Wedding Terms & Conditions

OUR TERMS

1. THESE TERMS

1.1. What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or both.

1.2. Why you should read them. Please read these terms carefully before you submit you order to us. These terms tell you who we are, how we will provide products to you, how you and we 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 are Flùr Pitlochry, a partnership established in Scotland. Our address is 54 Atholl Road, Pitlochry, PH16 5BL

2.2. How to contact us. You can contact us by telephoning 07969369560 or by writing to us at info@shopflur.co.uk or 54 Atholl Road, Pitlochry, PH16 5BL

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. 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 (and how to secure your event date). Our acceptance of your order will take place when we confirm in writing that we accept it and we have confirmed receipt of your advance payment (see clause 13.1), at which point a contract will come into existence between you and us. Full payment of your booking fee is the only way of securing our services for your chosen event date. When we use the words "event date" in these terms, we are referring to the event date set out in your order.

3.2. If we cannot accept your order. If we are unable to accept your order, whether because we cannot provide the product, or because we are unable to perform services at your chosen event location (or for any other reason), we will not accept your order. We will inform you of this and will not charge you.

3.3. We only sell to the mainland United Kingdom. Our brochure and website are solely for the promotion of our products in the United Kingdom. Unfortunately, we cannot deliver to Northern Ireland or addresses outside of mainland United Kingdom. This means that (amongst others) we cannot deliver to the Islands of Scotland, the Isle of Man, the Isle of Wight or the Channel Islands.

4. OUR PRODUCTS

4.1. Products may vary slightly from their pictures. The images of the products in our brochure or 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 or the printed pictures in our brochure accurately reflects the colour of the products. Your product (and the packaging of the product if applicable) may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, dimensions and measurements may vary slightly from those shown on our website or in our brochure. We may also deliver certain flowers in bud to ensure longer life.

4.2. All products are subject to availability. In the event of supply difficulties we reserve the right to substitute a product or a component of a product of equivalent value and quality. This may mean the substitution of flowers of a different type or colour to those on our website or in our brochure.

4.3. Making sure your measurements and/or the information you provide is accurate. We design, make and order goods according to measurements and other information you provide to us (for example: the measurements of your event location). You are responsible for ensuring that these measurements and/or this information is correct. We can provide help and tips on how to measure and what measurements or information we require by contacting our team (we recommend that you do this by telephone or email).

5. RESTRICTIONS IF YOU ARE A BUSINESS CUSTOMER

5.1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you purchase products.

5.2. These terms and any documents expressly referred to in them, constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

5.3. You acknowledge that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.

5.4. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.

6. YOUR RIGHTS TO MAKE CHANGES

6.1. Changes up to six weeks before your event date. You may make a change to the product you have ordered by contacting us at any time from the date on which you placed your order, until the date six weeks before your event date, except in the case of bespoke designed goods where the goods have already been ordered, customised or personalised in any aspect, which we may not be able to change. Where a change means an increase in the total price of the product, we will notify you of the amended price in writing. In these circumstances, you can choose to:

(a) proceed with the amended order, in which case we will require payment of any increase in the price of the order within 7 days of our notice to you of the amended price; or

(b) cancel the proposed change to the order and proceed with the original order; or

(c) cancel the order altogether in accordance with clause 9.3 or clause 9.6 (which clause applies will depend on whether or not you have a right to cancel because you have changed your mind).

6.2. Changes less than 6 weeks before your event date. Because we design, make and order goods to your specific requirements, once the date 6 weeks before the event date has passed, you may not be able to make a change to the order except in very limited circumstances and only where we agree to the change in writing. You should contact us as soon as possible if this applies to you and we recommend that you do this by telephone or email.

7. OUR RIGHTS TO MAKE CHANGES

7.1. Minor changes to the products. We may change the product to implement minor technical adjustments and improvements. All bespoke designed products (and in particular flowers) are subject to availability and some slight variation from time to time. In the event of supply difficulties we reserve the right to substitute a product or a component of a product of equivalent value and quality without notice. This may mean the substitution of flowers of a slightly different type or colour. These changes will not affect the main characteristics of the product as described in your order.

7.2. More significant changes to the products (and these terms). In addition, we may make changes to these terms or more significant changes to the product, but if we do so we will give you reasonable notice of the changes (changes to the product may include amendments to the main characteristics of the design of the product because of external circumstances, for example, if we experience supply difficulties or need to make changes because of the features of your chosen event location). Where these changes are significant you may have a right to cancel the contract with us in accordance with clause 9.2.

8. PROVIDING THE PRODUCTS

8.1. Delivery, installation and “break-down” costs. The costs of delivery, installation and dismantling the installation following your event (“break-down”) will be as given to you during the order process.

8.2. When we will provide “delivery only” products. During the order process we will contact you to agree a delivery date.

8.3. When we will provide the products for your event. Full payment of your advance payment is the only way of securing our services and delivery of the product for your chosen event date.

(a) Design and product planning. We will begin design and product planning services from the date agreed with you during the order process and we may agree future dates to meet with you or attend the event location to assist us in providing these services. In the absence of our specific agreement with you, we will begin these services on a date within a reasonable period of time following receipt of your order and prior to your event date.

(b) Delivery of the product for your event. We will deliver, install and dismantle the installation of the product on the date(s) set out in your order. Delivery may be on your event date or a date prior to your event date. If we agree to dismantle the installation of the product for you, this may take place on your event date or on a date after your event date.

8.4. 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 outside our control. If there is a substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

8.5. Collection by you. If you have asked to collect the products from our premises, we will agree with you the best time to collect.

8.6. If you do not collect or re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot 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 11.2 will apply.

8.7. If you do not allow us access to provide services. You are responsible for ensuring that we are able to access the property at your chosen event location. If, despite our reasonable efforts, we cannot access your event location to perform the services as arranged 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 to your event location we may end the contract and clause 11.2 will apply.

8.8. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, full addresses for delivery and/or event locations, full name(s) of contact(s) at the event location, timings for the running of the event etc. (the information we require will vary from order to order and we will have informed you of this as part of your order process). We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 11.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.

8.9. We may 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 13.1) and you still do not make payment within 7 days of us reminding you that payment is due, 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 suspend the products where you dispute the unpaid invoice (see clause 13.6). 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 13.2).

8.10. When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.

8.11. When you own goods. You own the goods once we have received payment in full, with the exception of equipment that is hired from us to you (see clause 14).

9. YOUR RIGHTS TO END THE CONTRACT This clause 9 only applies if you are a consumer.

9.1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a) If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;

(c) If you have just changed your mind about the product, see clause 9.3. You may be able to get a refund if you are within the cooling-off period (please check clause 9.4 to see if this applies to your product), but this may be subject to deductions and you will have to pay the costs of return of any goods (if applicable);

(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.6.

9.2. 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 (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming significant change to the product or a change to these terms which you do not agree to (see clause 7.2);

(b) we have told you about a significant error in the price or description of the product you have ordered and you do not wish to proceed;

(d) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late).

9.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For products that are not bespoke designed

9.4. you have a legal right to change your mind within 14 days and receive a refund. See clause 9.4 for examples of when you do not have these rights. We have explained these rights in more detail in these terms (See clause 9.5).

9.5. When you don't have the right to change your mind. You do not have a right to change your mind in respect of:

(a) perishable products (in particular flowers or food products);

(b) customised or personalised products (this means anything that you order, or that we make, that is specially made for you or customised in any aspect);

(d) services (such as design and planning services for your event) that we have already started to provide, even if the cancellation period is still running.

9.6. How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

(a) Have you bought services (see clause 9.4 above). If so, you have 14 days after the day we confirm your order. However, 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.

(b) Have you bought goods? If so, you have 14 days after the day you (or someone you nominate) receives the goods, unless the goods are of the type that you cannot cancel; this includes perishable goods such as flowers and customised products (see the list at clause 9.4 above).

9.7. Ending the contract where we are not at fault and there is no right to change your mind. If you do not have any other rights to end the contract (see clause 9.1), you can still contact us before it is completed and tell us you want to end it. If you do this the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract (for example, you must pay us for the services provided up until the time you tell us that you end the contract and you must pay us for goods that we have made, or ordered from third parties, that are customised or personalised or ordered for your specific requirements).

10. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

10.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a) Phone or email. Call on 07969369560 or email us at info@shopflur.co.uk Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b) Online. Complete the online cancellation form on our website.

(c) By post. Print off the form attached to these terms and post it to us at the address on the form. Or simply write to us as that address, including the information required in the form.

10.2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 07969369560 or email us at info@shopflur.co.uk to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

10.3. When we will pay the costs of return. We will pay the costs of return:

(a) if the products are faulty or mis-described; or

(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

10.4. What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

10.5. How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

10.6. Deductions from refunds. If you are exercising your right to change your mind:

(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.

(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

10.7. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.8.

(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

11. OUR RIGHTS TO END THE CONTRACT

11.1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment 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.

(d) you do not, within a reasonable time, allow us access to your event location to supply the services.

11.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 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.

11.3. We may withdraw the product. We may write to you to let you know that we can no longer provide the product. We will let you know at least 6 weeks before your event date and will refund any sums you have paid in advance for products which will not be provided.

12. IF THERE IS A PROBLEM WITH THE PRODUCT

12.1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone at 07969369560 or write to us at info@shopflur.co.uk

12.2. Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. You have other legal rights, for example, our products goods must be as described, fit for purpose and of satisfactory quality. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

12.3. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must return them or allow us to collect them in accordance with clause 10 above.

13. PRICE AND PAYMENT

13.1. When you must pay and how you must pay. We accept payment via electronic bank transfer (we are able to provide our bank account details on request). When you must pay depends on what product you are buying:

(a) For services (including goods and services provided at an event), you must make an advance payment of 30% of the total amount £100 BOOKING FEE. This payment must be made on the date that you make your order. We must receive this advance payment before we start providing the services. The balance of the product price (as set out in your order) must be received by us no later than 6 weeks before your event date.

(b) For “delivery only” goods, you must pay for the products before we dispatch them.

13.2. 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 the Bank of England 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, whether before or after judgment. You must pay us interest together with any overdue amount.

13.3. Where to find the price for the product. The price of the product will be the price we agree at the date of your order (unless we subsequently agree another price with you). We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 13.5 for what happens if we discover an error in the price of the product you order.

13.4. 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.

13.5. 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, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid. 13.6. What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

14. EQUIPMENT HIRE

14.1. Rental of equipment may be included with the product. The product may include the hire of certain equipment from us to you for your event. If this applies to you we will set out what equipment will be hired to you in your order. The equipment is hired to you from the time that we install or deliver the equipment, or the date that we notify you the equipment is ready for collection (whichever is earlier) until the date we have agreed for break-down, or the date we have agreed for return of the equipment to us.

14.2. Rental payments will usually be included within the price for the product. If you are hiring equipment, the price of the product as set out in your order will include an amount for the rental payments in respect of the equipment that you are hiring (unless we subsequently agree another price with you for the rental payments).

14.3. How rented equipment will be collected or returned to us. You must allow us entry to the event location for the purposes of removing the hired equipment on the date set out in your order for break-down, or as we have otherwise agreed. If we have agreed you will deliver the equipment to us, you must deliver the equipment on the date we have agreed.

14.4. When you are responsible for the equipment hired. You are responsible for any risk of loss, theft, damage or destruction of the equipment hired, from the date that the equipment is delivered or collected from us, until the date that we collect the equipment, or the date that you return the equipment to us. We will not insure the equipment against these risks whilst you are responsible for the equipment.

14.5. When we may be entitled to compensation from you. If you do not allow us to collect the equipment hired or do not deliver the equipment to us on the date agreed, or if the equipment is lost, stolen, damaged or destroyed during the time that you are responsible for the equipment, we will be entitled to charge you for reasonable compensation for the net costs we will incur as a result (for example, reasonable rental charges for the additional time that the equipment is in your possession, or the cost of replacing the equipment with new equipment (this will usually be the full retail price for new equipment of the same type and quality) and/or any losses we reasonably incur as a result of not being able to provide the equipment to another customer).

14.6. You do not own the equipment hired. The equipment hired will at all times remain our property and the only rights you have in relation to the equipment is the right of possession and use of the equipment in accordance with these terms and conditions.

15. OUR LIABILITY TO YOU IF YOU ARE A CONSUMER This clause 15 only applies if you are a consumer.

15.1. 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, but we are not responsible for any loss or damage that is not foreseeable. 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 you discussed it with us during the sales process.

15.2. 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. If defective digital content which we have supplied damages a device or digital content belonging to you we will either repair the damage or pay you compensation.

15.3. We are not liable for business losses. As we are supplying products for domestic and private use, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity if you use the products for any commercial, business or re-sale purpose.

16. OUR LIABILITY IF YOU ARE A BUSINESS This clause 16 only applies if you are a business customer.

16.1. We only supply the products for internal use by your business, and you agree not to use the product for any resale purposes.

16.2. Nothing in these terms limits or excludes our liability for:

(a) death or personal injury caused by our negligence.

(b) fraud or fraudulent misrepresentation.

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

16.3. Subject to clause 16.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a) any loss of profits, sales, business, or revenue;

(b) loss or corruption of data, information or software;

(d) loss of anticipated savings;

(e) loss of goodwill; or

(f) any indirect or consequential loss.

16.4. Subject to clause 16.2, our total liability to you in respect of all losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the products.

16.5. Except as expressly stated in these terms, we do not give any representation, warranties, or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. We will not be responsible for ensuring that the products are suitable for your purposes.

17. HOW WE MAY USE YOUR PERSONAL INFORMATION

17.1. 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 inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.

17.2. We will only give your personal information to third parties where the law either requires or allows us to do so.

18. OTHER IMPORTANT TERMS

18.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

18.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

18.3. 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.

18.4. 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.

18.5. 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.

18.6. Which laws apply to this contract and where you may bring legal proceedings. If you are a consumer: These terms are governed by the law of England and Wales and you can bring legal proceedings in respect of the products in the English or Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English and Welsh courts. If you are a business: Our contract and these terms (and any dispute or claim arising out of or in connection with them 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. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.

18.7 Frustration to Contract and Liability The Florist shall not be liable to the Client if it is prevented from carrying out any or all of its obligations by circumstances beyond its reasonable control, including government intervention, strikes, labour disputes, accidents, acts of God, pandemics, national or local disasters, war, or any event causing the whole or a substantial part of the Florist business to be closed to the public. The Florist also shall not be liable if it deems necessary to cancel an event due to potential reputational damage or risk to the safety of our staff.