Terms and Conditions

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.  If you are not sure about anything, just phone us on  0330 001 2451.

Application

1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Florals of Splendour Ltd a company registered in England and Wales under number 12614739 whose registered office is at 27 Old Gloucester Street, London, WC1N 3AX with email address info@floralsofsplendour.co.uk; telephone number 0330 001 2451; (the Supplier or us or we). Our workshop is based in Romford, Essex.
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods mean the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
10. Website means our website floralsofsplendour.co.uk on which the Goods are advertised.

Goods

11. The description of the Goods is as set out in the Website, catalogues, brochures or other forms of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Goods which appear on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement.

Personal information and Registration

15. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
16. We retain and use all information strictly under the Privacy Policy.
17. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

18. The description of the Goods on our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
19. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
20. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
21. Any quotation is valid for a maximum period of 14 days from its date unless we expressly withdraw it at an earlier time.
22. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
23. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Price and Payment

24. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
25. Prices and charges include VAT at the rate applicable at the time of the Order.
26. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

Conformity

27. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
28. Upon delivery, the Goods will:
    1. be of satisfactory quality;
    2. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
    3. conform to their description.
29. It is not a failure to conform if the failure has its origin in your materials.
30. OTHER SERVICES: We will provide the following after-sales service: For Bespoke Orders, Weddings, Special Occasion Events, Personal or Commercial Projects. These Services will be carried out with a provided brief from the client and further meeting(s) if needed, depending on what has been agreed to ensure your assignment is carried out. A booking, quotation and invoice will be sent to the relevant party before these services commence.
31. The prices listed in the proposal will remain valid for 14 days from the date sent to you. Prices in the proposal should be taken as a guide. Should the ingredients or components for the intended final design of the product or service rise significantly we shall notify you as soon as reasonably possible and pass this cost on to you. 
32. Full payment must be received no later than 3 days after an invoice has been signed.  Failure to do so may lead to your flowers or backdrops being removed or not being delivered in time for your chosen date.
33. All orders are placed via our booking invoicing system. You shall be sent a proposal for approval and then an invoice. Please ensure that you check all details thoroughly as making payment will constitute a confirmation that all details on the invoice are correct.  Orders are only secure once payment has been received.  The payment, whether in full or by deposit must be made within 3 days of the invoice date.
34. We reserve the right to cancel any order if payment is not made by this date. We are not obliged to offer any compensation for the inconvenience caused.
35. Once your flowers or backdrops have been confirmed, any subsequent changes made to your order must be submitted in writing by you only. You will not be allowed to make any significant changes after the order has been placed without additional fees. We will, however, try to make small changes where possible to accommodate your needs.

Successors and our sub-contractors

36. Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

37. In the event of any failure by a party because of something beyond its reasonable control:
    1. the party will advise the other party as soon as reasonably practicable; and
    2. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.

Privacy

38. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
39. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (https://floralsofsplendour.co.uk/privacy-policy/) and cookies policy (https://floralsofsplendour.co.uk/privacy-policy/).
40. For the purposes of these Terms and Conditions:
    1. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
    2. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
    3. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
41. We are a Data Controller of the Personal Data we Process in providing Goods to you.
42. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
    1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
    2. we will only Process Personal Data for the purposes identified;
    3. we will respect your rights in relation to your Personal Data; and
    4. we will implement technical and organisational measures to ensure your Personal Data is secure.
43. For any enquiries or complaints regarding data privacy, you can email info@floralsofsplendour.co.uk.

Excluding liability

44. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Complaints

45. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us via email: info@floralsofsplendour.co.uk to find a solution. We will aim to respond with an appropriate solution within 5 days.

Floral Arrangements Display Hire Subscription

We are pleased that you have chosen to hire a flower arrangement from Florals of Splendour on a rolling month-to-month basis, commencing from the date of delivery (up to five working days). I trust you will find everything in good order and we hope you will enjoy the use of our facilities. 

Hire

46. During the course of the agreement, we will change the display to a new one at the start of a new completed month, to add variety. If during a month’s hiring term, and you wish to cancel the arrangement, please ensure 10 days’ notice is given and Florals of Splendour will make arrangements for all items to be collected from you at no further cost to yourselves.
47. At all times during your event, the hired items remain our property.  Unless expressly agreed, all items are for indoor hire only.
48. By accepting these terms and conditions, you agree that you are solely responsible for the hire items at all times throughout your hire, from acceptance or pick up of the items until you return the items or they are accepted back by us.
49. It is important that all hired items are returned on time as the items may be required for another hire booking.  If any items are not returned in the agreed time and we have not made an arrangement with you, you will be charged 50% of the three-day hire value for each additional day the items are away from us.  If items are not returned in the agreed time and this impacts another booking, you will be liable for the full value of the second booking, including any delivery charges applicable. If items fail to be returned after an extended period of time (deemed so at our discretion), you will be liable for the full replacement value of the item.  The cost of returning the items are to be paid by you and is not included in the hire cost.  Items must be returned by signed service.
50. Upon pick up / delivery items shall be checked and you will be required to sign a delivery / pick up statement agreeing that the items are in good condition and are as advertised. No complaint on the condition or quality of the items will be valid at a later stage if concerns have not been raised, or if an inspection has not occurred before signing this statement. You may not request a reduction/refund on payment based on the quality or condition of our items if this statement has been signed.
51. If an item you have booked is damaged or lost prior to your hire taking place you will be informed and every effort will be made to replace the item like for like. If this is not possible or if this is unsatisfactory, you will be entitled to a refund for that item only. No further compensation will be due.
52. In the event that hired items are not returned in satisfactory condition or are damaged or has missing pieces, you will be liable for the cost of replacement of the item.
53. We are not responsible for any injury or damage to animals, property, persons or objects arising from the use of any equipment under hire. We shall not be liable for any direct, indirect or consequential loss, damage or additional costs that may arise as a result of the use of our hire items.
54. In the event of extreme weather or road conditions which result in us being unable to safely deliver or collect the hire goods, we reserve the right to alter the arrangements for delivery or collection and shall not be liable for any losses or costs to you that may arise as a result.
55. We reserve the right to cancel in extreme circumstances that make your hire unviable for us, up to and including the day of your hire. We are the ruling party on deciding if the hire is unviable and we will not be liable for any compensation or additional costs you may incur as a result of our cancellation; however, a full refund will be issued.

PRICING & PAYMENT

56. The prices listed on the website remains valid on the date sold to you. Should the ingredients or components for the intended final design of the product or service rise significantly we shall notify you as soon as reasonably possible and pass this cost on to you for the following month. 
57. Full payment must be received at the start of the first day of the next rolling month (payments are charged on the first day of the starting month in advance).  Failure to do so may lead to your flowers or backdrops being removed or not being delivered in time for your agreed date.
58. Please ensure that you check all details thoroughly as making payment will constitute a confirmation that all details are correct.  Orders are only secure once payment has been received.  
59. We reserve the right to cancel any order if payment is not made by this date. We are not obliged to offer any compensation for the inconvenience caused.
60. Once your flowers or backdrops have been confirmed, any subsequent changes made to your order must be submitted in writing by you only. You will not be allowed to make any significant changes after the order has been placed without additional fees. We will, however, try to make small changes where possible to accommodate your needs.

EVENT SET UP & DELIVERY

61. We will personally deliver and set up your flowers or backdrops unless otherwise agreed. For large events, additional trusted assistants are brought in to ensure a smooth and timely set-up.
62. Before placing or confirming your order for a product or service, please ensure that you have provided the full address, telephone details and email address, including accurate postcode of the venue or agreed recipient so that we can notify you in the event that any delivery problems are encountered.
63. Your flowers or backdrops will be delivered or set up at a time previously agreed. 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.
64. It is agreed that we shall be the sole provider of faux/artificial floral arrangements and faux foliage décor. If you wish to add your own arrangements, please notify us. Please note, other than church flower teams, we will not work or partner with any other provider of faux floral décor for your event. This is non-negotiable.
65. Delivery & Set up costs are included with your order
66. ‘Florals of Splendour’ reserves the right to take photographs of the flowers and the setting on delivery before or prior to an event which may be used for promotional purposes.

PRIVACY

67. We recognise how important it is to keep your personal information safe and secure.  We have a dedicated Privacy and Cookie policy that explains what personal information we collect.
68. Please note that when you agree to these website terms, you shall be deemed to have understood and agreed to our Privacy and Cookie Policy in its entirety.

Miscellaneous

69. All images, photographs, pictures and text used on any website owned by Florals of Splendour are subject to copyright law and owned in full. Any unauthorised copying, printing or duplicating will constitute an infringement of copyright.
70. All items are hand created and slight variations may occur.
71. Please note some items contain small parts and can be a choking hazard, children of all ages should be supervised at all times, we cannot be held responsible for any accidents that may occur where children are not properly supervised.
72. Additionally, we reserve the right to suspend, restrict or terminate our products or services for any reason at any time.
73. Except as expressly provided in this Agreement, no variation of this Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
74. Our liability in respect of any loss of goodwill, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special or indirect loss or damage will be NIL

Attribution

75. These terms and conditions were created using the help of Rocket Lawyer (https://www.rocketlawyer.com/gb/en).

An example cancellation details:

To
Florals of Splendour Ltd
27 Old Gloucester Street
London, WC1N 3AX
Email address: services@floralsofsplendour.co.uk
Telephone number: 0330 001 2451

I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received)

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper)

 

Date
[*] Delete as appropriate.