Gallery 620, 24, St Leonards Rd.,
Windsor Berks SL4 3BB
Tel: 01753 861499
Email events@inspirationalflowers.co.uk
Web www.inspirationalflowers.co.uk
1.1 'Buyer' means the person, business or corporation which buys or agrees to buy the Goods and/or Services from the Seller;
1.2 'Conditions' means the terms and conditions of sale set out in this document and any other special terms and conditions agreed in writing between the Seller and the Buyer;
1.3 'Delivery' means delivery of the Goods and/or Services to the delivery address supplied by the Buyer to the Seller at the time of placing the Order or such alternative address as may be agreed in writing between the Buyer and Seller from time to time;
1.4 'Delivery Charge' means the charges payable by the Buyer to the Seller for Delivery in accordance with the Order;
1.5 'Delivery Date' means the actual date of delivery of the Goods and/or Services;
1.6 'Delivery Period' means the dates specified by the Seller between which the Goods and/or Services are to be delivered;
1.7 'Goods' means the natural flowers which the Buyer agrees to purchase from the Seller (including the temporary use of vases and display materials which remain the property of the Seller);
1.8 'Order' means an order placed by the Buyer with the Seller for the supply of Goods and/or Services to be produced by the Seller in accordance with the Conditions;
1.9 'Price' means the price for the Goods and/or Services, as specified in the Order, excluding Delivery Charge, VAT and any extra costs incurred;
1.10 'Returnable Items' means items such as vases and display materials which are provided to the Buyer by the Seller for an agreed period of time as part of the Services and are returnable in good condition at the agreed date as specified in the Order;
1.11 'Seller' means Inspirational Flowers of Gallery 620, 24 St Leonards' Road, Windsor, Berkshire SL4 3BB;
1.12 'Services' means creation and Delivery of flower arrangements including the temporary use of vases and display materials and design created by the Seller to the specific requirements and preferences of the Buyer as specified in the Order;
1.13 'VAT' means value added tax or any replacement tax at the rate applicable from time to time.
2.1 These Conditions shall apply to all contracts for the sale of Goods and/or Services by the Seller to the Buyer to the exclusion of all other Conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar documentation.
2.2 Each Order or acceptance of a quotation for Goods and/or Services by the Buyer from the Seller, shall be deemed to be an offer by the Buyer to buy Goods and/or Services, subject to these Conditions and no Order placed by the Buyer shall be deemed to be accepted by the Seller until a written acknowledgement of the Order is issued by the Seller.
An event date will be only be held and reserved provisionally for a total of 4 weeks. A 20% non refundable deposit is required to book the date. Samples will only be provided when the date is finalized and the deposit paid.
Table numbers must be finalized 15 working days before the event. If the numbers reduce thereafter, the Seller will add the cost of the extra flowers to the invoice
2.3 Due to the nature of the Sellers' Goods and/or Services, occasions may arise where a particular flower, vase or display material is unavailable for reasons outside the Seller's control. Therefore, the Seller reserves the right in its absolute discretion to use a similar flower, vase or display material in place of a previously chosen one.
2.4 The Seller shall be under no liability whatsoever to the Buyer for any direct or indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of late delivery and/or failure to supply in accordance with the Order (as varied if varied under Clause 2.3).
2.5 All quotations will be put in writing and held and honoured for a total of 10 weeks. However we can only guarantee prices if the event is booked and processed before the confirmed event date.
3.1 The Price shall be the Seller's quoted Price at the time when the Buyer places an Order. The Price is exclusive of Delivery Charge and VAT which shall be payable in addition at the rate applying on the date of the Seller's invoice.
Additional collection charges will be accountable if the same night, collection is required after the event is finished and/or if the Seller has to go back to the venue for further re-collections.
3.2 Payment of the Price, Delivery Charge and/or VAT; the Buyer shall pay within 10 days without any set-off in relation to any claim that the Buyer may have against the Seller.
3.3 Time for Payment of the Price, Delivery Charge and/or VAT shall be of the essence without prejudice to any other rights and/or remedies the Seller may have in accordance with these Conditions.
3.4 If the Buyer fails to pay the Seller, the Buyer shall be liable to pay interest to the Seller on overdue invoices. Interest shall accrue from the due date for payment at the annual rate of 4% above the base lending rate, from time to time of HSBC Bank Plc accruing on a daily basis until payment is made and shall accrue at such a rate after as well as before any judgment (subject to any contrary order by the Court).
3.5 The Seller reserves the right to recover from the Buyer all direct expenses reasonably incurred by the Seller in the collection of overdue sums as if the same were contractual payments due under these Conditions.
3.6 In the event of Returnable Items being pledged under clause 7.3 lost or damaged, whilst in the Buyer's possession, the Buyer acknowledges and agrees that the full replacement cost shall be paid on an indemnity basis to the Seller at the same time as the Price is due in accordance with clause 3.2 above.
4.1 The Seller warrants that the Goods and/or Services will at the time of Delivery largely correspond to the quantity and description of the Goods and/or Services as set out in the Order.
4.2 The Seller warrants that the Goods and/or Services supplied will be fit for the purpose at the time of Delivery unless Delivery is delayed or frustrated by the Buyer. In the event that the Goods and/or Services become unfit for the purpose after Delivery the Seller reserves the right to replace the Goods and/or Services at its absolute discretion.
4.3 Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or conditions of the Goods and/or Services and whether implied by statute or common law or otherwise are excluded.
5.1 Delivery of the Goods shall be made to the Delivery address within the Delivery Period between the hours of 9.00am and 5.00pm, unless otherwise agreed in writing. The Buyer shall make all arrangements necessary to take Delivery of the Goods when they are tendered for Delivery.
5.2 If the Buyer fails to take Delivery of the Goods then, without prejudice to any other right or remedy available to the Seller, the Seller may, at its absolute discretion, store the Goods until actual Delivery and charge the Buyer reasonable costs including insurance costs of storage and redelivery and the Buyer shall fully indemnify and keep the Seller indemnified from and against all costs, claims, damages, losses, liabilities and expenses (including loss of profit) incurred or suffered by the Seller (including the Price) by reason of the failure by the Buyer to take Delivery.
5.3 The Seller will use his best endeavors to deliver in accordance with Clause 5.1 but shall not be liable to the Buyer for late Delivery of the Goods in a sum exceeding £50.
6.1 The Buyer shall be entitled to cancel the Order without loss by written notice to the Seller delivered to the Seller's address on the Conditions up until 6 weeks before the Delivery Date.
6.2 The Seller shall be entitled to payment of a cancellation fee, which will amount to as follows:
5 weeks before the event - 25% of order Price
4 weeks before the event - 50% of order Price
3 weeks before the event - 75% of order Price
2 weeks before the event - 100% of order Price
7.1 Title and risk in the Goods shall remain with the Seller until Delivery to the Buyer is complete, including off loading and stacking.
7.2 The Seller shall be entitled at any time to require the Buyer to deliver up the Returnable Items to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Returnable Items are stored and repossess them.
7.3 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness the Returnable Items, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
8.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatsoever in respect of the supply by the Seller to the Buyer of such Goods.
8.2 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transaction (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Conditions
9.1 The Seller reserves the right to defer the Delivery Date or to cancel the Order or reduce the volume of the Goods without liability to the Buyer if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Seller including, without limitation, Acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 5 days, the Buyer shall be entitled to give notice in writing to the Seller to terminate the Order and shall not be liable to the Buyer for any costs, claims, demands or liabilities. The Buyer will be liable to the Seller for the Price, VAT, Delivery and extras in accordance with the Order.
10.1 These Conditions together with any terms set out in the Order constitute the entire agreement between the parties and supersede any previous agreement or understanding and may not be varied except in writing between the parties.
10.2 No third parties shall have any rights or benefits whatsoever under these Conditions.
11.1 These Conditions shall be governed by and construed in accordance with the laws of England and Wales.
11.2 Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with these Conditions.