Terms & Conditions

Last updated November 2023.

Our website, www.simpsonsflorist.co.uk, is a website operated by Simpson’s Florist Limited (“we” or “us”). We are registered in Scotland under company number SC670231 and have our registered office at 23 West Preston Street, Edinburgh, EH8 9PZ.
Our VAT number is 356032712.

By using our website, or by making a purchase of goods on the shop on our website, you confirm that you accept these terms and conditions and that you agree to comply with them. If you don’t agree to these terms and conditions, you shouldn’t use our website or make a purchase from us.

Our shop terms and conditions
If making a purchase from our shop, this section of these terms and conditions apply to you.
Pricing and availability
The images we provide of the goods and the packaging on our website are for illustrative purposes only, and these will change from time to time. We make every effort to display the colours accurately but we can’t guarantee that a device’s display of the colours will reflect the actual goods. Your goods may therefore vary slightly from those images you’ve seen online.
We strive to provide the freshest and highest quality flowers and plants for our customers. However, due to the natural and seasonal nature of flowers and plants, there may be times where variety, the shade or size of the flowers or plants may vary from the images shown on our website. In the event that a particular flower is not available, we reserve the right to substitute it with a similar flower of equal or greater value, without prior notice to you. Rest assured that we will always do our best to ensure that the overall style, colour scheme, and aesthetic of the arrangements are maintained to the best of our ability.
We use our reasonable efforts to ensure the prices on our website are right. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price won’t affect any order you’ve already placed.
We check the prices before we accept your order. In the unlikely event that we’ve shown incorrect pricing information, we’ll email you to you to inform you of the mistake. If the correct price is lower than that shown when you made your order, we will charge you the lower amount and continue processing your order. If the correct price is higher, we’ll give you the option to purchase the goods at the correct price or to cancel your order (or the affected part of it). We won’t proceed with processing your order in this case until you respond. If we don’t receive a response from you within 14 days, we’ll treat your order as cancelled and will notify you of this by email.
If the price of the goods you’ve ordered changes between your order being placed and us processing your order and taking payment, you’ll be charged the price shown on the website at the time of placing your order.
Prices on our website are shown inclusive of VAT. If the VAT rate changes between your order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
The cost of delivery isn’t included in the price of goods displayed on our website. Delivery options and related charges will be presented to you as part of the order process.
As flowers and plants are considered perishable items under consumer legislation, you are not entitled to a cooling off period for your purchase of our flowers or plants. This means that you’re not entitled to change your mind and ask for a refund.
The legal contract
No part of our website forms a contractual offer capable of acceptance. Your order of our goods forms a contractual offer that we can, at our sole discretion, accept or reject. If you acknowledge receipt of your order, that doesn’t necessarily mean we’ve accepted it. Our acceptance of your order is shown when we send you the order confirmation by email. Only once we’ve sent you an order confirmation will there be a legally binding contract between us and you.
You should make sure that all the details you provide as part of the order process are complete and correct, particularly with regards to the delivery address, as we’re not liable if you make a mistake and give the wrong address. This means that if we deliver to the address you gave us, but the address is incorrect, we will not deliver goods to the correct address. Your option is then to make another order to the correct address.
Payments
You must pay for the goods in advance via our website and you’ll be prompted to pay during the order process. The store on our website is run by Woocommerce (who uses Stripe to process payments). You should read Woocommerce’s and Stripes terms and conditions and privacy policies before making a payment on our website. We accept all major credit or debit cards.
Dispatch and delivery
You have three options for delivery: we can hand deliver them to you, we can send by courier, or you can collect from our shop.
Delivery is by hand within postcode areas EH1 – EH26. Outside these postcodes delivery will be by courier. This means that the delivery date cannot be guaranteed as delays may occur within the postal system. Please note that we make deliveries between 8am and 7pm. We always do our best to accommodate any requests with regards to delivery times however this cannot be guaranteed and deliveries may take place any time between 8am and 7pm.
If you choose for delivery by courier, your order will normally be dispatched the day before your chosen delivery date, so that it arrives on your chosen delivery date. It’s important that you understand and accept that delivery dates are controlled by the courier and so we cannot make any guarantees that the delivery will be made by the courier on your chosen delivery date. As such, time of delivery is not of the essence. We will, however, use our reasonable efforts to keep you updated of any delays in delivery we are made aware of by the courier.
If you choose local pickup, you will need to collect the goods from our shop at 23 West Preston Street, Edinburgh, EH8 9PZ between 10am and 4.30pm on the day you have selected.
We promise that, unless something drastic happens that means we’re not able to, we’ll deliver the goods on your chosen delivery date.
Please also refer to the ‘force majeure’ section of these shop terms and conditions below, as this sets out what happens if an event outside our control affects dispatch or delivery.
Ownership and risk
You will own the goods once we have accepted your order and you have made payment of the cost of the goods and the delivery charges (if applicable). The risk of the goods will pass to you once they are in your physical possession (including where you have collected from our shop), in the physical possession of the intended recipient, in the possession of someone else that you nominate (such as a neighbour), or left in a designated place, such as a porch. To ensure that we’re able to deliver the goods on your chosen delivery date, we may decide to leave the goods in a safe place or with one of your neighbours (and if so it is your responsibility to collect the goods). If you would prefer we not do this, you need to let us know when you place your order. However, if you request that we don’t deliver to a neighbour or leave in a safe place, that may mean that we cannot deliver on the day you have requested. You will incur an additional delivery charge for each time we attempt delivery, such charge to be paid before we would attempt redelivery.
If you or your recipient refuses delivery of the goods completely, you are not entitled to a refund. If the goods have to be delivered on a different date, then you will receive the original goods once you have paid for a further delivery. Therefore, delays between refused delivery and actual delivery reduces the lifespan of your goods and we will not be liable for this. Please therefore make sure that you are or your recipient is available to take delivery on the delivery date.
Problems with the goods
We promise that the goods will be free from defects, of satisfactory quality and fit for purpose. However, if there is a problem and the goods you’ve purchased they don’t comply with this, please contact us as soon possible by calling 0131 668 3773 or emailing hello@simpsonsflorist.co.uk. You should provide us with photos of the condition of the goods. Where we have delivered the goods to you, this should be within 24 hours of delivery since flowers and plants are perishable.
We will then consider whether a refund is appropriate. Please note that refunds or replacements shall not be available where we deem that you or the recipient have failed to care for the flowers or plants in accordance with our care instructions provided with the flowers or plants.
Where you have collected the goods from our shop, you should inspect them before leaving our shop. If you consider the goods to be defective, you must let us know as soon as possible and allow us a reasonable opportunity to resolve any such defect. Failure by you to notify us of any defect in the goods on the day of collection will be deemed an acceptance by you of the goods and you will be prevented from seeking redress from us for any defect in the goods.
As you will no doubt be aware, flowers and plants are perishable and so we can’t make any guarantees to you, express or implied, about how long the flowers or plants will live, as this is dependent on a number of factors, including but not limited to the ambient temperature of your home, sunlight, and water temperature.

Limitation of liability
We won’t be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and us.
Our total liability to you for all other losses arising out of or in connection with the contract for sale between you and us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to directly foreseeable loss. Our total liability to you for all other losses arising out of or in connection with your use of our website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to directly foreseeable loss if you are a consumer, or the price paid for the goods if you are a business customer.
Except to the extent expressly set out in this section, the terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
Nothing in these terms and conditions seeks to limit or exclude our liability for: (i) death or personal injury caused by our negligence (including that of our employees, agents or subcontractors); (ii) fraud or fraudulent misrepresentation; (iii) breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; (iv) defective products under the Consumer Protection Act 1987; or (v) any other matter in respect of which liability cannot be excluded or restricted by law.
Force majeure
We will not be liable to you for any failure or delay in performing our obligations under these shop terms and conditions where our failure or delay is due to a cause beyond our reasonable control (“force majeure event”). Such force majeure events include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic or other natural disaster, or any other event that is beyond our reasonable control.
If a force majeure event is likely to adversely affect our performance of any of our obligations under these shop terms and conditions:
● we will inform you as soon as is reasonably possible;
● we will take reasonable steps to minimise the delay;
● to the extent that we can’t minimise the delay, our affected obligations under these shop terms and conditions will be suspended and any time limits that we’re bound by will be extended accordingly;
● we will inform you when the force majeure event is over and provide details of the availability of the goods; and
● if the force majeure event continues for more than 7 days, we will cancel your order and the legal contract with you and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the legal contract is cancelled and will be made using the same payment method that you used when you ordered the goods.
What next?
You should now also read the ‘our website terms of use’ and ‘general legal terms’ sections of these terms and conditions.

Our website terms of use
Suspending or withdrawing our website
Our website is made available free of charge.
We don’t guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these website terms of use and other applicable terms and conditions, and that they comply with them.
Privacy of accounts
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these website terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@simpsonsflorist.co.uk
Intellectual property rights
We’re the owner or the licensee of all intellectual property rights in our website, including without limitation the photos, designs, layout, text, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any pages from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged (except where the content is user-generated).
You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy, download, share or repost any part of our website in breach of these website terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No text or data mining, or web scraping
You must not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our website or any services provided via, or in relation to, our website. This includes using (or permitting, authorising or attempting the use of):
● Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the website or any data, content, information or services accessed via the same.
● Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but isn’t limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Reliance
The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.
Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.
Third party links
Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links shouldn’t be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those website or resources.
Limitation of liability
Whether you are a consumer or a business user:
We don’t exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our website or any content on it.
We won’t be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
● use of, or inability to use, our website; or
● use of or reliance on any content displayed on our website.
In particular, we won’t be liable for:
● loss of profits, sales, business, or revenue;
● business interruption;
● loss of anticipated savings;
● loss of business opportunity, goodwill or reputation; or
● any indirect or consequential loss or damage.
If you are a consumer user:
Please note that we only provide our website for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Our liability to you is capped at directly foreseeable loss.
Computer misuse
We don’t guarantee that our website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
Links to our website
You may link to our home page, provided you do so in a way that is fair and legal and doesn’t damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our website in any website that isn’t owned by you.
Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our website other than that set out above, please contact hello@simpsonsflorist.co.uk.
What next?
You should now also read the ‘general legal terms’ sections of these terms and conditions.

General legal terms
Changes to these terms and conditions or website
We amend these terms and conditions from time to time. Every time you wish to use our website, or you wish to make a purchase on our website, please check these terms and conditions to ensure you understand the terms and conditions that apply at that time.
We may update and change our website from time to time.
Transferring these terms and conditions
We may transfer our rights and obligations under these terms and conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer won’t affect your rights under these terms and conditions of use.
Data protection
For information on how we collect and use your personal data, please read our privacy and cookies policy, available at https://simpsonsflorist.co.uk/privacy-policy/.
General
Notices. Any notices to be served on each other must be sent by email and the time of delivery will be the time of transmission. Please send any notices to us by email to hello@simpsonsflorist.co.uk and we will use the email you gave us. If your contact details change, please let us know. This doesn’t apply to the service of legal proceedings, which can’t be emailed.
Entire agreement. These terms and conditions represent the entire understanding and agreement between you and us with regards to the subject matter and formation of these terms and conditions, and replaces all other negotiations, understandings, and representations, if any, made by and between you and us. No representation, inducement, promise or agreement, oral or otherwise, if any, not contained in these terms or any other agreement related to these terms and conditions and expressly references herein is of any force and effect.
No delay. Delay in exercising a right under these terms won’t take away that right or any other right.
Third parties. No one other than you and we have any right to enforce any terms of these terms and conditions and the Contracts (Third Party Rights) (Scotland) Act 2017 don’t apply to these terms and conditions.
Severability. If any provision or part-provision of these terms and conditions is or becomes invalid, illegal, or unenforceable, it will be deemed amended to the minimum extent needed to make it valid, legal, and enforceable. If such amendment isn’t possible, the relevant provision or part-provision will be deemed deleted. Any such amendment or deletion won’t affect the validity and enforceability of the rest of these terms and conditions.
Governing law and jurisdiction. These terms and conditions, and any non-contractual obligations arising hereunder, are governed by the laws of Scotland The courts of Scotland have exclusive jurisdiction over any matter and proceedings arising out of these terms and conditions.
Contacting us
If you need to contact us, you can reach us at:
hello@simpsonsflorist.co.uk
0131 668 3773