the small print…
1 These terms
1.1 What these terms cover. These are the terms and conditions on which we supply our products and services to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how either party above may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We refers to greenery florist, a sole trader established in England and Wales.
2.2 How to contact us. You can contact us by calling 07825 630524 or by writing to us at email@example.com or 25 Archery Road, Middleton Cheney, OX17 2QR.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing.
3.3 Your order reference. We will assign an order reference to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our flowers and services
4.1 Making sure your order is accurate. All flower arrangements are bespoke and handmade to your requirements. It is your responsibility to provide us with accurate and correct information as to your requirements.
4.2 Our flowers, plants and foliage. Flowers, plants and foliage are natural items, affected by climate and environment conditions; therefore we cannot guarantee the exact colour, shape or size of any particular flower, plant, foliage or other natural item ordered by you. Whilst we use our best endeavours to provide you with pictures of different options and ideas during your initial consultation, please note these must be considered as examples only.
4.3 Flower Availability. Despite our best endeavours, we cannot guarantee flower availability.
4.4 Substitutes. If your order cannot be met due to certain flowers, plants or foliage not being available, we shall use substitute flowers, plants or foliage which we consider to complement your order. Please inform us in writing if any element of your order is appropriate for substitution.
4.5 Prop Hire. We offer a range of props which are available for hire. Depending on the nature of your order, we shall explain the props we have available during your initial consultation. If you are interested in hiring any of our props we shall set out the individual hire fee and deposit in our quote together with any special terms and conditions which relate to the hire of such items. Any props hired shall remain our property at all times.
5. Placing an order
5.1 Initial Consultations. Before placing an order, we will undertake an initial consultation. The purpose of the initial consultation is for us to discuss your requirements which will enable us to complete your order form.
5.2 Order form. Following your initial consultation we shall send you a copy of the order form and our quote.
5.3 Accepting the quotation. Upon receipt of our quote and order form, if you are happy with our proposal you will need to accept the quote by signing and returning one copy of the quote together with payment of the deposit.
5.4 Changing your order before accepting our quotation. We endeavour to work with you to meet your requirements, therefore, if you would like to discuss or change your order once you receive our quote (but before you accept it) please contact us. We will let you know if the change is possible and if there are any changes to the price, the timing of supply or anything else which would be necessary as a result of your requested change. We shall then send you a new order form and quote. If you are happy with this, you will need to accept the quote as set out above.
5.5 Deposit. When you return your signed quote in accordance with clause 5.3 above we require payment of a non-refundable deposit. This will be 20% of the total price.
5.6 Final Confirmation. Due to the limited time frame in which we are able to order your flowers prior to your event/order date, we shall contact you four (4) calendar weeks before the date of your event/order date. The purpose of contacting you at this stage is so that:
(a) you can confirm your order has not changed. If it has not, we shall invoice you for the outstanding price which shall be payable in accordance with clause 6 below. If your order has changed, you will need to inform us of the changes as soon as possible in order for us to advise whether or not we are able to meet your new requirements;
(b) we can inform you if your order can be met. If it can, we shall invoice you for the outstanding price which shall be payable in accordance with clause 6 below. If we cannot meet your order and we cannot offer you any substitutes/you are not agreeable to any proposed substituted, this contract shall come to an end.
6.1 When is payment of the outstanding amount due? When we contact you for final confirmation of your order as set out above, if you confirm your order, we shall send you an invoice you for the outstanding amount. We require full and final payment (in cleared funds) to be made 14 calendar days before your event. If we do not receive full and final payment within this timescale we cannot guarantee your order will be ready for delivery on your event/order date. If order is required in under 14 days full payment is due at point of order.
6.2 Where to find the price for the product or service. The price of the product or service (which includes VAT) will be the price indicated on the quote when you placed your order.
7. Cancelling your order
7.1 Within 24 hours of placing your order. Full deposit is refundable. After 24 hours has passed the deposit becomes completely non-refundable.
8.1 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at a time and date to be agreed between us or specified in the order form.
8.2 Delivery by us. If we have agreed to deliver the products to you, we will deliver the products to the delivery address at the delivery date and time set specified in the order form. The costs of delivery will be included within your quote.
Adverse weather conditions may prevent the delivery of orders. In such circumstances we do not accept any responsibility for late delivery and no refund or alternative delivery will be offered.
We shall not be liable for late or non-delivery of any order if the delay or failure results from any of the following: (i) Acts of God, (ii) outbreak of hostilities, riot, civil disturbance, acts of terrorism, (iii) the act of any government or authority (including refusal or revocation of any license or consent), (iv) fire, explosion, flood, fog or adverse weather, (v) power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles, (vi) default of suppliers, sub-contractors or delivery partners, (vii) theft, malicious damage, strike, lock-out or industrial action of any kind, and (viii) any other cause or circumstance whatsoever beyond our reasonable control.
8.3 You shall own and be responsible for the goods upon delivery.
9. If there is a problem
How to tell us about problems. If you have any questions or complaints, please contact us. Our contact details are set out in clause 2.
10.1 Candles. Whilst we provide candles, candle vessels and arrangements featuring candles, in no circumstances do we recommend candles are lit. All candles, candle vessels and arrangements featuring candles provided by us are for decorative purposes only and if you light any candles or place lit candles in any candle vessels or arrangements provided by us, this is done at your own risk. We accept no liability for any loss or damage suffered as a result.
10.2 Wash hands after touching. Plants, flowers and foliage can be toxic. We strongly advise washing any body part that has come in to contact with flowers, plants and or foliage and or any arrangements containing natural items. We strongly advise flowers, plants and foliage should be avoided by children and animals. We accept no liability for any loss or damage suffered as a result.
10.3 Using flowers, plants and foliage on food. Plants, flowers and foliage can be toxic. We strongly advise flowers, plants and or foliage are not placed on any food or in any drinks intended for human consumption. We accept no liability for any loss or damage suffered as a result. Flowers and foliage used on cakes are done so at your own risk.
10.4 Damage to clothing. Products must be handled with care to ensure that damage is not caused to clothing. Some flower pollen can stain fabric. Care must also be taken with pins provided with buttonholes and moisture remaining on stems of bouquets.
11.1 Circumstances where we will not be liable. We will not be liable for any loss you suffer through failure to use the Products in a normal and proper manner or through altering or modifying the Products, failure to follow any guidelines or using the Products in a careless or negligent manner.
11.2 Our liability to you. Our liability to you for death or personal injury caused by our negligence is not limited.
11.3 Our liability to you. Our liability to you for foreseeable loss and damage caused by us, other than for death or personal injury caused by our negligence, is limited to the cost of replacement of the Products or refund of the price paid for the Products.
11.4 We will not be responsible for:
(a) any other loss you suffer through our failure to comply with the terms of this contract. In particular we will not have any liability for any loss that was not a reasonably foreseeable consequence of our failure to comply with the contract such as any loss of profit, opportunity or liability to any third party; or
(b) any failure to deliver Products or delay due to any event or circumstance beyond our reasonable control.
12. How we may use your personal information
12.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
12.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
13. Other important terms
13.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
13.4 Applicable Law. These terms are governed by English law. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.