Terms of Use

Please read these Terms of Use carefully (including our Security & Privacy Policy (https://www.herflowersbangkok.comterms-of-service) before using our website "https://www.herflowersbangkok.com (“Site”), our Her Flowers software and/or our Services (defined below), so thatyou are aware of your legal rights and obligations with respect to Her Flowers (“Her Flowers”, “we”, “our” or “us”).

By accessing this Site using the Services, you hereby agree:

(i)   that you have read and agree to be legally bound by these Terms of Use (including our Security & Privacy Policy (http://about.abetterfloristist.com/privacy); and

(ii)  that you are the user of the Site and/or Services and are 18 years or above.  

If you do not accept these Terms of Use, please leave the Site and/or discontinue use of the Services immediately.

Her Flowers may at any time vary or amend these Terms of Use by posting the amended Terms of Use on the Site.  Any use of the Site or Services after the amendment of these Terms of Use is deemed acceptance of the amended Terms of Use by you.  If you do not agree to the amended Terms of Use, you have the right to stop using the Site and Services.

  1. Site and Services

1.1       The Site is owned and maintained by Her Flowers.

1.2       Her Flowers operates an online flower store through the Site, which offers one or more of the following features and services (each a “Service” and collectively the “Services”), mainly for the browsing and purchasing of flower products:

1.2.1    access to a collection of information, products, services, data, text, listings, pricing, graphics, images, videos, audio files and other types of works;

1.2.2    search engines or tools;

1.2.3    blogs, message boards, communication tools;

1.2.4    email or message alerts; and

1.2.5    any other services, features, content or applications that Her Flowers may offer through the Site from time to time in our sole and absolute discretion.

1.3       Her Flowers reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services, Site at any time.  We may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.

  1. Licence

2.1       Her Flowers hereby grants you a personal, non-exclusive and non-transferable licence to use the Site, and access and use the Services available via the Site, subject to the terms set out in these Terms of Use.

2.2       You agree not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use for any commercial or other purposes, any portion of, or any access to:

2.2.1    any Service;

2.2.2    the Site;

2.2.3    any materials, information, news, advertisements, listings, pricing, data, input, text, songs, audio, video, pictures, graphics, software, blogs, forums, message boards, broadcasts, comments, suggestions, ideas and other content, that is made available on or via the Site or Services (collectively, “Content”),

except, to the extent permitted, with the prior written consent of Her Flowers or unless expressly permitted in these Terms of Use.

2.3       Without prejudice to the generality of Clause 2.1, you agree not to reproduce, display or otherwise provide access to the Site, Services or Content, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of Her Flowers.

2.4       The Site and all Content are the copyrighted work of Her Flowers or our content or software providers, and Her Flowers reserves and retains all rights in the Site and Content.

2.5       You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Sie or any Content, except under the specific circumstances expressly permitted by law or Her Flowers in writing.

2.6       You may not hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or our servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, spamming, reverse engineering or reprogramming.

  1. Account Information

3.1       To access certain parts of the Site or Services, you will be required to sign-up for an account with Her Flowers (“Account”) and select a user name ("User Name") and password ("Password").

3.2       You are solely responsible for safeguarding and maintaining the confidentiality of your User Name and Password.  You agree not to:

3.2.1    share or permit others to use your Account or Password; or

3.2.2    assign or transfer your Account to any other person or entity.

3.3       You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your Account. Her Flowers shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account.  If you are aware of any actual or suspected unauthorised use(s) of your Account, or loss, theft, or unauthorised disclosure of your Password, please promptly notify us at: [email protected]

3.4       Each household or delivery address may only register one (1) Account. Multiple Account(s) registering the same delivery address may be permitted at our sole discretion.

3.5       Please provide accurate, complete, and up-to-date information required for your Account. You may at any time change or update your Account information by clicking here.

3.6       Where a delivery address is associated with multiple Account(s) without our written authorisation, or fraudulent or wrongful use of an Account is detected or suspected, we reserve the right at our sole discretion and without liability, and without prejudice to our other rights and remedies under this Agreement or at law, to immediately:

3.6.1    cancel any orders placed through such Account(s);

3.6.2    cancel or invalidate any credits or discount vouchers, coupons or codes awarded to or used by such Account(s);

3.6.3    prohibit such Account(s) or persons from participating in any promotions, contests or surveys of Her Flowers; and/or

3.6.4    merge, suspend and/or terminate Account(s).

  1. Orders, Pricing & Payments

4.1       Delivery areas

At present, Her Flowers delivers to most areas in mainland Thailand, but not certain areas.  You may contact us at [email protected] to check on our delivery coverage.  Her Flowers will only process and accept orders within our delivery coverage.

4.2       Orders

4.2.1    All orders made by you shall be deemed to be an offer made by you to purchase the selected product(s) and quantities set out in your order upon these Terms of Use.  All orders shall be subject to acceptance by Her Flowers.  Processing of payment for an order shall not in itself constitute acceptance of the order by Her Flowers, provided that where an order for any product(s) is rejected or cancelled by Her Flowers, any payment made for such order shall be reversed or refunded by Her Flowers in accordance with our prevailing refund policy at such time.

4.2.2    All orders made by you are subject to stock availability.  Her Flowers reserves the right to cancel, amend or reject your order in whole or in part, at any time and without liability or compensation, where any product is out of stock, damaged or spoilt, or unavailable for any other reason.

4.3       Product Information, Pricing and Payment

4.3.1    Her Flowers endeavours to provide you with accurate and up-to-date pricing, product and promotional information.  However, errors may sometimes occur and we do not guarantee that the pricing, images or other product or promotional information provided will be error-free, updated or complete.  You agree that Her Flowers shall not be liable for any errors in the pricing and product or promotional information listed on our Site or through our Services.  The price to be paid by you shall be based on our prevailing selling price at the time we receive your order, which may or may not be correctly reflected on the Site or through our Services.

4.3.2    If the actual price of any item ordered by you is higher than that reflected on the Site or through our Services, we will inform you and you will be given an option to confirm or cancel your purchase of such item based on the correct price.  By confirming your purchase, you authorise us to charge the additional amounts to you. If you elect to cancel the purchase, we will reverse or refund payment for such item in accordance with our prevailing refund policy at such time.  If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.

4.3.3    Where the actual price of any product is dependent on its weight (“Weighed Item”), we will provide an estimate of the price based on indicated weight and our current prevailing rates at the time of checkout.  The actual weight and related price of the Weighed Item will be made known to you at the time of delivery and:

(i) in the event of any shortfall in payment, we reserve the right to charge you for the additional amounts; and

(ii) in the event of any overpayment, we will reverse or refund the excess amounts paid for such item in accordance with our prevailing refund policy at the time of delivery.

(iii) All product prices are shown in Thai Baht and are inclusive of Goods and Services Tax. Prices of products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice.

4.3.4    Payment for all orders shall be made in Thai Baht.

4.3.5    We accept payment for orders by MasterCard, Visa and Paypal only. Kindly note that Paypal currently accepts MasterCard, Visa, American Express and Discover cards, and the credit/debit cards and payment methods accepted by Paypal is subject to change.

4.3.6    By placing your order, you authorise us to transmit information or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation, to protect you and us from fraud, and to enable us to arrange delivery of your order to your nominated delivery address.

  1. Promotions, Voucher Codes and other privileges and programmes

5.1       From time to time Her Flowers may run promotions, contests, surveys, privileges and other programmes, subject to additional terms and conditions which can be found on the Site and are hereby incorporated by reference into these Terms of Use.

5.2       Promotions, contests, privileges and programmes are only valid for the time period specified by Her Flowers.

5.3       The following terms shall apply to the use of credits, vouchers, coupons and codes (“Voucher Codes”):

5.3.1    Each Voucher Code is only eligible for a single use and is only valid for the time period specified by Her Flowers.

5.3.2    The Voucher Codes may only be redeemed by purchasing certain products from Her Flowers during the applicable validity period. 

5.3.3    Use of any Voucher Code must be indicated at the time of checkout, and all information required by Her Flowers must be provided.  No retroactive use of the Voucher Code is permitted.

5.3.4    Voucher Codes cannot be used in conjunction with any other promotion, voucher, coupon, code or offer, including but not limited to discounted sale items, unless otherwise stated.

5.3.5    A minimum spend may be required before use of the Voucher Code is permitted.

5.3.6    Voucher Codes cannot be refunded, redeemed or exchanged for cash.

5.3.7    Resale, transfer and sharing of Voucher Codes are strictly prohibited.  In spite of the above, gift vouchers, if offered by Her Flowers, may be purchased by you and given to others.

5.3.8    No reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Voucher Codes is allowed.

5.3.9    Voucher Codes are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used.

5.3.10  Her Flowers reserves the right to verify the validity of any Voucher Code and to declare null and void, any Voucher Code which in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used.

5.3.11  Her Flowers reserves the right to vary or impose such other terms and conditions as we deem appropriate from time to time by posting the varied terms and conditions on the Site.

5.4       Where any free gift is offered as part of a promotion, the free gift is offered on a “first come first serve” basis and while stocks last basis. No cash will be offered in lieu of the gift.

5.5       Where you are permitted to return any product to Her Flowers for a refund and such product was originally purchased under a promotion or discount, you will only be refunded the amount that you originally paid for such product.  Where the promotion or discount had applied to the entire order, we will refund you the selling price of the returned product less the promotion or discount applied to the returned product on a pro-rata basis.  Further, any free promotional gift given with an order must also be returned if you are returning the product(s) to which the gift related.

5.6       Her Flowers's decision on all matters relating to promotions, discounts, Voucher Codes and other privileges is final and binding.

5.7       Her Flowers reserves the right to discontinue any promotion, discount, Voucher Code programme, contest, privileges or programme at any time without notice or liability.

  1. Deliveries

6.1       Delivery slots are subject to availability.

6.2       Bulk orders may be subject to a different delivery cost and may require a longer delivery time to be fulfilled.  “Bulk order” means an order for any product that comprises quantities of beyond 48 units, unless otherwise stated in writing by Her Flowers. Please contact us at [email protected] to place a bulk order.

6.3       Her Flowers will endeavour to deliver the products to your delivery address within the delivery time frame selected by you, but does not and cannot guarantee that the delivery time frames will be met as there may be factors outside of our control which may result in early or delayed deliveries.  You agree that Her Flowers shall not be liable for any deliveries made outside the delivery time frame.

6.4       Please notify Her Flowers immediately of any change to your delivery address, date or time of delivery, or contact number.  Any changes in the delivery address or date or time of delivery after the submission of your order may incur an administrative charge of S$10.00.

6.5       Where you specifically instruct Her Flowers to leave your delivery outside the door of the specified delivery address, such delivery shall be at your sole risk and you accept all liability and risk of loss, theft and damage.  For all other deliveries, please arrange for someone to receive the delivery and sign off the delivery invoice or device.

6.6       If the delivery includes alcoholic drinks or any other age-restricted items, which may not be delivered to a minor, please ensure a person of 18 years of age or older with appropriate identification is present to take delivery of the alcoholic drinks or other items. Her Flowers reserves the right not to deliver any age-restricted product to anyone who is, or appears to be under, the age of 18 years old, and to charge the Customer an additional re-delivery fee of S$10.00.

6.7       If an order is cancelled, or if no one is at the delivery location to receive the order during the chosen delivery slot, Her Flowers reserves the right to reschedule or cancel the delivery and charge you a re-delivery or cancellation fee of S$10.00.

6.8       If there is any damaged or incorrect product (s) (including delivery of additional product(s) not ordered by you), please contact us within 24 hours at [email protected]  Her Flowers at its sole discretion, will offer a replacement or refund of the damaged or incorrect product(s), or arrange for the re-delivery, collection and/or return of the incorrect product(s).

  1. Intellectual Property

7.1       The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the Site and all Content shall vest in and remain with Her Flowers and its licensors.

7.2       The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Her Flowers and other third parties, and all rights to the Marks are expressly reserved by Her Flowers and relevant third parties.  You are not permitted to use the name of Her Flowers or any Marks, including in any advertising or publicity or as a hyperlink, without the prior written consent of Her Flowers or such third party.

7.3       The domain name on which the Site is hosted on is the sole property of Her Flowers and you may not use or otherwise adopt a similar name for your own use.

  1. Comments, Feedback and Other Information

8.1       You may provide or submit comments, feedback, suggestions and other content or information (collectively, “Comments”) so long as the content is not illegal, criminal, immoral, inappropriate, hateful, obscene, defamatory, offensive, violent, abusive, political, religious, infringing or disrespectful in nature, and does not consist of or contain software viruses, solicitation or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a Comment.  Her Flowers reserves the right (but not the obligation) to review, remove or edit such content.

8.2       You hereby grant Her Flowers a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable licence to use, reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute and exploit any Comments that you provide or publish through or in relation to the Site, for any purpose as Her Flowers may require at its sole discretion.  You further agree that Her Flowers may use and publish your name in connection with such Comments.

8.3       If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site, please contact us at [email protected]

  1. Disclaimers & Limitations

9.1       While we make every effort to ensure that the Site, Services and all Content is accurate and complete, we provide the  Site, Services and Content on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied.  To the fullest extent permissible pursuant to applicable law, Her Flowers disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement.  Without limiting the foregoing, Her Flowers does not warrant that the functions contained in or access to the Site, Services, Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, or Content are free of viruses or other harmful components. Her Flowers does not warrant or make any representations regarding the use or the results of the use of the Content, the Services, the Site in terms of their correctness, accuracy, completeness, reliability, or otherwise.

9.2       You agree that:

9.2.1    Her Flowers shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; and

9.2.2    access to or the operation of the Site and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors,

and in any such event, Her Flowers shall not be liable for any loss, liability or damage which may be incurred as a result.

9.3       In no event shall Her Flowers be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Services, the Site, Content or any other website or device.  In the event that Her Flowers is liable for damages despite the foregoing provision, you agree that Her Flowers’s aggregate liability to you for any and all causes of action in relation to:

9.3.1    any order, sale or delivery of any product by Her Flowers under these Terms of  Use shall not exceed the price of the product giving rise to such claims; and

9.3.2    in all other cases (including any use of the Site or Services), shall not exceed S$1.

9.4       In no event shall Her Flowers be liable for any indirect, special, consequential, or incidental damages that result from the Services, Site or Content, or your use of, or the inability to use, the Services, Site, Content or any other website or device, even if Her Flowers or a Her Flowers authorised representative has been advised of, or should have foreseen, the possibility of such damages.

9.5       You agree that the above exclusions and limitations of liability enable the Services and the Content to be provided by Her Flowers at either reasonable costs or no costs to you.

  1. Linked Sites

10.1     Her Flowers may provide links, plug-ins, widgets or other connections to other sites ("Linked Sites") that may be of relevance and interest to users.  Her Flowers has no control over, and is not responsible for the content on or obtained through the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability, accuracy or reliability of any of the Linked Sites. You hereby agree to assume all risk arising from the use of the Linked Sites and hereby irrevocably waive any claim against us with respect to the Linked Sites.  Her Flowers does not endorse, recommend or guarantee any of the Linked Sites, and Her Flowers expressly disclaims all liabilities and responsibilities arising in relation to any Linked Sites.

  1. Security & Privacy

11.1     Her Flowers recognises the importance of keeping your personal information and data secure and private.  To understand our security and privacy policies and practices, please read our Security & Privacy Policy (https://www.herflowersbangkok.comprivacy). 

11.2      Please do not submit any personal information or data without first reading our Security & Privacy Policy (https://www.herflowersbangkok.comprivacy) which explains our data use and privacy practices in detail.

  1. Suspension & Termination

12.1     You agree that Her Flowers has the right in its sole and absolute discretion and without notice or liability to:

12.1.1  restrict, suspend, or terminate your access to all or any part of the Site or Services; and/or

12.1.2  terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account,

without assigning any reason.

12.2     Without prejudice to the generality of the above, Her Flowers reserves the right to deactivate your Account if it has been inactive for a period of 10 years or more, or if you are in breach of any of our Terms of Use. 

  1. Notification of Infringement

13.1     Her Flowers reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of the Site, Services or Content (“Infringing Material”) and take appropriate action.  If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site or Services, please notify Her Flowers in writing immediately in the form and containing the information prescribed by the Thailand Copyright Act (Cap. 63) (“Infringement Notice”).

13.2     All Infringement Notices shall be sent to Her Flowers addressed as follows:

Her Flowers Limited

69 Boat Quay

Thailand 049857

Email address: [email protected]

13.3     Her Flowers will duly consider all Infringement Notices submitted in the above manner.  In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against Her Flowers in respect of any Infringing Material, unless you have first given Her Flowers the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter Her Flowers refuses or fails to remove the Infringing Material within a reasonable time.  Where Her Flowers removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against Her Flowers under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by Her Flowers.

13.4     You acknowledge and agree that Her Flowers has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on or through Linked Sites or other third party sites.

  1. Jurisdictional Issues

14.1     The Site and Services are meant for use by residents of Thailand only.  Her Flowers makes no representation that the Services and Contents of the Site are appropriate or available for use in your location.  Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

  1. Indemnity

15.1     You agree to indemnify and hold Her Flowers, and its officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:

15.1.1  any use of the Site or any Service;

15.1.2  your connection to the Site;

15.1.3  your breach of any terms and conditions of these Terms of Use;

15.1.4  your violation of any rights of another person or entity; or

15.1.5  your breach of any statutory requirement, duty or law.

  1. Severability

16.1     If any provision of these Terms of Use is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Terms of Use shall continue in force save that such provision shall be deemed to be deleted.

  1. Relationship of Parties

17.1     Nothing in these Terms of Use shall constitute or be deemed to constitute an agency, partnership or joint venture between Her Flowers and you and neither party shall have any authority to bind the other in any way.

  1. Waiver

18.1     No waiver of any rights or remedies by Her Flowers shall be effective unless made in writing and signed by an authorised representative of Her Flowers.

18.2     A failure by Her Flowers to exercise or enforce any rights conferred upon us by these Terms of Use shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

  1. Force Majeure

19.1     No party shall be liable for any failure to perform its obligations under these Terms of Use if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.

19.2     For purposes of these Terms of Use, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party, and which results in the party being unable to observe or perform on time an obligation under these Terms of Use.  Such circumstance or event shall include strikes, lockouts, industrial action or labour disputes, riots, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, storm, flood, natural physical disasters, epidemic, quarantine restrictions, disruption to supply lines, and general failure or impossibility of the use of aircraft, shipping, aircraft, motor transport or other means of public or private transport, or political interference with the normal operations of any party.

  1. Governing Law & Jurisdiction

20.1     These Terms of Use and all matters relating to your access to, or use of, the Site and the Services shall be governed by and construed in accordance with the laws of Thailand including without limitation the provisions of the Thailand Evidence Act (Chapter 97) and the Electronic Transactions Act (Cap. 88), without giving effect to any principles of conflicts of law.

20.2     You hereby agree to submit to the non-exclusive jurisdiction of the Thailand courts.

  1. Cancellation of Orders:

21.1    Orders that are cancelled no later than 48 hours before delivery will result in a full refund
21.2    Orders canceled between 12 and 48 hours before dispatch time with result in a $10 cancellation fee applied
21.3    Orders cancel within 12 hours before dispatch time, will result in a 50% refund only.
21.4    *The dispatch time is defined as the earliest minute in a delivery time slot, for example 9-12pm counts 9am as dispatch time;

  1. Updating of Orders

22.1    If you want to change products, change delivery address, update message cards content, please contact us no later than 12 hours before dispatch time. Within 12 hours, we will still try our best but please understand we might be unable to fulfill your requests;

  1. Special Delivery Instructions

23.1    If you have any special instructions regarding your order, we will try our best to fulfill but please understand there is no guarantee on them; 

  1. Potential Delivery Issues

24.1    We highly recommend that you could provide us with full address including: postcode and unit number. Unclear address might lead to fail delivery, we will contact you for rescheduling second delivery if that happens but re-delivering fee will be applied;
24.2    If our couriers arrive the address within time slot and recipient is not around, our couriers will leave the order at proper place (reciptions, neighbors’.etc) and inform the recipient. However, if there is no any safe places to leave the order, we will contact you for rescheduling second delivery and re-delivering fee will be applied;

Her Flowers