Terms and Conditions

Before placing an order on this website, you must read, understand and accept these Terms and Conditions. You must consent to the processing of your personal data as described in the Privacy Policy set out at https://www.myflorist.my/privacy-policy/. If you do not agree to be bound by these Terms and Conditions and the Privacy Policy, then you must not access and/or use this website.

In these Terms and Conditions, “we”, “us” and “our” mean My Florist. (trading as “My Florist Enterprise” SSM No. 201212341234), and “you” means you the customer. These Terms and Conditions constitute a contract between us and you. These Terms and Conditions also constitute the sole and entire agreement made between you and us and supersede all previous proposals, negotiations and understandings whether written or oral made between you and us. Any modification, alteration or variation to any part of these Terms and Conditions shall be effective only if we agree to modify, alter or vary it in writing or by e-mail.

We reserve the right to amend, modify, alter, vary, add or remove part of these Terms and Conditions at any time at our sole discretion without prior notice for legal, business or policy reasons. All amendments and changes will be effective immediately upon our posting of such updated Terms and Conditions on this website. You shall be deemed to be aware of and bound by the updated Terms and Conditions upon their publication on this website.

By placing an order on this website, you agree that you have read the following Terms and Conditions and that you accept and agree to be bound by them:

  • Orders made before 3:30 pm on the same day as the payment is processed qualify for same-day delivery.
  • We do not offer fixed-time delivery services. Opting for a preferred delivery time slot signifies that the order will be delivered within the specified timeframe of the selected slot.
  • For delivery to a hospital, specifically to the patient’s ward, it is necessary to provide the patient’s ward number in the shipping information during the checkout process.
  • For delivery to a hotel, particularly if the recipient is a guest at the hotel, it is essential to include the hotel room number in the shipping information during the checkout process.
  • For delivery to a restaurant/cafe, particularly if the recipient is a guest at the restaurant/cafe, it is essential to include the restaurant/cafe reservation information in the shipping information during the checkout process.

1.1    Order/Offer and Acceptance

In these Terms and Conditions, “order” means “one-off order” or “flower subscription”.

To place an order, you must be 18 years of age. If you are under 18 years, then you must obtain consent from your parent(s) or legal guardian(s) before placing an order. If you have not obtained consent from your parent(s) or legal guardian(s), then you must not access and/or use this website.

In order to place an order, we require your name, email address, telephone number, payment details and the details of the order. You do not need to create an account with us, but we will store the details of your order in our systems in order to process the order, and full details of how and where your data is stored can be found in our Privacy Policy set out at https://www.myflorist.my/privacy-policy/. By placing an order, you make an offer to us to purchase the products you have selected pursuant to these Terms and Conditions. We have the sole and absolute discretion to accept or reject your offer for whatsoever reasons.  If we accept your order, we will notify you of our acceptance by sending you an order confirmation email to the email address that you have entered during the checkout process. If you do not receive this order confirmation email, please contact our customer service at email@email.com or WhatsApp (by text) to 60177136838. If we reject your offer, the amount paid by you will be refunded in full.

For avoidance of doubt, any information contained on our website, social media platform, brochures, advertisements or other written materials constitute an invitation to treat.

1.2 Date of delivery of your order

During the checkout process, you will be able to select the delivery date, whether that delivery is part of a one-off order or subscription. You will also be able to select the frequency of recurrence (in the case of a subscription).

1.3 Changes to your order

If you wish to change your order or subscription, please contact our customer service at email@email.com or WhatsApp (by text) to 60177136838. We will endeavour to fulfill your amended order or subscription. The amended order or subscription shall only be limited to change of the delivery address and in relation to card messages. However, this is subject to you notify us in writing (by email or WhatsApp) 3 days before the intended delivery date. At peak period, you shall notify us in writing (by email or WhatsApp) 14 days before the intended delivery date. For avoidance of doubt, “peak period” is defined as 15 days period leading up to and including New Year (1st January), Chinese New Year, Christmas Day, Valentine’s Day, Mother’s Day, 520 Day, Women’s Day, Father’s Day, Chinese Valentine’s Day (Qi Xi), Mooncake Festival and Graduation Season of universities/colleges in Ipoh.

However, we have the sole and absolute discretion not to accept any changes of order.

1.4 Non-cancellation and non-refundable policy of one-off order

Once the order is placed, you are not allowed to cancel or request for refund of the order.

1.5 Cancellation of flower subscription

If you wish to cancel your flower subscription, then you shall notify us in writing by dropping us an email at email@email.com or WhatsApp (by text) to 60177136838 14 days before the first intended delivery date of your subscription plan. In such an event, we will refund you 50% of the total sum paid by you. If you choose to cancel your flower subscription plan (after the first delivery), no refund will be issued. For avoidance of doubt, “first intended delivery date” means the first delivery date of your entire subscription plan.

Payment

2.1    We accept the following forms of payment:

         (a)     debit cards and credit cards (we currently accept Visa and MasterCard only);

         (b)     FPX online banking;

         (c)     eWallet.

2.2    You agree to provide your credit card, debit card or eWallet details when you place the order so that we can complete your transactions and contact you as needed. You further agree to pay all charges at the price then in effect for your order and you authorize us to charge your credit card or debit card issuer for any such amounts upon placing your order.

2.3    In order to safeguard your transactions, all payments are processed securely by Stripe, Billplz and other eWallet payment platform partners.

2.4   All payments must be made in full prior to delivery.

2.5    For all flower subscriptions where it attracts recurring charges, you agree and authorize us to charge your credit card or debit card issuer on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel your flower subscription.

2.6    We reserve the right to correct any errors or mistakes in pricing, even if we have already received payment.

2.7 If you enter your payment details, your card details will be stored securely by Stripe and Billplz so that you can check out on future visits without re-entering your card details.

2.8 We do not store and do not have access to your credit card, debit card or eWallet details. Following which, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you where a credit card, debit card or eWallet is fraudulently used or is used in an unauthorized manner.

Price

3.1 Prices shown are in Ringgit Malaysia and include service tax where applicable. Delivery charges will be charged if applicable; such additional charges will be clearly stated and included in the total amount at the time of the checkout process.

3.2    Prices are valid until amended or removed from our website. Prices are subject to change at any time, but such changes will not affect orders where we have sent you an order confirmation email.

3.3    If we discover an error in the price of your order, we have the sole and absolute discretion to cancel your order. In such an event, we will notify you via verbal or written communication of the cancellation of your order. If you have made payment for your order, the amount paid by you will be refunded in full via the payment method selected by us.

Delivery of Orders

4.1 All delivery services (within or outside the state of Penang) are provided by our flower delivery team or our third party delivery service providers.

4.2    You may inform us of your delivery instruction in writing via email or WhatsApp, however we do not warrant that your delivery instruction will always be met.

4.3 We do not provide fixed time delivery, as all delivery will be made within the time frame of the delivery time slot you select.

Should the intended recipient is not available at the time of delivery, the order will be deposited at the designated parcel area or guardhouse for the recipient’s collection.

If there is no suitable location for depositing the order and re-delivery is necessary, the timing of the re-delivery will be contingent upon our available delivery date, delivery time slots, and an additional fee will be applied. Payment of the additional fee is mandatory before the re-delivery can be scheduled.

We will use our reasonable endeavours to ensure delivery of the order at the delivery date and delivery time slots indicated by you at the time of the checkout process, however we shall not be responsible for any delay in our delivery services, if the delay is due to circumstances beyond our control.

4.4    We cannot and shall not be responsible for delivery failures or delays by our third party delivery service providers.

4.5 In the event of a non-delivery, please contact our Customer Service at email@email.com or WhatsApp (by text) to 012-8819922. We advise you to contact us within 1 day of the scheduled delivery date in order to claim for a refund.

4.6 Flower delivery shall only be to the state of Penang.

4.7 We reserve the right, at our absolute discretion, to use a different delivery method without prior notice to you.

4.8 If you wish to change the delivery address, then you must notify us in writing by dropping us an email at email@email.com or WhatsApp (by text) to 012-8819922 3 days before the scheduled delivery date. Refunds will not be issued in the event of your failure to comply with this provision. For avoidance of doubt, “peak period” is defined as 15 days period leading up to and including New Year (1st January), Chinese New Year, Christmas Day, Valentine’s Day, Mother’s Day, 520 Day, Women’s Day, Father’s Day, Chinese Valentine’s Day (Qi Xi), Mooncake Festival and Graduation Season of universities/colleges in Penang.

4.9 We reserve the right, at our absolute discretion, to cancel your order or flower subscription if it becomes apparent to us that the delivery at the place of delivery indicated by you at the time of the checkout process is not possible. We value you and aim to deliver your order or flower subscription at the place of delivery specified by you. However, we will not risk disappointing you if we cannot meet your expectation and demand.

OUR PROMISE, RETURNS AND REFUNDS

Customer satisfaction is our utmost priority.

5.1 Freshness

Our flowers are occasionally sent out in bud form meaning they will last longer with the recipient. If you receive flowers that do not seem fresh, please contact our Customer Service at email@email.com or WhatsApp (by text) to 012-8819922. If the flowers do not meet our high freshness standards, we have the sole and absolute discretion to provide you with the choice of a free replacement at our next available delivery date, or a refund. In such an event, you are required to notify us in writing by dropping us an email at email@email.com or or WhatsApp (by text) to 012-8819922 attaching photos of the un-fresh flowers within 24 hours of receipt of the flowers in order to be eligible for a refund or free replacement.

5.2 Damage

Our flowers are packed carefully to ensure that they arrive as fresh and beautiful as when they left us. However, on a small number of occasions (and for reasons beyond our control) they may get damaged in transit. Should this occur to a level that you deem unacceptable, please contact our Sweet Customer Care at email@email.com or WhatsApp (by text) to 012-8819922 so that we can arrange for a free replacement at our next available delivery date, or a refund. In such an event, you are required to notify us in writing by dropping us an email at email@email.com attaching photos of the damaged flowers within 24 hours of receipt of the flowers in order to be eligible for a refund or free replacement.

5.3 Non Delivery

If we fail to deliver your order within any time of your selected delivery date, we will send you a free replacement on our next available delivery date, or a refund. In such an event, you are required to notify us in writing by dropping us an email at email@email.com or  WhatsApp (by text) to 012-8819922 within 24 hours from your selected delivery date.

5.4 Returns

We are unable to accept returns due to the perishable nature of flowers.

5.5 Flower availability and substitution policy

All floral products posted on our website are subject to availability. We will use our reasonable endeavours to display as accurately as possible all floral product images, colours, features, specifications, descriptions, sizes and details of all floral products available on our website. However, the floral product images, colours, features, specifications, descriptions, sizes and details of all floral products may slightly differ from the actual floral product that you receive. In the event of any supply difficulties or if the flowers that we receive from our growers that are needed to make up your order do not meet our high quality standards, we reserve the right, at our sole and absolute discretion, to substitute any floral products with an alternate floral product of a similar style and equivalent (or greater) value and quality.

OFFERS AND PROMOTION CODES

6.1 At our discretion, from time to time, we may offer products at discounted prices. These offers are valid from the time we introduce them to the end date of the offer and they cannot be used for purchases before the offer introduction date or after the offer end date.

6.2 In the event that a customer has made a purchase and the price of the purchased product subsequently falls or is discounted owing to a special offer, the price of the product at the time of purchase shall prevail. We are unable to offer special offer discounts for purchases that have already been made.

6.3 We also reserve the right, at our absolute discretion, to offer different personalised special offers and promotions and it will therefore only be possible for the customer in receipt of the special offer to redeem the discount.

6.4 Discounts and credits cannot be used in conjunction with any other offers unless stated otherwise.

6.5 We only allow one promotion code to be used per order.

6.6 Discounts and voucher codes cannot be redeemed against courier delivery charges, percentage discount vouchers are applied only to the bouquet cost unless otherwise stated.

6.7 Discounts and credit can only be redeemed online at www.myflorist.my.

CIRCUMSTANCES BEYOND OUR CONTROL

7.1 Adverse weather conditions

During adverse weather conditions (including but not limited to heavy rain, flood or any adverse weather conditions that poses risk to our flower delivery team, or our third party delivery service providers), we may not be able to deliver orders on time. This is beyond our control and we shall not be responsible for any losses or damages occasioned by the late delivery of the order. Therefore, in the event of adverse weather conditions, we will not refund or offer re-delivery of affected orders.

7.2 Force Majeure

We shall not be liable for delay in performing or for failure to perform our obligations if the delay or failure results from any of the following: (i) Acts of God and natural catastrophe including but not limited to earthquakes, floods, subsidence, lightning, pandemic or epidemic, (ii) outbreak of hostilities, riot, civil disturbance, acts of terrorism, curfew, lockdown, movement control order (iii) the act of any government or authority (including refusal or revocation of any licence or consent or movement restriction order), (iv) fire, explosion, flood, fog, inclement or adverse weather, (v) power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles, (vi) default of suppliers, sub-contractors or delivery partners, (vii) theft, malicious damage, strike, lock-out or industrial action of any kind, and (viii) any cause or circumstance whatsoever beyond our reasonable control.

INTELLECTUAL PROPERTY

8.1 All trademarks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text and software used on our website are our intellectual property or that of our content suppliers, affiliates, partners or other users. For the sole purpose of your own personal use, you may view such material on your screen and print a single copy. You are not authorized to reproduce, republish, use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law), create extracts of, create derivative works from any part of our website or such material without our specific prior written consent. You are not allowed to commercialize any information obtained from any part of our website without our prior written consent.

8.2 You must not collect, scrape, harvest, frame or deep-link to any information on our website without our specific prior written consent.

8.3 You license (i.e. permit) us to use your user generated content both on our own website and also, for marketing purposes, on other channels including different websites, social media and emails. User generated content includes but is not limited to your comments, photos, videos, text and reviews.

Governing Law

9.1 These Terms and Conditions (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with the laws of Malaysia. Both we and you hereby submit to the jurisdiction of the courts in Malaysia. All dealings, correspondence, and contacts between us shall be made or conducted in the English language.

Waiver

Knowledge or acquiescence by us or you of any breach of any of the Terms and Conditions herein contained shall not operate as or be deemed to be a waiver of any of the Terms and Conditions. Notwithstanding such knowledge or acquiescence, both we and you shall be entitled to exercise our respective rights under this Terms and Conditions.

For avoidance of doubt, any waiver of any of the Terms and Conditions will only be effective if it is reduced into writing by us.

GENERAL

10.1 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to our website and/or the My Florist. service from time to time. We will post any changes on our website and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the My Florist. service or our website.

10.2 We do not guarantee that our website, mobile applications or services will be uninterrupted or error-free and we will not be responsible for any losses arising from such errors or interruptions. Additionally, we reserve the right to suspend, restrict or terminate access to our website, mobile applications and/or the My Florist. services for any reason at any time for repair, maintenance, improvement or other technical reason, and to make changes to them.

10.3 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained on our 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. Any of the Terms and Conditions contained herein which is held to be illegal, void, prohibited, or unenforceable shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability without invalidating the remaining provisions hereof and such illegality, voidness, prohibition or unenforceability shall not invalidate or render illegal void or unenforceable any other Terms and Conditions contained herein.