Terms and Conditions | Honeymoon Fern

Honeymoon Fern Please read all these terms and conditions.

1. Application

1.1 These terms and conditions will apply to the provision of services to you (the Customer), and ourselves, (the

Supplier) Beth Bruce-Gardner trading as Honeymoon Fern, of Wick House, East End, Fairford GL7 4AP.

1.2 ‘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 Honeymoon Fern (as defined above);

1.4 'you' or 'your' is a reference to you, the Customer, to whom we are supplying Services and who is required to

pay for the Services which we supply to you;

1.5 'Premises' means the place where we will provide the Services; and

1.6 ‘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. The precise Services which we will be providing to you will be

stated in your Estimate, along with such additions or amendments we and you may agree from time to time.

2. Contact details

2.1 Our contact details are: Beth Mobile: 07791 841201; Email: beth@honeymoonfern.com; postal address

Honeymoon Fern, Wick House, East End, Fairford GL7 4AP.

2.2 All Estimates given by, and contracts made with, Honeymoon Fern, are subject to these terms and conditions.

By accepting and confirming an Estimate, you agree to be bound by these terms and conditions.

3. Entering into a legally binding contract

3.1 A contract between you and us will come into being when you confirm acceptance of the Estimate and we

notify you that we will undertake the services, as set out in clause 4 below.

3.2 We suggest that before you agree to the Estimate you read through these terms and conditions. If you have

any questions concerning them please ask us.

3.1 You should keep a copy of these terms and conditions for your records.

4. Request for our Services

4.1 When you request the supply of Services, we will discuss your requirements and provide an Estimate detailing

what you have ordered, the price that will be charged, as well as other relevant and delivery information. At

this stage there is not a binding contract between you and us.

4.2 When we have received your confirmation accepting the Estimate and agreeing to the supply of Services, we

will acknowledge and confirmed we will supply them. At this stage there will then be a binding contract

between you and us.4.3 Our Estimate will only cover the supply of Services mentioned in it. If you wish to add to / amend your

Services, please contact us again to discuss your requirements. Changes will become effective and form part

of the binding contract, when confirmation has been made by both parties via email.

5. Estimates

5.1 5.2 5.3 5.4 5.5 As we provisionally reserve the date for the supply of our Services, Estimates (prior to you signing and

returning them) are valid for fourteen (14) days. Thereafter, we will contact you to discuss whether you still

wish to proceed. Please note that we only provide Estimates which are not quotations or binding indications

of how much we will charge for the reasons detailed in points 5.2 to 5.5.

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:

(a) 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 price of the relevant flowers and plants has increased; or

to perform or the type of work that is involved is different to those which we agreed before we started

performing the Services and we could not reasonably foresee this before we started performing the

Services.

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).

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 the Services increase by more than 10%,

Honeymoon Fern reserves the right to increase the prices given in our Estimate to you to reflect this. We will

of course contact you first to discuss this in greater detail.

6. Timing

6.1 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.

6.2 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.6.3 7. 7.1 7.2 7.3 7.4 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.

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.

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;

(b) 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);

having to do further work or wait for new or different flowers or other materials);

(d) 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);

(e) where we are unable to gain access to the Premises to carry out the Services at the times and dates that

we have agreed with you;

(f) 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.

If the delay in us recommencing performing the Services will be excessive then we will offer you the option

of either:

(a) (b) continuing to wait 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.

In the unlikely event whether either us, or our dependents find themselves medically incapacitated 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 your

satisfaction, within the style and price range requested by you. 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 Booking Fee based on 30% of the Estimate is required upon confirmation of your Estimate to secure our

Services. If you decide to cancel our Services detailed in the Estimate (otherwise than within fourteen (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 in clauses 8.1 and 15.2, you decide to postpone the date of

the event for which you requested our Services we will hold your Booking Fee for up to six (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 (6) months ahead then your Booking Fee will be forfeited. If

the postponement is caused through Government restrictions relating to Covid 19, then the six (6) months’

time period mentioned in this clause is extended to 18 months.

8.3 The Booking Fee will be subtracted from the agreed Fee and this subtraction will be acknowledged on your

final invoice.

8.4 Payment of the Booking Fee must be sent to us with acceptance of the Estimate.

8.5 Once the Booking Fee has been paid then the prices and dates are secure except as otherwise provided in these

terms and conditions.

8.6 You will receive a final invoice approximately twenty-eight (28) days before the date when we are to provide

the Services and payment of that invoice is required within seven (7) days.

8.7 Payment is accepted by direct payment via internet banking. For other payment methods, please contact us.

8.8 Unless stated otherwise, all amounts stated (whether orally or in writing) are exclusive of VAT, which will be

added at the rate currently in force, if this becomes necessary.

9. Availability of Flowers

9.1 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. Honeymoon Fern, 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 Honeymoon Fern may have to substitute for the same value and quality without notice.

9.2 We do not guarantee specific stem types.

9.3 Your Estimate will 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 palate, 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

10.1 If delivery is out of the local area of Fairford, Gloucestershire, a delivery charge will be detailed in any

Estimate which we have given you.

10.2 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 Beth on 07791 841201.10.3 Honeymoon Fern 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 for this service which will be itemised on your Estimate. Containers must be

returned to Honeymoon Fern within three (3) days, or as otherwise agreed with us in writing.

11.2 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 Honeymoon Fern at

all times.

12. Photographs

12.1 Honeymoon Fern 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:

(a) 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 seven (7) days from the date of our invoice

or when we asked you first to pay them; and/or

(b) 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; and/or

Booking Fee already paid by you will not be refundable).

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

14.1 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, Honeymoon Fern 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 web site.

14.4 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.

15. Cancellations

15.1 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.

15.2 Once your acceptance to the Estimate has been confirmed by us, if, for any reason, you wish to change or

cancel the Services, you can do so up to fourteen (14) days afterwards, unless you have instructed us to provide

the 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.

15.4 If you wish to cancel please notify us as soon as possible by calling Beth on 07791 841201 and confirming in

writing by email: beth@honeymoonfern.com.

15.5 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;

(b) 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).

15.6 If we agree to allow you to cancel outside of the fourteen (14) day period mentioned in clause 15.2 any Booking

Fee already paid by you will not be refundable.

15.7 If you:

(a) (b) (c) purport to cancel the contract; or

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. 16.1 Amendments to the contract terms and conditions

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) (c) 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

17.1 If you wish to send us any notice or letter then it needs to be sent to Honeymoon Fern, Wick House, East End,

Fairford, GL7 4AP and should be marked for the attention of Beth Bruce-Gardner or sent by email to

beth@honeymoonfern.com. If we wish to send you a letter or notice we will use the address, whether postal

or email address, which you have given on the Estimate.

18. Contracts (Rights of Third Parties) Act 1999

18.1 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.

19. Invalidity

19.1 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

20.1 This contract shall be governed and construed by the law of England and you and we agree to submit to the

jurisdiction of the courts of England and Wales.

21. How to contact us:

Email: beth@honeymoonfern.com

Mobile: 07791 841201