Terms & Conditions
BY THE SEA TERMS AND CONDITIONS 2017-2018
Please read all these terms and conditions.
These terms and conditions will apply to the provision of services to you (the Customer and/or the Hirer), and ourselves, (the Supplier) By the sea, trading as By the sea, of The summerhouse, Falling Stones, Longlane Farm, Amroth, Pembrokeshire, SA67 8PR.
‘Fee’ means the fee which you agree to pay for the supply of the Services, by us, on these terms and conditions;
1.3 ‘we’, ‘us’ or ‘our’ is a reference to By the sea (as defined above);
‘you’ or ‘your’ is a reference to you, the Customer and/or Hirer, to whom we are supplying goods and/or services and who is required to pay for the goods and/or services which we supply to you;
‘Order’ means a written agreement from you to confirm that you would like to go ahead with the estimate provided, which you can request a copy of by calling us on 07808 065987, emailing us on email@example.com.
1.6 ‘Parties’ is a reference to both us and you;
‘Premises’ means the place where we will provide the Services; and
‘Services’ means the goods and/or services, including advice or assistance, opinions, and recommendations, which you wish to obtain from us, the installation or provision of flowers or other items and/or other goods and/or services which we will provide to you in connection with your Order. The precise Services which we will be providing to you will be stated in your Order with such additions or amendments we and you may agree from time to time.
2. Contact Details
Our contact details are: Mobile: 07808 065987; Email: firstname.lastname@example.org; postal address: By the sea, The summerhouse, Falling Stones, Longlane Farm, Amroth, Pembrokeshire, SA67 8PR.
All estimates given by, and contracts made with, By the sea, are subject to these terms and conditions. By accepting an estimate and confirming an order with us you agree to be bound by these terms and conditions.
3. Entering into a legally binding contract
A contract between you and us will come into being when we notify you that we have received and accepted your order by issuing an Order Acceptance.
We suggest that before you place an order with us, that you read through these terms and conditions. If you have any questions concerning them please ask us.
3.3 You should keep a copy of these terms and conditions for your records.
4. Making an order
When you place an Order in writing you are making an offer to buy the Services which you have specified in that Order at the price stated for them by us. At this stage there is not a binding contract between you and us.
When we have received your Order, if we accept your Order, we will acknowledge and confirm that by issuing an Order Acceptance which we will send to you by email if you have placed the Order online, or by post if you have sent us an Order via the post. The Order Acceptance will provide details of what you have ordered, the price that will be charged, as well as other information about the progress of your Order and delivery information. At this stage there will then be a binding contract between you and us.
Our Order Acceptance will only cover the Services mentioned in it. If you wish to add to your Order please contact us again to discuss, any additional Services will only be accepted when we send a further Order Acceptance.
Estimate are valid for 30 days. Please note that we only provide estimates prior to issuing an Order Acceptance and not quotations or binding indications of how much we will charge.
An estimate for the cost of your flowers and any other items will be sent to you after your initial enquiry, this is a guide price as you may make changes closer to the date the flowers or other items are required, in terms of type of arrangement and quantity. Please note that we must have at least 14 days notice of any changes.
As we provide an estimate we may need to charge you a higher amount than stated in the estimate. This can occur for a number of reasons, in particular where:
what you require us to do changes, or the amount of work or Services you require us to provide increases or is different to what we and you agreed before we started performing the Services and as stated in the estimate; or
(b) because the wholesale price of the relevant flowers and plants has increased; or
when we start performing the Services it becomes apparent that the amount of Services we will need to perform or the type of work that is involved is different to what we agreed before we started performing the Services and we could not reasonably foresee this before we started performing the Services.
5.4 Where the amount of work involved is greater than that stated in an estimate the following will happen; we will not continue performing the Services and we will seek your approval to the extra amount that you will need to pay, unless it is not possible to contact you within a reasonable time or it is not safe not to carry out and finish performing the Services (for example, if Premises may be left in a dangerous condition or unprotected from theft if the Services are not completed).
5.5 Due to the nature of flowers and plants, their market price is not fixed, but will fluctuate depending on the weather and other economic factors. Should the cost of flowers for your Order increase by more than 10%, By the sea reserves the right to increase the prices given in our estimate to you to reflect this, or you can allow us to choose a different variety of flowers to those suggested in your estimate that are at a lower price. We will of course contact you first to discuss this in greater detail.
We aim to carry out the Services by the dates and times we either agree with you or notify to you. If we do not start or complete performing the Services within a reasonable period from the date(s) we have agreed or notified then you may either choose either to continue to wait until we can start performing the Services or complete performing them or you can cancel the contract.
Where we have started performing the Services and you decide you wish to cancel the contract you will have to pay for any Services we have performed up to the date of cancellation and for any flowers or other materials or items which we have a legal obligation to pay for.
What is a reasonable period of time depends on the types of Services we will be performing and the length of time they will take to perform. For example, if you require a complex flower arrangement for an early afternoon event and we fail to start performing the Services before the afternoon then you may have the right to cancel.
7. Situations or events outside our reasonable control
In addition, there are certain situations or events which may occur that are not within our reasonable control (some examples are given below). Where one of these occurs we will normally attempt to recommence performing the Services as soon as the situation which has stopped us performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.
7.2 The following are examples of events or situations which are not within in our reasonable control:
(a) where weather conditions make it impossible or unsafe for us to perform any of the Services;
if flowers or other materials are not delivered on the date or at the time agreed with the supplier of those flowers or other materials (and it is not possible to obtain a replacement from an alternative supplier at all or within a reasonable amount of time, or the price charged by the alternative supplier is excessively higher than by the original supplier if ordered at short notice);
where you make a change in the Services you wish us to perform (and this results in, for example, us having to do further work or wait for new or different flowers or other materials);
where we have to wait for other providers of services (who have been engaged by you) to complete their work before we are able to perform the Services (or the relevant part of the Services dependent on the other provider if ordered at short notice);
where we are unable to gain access to the Premises to carry out the Services at the times and dates we have agreed with you;
where the areas in the Premises have not be readied by you as we and you have agreed in order for us to perform the Services;
(g) for other some unforeseen or unavoidable event or situation which is beyond our control.
7.3 If the delay in us recommencing performing the Services will be excessive then we will offer you the option of either:
continuing to wait until we are able to recommence performing the Services, if you are required to make any payments during this period (for example if we and you have agreed that you will pay us in staged amounts) then we will not require you to make any of the payments required until we are able to recommence performing the Services; or
allowing you cancel the contract, if you choose this option then you will only have to pay for any Services we have performed up to the date of cancellation and for any items or materials for which we have a legal obligation to pay.
7.4 In the unlikely event whether either us, or our dependents find themselves in hospital when we are supposed to be carrying out the services to you, or in other cases where situations or events outside our reasonable control occur, it can become necessary to book a replacement florist to perform the Services. We will make every effort in making sure that a replacement florist will be able to perform the Services to the client’s satisfaction, within the style and price range requested by the client. Should such a scenario occur and a replacement florist was unable to be found, our liability will be limited to the payments made by you for the Services.
8. Booking Fee And Other Payments
8.1 A £50% Booking Fee is required to secure your Order. If you decide to cancel your Order (otherwise than within 14 days and in accordance with clauses 15.1 and 15.2 below) this Booking Fee is non-refundable.
8.2 If, after the expiry of the 14-day period mentioned, you decide to postpone the date of the event for which you have made your Order we will hold your Booking Fee for up to six months (6 months) until your event goes ahead, or if it is not possible for us to perform the Services on the new date chosen by you or if the new date chosen by you is longer than six months (6 months) ahead then your Booking Fee will be forfeited.
The Booking Fee will be subtracted from the agreed Fee and this subtraction will be acknowledged on your final invoice.
8.4 We will not issue an Order Acceptance and reserve the date until the Booking Fee has been paid.
Once the Booking Fee has been paid then the prices and dates are secure except as otherwise provided in these terms and conditions.
You will receive a final invoice approximately one month before the date when we are to provide the Services and payment of that invoice is required fourteen (14) days before the date the services are required.
Payment is accepted by direct payment via internet banking. For other payment methods, please contact us.
9. Availability of Flowers
• All flowers are subject to availability and stringent quality checks. Whilst we try our best to source your chosen flowers, sometimes supplier problems or quality control can affect this. By the sea will however aim to warn you of this as soon as the issue becomes known, in order to discuss the best way forward. However at times By the sea may have to substitute for the same value and quality without notice.
9.2 We do not guarantee specific stem types.
When placing your completed Order please indicate whether you have chosen to leave us to choose a mix of flowers at our complete discretion, or have asked us to work to a colour and style palette, based on our preliminary discussions with you, however please note this never produces identical flowers or designs to photographs or illustrations which you may have seen, those are used as a general illustration only. We will choose what we consider to be the most appropriate mix of fresh flowers, which are available with our local suppliers, to work with.
10. Delivery & Set Up
If delivery is out of the local area of our address, a delivery charge will be added to any estimate which we have given you.
Upon delivery of items, you will be required to check your flowers and any other goods ordered and you will be required to sign to agree you are happy with them and that the quantities are correct. Any queries must be raised within 30 minutes of delivery by telephoning 07808 065987.
By the sea cannot be held responsible for any damage caused to flower arrangements after they have been delivered and checked.
11. Hire/ Use Of Vases, Crates, etc.
11.1 We charge a refundable deposit of £100 for this service. Containers must be returned to By the sea within three (3) days, or as otherwise agreed with us in writing.
Charges will be made for any glassware returned cracked, chipped or broken. Replacement of goods is charged at the current purchase price.
11.3 Equipment hired (jugs, bottles, vases, plinths, candelabras, etc.) remain the property of By the sea at all times.
12.1 By the sea reserves the right to take photographs of flowers and the setting in which we have arranged them prior to the commencement of the event for which they were ordered. You acknowledge and agree that we own the copyright to such photographs and may freely use them for marketing, illustrative and promotional purposes. We will, of course, take reasonable steps to protect your personal identity when using such photographs.
13. Late payment
13.1 If you fail to make payment by the date or time which we and you have agreed you should do, we may:
charge you interest at Bank of England’s base interest rate plus three (3)% on any outstanding amounts if those outstanding amounts remain unpaid for more than fifteen (15) days from the date of our invoice or when we asked you first to pay them; and/or
if the amounts not paid represent more than ten (10) % of the total value of the Services we are to perform for you, and there remain some Services which we have not yet performed, then we may suspend performing the remaining Services until you make payment.
13.2 You agree that you will not refuse to pay any amount owing to us where there is only a minor or inconsequential defect or error in the performance of the Services. You will be entitled only to refuse to pay no more than a reasonable and proportionate amount of any amount due.
14. Exclusion and limitation of liability
We do not exclude or limit liability for our negligence or negligent omission which causes personal injury or results in death but otherwise, to the fullest extent allowed by law, By the sea excludes all other liability and accepts no liability for injury, loss or damage to you, or any third party, in respect of the provision of the Services or of any equipment hired from us for use at an event, including (without prejudice to the generality of the foregoing) we exclude all indirect and consequential loss, loss of profits, loss of sales or business, loss of anticipated savings, loss of or damage to goodwill, loss of or damage to reputation.
14.2 To the extent that we may legally do so we limit our liability under the contract to the amount of the Fees.
14.3 You must observe and comply with all applicable regulations and legislation, including these terms and conditions and the policies set out on our website.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable law which are rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Once we and you enter into a binding contract you will not normally be able to cancel the contract, except in accordance with your statutory rights, or as we agree, or as otherwise provided for in these terms and conditions.
Once your Order has been accepted by us, if, for any reason, you wish to change or cancel your Order you can do so up to 14 calendar days afterwards, unless you have instructed us to provide the goods or services within that time in which case you have lost your right to cancel. Outside of this time period it is at our sole discretion if we allow you to cancel.
If you wish to cancel please notify us as soon as possible by calling 07808 065987 or Email: email@example.com.
15.4 On cancellation you will be responsible for the cost of :
(a)any of our time in performing the Services up to the date we stop providing the Services;
any flowers, goods or other materials we are contractually committed to buying up to the date of termination (whether or not we need to pay for them before or after the date the contract between us and you is cancelled).
If we agree to allow you to cancel outside of the 14 day period mentioned in clause 15.2 any Booking Fee already paid by you will not be refundable.
15.6 If you:
(a)purport to cancel the contract; or
(b)give notice purporting to cancel; or
otherwise do not fulfil your obligations (such as by not paying any sums due to be paid to us) in a way which amounts to you cancelling the contract,
we do not have to accept your cancellation except as provided in for in these terms and conditions. However, we may choose to accept cancellation, and if we choose to do so you will be required to pay to us a reasonable amount for the losses and costs (including loss of profit) we have suffered.
16 Amendments to the contract terms and conditions
16.1 We will have the right to amend the terms and conditions of this contract where:
(a)we need to do so in order to comply with changes in the law or for regulatory reasons; or
(b)we are changing the rates we charge for the provision of Services as provided for in clause 5; or
we need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long as such correction is minor and does not materially affect the contract.
16.2 Where we are making any amendment we will give you ten (10) days’ prior notice (unless the contract is terminated before that period).
17. Contacting each other
If you wish to send us any notice or letter then it needs to be sent to By the sea, The summerhouse, Falling Stones, Longlane Farm, Amroth, Pembrokeshire, SA67 8PR and should be marked for the attention of Marie Parry, or sent by email to firstname.lastname@example.org. If we wish to send you a letter or notice we will use the address, whether postal or email address, which you have given in your Order.
18. Contracts (Rights of Third Parties) Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
20. Law and jurisdiction
This contract shall be governed and construed by the law of Wales and you and we agree to submit to the jurisdiction of the courts of England and Wales.
21. How to contact us:
Mobile: 07808 065987 ]