Partner Article

Online rights for the purchasing and sending of flowers



Every year, people throughout the country buy and send flowers for Mother’s Day, Valentine’s and Weddings for instance. But as convenient as ordering online is, what rights do online buyers have and what are the pitfalls?

Naveen Aricatt, UK legal expert at Trusted Shops, answers the most important questions:

What are my rights if the flowers are delivered too late?

Naveen Aricatt: If delivery has been explicitly agreed for a specified date, such as Mother’s Day but delivery is not made on this date, the customer may withdraw from the contract. They are not obligated to accept or pay for the flowers. The contract is then to be treated as if it was not made and the retailer needs to reimburse the consumer.

I ordered roses, but got tulips instead. Do I have to accept them?

Naveen Aricatt: No, you will not have to accept tulips instead of roses. In this case the normal warranty claim applies. The florist still has to deliver the roses. If they deliver the wrong flowers on the morning of the specified date, they still have enough time to deliver the ordered roses. A retailer could send you a substitute item if this was agreed in the contract. Were this the case, you would have to accept the tulips instead of the roses.

What happens if I’m not there when the flowers are delivered? Is the deliverer obligated to make a second attempt?

Naveen Aricatt: Provided the service was offered seriously to the customer, meaning the deliverer tried to deliver the flowers at a “normal” time, they are not obligated to make a second attempt. If the flowers are then delivered to a branch and can only be picked up the next working day, this is the responsibility of the consumer.

Are the delivery dates binding?

Naveen Aricatt: Explicit delivery dates are always binding. This applies in particular for Mother’s Day, Valentine’s Day or the date of a wedding, when the customer is very much interested in having the flowers delivered on time, especially if the florist advertises delivery on that day.

Is there a right to cancel for flowers?

Naveen Aricatt: There is usually no right to cancel for cut flowers as these fall under the “contracts for the delivery of perishable goods” exemption. This does not include potted flowers such as orchids. For these, the normal right to cancel applies.

This was posted in Bdaily's Members' News section by Trusted Shops .