Terms & Conditions
These terms and conditions (the "Terms and Conditions") are the terms and conditions upon which Jane Packer Inc ("we/us") makes this website (the "Jane Packer Website") available to you and on which we provide our services for delivery of flowers and other associated products ("Services"). You can access our Services via the Jane Packer Website or by telephone. These Terms and Conditions do not apply to Jane Packer stores or schools.
ATTENTION: This legal notice applies to the entire contents of this website and to any correspondence between us and you. Please read these terms carefully before using this website. Using this website indicates that you accept these terms regardless whether or not you choose to purchase from us.
1. The Seller
1.1 Welcome to the Jane Packer Delivered Website. This site is owned and operated by Jane Packer Inc. 328 E59th Street, New York City, New York, 10022
1.2 If you want to ask us anything about these terms and conditions or have any comments or complaints on or about our website, please email us at flowerstore@janepacker.com or call us on 212 754 1731
2. Order Processing and Payment
2.1 Payment may be made by any of the methods indicated on the payment page of the Jane Packer Website and will be debited when you submit your order. When you submit your order by clicking on the ['Proceed To Payment’] button, you are consenting to be bound by our terms and conditions contained in these Terms and Conditions and appearing elsewhere on the Jane Packer Website.
2.2 For your order to be processed and delivered on the required date, you must supply us with all the relevant details requested, including full delivery details, zip code and telephone number. Your order will only be processed if full payment details are given.
2.3 Your order will be acknowledged via e-mail confirming your details, if you enter a correct e-mail address. You will be issued an order reference number for any future correspondence. All costs will be charged at the cost on the date on which you place your order.
2.4 We will not consider ourselves bound by a contract with you until we have issued an email acknowledging your order.
3. Jane Packer Products
3.1 All products are subject to availability, and acceptance of your orders. We reserve the right to change all or some of the contents or packaging with an item of equal or greater value without notice. 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 call our customer helpline at the number given above if you wish to enquire about the safety of contents before ordering.
4. Prices
4.1 Prices as stated as part of the Services are valid for acceptance for a maximum of 14 days from the date we receive your order.4.2 Prices stated as part of the Services exclude delivery and state and/or city taxes, except as provided otherwise in these Terms and Conditions.
5. Delivery
5.1 We deliver to most addresses in the Manhattan area. Next-day delivery is guaranteed only for bouquets for which we have received your order before 3pm. All deliveries will be despatched from Monday to Saturday.
5.2 A signature will be required for courier delivery.
5.3 Should the recipient be away at the time of delivery, a card will be left stating attempted delivery was made. The courier may at their own discretion, leave with a neighbour or other safe place, however the recipient may have to collect the package from our NYC Store or arrange for re-delivery.
5.4 Flowers sent to hospitals, military bases and business addresses will be delivered to a main reception or mailing room prior to internal distribution. We recommend that flowers sent to these locations be requested for delivery on a weekday and not on a Saturday. Deliveries cannot be made to PO Box addresses.
5.5 Please ensure that you enter full and accurate details, including the address and the zip code, of the recipient. We will not be responsible for any orders which are not delivered due to incorrect or incomplete information being supplied by you.
5.6 Please note that we only deliver within the Manhattan area.
5.7 We will endeavour to deliver on the date that you specified in your order from Monday to Saturday 9am to 6pm.
5.8 Purchases of gifts containing alcohol may only be made and received by persons of 21 years or over. We reserve the right to refuse any sale at our discretion.
5.9 Except on special dates, our delivery service is NOT available on Sundays or public holidays. Where orders have been placed for delivery on any of these dates and we are unable to contact you in time, we will deliver, where possible, the flowers the day before or the day after that date requested.
5.10 All deliveries made to hospitals must include the ward name and or number in the relevant address field. Any order omitting these details may not be accepted for delivery by the hospital.
6. Force Majeure
6.1 Neither we, nor any courier service that we use shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control including but not limited to any fire, flood, explosion, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, government act, act of war, terrorism, act of God, or from any industrial dispute or strike whatsoever.
7. Cancellation
7.1 Only order amendments or cancellations which are given at least 1 working day before the intended delivery date may be accepted. Orders placed or cancelled on Saturdays, Sundays or Bank Holidays will be treated as having been received on the following working day.
To cancel orders, please call 212 754 1731.
7.2 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.
8. Personal messages
8.1 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.
8.2 You are entirely responsible for any text or other material which you post or send on this message system and Jane Packer Inc 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.
9. Customer Services
9.1 Because of their perishable nature, flowers are non-returnable. This does not affect your statutory rights. If you are not completely satisfied with your bouquet please call our customer service helpline on 212 754 1731 from 9am to 5pm, Monday to Friday, quoting your order reference number or email flowerstore@janepacker.com.
9.2 In order for us to resolve any complaints quickly and to our mutual satisfaction, we advise you to make any complaint within 1 day of the date of delivery or intended delivery of your purchase.
10. Disclaimer
10.1 Whilst we agree to use our reasonable endeavours to ensure that the Jane Packer 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 Jane Packer 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 Jane Packer Website and/or the Jane Packer Service impossible or impractical.
10.2 We accept liability for death or personal injury arising from our negligence and for all liability arising from any fraudulent representation we may make.
10.3 Subject to clause 10.2, our liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your order placed with us or in connection with the Services in any way shall be limited to a multiple of 2 times the price you have paid for the relevant Jane Packer Products.
10.4 Subject to clauses 10.2 and 10.3 above we exclude all liability for any claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly out of or in any way connected with your use or inability to access the Jane Packer Website and/or the Services, whether arising in contract, tort (including negligence), under statute or otherwise PROVIDED THAT nothing contained in these Terms and Conditions affects or will affect your or the recipient's statutory rights in relation to the quality, fitness or description of the Jane Packer Products supplied.
11. Warranties and Disclaimers
11.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy or completeness of the material on this Website. We may make changes to the material on this Website or to any services or prices described in it, at any time without notice. The material on this Website may be out of date, and we do not make any commitment to update this material.
11.2 The content, information and material on this Website is provided "as is" without any conditions, warranties or other terms of any kind.
12. Intellectual Property and Content
12.1 The copyright and other intellectual property rights in all content and material on this Website (including without limitation the name "JANE PACKER", photographs, logos, trade marks and graphical images) are owned by Jane Packer Ltd, unless otherwise stated or indicated. All rights which are not expressly granted in these Terms and Conditions are reserved.
12.2 You may print and download extracts from this Website solely for your own personal use on the following basis:-
12.2.1 no documents or related graphics on this Website are modified in any way
12.2.2 no graphics on this Website are used separately from the accompanying text
12.2.3 our copyright and trade mark notices and this permission notice appear in all copies.
12.3 Except as stated in Clause 12.2 above, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
12.4 Use of any extracts from this Website except in accordance with the above permissions is prohibited. Without prejudice to the general statements made above, you are not in any event permitted to
12.4.1 publish, distribute or otherwise reproduce in any format any of the content or copies of the content of this Website
12.4.2 use any content from this Website in connection with any business or commercial enterprise including, without limitation, any media business or enterprise.
12.4.3 modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software or any documentation accompanying such software or other content available on or through this Website
12.5 If you breach any of these Terms and Conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
13. Visitor Material and Conduct
13.1 Other than personally identifiable information which is covered under the Privacy Policy (see below) any material you transmit or post to this Website or supply to us in relation to the Website will be considered non-confidential and non-proprietary. We will have no obligations in relation to such material. We (and our designees) will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied in any such material for any and all commercial or non-commercial purposes, and you confirm that you have all necessary rights and licences to enable us to do so.
13.2 You are prohibited from posting or transmitting to or from this Website any material or doing anything in connection with your use of this Website:
13.2.1 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world;
13.2.2 that is in any way threatening, defamatory, offensive or obscene, indecent, seditious, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, copyright, privacy or any other rights or which may cause annoyance or inconvenience;
13.2.3 for which you have not obtained all necessary licences and/or approvals;
13.2.4 which is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, malware or other malicious software or harmful data);
13.2.5 which involves misusing the Website (including without limitation by hacking) or which attempts to affect the performance or functionality of any computer facilities of or accessed through the Website.
13.2.6 which involves sending any unsolicited advertising or other promotional material, commonly referred to as "Spam".
13.3 We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Terms and Conditions.
13.4 You shall fully indemnify Jane Packer Inc and its suppliers, officers, directors, employees, shareholders and agents for any loss or damage suffered as a result of breach of your obligations in this Clause 14.
14.Links to and from other websites
14.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control, and are not responsible for these websites or their content or availability. We do not therefore endorse or make any representations about these websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website you do so entirely at your own risk.
14.2
If you would like to create a link to this Website, please contact us first at flowerstore@janepacker.com to request permission. Any links to this Website may only be on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:-
14.2.1 you do not remove, distort or otherwise alter the size or appearance of our trading names and logos;
14.2.2 you do not create a frame or any other browser or border environment around this Website;
14.2.3 you do not in any way imply that we are endorsing any products or services other than our own;
14.2.4 you do not misrepresent your relationship with Jane Packer, nor present any other false information about us;
14.2.5 you do not otherwise use any trade marks and trading names displayed on this Website, including JANE PACKER, without our express prior written permission;
14.2.6 you do not link from a website that is not owned by you;
14.2.7 your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
14.3 We expressly reserve the right to revoke any right which we grant to link to the Website at any time for breach of any of these Terms and Conditions, and to take any action that we deem appropriate.
14.4 You shall fully indemnify Jane Packer Inc, its suppliers, our officers, directors, employees, shareholders and agents for any loss or damage suffered as a result of breach of your obligations in this Clause 14.
15 General
15.1 Jane Packer Inc has taken every care in the preparation of the content of this website, in particular prices and product description. However, owing to variations in computer monitors, and the reproduction process, packaging may vary from that shown, as may the colours of our products and flowers.
15.2 Any typographical, clerical or other error or omission in the Website or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
15.3 We will make every effort to deliver your order as requested. However we will not be held liable if we fail due to circumstances beyond our control. Any order that you place will only be processed if full payment details are given and accepted. If for any reason we are unable to supply flowers or bouquets as advertised we will notify you, except that we reserve the right to substitute goods or packaging of equal or greater value in the event of such supply difficulties.
15.4 Jane Packer Inc. shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained on this website.
15.5 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Jane Packer Website and/or the Jane Packer Service from time to time. We will post any changes on the Jane Packer Website and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Jane Packer Service or Jane Packer Website. Changes will be effective immediately after the posting of such change.
15.6 Additionally, we reserve the right to suspend, restrict or terminate access to the Jane Packer Website and/or the Jane Packer Services for any reason at any time.
15.7 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Jane Packer Website, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15.8 We shall ensure that we comply with the requirement of all current data protection legislation including, without limitation all Data Protection law, We shall only use personal data received from you for the purpose of fulfilling our obligations under these Terms and Conditions and as stated in our Privacy Policy.
15.9 A person who is not a party to the agreement between you and us has no rights under the Contract of Third Parties Law to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists apart from that law.
15.10 Save in respect of fraudulent misrepresentation, this agreement (including any documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets forth the entire agreement and understanding between you and us relating to the subject matter hereof.
15.11 Your purchase will be deemed to have occurred in the United Kingdom. These Terms and Conditions shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English courts.
THESE TERMS AND CONDITIONS DO NOT IN ANY WAY AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.