Terms of service

SECTION 1 – GIFT PLANS

1.1 A Gift Plan is a prepayment for future deliveries of flowers or gifts, with payment made either in full or by agreed instalments. It is not a savings product, investment, insurance policy, or funeral plan.

1.2 Unless purchased as a Memorial Gift Plan under Section 1.4, a Gift Plan is activated after the purchaser’s death by one or more of the following methods. Purchasers may use multiple activation methods to maximise reliability:

Will, Codicil, or Instructions: The purchaser includes wording in their Will, in a codicil, or in written instructions kept with their important documents (e.g. alongside life insurance or funeral plans). Evermore provides suggested wording for this purpose. You may share it with your solicitor or will-writer if you have one, but professional legal advice is optional.
Nominated Person(s): At the time of purchase, the purchaser nominates one or more trusted individuals (recommended to be significantly younger and in good health) to notify Evermore when the purchaser passes away. Evermore will provide each nominated person with the activation code to keep safe until required.
Sealed Letter: After purchase, Evermore provides the purchaser with a sealed letter containing the activation instructions and activation code. The purchaser should store this letter with their important documents (e.g. alongside their Will or life insurance papers). When their estate is being managed, the letter can be found and used to activate the Gift Plan.
Funeral Director Notification: If you purchased through, or were referred by, a funeral director, you may authorise them to notify Evermore when you pass away so that your Gift Plan can be activated.

Activation occurs when Evermore verifies a valid activation request and sends confirmation to the nominated contact or recipient by email or other written communication.

1.3 Evermore will assist purchasers by issuing activation codes and, if needed, replacing lost or misplaced codes. However, it is the purchaser’s responsibility to ensure that their chosen activation method(s) are correctly put in place and accessible at the time of their death. Evermore will not be responsible where activation fails due to inadequate arrangements made by the purchaser.

1.4 Memorial Gift Plans (purchased after an honouree’s passing)
In some cases, a purchaser may choose to buy a Gift Plan in memory of someone who has already passed away (the “honouree”), so that gifts are delivered to a chosen recipient as an expression of the honouree’s continuing love and presence. In this case:

The Gift Plan is activated immediately following purchase, and no activation code or process under Section 1.2 is required.
The purchaser remains the contracting party with Evermore and is responsible for payment and compliance with these Terms.
If the recipient later passes away or chooses not to receive further deliveries, any applicable refund will be made to the purchaser (in accordance with Section 2) rather than being donated to charity.

1.5 Purchasing on behalf of another (living) honouree
A purchaser may buy a Gift Plan on behalf of another individual who is living at the time of purchase (the “honouree”), so that deliveries begin following the honouree’s passing rather than the purchaser’s. In this case:

The purchaser remains the contracting party with Evermore and is responsible for payment and compliance with these Terms.
Activation of the Gift Plan will be linked to the honouree’s passing, using one or more of the activation methods described in Section 1.2.
If, after activation, the recipient passes away or chooses not to receive further deliveries, any applicable refund will be made to the purchaser (in accordance with Section 2) rather than being donated to charity.

SECTION 2 – REFUNDS AND CANCELLATIONS

2.1 Cooling-off period: If you change your mind within 14 days of purchase, you are entitled to a full refund.

2.2 In addition to your statutory 14-day cooling-off rights, and subject to Sections 2.5 and 1.6, Evermore voluntarily allows you to cancel your Gift Plan at any time before it is activated and receive a full refund of any amounts paid to date. Refunds will not include interest or any adjustment for inflation. Memorial Gift Plans purchased under Section 1.4 are activated immediately upon purchase, and accordingly only the statutory right under Section 2.1 applies to them.

2.3 For Memorial Gift Plans (purchased after an honouree’s passing), any applicable refund will be made directly to the purchaser in accordance with this Section.

2.4 If the intended recipient passes away before the purchaser, the purchaser may cancel the plan and receive a full refund without needing to provide evidence of the recipient’s death.

2.5 If the purchaser has passed away, the Gift Plan can no longer be cancelled for a refund, even if activation has not yet occurred. In such cases, the plan remains available for activation under Section 1.2. Any outstanding payment obligations will continue to apply in accordance with Section 5 of these Terms.

SECTION 3 – RECIPIENT PASSING OR INABILITY TO RECEIVE

Section 3 applies to standard Gift Plans unless otherwise stated; for the exceptions applicable to Memorial Gift Plans (Section 1.4) and plans purchased on behalf of a living honouree (Section 1.5), please see those sections.

3.1 If the recipient of the Gift Plan passes away after the plan has been activated and while deliveries are ongoing:

The remaining unused value of the Gift Plan will be calculated on a pro rata basis. For example, if the plan was for 20 total deliveries and the recipient passes away after 10 deliveries, 50% of the total plan price will be considered unused.
This unused portion will be donated by Evermore to the charity nominated by the purchaser at the time of purchase.
If the nominated charity no longer exists at the time of donation, Evermore will select an alternative charity with a similar purpose at its discretion.

3.2 If the recipient chooses not to receive further deliveries, they may notify Evermore. In such cases, the remaining unused value of the Gift Plan will be donated by Evermore to the purchaser’s nominated charity, minus a cancellation fee of 10% of the unused value (capped at £100) to cover administrative costs.

3.3 Each delivery made under the Gift Plan will include a card with Evermore’s contact details, so that the recipient (or their family) can notify Evermore of any changes to delivery address or, if relevant, of the recipient’s passing or decision to discontinue receiving deliveries. Evermore may request reasonable proof of a new address before continuing deliveries.

3.4 Evermore makes any donations to charity under these Terms as part of its service. Such donations are not made directly by the purchaser or from the purchaser’s estate, and do not form part of the purchaser’s estate for inheritance tax purposes. For clarity, donations under Section 3 are calculated by reference to the Gift Plan price and may be funded in part from amounts other than the Fulfilment Funds (including Evermore’s own funds).

SECTION 4 – SAFEGUARDING OF GIFT PLAN FUNDS

4.1 For each Gift Plan sold, Evermore calculates the estimated cost of fulfilling the future deliveries included in that plan (the "Fulfilment Funds").

4.2 As soon as reasonably practicable after payment is received, the Fulfilment Funds are transferred to a separate account, held apart from the account Evermore uses for its day-to-day trading. We refer to this as ring-fencing.

4.3 It is Evermore's policy that Fulfilment Funds are not used for the general operating costs of the business. They are held in cash, or in low-risk and readily accessible deposits, on a capital-preservation basis.

4.4 Fulfilment Funds may be used solely for:
(a) fulfilling deliveries under the relevant Gift Plan;
(b) where fulfilment is no longer possible, refunding any applicable amount to the purchaser or, if the purchaser has passed away, to their estate; and
(c) where applicable under these Terms, contributing to a donation to the purchaser’s nominated charity in accordance with Section 3.

4.5 Evermore maintains a record for each Gift Plan showing the amount set aside and the deliveries still outstanding.

4.6 Any portion of the purchase price which exceeds the Fulfilment Funds represents Evermore’s fee for planning, administration, coordination, and ongoing management of the Gift Plan, and is generally earned upon purchase. However, Evermore may still apply a proportionate part of the overall Gift Plan value toward refunds or charitable donations in the circumstances described in these Terms (including Section 3).

4.7 Gift Plans are not savings products, investments, insurance policies, or funeral plans. They are not regulated by the Financial Conduct Authority (FCA) and are not covered by the Financial Services Compensation Scheme (FSCS).

4.8 Ring-fencing is an operational commitment Evermore makes and follows, rather than a trust. We keep this under review and intend to put a more formal arrangement in place as the business grows. You may cancel at any time before your plan is activated and receive a full refund under Section 2.

SECTION 5 – PRICES AND BILLING

5.1 Prices

All prices for Gift Plans are shown in pounds sterling (GBP).
Prices are inclusive of all applicable taxes at the rate in force at the time of purchase.
Delivery charges are already included in the price of each Gift Plan, unless we clearly state otherwise at the time of purchase.

5.2 Price changes and promotions

We reserve the right to change our prices, discounts or promotions at any time without notice.
The price you are charged will always be the price in effect at the time you place your order, as confirmed in your order confirmation email.
From time to time we may run promotions or special offers which are governed by separate terms and conditions. If there is a conflict between those terms and these Terms of Service, the promotion terms will apply.

5.3 Payment information

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made with Evermore.
You must promptly update your account and other details, including your email address and payment information, so that we can complete your transactions and contact you as needed.

5.4 Payment authorisation

By placing an order, you represent and warrant that:

(i) the payment information you provide is true, correct, and complete;

(ii) you are duly authorised to use the chosen payment method;

(iii) charges incurred by you will be honoured by your payment provider; and

(iv) you will pay the posted prices for your order, including any applicable taxes and fees.

5.5 Instalment payments

Where offered, you may choose to pay for a Gift Plan either in full at the time of purchase or by equal monthly instalments over an agreed period.

Instalment options are provided as a payment convenience only. Choosing to pay by instalments does not change the total price of the Gift Plan, and no interest is charged on instalment payments.

By selecting an instalment option, you agree to pay the full price of the Gift Plan over the agreed instalment period.

If the purchaser passes away before all instalments have been paid, any remaining balance will form part of the purchaser’s estate and will be payable from the estate in the usual way.

A Gift Plan will be considered fully secured once payment has been received in full.

SECTION 6 – SHIPPING, DELIVERY AND TITLE

All information regarding the scheduling, process, costs, and conditions of deliveries is set out in our Shipping & Delivery Policy, which forms part of these Terms of Service and is incorporated by reference. By purchasing a Gift Plan or using our Services, you agree to the terms of the Shipping & Delivery Policy.

The Shipping & Delivery Policy is available here.

SECTION 7 – ALCOHOL & AGE VERIFICATION

7.1 Some Evermore hamper configurations may include alcohol as an optional element. Alcohol is not automatically included in all Gift Plans and will only be supplied where expressly selected and agreed with the purchaser during consultation.

7.2 The sale and supply of alcohol by Evermore is strictly limited to persons aged 18 years or over and is subject to our Alcohol & Challenge 25 Policy, which forms part of these Terms of Service and is incorporated by reference.

7.3 By purchasing a Gift Plan that includes alcohol, you represent and warrant that:

(i) you are aged 18 years or over; and
(ii) the intended recipient of any alcohol included within the Gift Plan is aged 18 years or over.

7.4 Evermore reserves the right to verify the age and date of birth of both the purchaser and the intended recipient before supplying alcohol. If age verification requirements are not satisfied, Evermore may refuse to supply, remove, or substitute the alcohol element of the Gift Plan without liability.

7.5 Deliveries containing alcohol may require proof of age upon delivery. If valid identification is requested and not provided, the alcohol element of the order may be withheld or returned in accordance with our Alcohol & Challenge 25 Policy and Shipping & Delivery Policy.

7.6 Full details of our age verification procedures are set out in our Alcohol & Challenge 25 Policy, available on our website.

SECTION 8 - THIRD-PARTY TOOLS

You may be provided with access to third-party tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

Evermore is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Evermore. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Evermore, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Evermore.

SECTION 11 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 12 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a worldwide, royalty-free licence (which may be sublicensed) to use, reproduce, modify, publish, distribute and display such Feedback in any medium for the purpose of operating, providing, and improving our Services.

You also represent and warrant that:

(i) you own or have all necessary rights to all Feedback;

(ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and

(iii) your Feedback will comply with these Terms.

We are under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but are not obliged to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 14 – PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:

(a) for any unlawful or malicious purpose;

(b) to violate any applicable local, national, or international laws or regulations;

(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or otherwise mistreat any of our employees or any other person;

(e) to transmit false or misleading information;

(f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;

(g) to transmit, or procure the sending of, any advertising or promotional material without our prior consent, including any unsolicited communications (“spam”);

(h) to impersonate or attempt to impersonate any other person or entity; or

(i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Evermore, Shopify, or users of the Services, or expose them to liability.

In addition, you agree not to:

(a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services;

(b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services;

(d) use automated means to scrape, crawl, or harvest content from the Services; or

(e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

Except as expressly stated by Evermore, the Services and all products offered through the Services are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of satisfactory quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free. Some jurisdictions do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you in part.

SECTION 17 – LIMITATION OF LIABILITY

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability which cannot be limited or excluded by law.

To the fullest extent permitted by law, in no case shall Evermore, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Evermore, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defence of indemnified claims, including by providing relevant documents.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22– GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales. If you reside in Scotland or Northern Ireland, your statutory consumer rights under the laws of those jurisdictions will also apply.

You and Evermore agree that the courts of England and Wales shall have exclusive jurisdiction to settle any disputes arising out of or in connection with these Terms or the Services.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at contact@evermore.uk.

Our contact information is posted below:

Evermore Gifting Ltd

1 Malkins Way

Birmingham

B46 2BW

United Kingdom

Email: contact@evermore.uk

Company Number: 16451055