1. Information about us
(a) Who we are: We are Joanne Elizabeth Hartley (Liz) and Joanne Procter (Jo) trading in partnership as “Bloom & Green Floral Design” and our address is Mill Hey Barn, Sawley Road, Chatburn BB7 4LD.
(b) How to contact us: You can contact us as follows:
Liz: email@example.com/07778 615145; and
Jo: firstname.lastname@example.org /07766 015550;
or by post at the address stated above.
(c) 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 have provided to us during consultation or the order process.
(d) "Writing" includes emails: When we use the words "writing" or "written" in these terms, this includes emails.
2. Consultations and Quote
(a) Our consultations are free, but by appointment only.
(b) Your initial quote will normally be provided by email.
(c) A quote is not an offer capable of acceptance by you to form a legally binding contract. A contract will only come into effect once we accept your order in accordance with the next section “Our Contract with You”.
(d) Your quoted prices are valid for 14 days from the date they are first sent to you, if you choose to book after this time there may be a need to re-quote.
(e) Any variances to these prices due to a quote being over 2 years in advance of the scheduled wedding date will be advised in your individual quote and set out in the contract.
3. Our Contract with You
How we will accept your order: Our acceptance of your order will take place when we write to you to accept it with an order confirmation, at which point a contract will come into existence between you and us subject to these terms and the deposit will become payable.
If we cannot accept your order: If we are unable to accept your order for any reason, we will inform you of this in writing as soon as possible and in that case we will not make any charge.
(a) If you wish to make amendments to the contract we are happy to chat these through with you on the phone and we will then confirm any changes agreed in writing via email.
(b) We request that final details of your flowers should be agreed at least 4 weeks before the scheduled wedding date, before the balance is settled. As flowers normally need to be ordered at least 10 working days in advance of your scheduled wedding date, it may only be possible to accept minor changes after this time.
(c) Flowers are a naturally grown and seasonal product and so we cannot always guarantee a particular product for which you may have expressed a preference or we have recommended will be available when we are ordering your wedding flowers or that the cost will not be unreasonably high due to a shortage of supply. Therefore in such cases we reserve the right at our discretion to substitute different but similar flowers for those we would have otherwise normally ordered.
5. Price & Payment
(a) The total contract price will be as set out in our order confirmation. This price is inclusive of delivery and set up costs.
(b) When a scheduled wedding date is booked with us, a deposit of £200 is required. The deposit is subtracted from your final bill. This deposit will secure your wedding date with us.
(c) Full payment is required 4 weeks before the scheduled wedding date. We reserve the right to cancel the order of all flowers and the contract itself if payment is not received by this date. We are not obliged to offer you compensation for any inconvenience you may suffer as a result.
Hired Items: Our prices include hire of any vases, arches, stands and urns we are supplying including delivery and set up of those items.
(e) You will be responsible for the safe keeping of such items whilst they are on hire to you and if any become damaged, broken or lost during the hire period, we will be entitled to make a reasonable charge for their replacement.
6. Delivery & Set Up
(a) We will deliver your flowers (and any hired items) on the morning of your wedding or at such other time as may be agreed at the agreed place. For larger events we may bring in freelance assistants to ensure a smooth set up.
(b) Please check your flowers (and any hired items) are in line with your order and let us know if you think there any discrepancies within 30 minutes of delivery or completion of set up (where applicable). Regrettably we cannot offer any replacements or refunds if we are not informed of any discrepancies within this period.
(c) Due to the perishable nature of our products, you will be advised upon delivery how to store/care for your flowers which advice you should follow in order to achieve the best results. Usually, the instruction will be to keep the product in a cool place, away from draught, heat or strong fumes and, if it is a Bridal bouquet or Bridesmaids’ flowers, in its packaging, jar or vase until you are ready to leave for the ceremony.
(d) Deliveries within the Ribble Valley are free. We deliver further afield at a cost of 45p per mile using Google Maps to measure the return journey from our address plus an agreed rate per hour driving time as stated. These charges will be shown in your initial quote and order confirmation where applicable.
Removal of all flowers from the venue is your responsibility unless previously arranged and included in your order confirmation.
7. Limitations and Exclusions of Liability
(a) 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 when providing our services, but we are not responsible for any loss or damage that is not foreseeable, that is due to your own negligence or failure to follow our advice/recommendations or which is specifically excluded in paragraph (e) below in this section. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if we specifically discussed it with you during consultation or the order process.
(b) 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; liability to supply products of satisfactory quality; liability to supply our services with reasonable skill and care; and liability for defective products under the Consumer Protection Act 1987.
(c) When we are liable for damage to property. We will make good any damage to property caused by us while providing our services.
(d) We are not liable for business losses. We only supply to private individuals, not business customers. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising from such use.
(e) We are not responsible for the following (unless due to our own negligence):
Any injury, loss or damage sustained from broken glass or other materials we may supply including dye used to colour flower water.
Any injury, loss or damage sustained from flames or lit candles at an event. On request, we can provide candles and candle vessels but it is not our responsibility to light candles and this will usually be the responsibility of the caterer and/or venue staff.
Failure to collect, wear or use any arrangements for specific use by the bridal party, i.e. buttonholes or bouquets, once they have been left by us at the agreed place. Any oversight to correctly collect and, for example, pin on buttonholes on behalf of the wedding party as a whole, or by an individual, remains the responsibility of the wedding party and/or individual concerned.
(a) If you wish to cancel the contract at any time before your scheduled wedding date, you should notify us as soon as possible.
(b) If you cancel the contract, we will be entitled to retain the deposit and in addition make a charge of a percentage of the total price calculated as shown below depending on the date on which you cancel the contract and whether we can secure a replacement booking. These amounts represent our reasonable estimate of compensation properly due to us for the net costs/loss of profit we would expect to incur as a result of your cancellation if we are unable to secure a replacement booking. Once a scheduled date has been booked with us, we reserve that time and date exclusively for you and nobody else. As wedding arrangements are generally booked at least 1 year in advance, that means the later you leave it to cancel, the less likely it is we will be able to secure a replacement booking for that date and time.
(c) Our cancellation rates are as follows:
6 months or more before the wedding date – deposit retained only (any other monies already paid will be refunded) whether or not we are able to secure a replacement booking;
Between 3 and 5 months before the wedding date – deposit retained & up to 25% of total price (net of any deposit and any other monies already paid) payable;
Between 4 weeks and 3 months before the wedding date – deposit retained & up to 50% of total price (net of any deposit and any other monies already paid) payable; and
(d) Cancellation charges are due and payable on presentation of our invoice for the charges.
During the last 4 weeks before the wedding date – deposit retained & up to 75% of total price (net of any deposit and any other monies already paid) payable.
(a) If you postpone your wedding, you should notify us as soon as possible. Subject to your agreement we will hold your deposit and any other monies paid by you pending a new date being agreed. Your deposit and any other monies paid would then be transferable to the new agreed date if we confirm that we can fulfil the contract on that date. We would ask that you liaise with us when choosing the second date and we will be as flexible as we reasonably can in terms of finding a mutually acceptable new date.
(b) The deposit would be retained and non-refundable if a new date cannot be agreed within a reasonable period of time and in any event within 3 months of us first being notified of the postponement.
(c) If a new date cannot be agreed within that period and monies in addition to the deposit have already been paid, the wedding will be treated as having been cancelled at the end of such period and the cancellation terms in section 8(b) will then apply.
(d) There is no additional charge for a postponement but if the new date will be in a different year than the original date, we reserve the right to re-quote as prices are likely to have changed in the interim and the variety of flowers available may also differ depending on the season.
(e) If you postpone the wedding date more than once and we agree a further new date, we will be entitled to make a postponement charge of £150 as compensation for the net costs we will incur as a result of having to reorganise our own schedule.
10. Events outside our Control
(a) We cannot be held responsible for events outside our control.
(b) If our performance of the contract is likely to be adversely affected by an event outside our control then we will contact you as soon as possible to let you know and we will take what steps we reasonably can to minimise any potential adverse effect on your wedding. Provided we do this we will not be liable for any non-performance of our obligations caused by the event, but if there is a significant risk of your wedding not being able to take place because of the event, you may contact us to end the contract and receive a refund for any products and services you have already paid for but not received.
A non-exhaustive list of events outside our control is as follows:
extreme adverse weather conditions;
collapse of buildings, breakdown of plant or machinery, fire, explosion or accident at the chosen venue;
material interruption or failure of supply in UK wholesale flower markets and/or strikes, industrial action or lockouts affecting those markets;
Acts of God, flood, storm, drought, earthquake or other natural disaster;
terrorist attack, civil commotion or riots, war, threat of or preparation for war; and
Liz and Jo both at the same time being ill or otherwise unable to perform the contract.
11. Use of Photographs
(a) By entering into the contract, you give us permission to use any legitimate photographs from your wedding day featuring our flowers in order to advertise and promote our own business including, for example, in lifestyle magazines such as Lancashire Life, on our website or on our social media accounts. This permission includes the right to keep for that purpose a copy of such photographs for a reasonable period of time following your wedding day.
(b) As it would be impracticable for us to seek to obtain permission individually from each of your guests who may appear in the photographs, by giving us your permission in paragraph (a) above, you confirm that you are authorised to give us permission on their behalf too.
(c) You may withdraw this permission at any time by notifying us.