The Bespoke Flower Co. Ltd Terms & Conditions

These terms and conditions (the “Terms and Conditions”) are the terms and conditions upon which (“we/us”) make available to you, any of our products and/or services. By paying a booking fee to secure your order, you agree to the following terms and conditions.

1. Products and Services

1.1 All our products are subject to availability. We will aim to notify you in the event of any supply difficulties, we reserve the right to substitute a previously agreed component within a design to one of equivalent value and quality. This includes specific flowers/plants and sundries/props that may not be available. Flowers and plant material are natural products and colours may differ or be unavailable to those agreed, but we will make every effort to source products according to your order. Images used on our website or in our sales literature are for guidance purposes only.

1.2 In the event that we are unable to supply a specific product or service to you in accordance with clause 1.1 above, then we shall notify you as soon as reasonably practicable and where possible we will arrange a substitution to the same value.

1.3 All consultations with you will be made by advance appointment only. Once your order is accepted we will be available to contact by phone and/or email to answer any questions or queries you may have. Additional consultations in person are available, if these consultations take place anywhere other than at our premises in Painswick then we reserve the right to charge you travel expenses at the rate of 65p per mile, per vehicle.

2. Prices and payment

2.1 You will be issued with an initial costs quotation which is valid for 14 days from the date of issue. If you wish to accept our initial costs quotation the payment of a booking fee will secure your booking. The initial costs quotation is an estimate only and is based upon the information you provide to us. If changes are subsequently made to your order or if the cost of the products/services rises, then we reserve the right to amend our costs quotation accordingly. In these circumstances we shall notify you as soon as reasonably practicable and the costs quotation will be revised and reissued to you. In any event, once all the details of your design, the relevant components, products and services are finalised, you will be provided with a revised costs quotation and then an invoice. Our invoice is due for payment in full no later than 4 weeks before the date of your event. Details of how to pay and payment methods are set out on our invoice.

2.2 Orders will not be accepted unless the value of the order placed is above our minimum spend threshold of £1,250 plus VAT. To secure a booking you must pay us a booking fee of £250 plus VAT in cleared funds when you place an order. In addition, you must supply us with your full name address and contact details when placing the order.

2.3 On occasion we accept orders below our minimum spend threshold. However, we are not obliged to do so and any variations to our standard terms are given at our absolute discretion and will be agreed with you in writing.

2.4 We may agree a reduced booking fee of £100 plus VAT for orders that are under the minimum spend threshold, but again this is at our absolute discretion and will be agreed with you in writing at the time of placing your order. In any event all booking fees are non-refundable unless your order is cancelled within 14 days of the date you placed the order (see clause 6).

2.5 Once an order has been placed, any subsequent changes made to that order must be submitted in writing and agreed by us. We will not accept any changes to your order after the revised costs quotation or invoice has been issued without the payment of additional costs. We will, however try to accommodate small changes where possible, but this is at our total discretion

2.6 If your event is postponed due to an event beyond your control (please refer to clause 8), we may invoice you for 50% of the value of your order based on the most recent quotation issued to you. Any payment already paid will be credited to your revised order for your new event date. The balancing payment will then be payable 4 weeks before your new event date. If we do not have availability to transfer your order to your new event date, then save for the booking fee, any payments made will be refunded.

2.7 Full payment for your order must be received in cleared funds to our bank account no less than 4 weeks before the date of your event. Details of how to make payment are set out on our invoice. We reserve the right to cancel your order if cleared payment is not received in accordance with these terms. We are not obliged to pay compensation for any inconvenience caused, and may charge interest at a rate of 4% above the base lending rate of Santander Bank Plc on late payments.

3. Delivery

3.1 We charge for travel at a cost of 65p per mile per vehicle used. This is based on travel from our Painswick premises.

3.2 It is your responsibility to provide us with the correct delivery address and details at the time of placing your order. Please ensure that you, have provided us with full address and telephone details, including accurate postcode of the venue or agreed place of delivery and your contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered. We will not be responsible for delays or failure to deliver due to incorrect information being supplied by you. In addition, please provide us with correct directions to your event venue or delivery location.

3.3 The products will be delivered or set up at a time previously agreed with you. If for any reason we are not able to meet the delivery or set up time, you will be notified as soon as reasonably possible and alternative arrangements will be made if at all feasible. You must provide us with a name and contact telephone number at the time of placing your order so that we may liaise with you as to the delivery and set up.

4. Event set up

4.1 We will deliver your order and set up the arrangements unless otherwise agreed. The cost of any staff required for this purpose will be as set out in the revised costs quotation. We will charge an hourly rate of £15 per hour per member of staff needed to set up/collect from, your event venue. For venues with a travel time of over 60 minutes from our premises, a rate of £30 per hour per member of staff will be charged in addition to the travel costs.

4.2 We do not accept responsibility for any damage caused to the products once we have delivered them/set the arrangements up.

4.3 Once your order has been delivered by our team to the arranged location or venue, we can accept no responsibility for the order or for any failure on your part or on the part of your guests to collect, wear or use any of our products, these include but are not limited to all arrangements, buttonholes or bouquets and they cannot be returned.

4.4 We accept no responsibility for allergic reactions to any of our products or for any consequences if our products are ingested or otherwise misused.

4.5 Due to the perishable nature of our products, flowers must be kept in a cool place, away from direct heat and sunlight. Flowers with no water source (e.g. buttonholes, bouquets) will have a shortened life, and should be kept cool where possible. Should you require vases for bouquets please advise and we will supply these items subject to an additional hire cost.

4.6 We do not accept responsibility for the durability of the products once installed at the venue or once they have been delivered.

4.7 We are not responsible for the transportation of any products once they have been delivered by us i.e. if your guests choose to take them from the delivery venue/location elsewhere themselves.

We will not be responsible for your failure to follow any of our instructions in regard to the care and usage of our products.

5. Limitation of Liability

5.1 We obtained insurance cover in respect of our own legal liability for individual claims. We will not be liable for any claims exceeding the value of your order. You are responsible for making your own arrangements for the insurance of any excess loss.

5.2 The restrictions on liability in this clause 5 apply to every liability arising under or in connection with these terms and conditions including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

5.3 Nothing in these terms and conditions limits any liability which cannot legally be limited, including liability for:

(a)death or personal injury caused by negligence;

(b)fraud or fraudulent misrepresentation;

(c)breach of the terms implied by section 12 of the Sale of Goods Act 1979; or

(d)defective products under the Consumer Protection Act 1987.

5.4 Subject to clause 5.3 our total liability to you shall not exceed the total amount of your order.

5.5 Subject to Clause 5.3, the following types of loss are wholly excluded:

(a)loss of profits;

(b)loss of sales or business;

(c)loss of agreements or contracts;

(d)loss of anticipated savings;

(e)loss of use or corruption of software, data or information;

(f)loss of or damage to goodwill; and

(g)indirect or consequential loss.

This clause 5 shall survive termination of these terms.

6. Cancellation

If you need to cancel your order, then you must notify us in writing as soon as possible. Please refer to the timescales and cancellation charges set out below:-

· 1-14 days from date of order -Booking fee refunded and no further payment required;

· 14 days from the date of order - 9 months before the event date - Booking fee retained, no further payment required;

· 9-1 month before the event date - Booking fee retained, and 50% of the order based on latest quotation issued is payable;

From 4 weeks up to event date: Booking fee retained, and full amount of the order is payable.

7. Complaints

7.1 In the event that you are not satisfied with any product or service, any complaints should be made within 7 working days of the delivery date, to:

Email: info@thebespokeflowercompany.co.uk

Telephone: 01452 649810

Address: 2 Washwell Cottages, Cheltenham Road, Painswick, Gloucestershire, GL6 6SJ

7.2 If any dispute arises in connection with these terms and conditions of business the parties agree to enter into mediation in good faith to settle such a dispute and will do so in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR.

8. Force Majeure

8.1 Neither party shall be in breach of these terms and conditions nor liable for delay in performing, or failure to perform, any of its obligations if such delay or failure results from a force majeure event including, Acts of God, Acts of war or terrorism, epidemics or pandemics (‘Force Majeure Events’). In such cases we will remain in contact with you in the lead up to your event and, if your event is cancelled as a result of a Force Majeure Event, then we will discuss a contingency plan with you. Ultimately, we cannot accept responsibility for Force Majeure Events and if we are prevented from fulfilling your order as agreed as a consequence of such an event then we can only offer a refund of the monies paid for products/services not delivered. Alternatively, we can transfer any payments made by you to a new order for a revised event date provided we are able to fulfil your order on that date. In the event we are unavailable we will refund you for any payments made save for the booking fee.

9. Props, styling and décor

9.1 Items hired or borrowed from us (such as vases, containers, props) shall at all times remain our property. You are responsible for these items during the hire period from the time of delivery until the items are returned to us. All items must be returned in the same condition or a replacement fee for the item will be charged. The hire period for all goods supplied by us will be variable and agreed prior to your event along with details for return/collection.

9.2 We reserve the right to photograph the products ordered by you for use in our advertising or on social media. You agree that we may contact your photographer for professional images to use for this purpose.

9.3 We provide candles with our displays or arrangements, but we do not light them, we therefore do not accept any liability for any damage caused by any lit candles that you choose to incorporate or use as part of the arrangements.

10. General

10.1 We reserve the right to supplement and amend these Terms and Conditions from time to time.

10.2 If you do not sign and return a copy of the Terms and Conditions; your acceptance of these Terms and Conditions will be deemed as given on the payment of the booking fee.

10.3 These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.

10.4 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms and conditions or their subject matter or formation.