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Terms & Conditions

 

General

We ask you to carefully read these terms of use (hereinafter the ‘Terms and Conditions’ or the ‘T&Cs’) before using this Site and/or any of the Services (as defined herein) provided by Edible Bouquets By Theresa (hereinafter ‘we’ or ‘us’ or ‘our’ or ‘EB’ or ‘Edible Bouquets’).

In these T&Cs: 

  • the term ‘Site’ or ‘Website’ means www.ediblebouquetsmalta.com;
  • and the term ‘Customer’ or ‘you’ means any person using the Site, and/or any of the Services provided by Edible Bouquets, whether directly via the Site or otherwise.

By using this Site and/or by using any of the Services provided by us, you are agreeing to abide by: 

  • these Terms and Conditions;the Privacy Policy which may also be found on this website; and 
  • any other Edible Bouquets policies and procedures. 
  • If you do not fully understand these Terms and Conditions, you are advised to contact us for further clarification.

If you do not wish to be bound by these Terms and Conditions and any other applicable Edible Bouquets policies, kindly refrain from accessing or using this Site, and/or any of the Services provided by us. 

Services Available on the Website

When used throughout these Terms and Conditions, the term ‘Services’ shall include the sale and/or the purchase of predetermined packages of cupcakes, cakes and any other good/s made available or sold by Edible Bouquets, and this, whether available online, or otherwise (hereinafter referred to as the ‘Services’). 

For the avoidance of any doubt, it is hereby being agreed that all customers of Edible Bouquets shall be bound by these T&C’s – and this, whether they are submitting orders online (via the Site), or otherwise. 

Website Orders

Each product offered through our website is carefully handmade. Due to the nature of handcrafting, there may be slight variations in the final product.

While we strive to replicate the advertised designs, the final product may retain subtle differences in its overall appearance. Such differences may include:

  • colour shades
  • floral design
  • positioning
  • packaging colour, style, and material
  • accessories

Such differences are especially true for cupcake-based orders, where the requested cupcake count differs from the count shown in the respective advertised images.

We aim to stay as accurate as possible to the images shown, but minor differences in appearance or materials may occur.

Custom Orders

Predetermined packages of cupcakes and cakes are available online. However, where possible, you can custom your order by choosing your preferred flavours.

When ordering cupcakes, you may also opt to change the cupcake count. 

If you would like to submit an order which is more tailored for your needs, you may do so by requesting a custom order. One may request a custom order by chatting with one of our representatives via Facebook, WhatsApp or by accessing the email links found on the Site. We will do our very best to try and acquiesce to your request/s.  

We would be happy to take inspiration from designs which you have seen elsewhere; having said that, we cannot guarantee that our final product will be identical to the images which you have provided us with. 

Submission of Orders

All orders are deemed to have been validly submitted (i) when the order form is properly filled in; and (ii) when the total amount for the order, is paid in full.

The submission of the filled in form and payment in full, does not necessarily mean that the order has been accepted. An order shall only be deemed to have been accepted and confirmed, on receipt of a confirmation email from us. 

Pricing and Quotations

Prices for predetermined packages are available on the Site. Having said that, the said prices may vary depending on the packaging, the amount of goods purchased, and the changes made to a predetermined order. 

When requesting a custom order (via any of the means mentioned in clause 3.3 of these T&C’s), you shall receive a quotation within (3) working days.

Quotations are only valid for fourteen (14) working days, commencing on the date on which the quotation is issued. 

Our online prices are subject to change without prior notice.

Cancellation of Order

We reserve the right to cancel your order at any time, and this, without giving a valid reason. 

Whenever we cancel your order, we will provide you with a full refund of any amounts paid. Save for the said full refund, you shall not be entitled to any other compensation or recourse from us.

You may cancel your order, provided that (i) we have not started working on your order; and (ii) the delivery/pickup date is at least 48 hours from the current time of request to cancel. 

Whenever you choose to cancel your order (in line with clause 6.3 above), the total amount paid for such order will be reimbursed to you, in credit (on future orders). For the avoidance of any doubt, it is hereby agreed that whenever you choose to cancel your order, you shall only be entitled to a credit note. No refunds will be given. 

Credit notes are only available for one (1) year, from the date of issue. 

General Conditions 

All orders should be placed on a flat surface within a fridge and in the original packaging provided by us – unless advised otherwise. 

All efforts are made to display as accurately as possible the colours and images of our products that appear online. Having said that, we cannot guarantee that your devices’ display of any colour will be accurate.

We really do hope that you are pleased with your purchase. However, if upon collection or delivery (as the case may be) you find that (i) the goods recieved are not those ordered, or that (ii) there is a defect in the good purchased from us, you are being requested to contact us by phone at (+356) 79325711 or by email at ebmalta@ediblebouquetsmalta.com. We will look into the matter, and we will provide you with a credit note or with a refund (as the case may be), within a period of 2 business days.

Since taste is a very personal matter and is subjective - we cannot accept the return of any products merely because you do not like the taste.

We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without any prior notice. 

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of our Services.

Delivery

When submitting your order, you will be asked to choose between a set of predetermined days and times for delivery

Delivery to anywhere in Malta is available for between five euro (€5.00) and eight euro (€8.00) depending on locality. This amount is subject to change, and it is your responsibility to verify the amount when placing an order.

We will only attempt delivery of the purchased products, once. In the event that the delivery cannot be executed during the first attempt (such as, for example, if the recipient is not available at the agreed location/address, during the pre-agreed time and date etc.), you will still be charged for the order and the delivery, and no redelivery will be possible. In such instance, you would need to contact us in order to schedule an appointment, for pickup. 

Delivery dates and times may be effected due to bad weather or traffic conditions. Delivery service may also be temporarily unavailable in selected areas, due to bad weather or unforeseen circumstances. 

Delivery days and times will vary throughout the week.

For the time being, deliveries to Gozo are not being accepted through the main website. Please reach out to us directly, instead.

Additional Warranties and Disclaimers

The Services provided via the Site, are provided by us in an ‘as is’ basis. 

The pictures of the products are for presentation only. The ordered products may differ from the pictures available on the Site. 

Whilst we will do our very best to ensure that the use of our Site is safe, we cannot and do not represent or warrant that the Site is free of viruses or harmful components. The use of the Site shall be at your own risk, and you shall be solely responsible for your conduct whilst using our Site.

We will also do our very best to ensure that the Site is working, having said that, we do not, in any way, warrant that: 

  1. the Site is accurate, complete, reliable, current, or error-free; and
  2. the Site and the Services provided by us, will be uninterrupted, accurate, and/or timely. 

Allergins

You hereby acknowledge that items are prepared in kitchens handling allergenic ingredients (including Milk, Eggs, Nuts, Peanuts, Cereals containing Gluten (wheat, rye, and barley), Fish, Soya, Sesame seeds, Celery) and therefore, you hereby further agree and acknowledge that Edible Bouquets cannot guarantee the complete exclusion of the items having traces of allergenic ingredients. Edible Bouquets shall bear no responsibility whatsoever, in this regard. Customers concerned with food allergies need to be aware of this risk. 

Whilst our primary goal is to provide accurate information on each ingredient used in each product, Edible Bouquets will not assume any liability for adverse reactions to food consumed, or items one may come in contact with while eating our products.

Force Majeure

Edible Bouquets shall in no way incur any form of liability, whereby the performance of rights and obligations emanating from these T&Cs is prevented and/or hindered for any reason which is beyond Edible Bouquets control (hereinafter ‘Force Majeure’) and, in particular but without prejudice or limit to the generality of the foregoing, as a result of any act of fire, flood, subsidence, sabotage, accident, strike, pandemic, government order and/or lock down. Furthermore, Edible Bouquets shall in no way be held responsible and liable for any loss and/or damage suffered by the Customer as a result of such unforeseeable events.

Changes in any relevant or applicable law or regulation shall also constitute a Force Majeure, and we will not be responsible for any result or any damage which arises out of such changes in the relevant and applicable laws and/or regulations. 

Limitation of Liability

To the fullest extent permissible by law under no circumstance shall the Edible Bouquets, be held liable for any claim, injury, loss, damage, incidental, or any consequential damage of any kind, or any other damages whatsoever, including without limitation, damages for loss of income, loss of business, loss of opportunity etc. whether advised of the possibility of such damages or otherwise or whether foreseeable or otherwise, arising out of or in connection with:

  • your use or inability to use the Site and the Services being provided on it; 
  • information provided on the Site; 
  • any mistakes, suspension, damages to computer systems or other equipment, errors, defects, viruses, delays, or any other failure whatsoever arising through the use of or by accessing the Site; 
  • any statements by any third parties; 
  • any other matter relating to the Site, or the Services provided on it; 
  • your failure to carefully read and abide by these T&Cs; and 
  • any other matter or difficulty resulting from the use of the Site and the Services. 

Intellectual Property Rights

Any and all content available and accessible on the Site, including but not limited to, text, illustrations, graphics, images, software, videos, methods, techniques etc. is owned or licenced by Edible Bouquets. You are strictly prohibited from accessing, printing, downloading, saving, storing, copying, using or otherwise, any material from the Site, unless permitted in writing by us. 

Without prejudice to anything else set out in these Terms and Conditions, you are hereby being given a limited, non-exclusive, non-transferable, revocable right to access and use our Services for your own personal non-commercial use. Any use of our Services other than specifically authorised by virtue of these Terms and Conditions, without our prior written consent, shall be strictly prohibited. We reserve the right to seek legal action against you should you violate any obligation set out herein. 

Any and all information on the Site, shall not be shared, distributed, saved, copied, downloaded, or displayed without the prior written consent of Edible Bouquets. You are also expressly prohibited from re-selling any of the products or goods being sold by Edible Bouquets. We reserve the right to seek legal action against you, should you violate this obligation. 

Edible Bouquets’ name, trade names, logos, slogans and symbols included or referenced on the Site (where applicable) are protected by national and international trademarks and for this reason, their copy, use, or distribution is illegal. We reserve the right to take legal action where Edible Bouquets’ name, trade names, logos, materials and/or symbols are used, copied, imitated, or distributed without the prior written consent of Edible Bouquets. 

Privacy and Confidentiality

We value your privacy and for this reason, we will not be requesting any information that is unnecessary.

The use of your personal information is governed by our Privacy Policy.

All Personal Information, including that which is collected through the use of the Site, shall be kept confidential and shall be processed in accordance with our Privacy Policy which may be accessed here. 

Amendments

We reserve the right to amend, change, replace or update these T&C’s at any time and this, without prior written notice. 

We also reserve the right to at any time (i) modify and alter the contents of the Site; and (ii) change the Services provided on the Site, and this, without any prior notice to you. We shall also not be liable for any consequences resulting from any such modifications or changes. 

Changes and amendments to these Terms and Conditions will be effective immediately. 

You are strongly advised to re-visit these Terms and Conditions from time to time, and it shall be your sole responsibility to ensure that this is being done.  

Links

The Site may (at times) contain links or references to other websites. Edible Bouquets has no knowledge and has not reviewed or inspected the information contained on such other websites and does not endorse the companies, websites, or the products to which it links. We are therefore not responsible for the contents or policies of such other websites and do not accept any liability for any damage, costs or claims resulting from your access to such other websites. Where you decide to visit any third-party websites linked to the Site, you will be doing so entirely at your own risk.

You further acknowledge and agree that the Edible Bouquets shall not be responsible or liable, whether directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, or through the reliance on, third party websites, goods, or services available on or through any such websites and/or services.

Language

You acknowledge that, for convenience only, these Terms and Conditions may be translated into a language other than English. In the event of a conflict or ambiguity between the English language version and the translated versions of these Terms and Conditions, the English language version shall always prevail. 

How to Reach Us and how to Submit an Inquiry or Complaint

You may contact us via email by sending an email to ebmalta@ediblebouquestsmalta.com. 

All inquiries and complaints must be made in writing and addressed to the Customer Support Team. 

We will do our very best to ensure that your inquiries are replied to within a period of seven (7) business days. 

You understand that we may treat any feedback as non-confidential. 

Entire Agreement

These Terms and Conditions, including any documents and material incorporated by reference, constitute the entire agreement between you and us, and supersedes all prior or contemporaneous agreements and understandings – both written or oral and in relation to any subject matter. 

Severability

The invalidity or unenforceability of any provision of these Terms and Conditions, as determined by a court of competent jurisdiction, shall in no way effect the validity or enforceability of any other provision thereof.

Assignment

We reserve the right to assign or transfer our obligations in terms of these Terms and Conditions to third parties.

You are strictly prohibited from assigning or transferring your rights under these Terms and Conditions to any third parties. 

Notices

All agreements, notices, disclosures, and other communications that we may need to provide you with, will be provided in electronic form, to the email address provided on the order submission form. Should you, at any time, change your email address, it shall be your obligation to inform us with immediate effect. We accept no responsibility in this regard. 

Governing Law

These Terms and Conditions shall be governed and construed in accordance with the laws of Malta. 

Any dispute arising out of the use of the Site and/or any Services provided by Edible Bouquets, shall be settled in the Courts of Malta.

These terms and conditions were last updated on 19th October, 2024