Terms and Conditions
1 Definitions
"Agreement" means the booking quotation, the booking confirmation, these Terms and Conditions, the delivery confirmation, our invoice, and any amendments to any of the same as agreed in Writing.
"Booking Fee" means the sum or sums due to Us from You as payment for the goods and services as shown on Our invoice.
"Event" means the event for which we are arranging to supply goods and services on Your behalf, as further identified in the booking confirmation.
"We", "Us" and "Our" means Planet Flowers Ltd, a company incorporated in Scotland with registered number SC212761 and having its registered office at 9 Ainslie Place, Edinburgh.
"Writing" shall be deemed to include communications by fax and by email.
"You" and "Your" means you, our customer, whose name appears on the booking confirmation.
2 Incorporation of Terms and Conditions
2.1 These Terms and Conditions supersede any earlier sets of terms and conditions and shall apply to the Agreement in preference to any other terms or conditions, whether incorporated into Your booking confirmation or by any other means. When the booking is agreed in Writing between You and Us You are accepting without qualification these Terms and Conditions, and a binding contract shall come into existence between You and Us.
2.2 No amendments to the conditions shall be effective unless agreed in Writing by a director of Planet Flowers Ltd.
3 Payment
3.1 Bookings for individual event customers; unless otherwise agreed in Writing between You and Us, You agree to pay the Booking Fee at least 21 days prior to the Event. Failure to pay within the given timescale shall result in the cancellation of the booking.
3.2 Bookings for business customers; unless otherwise agreed in Writing between You and Us, You agree to pay the Booking Fee within 30 days of receipt of Our invoice.
3.3 You agree to pay any additional expenses incurred within 30 days of receipt of a further invoice from Us.
3.4 We reserve the right to charge interest on any overdue outstanding sums due, at the rate of 4% per annum above the base rate of the Bank of Scotland, until the outstanding sum or sums and accrued interest thereon is paid.
3.5 Without prejudice to any of Our other rights, failure to pay any due sum from You to Us shall entitle Us to refuse to agree any further bookings under the Agreement or any other agreement with You and to cancel any uncompleted booking without incurring any liability whatever to You.
3.6 For business customers, You acknowledge that Your booking may be subject to relevant satisfactory credit reference checks being made.
3.7 VAT at the current rate is payable on all prices and charges quoted.
4 Deposit
4.1 You will on acceptance of the Quotation pay Us an initial deposit as follows:
- Net event value £5,000 or less £1,000 + vat deposit
- Net event value exceeds £10,000 £2,000 + vat deposit
- Net event value exceeds £15,000 £3,000 + vat deposit
- Net event value exceeds £20,000 £4,000 + vat deposit
- Net event value exceeds £25,000 £5,000 + vat deposit
- Net event value exceeds £30,000 20% + vat deposit
5 Cancellation and Alterations by You
5.1 If You wish to cancel or amend the booking You must notify Us in Writing at least 14 days prior to the Event. We will only accept such requests for amendments as We deem to be reasonable.
5.2 If You cancel the booking at any time, You will remain liable to reimburse any and all costs and out of pocket expenses, including reasonable administration charges, incurred by Us in connection with the Agreement. However, where possible We shall take reasonable steps to minimise Your liability for any costs and out of pocket expenses incurred by Us.
5.3 By entering into the Agreement You acknowledge that the cancellation and administration fees set out above are reasonable. We levy these charges as a genuine pre-estimate of Our loss, both to cover Our administration costs and to protect Us against losses when customers cancel bookings.
6 Products
6.1 Our fresh flowers are subject to availability. In the event of any supply difficulties, We reserve the right to substitute any product with an alternate product of a similar style and equivalent value and quality. If the substitution is significant, We will try to contact You via email. If We are unable to contact You via the contact methods provided prior to the time that We make up Your order, We will assume that You accept the substitution. Please note that foliage and sundries may be substituted without notice.
6.2 Our fresh flower assortments are not edible or otherwise suitable for human or animal consumption. Some flower and plant products may be harmful or poisonous if consumed.
6.3 Any fruit and vegetable items supplied by Us are intended for decorative purposes only and are not suitable for consumption.
7 Insurance
7.1 You agree that all the attendees and third parties at the Event for which this booking has been arranged will have separate and adequate insurance cover to protect them and their property against the risk of injury or harm accruing to them as a result of attending, hosting or otherwise participating in the event.
8 Warranty
8.1 We warrant that We will use reasonable care and skill in arranging the booking for the event. However, We will not accept responsibility for circumstances which fall outside Our direct control or the direct control of Our employees, servants or agents. Whilst We make every effort to ensure that proper arrangements have been made for the booking, we will not accept responsibility for acts of persons who are not our employees, servants or agents.
8.2 We give no warranty about the Event for which the booking is made as to its quality, suitability, or otherwise.
9 Your Obligations
9.1 You will ensure that all necessary prior written consents have been obtained from the Event venue, Event manager or any public authority (where necessary) for Us to bring to the Event the goods booked which may include, without limitation, breakable materials, flammable materials, candles, indoor fireworks and/or sparklers, electrical equipment, pedestals, stands and other display equipment and that all arrangements at the Event, including the supply of goods and services by Us in terms of the Agreement, comply at all times with all relevant fire, electrical, health and safety regulations (whether statutory or otherwise).
9.2 You will ensure compliance at all times with any and all instructions provided by Us in connection with the use of the goods and services provided by Us. You shall be responsible for informing all attendees and third parties at the Event of all such instructions.
9.3 You will ensure that all necessary access will be permitted to Us at the Event venue or as otherwise agreed in Writing for the purposes of collecting any hired or loaned goods which belong to us. If such access is denied and We are unable to regain possession of the goods within 30 days of the Event You will be liable to re-imburse to Us the full costs of replacing the goods.
10 Liability
10.1 Liability is limited to the supply of goods only. No responsibility will be accepted for any consequential loss.
10.2 The goods will be Your responsibility from the time We deliver them to the address You gave us or You or a carrier organized by You collect the goods from us.
10.3 We have no control over the running of the Event. We are not liable for any loss or damage caused by You or any attendees or third parties at the Event.
10.4 We are not liable to give any refund in the event that the Event is cancelled or postponed.
10.5 In any event Our liability for any and all claims arising in connection with the Agreement shall be limited to the sums paid to Us in connection with the Agreement. All complaints must be registered on the day of the alleged complaint. All claims for damages must be made within 14 days of the Event.
10.6 We shall not be deemed to be in default or otherwise liable for any loss, damage or expense due to any delay or failure of performance under the Agreement by reason of any act of God, fire, flood, natural disaster, accident, strike, riot, pandemic, epidemic, outbreak, crisis, act of government, failure of transportation or communication or any other cause beyond Our reasonable control.
10.7 The exclusion of liability in this clause 9 shall not apply in the event of death or personal injury arising as a result of Our negligence.
10.8 You will be liable to re-imburse to Us the full costs of replacing any lost, stolen or damaged goods which belong to Us and are supplied, hired or loaned in connection with the Agreement.
11 Indemnity
11.1 You shall indemnify and keep indemnified Us from and against all claims, actions, damages, liabilities and costs (including professional fees) arising out of the acts or omissions of You or any attendee at the event or any third party at the Event, save to the extent that any such claim arises as a result of Our negligence.
12 General
12.1 These terms and conditions are governed by the law of Scotland and are subject to the non-exclusive jurisdiction of the Scottish Courts.
12.2 For the avoidance of doubt, nothing in the Agreement shall confer on any third party any benefit of the right to enforce any term of these Terms and Conditions.
12.3 The Agreement constitutes the entire agreement between You and Us, and supersedes all previous or contemporaneous agreements, proposals, understandings, and representations (written or oral).
13 Photography and Social Media
13.1 We have the right to take photographs during the set up and event, You acknowledge that the photographs may be used on social media channels or for promotion purposes. If You do not wish photographs to be taken at Your Event, please advise Us in Writing at least four weeks prior to Your Event.
14 Data Protection
14.1 We comply with the UK GDPR and Data Protection Act 2018. Your personal data will be used solely for the purpose of fulfilling Our contractual obligations and will not be shared with third parties without Your consent.