Terms & Conditions

TERMS AND CONDITIONS FOR HIRE (B2C)

BACKGROUND: 

These Terms and Conditions are the standard terms which apply:

to the hire of Trees and Plants by Fuss Pots a Sole trader whose registered address is Granary Barn, Middle Marwood, Barnstaple Devon EX31 4EG 

where You are hiring Trees and Plants as a “Consumer” as defined in Clause 1 of these Terms and Conditions.

Definitions and Interpretation 

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Accidental Damage Waiver”

means a fee paid by You which covers any accidental damage to Trees and Plants that would otherwise incur charges, as explained in Clause 10;

“Business”

means any business, trade, craft, or profession carried on by You or any other person/organisation;

“Business Day”

means, any day other than a Saturday, Sunday or bank holiday;

“Calendar Day”

means any day of the year;

Consumer”

means  a “Consumer” as defined by the Consumer Rights Act 2015, that is to say an individual who hires Trees and Plants for his/her personal use and for purposes wholly or mainly outside the purposes of any Business;

“Contract”

means the contract for the hire of the Trees and Plants by You from Us, as explained in Clause 3;

“Deposit”

means the sum payable at the time of Your Order that is required to secure your Order;

“Trees and Plants”

means any Trees and Plants, potted or un-potted, supplied by Us and hired by You subject to these Terms and Conditions;

“Hire Period”

means the period for which You will hire the Trees and Plants;

“Month”

means a calendar month;

“Price”

means the total price payable for the hire of the Trees and Plants;

“Order”

means Your order for the Trees and Plants;

“Order Confirmation”

means Our acceptance and confirmation of Your Order as described in Clause 3;

“Security Deposit”

means the sum payable under sub-Clause 7.5 to cover the non-return, loss, theft or non-accidental damage of the Trees and Plants;

“We/Us/Our”

means Fuss Pots, Sole Trader, whose main trading address is Granary Barn, Middle Marwood, Barnstaple, EX31 4EG; and

“You”

means you, the hirer of the Trees and Plants.

 

Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.

Each reference the singular number shall include the plural and vice versa where appropriate. 

Information About Us

Fuss Pots, is a Sole Trader whose main trading address is Granary Barn, Middle Marwood, Barnstaple, EX31 4EG.

The Contract

These Terms and Conditions govern the hire of Trees and Plants from Us and will form the basis of the Contract between Us and You. Before completing Your Order, please ensure that You have read these Terms and Conditions carefully. If You are unsure about any part of these Terms and Conditions, please ask Us for clarification.

Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.

A legally binding contract between Us and You will be created upon Our acceptance of Your Order, indicated by Our Order Confirmation, and Your payment of the Deposit. Order Confirmations will be provided in writing by email as soon as possible.

Trees and Plant Details

We use all reasonable endeavours to ensure that Trees and Plants are regularly maintained, watered, and cared for appropriately, and/or replaced as necessary.

We will advise You on how to care for these products if required.

The trees and plants will be supplied in suitable containers and wraps which are to be returned undamaged and as received.

Your Order and Rules of Hire

When making Your Order, You will be required to supply the following information:

  • Contact and full name of person/s hiring;
  • Date of hire;
  • Address of where the trees will be hired;
  • Any delivery/access information which will effect delivery.

The following rules apply to Your hire and use of Trees and Plants:

  • Trees and plants are to remain in pace during duration of hire;
  • Drinks are not to be poured on to them during the event;
  • Leaves/flowers are not to be pulled off;
  • Pots should not be stood on or sat on
  • Trees should not be lent on
  • Trunks should not be swung on

Hire Period

The Hire Period shall be chosen in Your Order and confirmed in Our Order Confirmation.

Unless it is expressly stated otherwise, the Hire Period begins at on the first day of the Hire period and ends on the final day of the Hire Period.

Unless We expressly agree otherwise (and confirm that agreement in writing), no Hire Period may exceed the time agreed.

You may extend the Hire Period by contacting Us via email info@fusspots.co.uk or telephone 01271 850025. Extended Hire Periods shall be charged at Our normal daily rate. 

Fees and Payment

When placing Your Order, You will be required to pay a Deposit of 25% of the total Price to secure your Order.

The Price for the Trees and Plants will be that shown in Our quotation current at the time of Your Order.

We may, from time to time, offer special prices, discounts and other promotional offers. Any such special prices will be valid only for the period advertised. Orders placed during such a period will be accepted at the special price even if We do not accept the Order until after the period has expired.

The balance of the Price (i.e. the full payment) should be made 1 week before you receive delivery of the Trees and Plants at the start of the Hire Period.

A Security Deposit of £100 should be paid by bacs when You collect the Trees and Plants at the start of the Hire Period. We will not release any Trees and Plants to You without the payment of the Security Deposit. The Security Deposit will be retained by Us in full or in part if any Trees and Plants are not returned, lost, stolen or damaged in any way that falls outside of the Accidental Damage Waiver.

Fuss Pots are currently not VAT registered.

Cancellation

You may cancel Your Order at any time before the start of the Hire Period subject to the following:

For Orders cancelled more than 1 month before the start of the Hire Period, there will be no charge and Your Deposit will be refunded in full.

For Orders cancelled less than 1 month but more than 2 weeks before the start of the Hire Period, We will retain Your Deposit in full.

For Orders cancelled less than 2 weeks but more than 1 week before the start of the Hire Period, We will retain Your Deposit in full and charge a further cancellation fee of 25% of the total Price.

For Orders cancelled less than 1 week before the Hire Period begins, We will retain Your Deposit and the balance of the full Price will also be payable.

We may, at Our sole discretion, reduce or waive any of the charges detailed above if Your cancellation is due to exceptional circumstances.

Collection, Hire and Return

The Hire Period begins on the date stated in the Order Confirmation. This is the time from which the Trees and Plants will be ready for collection from the store.

You should check the Trees and Plants at the time of collection. If there are any items missing or if there is any visible damage to the Trees and Plants, You should inform Us immediately, before leaving the store. We will use all reasonable endeavours to replace missing items or damaged Trees and Plants.

We are required by law to provide consumers with goods that are of satisfactory quality, fit for purpose, and in accordance with descriptions, samples, models and other pre-contract information provided by Us. We are also required to set up the goods correctly and, for the purposes of this Clause 9, Our failure to do so will render the goods ‘damaged’ and/or ‘faulty’. If You discover any damage (pre-existing) or fault with the Trees and Plants during the Hire Period, please inform Us as soon as is reasonably possible. We will use all reasonable endeavours to provide a suitable replacement or, if a repair is possible without causing you any inconvenience, We will repair the Trees and Plants. If We are unable to replace or repair the Trees and Plants, or if You would prefer to reject the damaged or faulty Trees and Plants, whether before or after a repair or replacement (if the replaced or repaired Trees and Plants is still damaged or faulty), We will offer you a refund equal to the remaining, unused part of the Hire Period. Any refund due to You will be made as soon as is reasonably possible, and in any event within 14 calendar days of the date on which We agree that You are entitled to a refund. Refunds will be made using the same payment method originally used by You unless you specifically request a different method.

The Hire Period end on the date stated in the Order Confirmation. Any Trees and Plants returned late will incur an excess charge of the normal day rate per item, per day (with the first day taking effect on the date stated in the Order Confirmation.) Trees and Plants may be returned early, however We are unable to issue any refunds of any kind for early returns that do not fall under sub-Clause 9.3.

Accidental Damage Waiver

An Accidental Damage can be added to Your Order at Your request.

The Accidental Damage Waiver covers the following:

Any accidental damage to Trees and Plants while they are in Your possession;

The Accidental Damage Waiver does not cover the following:

Malicious or deliberate damage or that which, in Our opinion, has been caused by carelessness or improper use;

If You do not take out the Accidental Damage Waiver, You will be responsible for any and all of the types of damage and/or loss shown above in sub-Clause 10.2 in addition to that shown in sub-Clause 10.3.

Loss and Damage

You are responsible for, and will be required to indemnify Us for, any loss or damage which may occur to Trees and Plants that falls outside of the terms of the Accidental Damage Waiver described in Clause 10.

Any charges due under this Clause 11 will firstly be taken out of Your Security Deposit. If the cost of repairing the damage or replacing the Trees and Plants is, in Our opinion, higher than the sum of the Security Deposit, You will be required to pay any excess sum.

You will not be responsible for any pre-existing damage to Trees and Plants that has already been identified under sub-Clause 9.2 at the time of collection, or for any damage or faults that are discovered under sub-Clause 9.3

Full details of all charges are available on request.

Our Liability

We will be responsible for any foreseeable loss or damage that You may suffer only as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable only if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is formed. We will not be responsible for any loss or damage that is not foreseeable.

In any event, Our total liability under these Terms and Conditions shall be limited to the value of the Contract between Us and You, that is, the total Price payable by You.

Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

Nothing in these Terms and Conditions seeks to exclude or limit Our liability with respect to Your legal rights as a consumer. For more information on your legal rights and on the remedies you may be entitled to if something goes wrong, please contact Us and/or your local Citizens Advice Bureau or Trading Standards Office.

Events Outside of Our Control (Force Majeure)

We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

We will inform You as soon as is reasonably possible;

We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability as necessary;

If the event outside of Our control continues for more than 24 hours We will cancel the Contract and inform You of the cancellation in writing;

If an event outside of Our control continues for more than 24 hours and You wish to cancel the Contract, You may do so by informing us in writing;

If the Contract is cancelled under this Clause 13 before the Hire Period begins, any and all sums You have paid to Us will be refunded in full. Other provisions in these Terms and Conditions regarding the retention of sums paid shall not apply.

Communication and Contact Details

If You wish to contact Us with questions or complaints, You may contact Us in person by telephone at 01271850025, by email at info@fusspots.co.uk, or by post at Fuss Pots, Granary Barn, Middle Marwood, Barnstaple, EX31 4EG.

Complaints and Feedback

We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.

All complaints are handled in accordance with Our complaints handling policy and procedure.

If You wish to complain about any aspect of Your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Trees and Plants, please contact Us in one of the following ways:

In writing, addressed to Hannah Burge, Fuss Pots, Granary Barn, Middle Marwood, Barnstaple, EX31 4EG.

By email, addressed to Hannah Burge info@fusspots.co.uk  

By contacting Us by telephone on 01271850025 or 07903668045

How We Use Your Personal Information (Data Protection)

All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.

For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from our website www.fusspots.co.uk.

Other Important Terms

We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs You will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.

You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

Governing Law and Jurisdiction

These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales. 

As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.

Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.