) Our license is perpetual and irrevocable, meaning that our license lasts for an indefinite period of time.
16.2 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
16.3 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
16.4 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
17.1 Nothing in these terms and conditions affects your statutory rights as a consumer
17.2 If any provision in this agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
17.3 Any waiver of a breach of this Agreement must be in writing.
17.4 Any variation of this Agreement must be in writing and signed by a duly authorised Tubes Floral official.
17.5 The headings are for convenience only and shall not affect the interpretation of this Agreement.
17.6 Any notices given under this Agreement shall be in writing and sent: (i) by first class pre-paid post to the last known address of the party; or (ii) by e-mail to the last notified e-mail address of the party.
17.7 The notice shall be deemed served: (i) two working days after posting; or (ii) after system confirmation of e-mail delivery
17.8 These terms and conditions shall be governed by and construed in accordance with the laws of England and wales and the parties submit to the exclusive jurisdiction of the English courts.
17.9 Tubes Floral may, at its discretion, record telephone transactions for staff training and quality control purposes.
17.10 Tubes Floral reserves the right to change or amend these terms and conditions at any time and without prior notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
18 GIFT CARDS
18.1 Tubes Floral Gift Cards and E-Gift Cards valid for two years from the date of issue. Any remaining balance will be cancelled after that time
18.2 Gift Cards and E-Gift Cards cannot be exchanged for cash.
18.3 Gift Cards and E-Gift Cards can be used with one other method of payment (debit / credit card or PayPal), and multiple Gift Cards can be used at the same time as a method of payment.
18.4 Refunds for online purchases made with a Gift Card and returned to the website will be placed back onto a new Gift Card.
18.5 Gift Cards need to be retained until you are fully satisfied with your purchase.
18.6 Tubes Floral is unable to refund lost, stolen or damaged Gift Cards.
18.7 Gift Cards and E-Gift Cards can be used towards the purchase of goods at a higher price than their face value upon payment of the difference.
19 OPTIONAL TOOLS
19.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
19.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
19.3 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
19.4 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
20 THIRD-PARTY LINKS
20.1 Certain content, products and services available via our Service may include materials from third-parties.
20.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
20.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
21 PERSONAL INFORMATION
22 PROHIBITED USE AND INDEMNIFICATION
22. 1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
22. 2 You agree to indemnify, defend and hold harmless Tubes Floral and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
24 ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
25 CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
26 CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.