1. FLOWERHOUSE (NE) LTD TERMS AND CONDITIONS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
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 and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. ABOUT US AND HOW TO CONTACT US
2.1 We are Flowerhouse (NE) Limited a company registered in England and Wales. Our company registration number is 07299224 and our registered office is at 1 Harper Parade, Hartburn, Stockton on Tees TS18 5EQ
2.2 How to contact us. You can contact us by telephoning us on 01642 588888 or by writing to us at our registered office
2.3 “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 and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number 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.
3.4 Our website is solely for the promotion of our products in the UK. Completion of your order outside of a 10 miles radius of our registered office will at our absolute discretion be carried out by trusted commercial partners.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Hazardous plant material. Please note that some flowers or plants that we use may be harmful or poisonous and toxic if eaten. Your arrangement may contain lily of the valley which is extremely toxic to cats. Do not eat the flowers or plants and keep the flowers or plants away from children and animals. When handling the flowers or plants please use protective gloves and wash your hand before eating and drinking.
4.3 Product quality. Certain types of flowers may be delivered in bud to ensure a longer life.
4.4 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.5 Making sure your measurements are accurate. If we are making the product to the measurements or specification that you have given us, you are responsible for ensuring that these measurements are correct.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us as soon as possible. We will let you know if the change is possible at our absolute discretion. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements, for example, should a type of flower or plant be made illegal; and
(b) to implement minor adjustments, for example to reflect flower and plant availability, without prior notification to you, that will not impact upon the overall compliance of any product ordered with its description or the service that we provide.
(c) More significant changes to the products. In addition, as we informed you in the description of the product on our website, we may make changes to the product where there is difficulty in supply of the product and we reserve the right to substitute the product with a similar alternative of the same value and quality, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. PROVIDING THE PRODUCTS.
7.1 Delivery costs. The costs of delivery will be as displayed on our website.
7.2 When we will provide the products.
(a) If the products are goods. If the products are goods we will deliver them to the address stated on the order to be the delivery address (“the delivery address”) as soon as reasonably possible and wherever possible on the date specified by us upon acceptance of your order (“the delivery date”). Time in relation to this contract, however, shall not be of the essence unless that is agreed between us in writing, and in any event delivery within 7 days of the delivery date shall be considered compliance with the contract.
(b) If the products are one-off services. The estimated delivery date of the services will be supplied by us to you when you confirm your order.
(c) If the products are ongoing services or a subscription to receive goods. We will supply the services or goods to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 8.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 Collection by you. If you have asked to collect the products from our premises, you can collect them from our registered office at any time during our working hours of 8.30 am to 5.30 pm Monday to Friday and 9.00 am to 5.00 pm on a Saturday.
7.5 If you (or your intended recipient) are not at the delivery address when the product is delivered. If no one is available at the delivery address to take delivery and the products cannot be posted through a letterbox, we will leave a note informing you or the intended recipient of how to rearrange delivery, or collect from our registered office. You may instruct us, within your order to attempt to leave the products with a neighbour or in a place designated at the delivery address where the product may be left in your or the intended recipient’s absence. We will use reasonable efforts to comply with those instructions prior to returning the products to the registered office.
7.6 If you do not re-arrange re-delivery or collection. In the event that delivery was not possible and if you do not arrange for re-delivery or to collect the products from us we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.7 If you do not allow us access to provide services. If you do not allow us access or arrange for us to have access to the property at which the services are to be delivered (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access the property we may end the contract and clause 10.2 will apply.
7.8 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the delivery address or the time that we deliver the product in accordance with clause 7.5or the product is collected from us.
7.9 When you own goods. You own a product which is goods once we have received payment in full.
7.10 Your rights if we cannot supply the product. In the event that we are unable to supply all or part of your order without the option for a suitable substitute, we will notify you in writing as soon as possible to advise you of this. We will refund your payment no later than 30 days after the scheduled deliver/collection date.
7.11 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.4) we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).
8. YOUR RIGHTS TO END THE CONTRACT
8.1 For the supply of goods. If, for any reason, you wish to change or cancel your order you can do so, subject to clause 8.2, by giving notice to us in accordance with clause 9. Please give at least 48 hours’ notice before the delivery date. It is not possible to cancel or change your order within 48 hours of the delivery date. An order made and accepted within 48 hours of the delivery date cannot be cancelled.
8.2 We regret that you may not be able to cancel an order for:
(a) perishable goods once your order has been prepared for delivery;
(b) customised goods if, at the time you seek to cancel, customisation has begun.
8.3 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the product which you do not agree to (see clause 6.1(b));
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.4 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. If the contract is for the supply of goods liable to deteriorate or expire rapidly (such as flowers) then you do not have the right to change your mind and termination of the contract can only take place in accordance with clause 8.1 to 8.3 above.
8.5 You also do not have a right to change your mind in respect of:
(a) services, once these have been completed, even if the cancellation period is still running;
(b) any products which become mixed inseparably with other items after their delivery.
8.6 For the supply of services If, for any reason, you wish to change or cancel your order you can do so, subject to clause 8.2, by giving notice to us submitting the cancellation form (Schedule 1) or by contacting us in writing or by telephone. You have 14 days after the day we email you to confirm we accept your order to cancel the supply of services. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call us on 01642 588888 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Simply write to us at our registered office including details of what you bought, when you ordered or received it and your name and address.
9.2 Any refunds due to you following termination of the contract will be made by the method you used for payment. However, we may make deductions from the price, as described below.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for supply of products and/or services at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
(d) you do not, within a reasonable time, allow us access to your premises to supply the services
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop supplying the product. We will refund any sums you have paid in advance for products which will not be provided as a result of ceasing supply.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us using the contact details provided at clause 9.1 above.
12. PRICE AND PAYMENT
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
12.4 When you must pay When you must pay depends on what product you are buying:
(a) For goods ordered online, you must pay for the products at the time the order is made and before we deliver them.
(b) For services, We will invoice you for the the price of the services and reserve the right to require you to make an advance payment of no more than 25% of the total price of the services before we start providing them. The remainder of the price will be required when we have completed the services or will be payable in accordance with a payment schedule of invoices agreed between us in writing. You must pay each invoice within 14 calendar days after the date of the invoice.
12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Rights Act 2015.
13.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
13.4 Limitation of liability for loss or damage suffered by you. Save for liabilities that we are by law unable to exclude our liability for any loss or damage suffered by you shall be limited to in the first instance delivery of a replacement productand if that is not possible to the value of the total amount paid to us by you in accordance with this contract.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 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.
15. OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms
15.3 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.
15.4 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.
15.5 These terms are governed by the laws of England and Wales and the courts of England and Wales have exclusive jurisdiction to determine issues arising from this contract.
Schedule 1 Wedding Terms and Conditions
1. Initial consultation. After your initial consultation a quotation for the cost of your wedding flowers will be sent to you. This will be a guide price based upon your selection of our products at the consultation and the cost of our products at the time of the consultation and may be subject to change. Quotations will remain valid and available for acceptance for a period of 28 days during which period, save in exceptional circumstances, the cost of the wedding flowers will be fixed.
2. Securing your wedding date. In order to secure your wedding date you will need to sign and return the quotation in confirmation of your order and pay a deposit of £100.00. This should be paid on acceptance of the consultation quotation. The deposit will be deducted from your final invoice. If you cancel your wedding the deposit will not be refunded. If you postpone your wedding the deposit will be held until the final invoice for your rearranged wedding date is delivered.
3. Final consultation. Once your wedding date has been booked and confirmed with us you should arrange a detailed consultation 4-6 weeks before your wedding date to confirm your requirements for flowers and/or our dressing of the wedding venue and to advise of any changes.
4. Billing. You will receive the final invoice for your wedding flowers and/or our dressing of the wedding venue after the final consultation, and before your wedding. Payment in full of the final invoice is required at least 14 days prior to your wedding date.
5. Order amendments. We are happy, wherever possible, to accommodate amendments to the order up to the date when the flowers must be ordered taking into account your wedding date. All amendments to the order should be made in writing or by email to firstname.lastname@example.org by the bride or groom or other person specifically authorised in writing by the bride or groom). Your flowers are ordered at least 14 days prior to your wedding date (this can vary depending upon the type of flower). Changes to the order made before the flowers are ordered may result an amendment to the cost quoted and to the final invoice payable. If you wish to make any changes to your order after the flowers have been ordered, and we agree to make those changes, you will be liable for payment of the final invoice together with any additional charges arising from the changes made.
6. Acceptance of Flowers. Upon delivery of your flowers to your venue we require a signature from you (bride or groom) or a person authorised by you in writing to confirm that the delivery is acceptable and correct. Any queries must be raised within 1 hour of delivery.
7. Dressing of Venue. If you have engaged us to arrange the floral displays at your wedding venue (in addition to the provision of the flowers themselves) then we will require access to all relevant areas of the wedding venue on the wedding date at least 2hours prior to the time that the wedding guests are due to arrive. You should specify during the final consultation meeting whether or not your require this service and the time by which the venue will be available to allow us to commence work.
8. Cancellation Policy. You are entitled to cancel your contract with us at any time, however, you will remain liable for payment in relation to our goods and services as follows:
• following confirmation of the order by receipt of the signed quotation and payment of the deposit the deposit is non-refundable;
• if you cancel after the final consultation and delivery of the final invoice but more than 14 days before the wedding the deposit is non-refundable and payment of up to 50% of the final invoice will be due and payable;
• if you cancel 14 days or less before the wedding date the deposit will be non-refundable and the full balance of the final invoice will be due and payable.
9. Payment and Price. You are referred to clause 12 of the above standard terms and conditions available also at www.flowerhouseuk.com.