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    Terms and Conditions

    Terms and Conditions

    Dear Customers,

    Welcome to Ferns N Petals!

    These Terms and Conditions along with Terms of use, Disclaimer and Privacy Policy governs your relationship with Ferns N Petals Malaysia SDN BHD (FNP/ Ferns N Petals/ We/ Us/ Our). Your use and transactions on https://my.fnp.com, indicate that you have read and understood these Terms and policies and accept them as the legal equivalent of a signed, written contract, binding you to these Terms. Ferns N Petals Malaysia SDN BHD shall solely be responsible for fulfilling your order including but not limited to issue invoice, deliver product to recipient, and in no event shall any of its affiliate, director, representative, officers, consultant or employee be responsible for transactions made on this website.

    Your participation as a customer in this service will constitute acceptance of this agreement.

    At https://my.fnp.com (website), we try to give you access of our services for 24 hour on every 7 days of a week. The website may not be available to you from time to time, for reasons including but not limited to unavoidable circumstances or for maintenance purpose. You acknowledge and understand this exception with FNP. FNP reserves right to add on or discontinue any services from its website at its discretion. FNP reserves the right to amend/modify these Terms and Conditions at any time, as it may deem necessary or desirable. Such changes shall be applicable as it would be available on the website. You are requested to read these terms every time you visits the website for usage or transaction.

    Products and Pricing

    All products listed on the website, their descriptions, and their prices are subject to change from time to time. FNP reserves the right, at any time, to modify, suspend, or discontinue the sale of any product or services with or without notice.

    We put every effort to ensure, that our website contains correct information. However FNP makes no warranty as to the accuracy, comprehensiveness and correctness of products and information on website. Purchase of a product on the website is subject to availability of stock.

    We strive to offer you best possible rates of the product but FNP does not guarantee that these prices will be minimum in the region or country or in comparison to other players of the Industry. FNP reserves right to change or update rate and other details of the product on its website, at its discretion, without any notice to you. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error, error in pricing or information received from FNP’s suppliers, FNP shall have the right, post the acceptance of any order, to decline or cancel any such order, whether or not the order has been confirmed and/or you have been charged for such product or service. If you have already been charged for the order and FNP cancels your order, we will refund the amount.

    On booking for Decoration or Instrumental play under your booking, you agree to allow FNP’s associates to visit your place for the performance of services, in pursuance to your order. Post booking and payment, our representative will contact you to re-check the time to visit you for such performance and make his/their arrangements accordingly. Such activities may be performed by our third party service provider and we are facilitating their services for your convenience only. We always try to give you safe and secure environment while performance of services but we expect you to maintain your privacy and apply your diligence while availing the services. You are requested to check the identity of service personnel and may counter check with company’s representative. We suggest you to be present at place of performance for all time. We will not be responsible for any missing item at your place. For any grievance or deficiency in service you can contact us immediately. Any grievance on these services post 2 hours of performance will not be acceptable. For the performance at any hotel, you need to take permission from Hotel. We will not be responsible for cancellation of services and refund, if you cannot take this permission from hotel, in time.

    The product specifications (weight, size, colour etc.) mentioned with the product photos displayed are only approximate. There may be a slight variation in the pictures and the respective products.

    Since flower arrangements are hand-made, there may be a slight variation from the picture shown. Occasionally, substitution of flowers is necessary due to temporary and/or regional unavailability issues.

    Every cake we offer is handcrafted and since each chef has his/her own way of baking and designing a cake, there might be slight variation in the product in terms of design and shape. Occasionally, substitution of flavours/designs is necessary due to temporary and/or regional unavailability issues. In such a cases, our experienced team will ensure we deliver the product as close as possible to the description/photograph shown and will only substitute items of equal or higher value.

    The message on the complimentary message card, which may be provided by Ferns N Petals, can either be printed or hand written, depending on where the delivery is scheduled for.

    We request you to check and follow our Care Guide, available on the website, to take care of your cakes, plants and flowers delivered by us.

    Orders and Acceptance of Orders

    Products with its information has displayed on the website to Invite Offer from User. When you make an order, you are making an offer to purchase, and such offer is subject to acceptance by us. Our communication (email/SMS/push notification) of acknowledging your order does not signify our acceptance to your offer. FNP reserves the right, after receiving the order, to accept or decline or cancel your offer (in whole or in part). Offer shall be deemed accepted once it dispatch to delivery, by FNP. No other act or omission on the part of FNP shall be considered as acceptance of offer or order by FNP. We may require additional verifications or information before accepting any order. In the event of a purchase, you will be required to accurately provide the recipient’s name, contact and shipping address.

    You agree that, if FNP cancels all or a part of your order, your sole and exclusive remedy is either that:

    • FNP will issue a credit to your credit/debit card, wallet or bank account the amount charged for the cancelled portion (if your account card has already been charged for the order) or
    • FNP will not charge your credit/debit card, wallet or bank account for the cancelled portion of the order.

    For your convenience, FNP accepts Visa, Master Card, Paypal. Notwithstanding anything contained herein, any and all payments made by above mentioned options, either through payment gateway on the FNP website or through FNP mobile application, are subject to specific terms and conditions of such third party payment gateways.

    Substitution Policy

    In an event where a product that you have ordered is out of stock or unavailable, we will contact you to give an option of an alternate product. If we are unable to get in touch with you, we will proceed with sending you the alternate product since we know that you are sending it to your loved one(s) on a special occasion and we would not want anything to dampen the spirit of the occasion.

    Order Modification/Cancellation Policy

    There are some orders which we may not be able to accept and can be cancelled by our side. We reserve the right to cancel any order for any reason, like under any unforeseen circumstances that may come in the way of your order that may be limitations on quantity available of purchase, error in product(s) or pricing information, or limitations of our credit department. Before cancelling any order, we will contact/ notify you.

    Same day orders are processed immediately, and usually cannot be modified/cancelled. However, in case you want to modify/cancel an order, you can reach us on +60392121588 (08:00 hours to 22:30 hours, 7 days a week). If the order has not been prepared or is not out for delivery, we will try to modify/cancel the order for you. If the order has already been prepared/dispatched, it cannot be cancelled/modified and you will be charged for the order.

    In other cases of order modification/cancellation, please give at least 24 hours' advance notice.

    Order/Delivery Confirmation E-mail and SMS

    Shortly after you place an order on website, you will receive an Order Confirmation e-mail and SMS which will include all the details of your order, including the order number which will be required in the event you need to contact FNP.

    In case you have not received an Order Confirmation e-mail and SMS, please call on +60392121588 (08:00 hours to 22:30 hours, 7 days a week) or write to us at support@my.fnp.com

    You will also receive a Delivery Confirmation e-mail and SMS when your order get delivered.

    Shipping & Delivery Policy

    FNP endeavor to deliver products to the recipient as per the delivery option selected by User while placing the order. The delivery time is subject to location you provided for delivery. For the convenience and requirement of Customer, FNP provides only Free Deliveries. FNP charges nominal amount from customers for selecting fixed time delivery and such charges displays on webpage while selecting the timeframe for delivery. However under Fixed Time Deliveries, FNP is obliged to deliver your product as per your opted time but it is always subject to factors beyond its reasonable control (“Force Majeure Events”) including unexpected travel delays from our courier partners and transporters due to weather conditions, political disruptions, strikes, war, lockdown, Government restrictions or other unforeseen circumstances. In such cases, we will proactively reach out to you. Please check your e-mails and SMS regularly for updates.

    Flowers may be delivered in fully bloomed, semi-bloomed or bud stage. Since cakes are perishable in nature, we attempt delivery of your order only once. The delivery cannot be redirected to any other address.

    Before any festival or major occasions, we suggest you to place your order at least five days in advance.

    Products that are hand delivered cannot be delivered along with courier products. That may reach to the recipient at different time or day.

    Delivery of Courier Products

    You will get informed about courier product or delivery on selecting product.

    Notwithstanding anything contained in these Delivery terms, in the event the order is made to deliver through any courier agency or any third party, FNP does not make any representation or warranty in relation to the delivery of such orders. The products will be delivered through Courier Company and the delivery made by them are subject to the Terms and Conditions of such courier companies. For products that are shipped using the services of our courier partners, the date of delivery is an estimate. Your order may be delivered a day prior or a day after the chosen date of delivery.

    You acknowledge that requested delivery date of such products are non-binding. Estimated delivery date depends on the availability of the product and the destination to which you want the product to be shipped. Such deliveries will not take place on Sundays and Public Holidays.

    Our courier partners do not call prior to delivering an order, so we recommend that you provide an address at which someone will be present to receive the package. The delivery cannot be redirected to any other address.

    All courier orders are carefully packed and shipped. Soon after the order has been dispatched, you will receive a tracking number that will help you trace your order.

    Courier partners sometimes have some delays due to holidays and strikes.

    Delivery to Hospitals Policy

    The florists in our Ferns N Petals network are experienced at making deliveries to hospitals. When placing your order, please be sure to include:

    • Hospital name
    • Full address of the hospital
    • Telephone number of the hospital
    • The name of the recipient
    • Room number or ward of the recipient

    We will send your order in accordance with facility procedures, as most hospitals do not allow florists to personally deliver to individual rooms. Please note that many ICU patients are not permitted to receive flowers. Please check with the hospital norms before placing such orders.

    Delivery to Hotels Policy

    The florists in our Ferns N Petals network are experienced at making deliveries to hotels. However please be aware to make the following information available:

    • Hotel name
    • Full address of the hotel
    • Telephone number of the recipient and the hotel
    • The name of the recipient
    • Room number of the recipient
    • Name of Tour Company, if applicable

    If the recipient has not checked in at the hotel on the delivery date, the order will be left at the reception and the order will be assumed as executed. If the person has checked out of the hotel by the delivery date, the order will be assumed as executed and no refund will be made in such cases.

    Delivery to Wedding Halls/Marriages Policy

    For delivery of order items to Wedding Ceremonies/ Marriage Halls, we may not be able to assure the delivery to the bride and/or bridegroom. However, we shall ensure that the delivery is made to one of the responsible member of host.

    Delivery to Hostels/PG/Cantonment/Enclosed Premises

    Our florists are experienced at making deliveries to hostels/PG/Cantonment/Enclosed Premises. However, please be aware to make the following information available:

    • Hostel name
    • Full address of the hostel
    • Telephone number of the recipient and the hostel
    • The name of the recipient
    • Room number of the recipient

    The recipient needs to either come to the gate of the premises to collect the delivery or send someone on his/her behalf after coordinating with the delivery person. The order can be handed over to security/any other responsible person or the order will be left at the reception and the order will be assumed as executed.

    Delivery at Remote Locations and Towns

    Orders can be delivered only in the cities available in our Data bank. Remote location depends upon the location and availability of our store or associate. We cannot commit exact time of deliveries to such locations.

    Please note that flowers, cakes and other perishable products are sourced locally at the delivery location. There are chances our deliveries of natural plants & flowers or Cakes are not available for such locations.

    No deliveries would be done on National Holidays. The delivery of the same would be done on the next working day. In case of floods/ heavy rains/ National Bandh/election dates/ curfews/ traffic jams/ festival times/regulated traffic movements or any other impediments that may restrict the delivery of the order. FNP reserves the right to reschedule the delivery to another date.

    Delivery to railway stations, Metro stations and airports

    We do not deliver to railway stations, Metro stations and airports.

    Deemed Delivery

    Under any class or category of orders, selected by Customer, FNP will attempt delivery only once. In the event the delivery is not executed, due to following reasons, you shall still be charged for the order and no re-delivery will be possible. We will consider the order executed in the below cases (Deemed Delivery):

    • Wrong shipping/delivery address.
    • Recipient not available.
    • Premises locked.
    • Recipient refusing to accept the delivery.

    In case the recipient is not available at given address, our delivery boy will try to contact User and User can inform the delivery person to deliver the product to the gate/reception/neighbor of Recipient. As it would be a surprise for Recipient, we usually avoid to contact recipient in such circumstances. No request of cancellation, refund or modification would be entertained by FNP, in such cases. So we request you to be sure about the details of recipient and his/her availability before placing the order.

    On successful delivery, FNP’s representative or delivery personnel will request Recipient for an acknowledgement of delivery. In case of refusal by Recipient either to accept delivery or provide acknowledgment, the e-mail issued by FNP to User/Customer on delivery or deemed delivery of Product shall be a sufficient Proof of delivery in case of any dispute with customer.

    Duplicate Orders

    If you have placed two or more identical orders by mistake, please let us know about it. We will give a full refund for the duplicate order, provided that the order has not been prepared or delivered.

    If we find that the same order has been made twice, we will try to contact the customer to confirm the order. If the customer is not contactable, we will take the decision on your behalf and that will be final.

    Payment Terms

    You agree to pay the price applicable and displayed for the product or service on our website at the time you submitted your order (Product Price), the delivery fees for the delivery service you select, if any (Delivery Fees), or any applicable taxes (defined below). You will be solely responsible for payment of all taxes (other than taxes based on FNP's income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the purchase of the products and services (Taxes) not withheld by FNP.

    All payments are non-refundable (except as expressly set forth in the Terms and Conditions). We reserve the right to charge late fees on all due payments equivalent to the lesser of 1.5% per month on the unpaid balance or the highest rate allowed under Applicable Law. You agree to pay for all collection costs, attorney's fees, and court costs incurred in the collection of past due amounts.

    Payment Details

    Order delivery is totally subjected to the payment credited in FNP’s a/c. unless payment is received by us, the order will not be processed.

    FNP accepts payment via Visa, Master Card and paypal.

    You acknowledge that while making transaction on the website, you are not using any Credit or Debit card, fraudulently and you are duly authorize to use such card. You agree to provide accurate and correct information of your card for such transaction. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively yours. FNP doesn’t take the responsibility of any transaction which is processed without your consent and knowledge .The cardholder is solely and totally liable for the transactions and the amount charged on his A/c.

    Credit Card: All Domestic and International cards are accepted.

    User

    https://my.fnp.com can be used by a person who can be legally bound to contract under the Contracts Act, 1950. If you are a minor i.e. under the age of 18 years, you may use website only with the involvement of your parent or guardian.

    Communications

    Subject to terms of use and your registration on our website, you agree to receive communications from us by e-mail, SMS or any other communication made electronically, verbally or physically through post. You agree that all agreements, notices, disclosures and other communications that FNP provides to you by e-mail or in any other aforementioned mediums satisfy any legal requirement that such communications be in writing.

    In some cases, we will be contacting the recipient before delivery. If you wish we do not contact the recipient, please call our Customer Care at +60392121588 and notify them about the same.

    Since we are in an occasion based gifting business, we would like to remind you in future year(s) for the same occasion. You give your consent for us to contact you through SMS, phone call and email on your registered phone number and email id, to assist you with our free Occasion Reminder Service.

    Feedback and Suggestions

    At FNP, we make every effort to ensure that you receive excellent products and services. We strive hard not only meet, but exceed your expectations. If, at any time, you experience problems with an order or are not happy with our services, you can call us on +60392121588 (08:00 hours-22:30 hours, 7 days a week) or write to us at support@my.fnp.com

    Your feedback and suggestions are important to us.

    Note: Complaints need to be made within 48 hours from the time of delivery, after which we will not be able to register any complaints. Complaints against non-delivery needs to be made within 5 days from the date of delivery, after which we will not be able to register any complaints. In case of a defective or damaged product complaint, we will replace it. For quality purpose, we might have to get a reverse pick up done for that product, before we can get a redelivery done.

    Returns and Refund Policy

    We allow refunds in genuine cases. However, in case if a wrong or a defective product has been delivered, do let us know at the earliest. You can write to us at support@my.fnp.com or call us at +60392121588 (08:00 AM-10:30 PM, Monday-Sunday). Our representative will contact you and may ask for some details about the product delivered or defaults therein. We expect your co-operation and support in completing the process and that will allow us to resolve your complaint expediently.

    In genuine cases the company will refund payment for the damaged and/or defective product, only. For the wrong product delivered, company will either replace the product with the right one otherwise refund the amount for the wrong product delivered.

    FNP is not responsible and does not guarantee refund for cases where:

    • Flowers, plants, fruits, sweets, gift products and preserved items are delivered to incorrect address provided by the sender.
    • Unsuccessful deliveries arising from the recipient not being present at the time of delivery at the address provided by the sender or the recipient refusing to accept the delivery.
    • Product quality problems caused by improper handling of the product by the recipient.

    Cancellation of order is allowed if such request is made atleast 24 hours before scheduled delivery date and full refund will be made by FNP in such cases.

    In the event we are unable to supply all or part of your order (the product or any substitute product to you at all), we shall notify you as soon as possible and reimburse your payment for the part undelivered.

    Online refund will process by FNP on confirmation over mail or phone call to the customer or recipient. Once processed by FNP, refund takes 10 to 15 business days to reflect in your account.

    Exchanges

    It will not be possible for us to accept any request for product exchanges.

    Damaged/Defective Products

    We allow refunds in genuine cases. However, in case if a wrong or a defective product has been delivered, do let us know at the earliest. You can write to us at support@my.fnp.com or call +60 392121588 (08:00 hours-22:30 hours, 7 days a week). Our representative will contact you and may ask for some details about the product delivered or defaults therein. We expect your co-operation and support in completing the process and that will allow us to resolve your complaint expediently.

    In genuine cases the company will refund payment for the damaged and/or defective product, only. Subject to the Terms and Conditions, once refund is initiated by FNP, it takes 10-15 business days for the refund amount to reflect in your account.

    Warranty

    • Products can only be returned if they are subject to warranty terms, available under product information on our website. Warranty, against manufacturing defects for the products exists for all orders placed through our website https://my.fnp.com
    • Warranty can be availed only against manufacturing defects and it cannot be claimed for defects due to mishandling of the products or normal wear and tear.

    License

    These Terms provide you with a personal, revocable, non-exclusive, non-transferable license to use this site conditioned on your continued compliance with these Terms and Conditions. You may use this site solely for your personal, non-commercial use, and you may download a single copy of the materials from this site only for personal, non-commercial home use, as long as you agree not to remove any copyright, trademark, or other proprietary notices from the materials downloaded.

    Except as expressly provided herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, deep link, or otherwise use any information or material obtained from or through this site without the prior written permission of the material's owner. As a condition of your use of this site, you warrant to FNP that you will not use this site for any purpose that is unlawful, unauthorized, or inconsistent with these Terms, and you agree that the license to use FNP website will terminate immediately upon your violation of this warranty. FNP reserves the right to terminate your access to this site and its content at any time, with or without notice, at our discretion.

    Fraudulent Transactions

    If FNP found any User involved in any fraudulent transaction on the website, it may recover the cost of Products, collection charges and lawyers fees from persons using the Site fraudulently. Such recovery shall not prejudice the rights with FNP to initiate legal proceeding against such User for his/her unlawful activities.

    Disclaimers, Limitations and Exclusions of Liability

    At https://my.fnp.com (website), we try to give you access of our services for 24 hour on every 7 days of a week. The website may not be available to you from time to time, for reasons including but not limited to unavoidable circumstances or for maintenance purpose. FNP makes no representations about the suitability, completeness, timeliness, reliability, legality in your jurisdiction, or accuracy of the information, materials, products, and services described or contained in this website for any purpose. To the fullest extent permissible by applicable law, FNP disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, system integration, data accuracy, and quiet enjoyment. FNP does not warrant that the website, its servers, or e-mail sent from the website are free of viruses or other harmful components.

    FNP and its affiliates will not be liable for damages of any kind arising from the use of the Website, including, but not limited to direct, indirect, incidental, punitive or consequential damages or special damages, whether or not such damages were foreseeable and even if FNP was advised that such damages were likely or possible. In no event will aggregate liability of FNP to you for any and all claims arising in connection your use on website, the service, the Website, or the products, exceed the greater of (1) MYR 28 (Twenty Eight Malaysian Ringgit only) or (2) the amounts you have paid to company in relation to the service, the products or the usage of the website in the past one month hereunder. You agree and acknowledge that this limitation of liability is an essential term between you and FNP relating to the provision of the Website, the service and the products to you, and FNP would not provide the Website or service or products to you without this limitation.

    This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

    FNP and its affiliates will not be liable for any damages of any kind arising in relation to (1) the use or consumption of products procured / manufactured by third parties or (2) the products delivered to you by any third party. FNP assumes no responsibility for examining or evaluating the products and services offered by them. FNP does not warrant the offerings of, any of these businesses or individuals. FNP does not endorse, in any way, any third party products or services or website’s content thereof. Any claim in respect of the same shall be made directly with the third party.

    If Ferns N Petals is unable to deliver your order, then complete refund will be made. We shall not be liable for any other charges, loss of profits, emotional stress or any other liability etc. caused due to such non-delivery.

    Valentine's Day Disclaimer

    Due to a huge rush in orders during Valentine, the delivery status confirmation by email and SMS may arrive a little later. Our team works very hard to let you know that your order is delivered as soon as we can.

    Our Customer Care team is on toes to ensure that you have a great experience with us. During the Valentine week, they may take a little more time to respond. Kindly be patient. If you have dropped us an email, we ensure it is being reviewed and will be positively answered back.

    Please be aware of our Substitution Policy

    While we make best efforts to ensure we deliver your orders as soon as possible, due to huge rush during the Valentine week, we do not offer any fixed time guarantee. Orders are processed on first come first serve basis, delivery areas and other local conditions.

    For products that are shipped using the services of our courier partners, we are unable to guarantee an exact date/time of delivery during the peak season.

    Indemnity

    You agree to indemnify, defend and hold harmless FNP, its affiliates, and all of their employees, agents, officers, directors, proprietors, partners, representatives, shareholders, servants, attorneys, accountants, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising in connection with (i) your use of and access to the Website (ii) your violation of any term of the Terms of Use and Terms and Conditions (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right (iv) any claim that one of your User Submissions caused damage to a third party and (v) use of the User Submissions by FNP.

    Miscellaneous

    The products, services and the site being offered by FNP hereto are subject to laws of the country of Malaysia. If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time FNP may offer special promotional offers which may or may not apply to your FNP account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by FNP. This t&c and the relationship between you and FNP will be governed by the laws as applicable in Malaysia. Any dispute(s) arising out of this t&c will be handled in the competent courts of Kuala Lumpur. The failure of FNP to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. FNP does not guarantee it will take action against all breaches of this t&c. Except as otherwise, expressly provided in this t&c, there shall be no third-party beneficiaries to this t&c. This t&c constitutes the entire agreement between you and FNP and governs your use of the site, superseding any prior agreements between you and FNP with respect to the site.