TERMS AND CONDITIONS FOR HIRE (B2C)
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;
means any business, trade, craft, or profession carried on by You or any other person/organisation;
means, any day other than a Saturday, Sunday or bank holiday;
means any day of the year;
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;
means the contract for the hire of the Trees and Plants by You from Us, as explained in Clause 3;
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;
means the period for which You will hire the Trees and Plants;
means a calendar month;
means the total price payable for the hire of the Trees and Plants;
means Your order for the Trees and Plants;
means Our acceptance and confirmation of Your Order as described in Clause 3;
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;
means Fuss Pots, Sole Trader, whose main trading address is Granary Barn, Middle Marwood, Barnstaple, EX31 4EG; and
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.
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
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 email@example.com 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.
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.
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 firstname.lastname@example.org, 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 email@example.com
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.
Floristry BY FUSS POTS
Terms and Conditions
These terms and conditions (the “Terms and Conditions”) are the terms and conditions upon which Fuss Pots (“we/us”) makes available to you, the event commissioner, any of our services. By paying the booking fee to secure your wedding flowers with Fuss Pots you agree to the following terms and conditions.
- Fuss Pots Products and Services
1.1 All Fuss Pots products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute a previously agreed ingredient or component within a design of equivalent value and quality without notice. This includes specific flowers/ plants and sundries that may not be available. I would stress that flowers and plant material are natural products and colours may differ/ be unavailable to those agreed but we will always make every effort to source products accordingly.
1.2 In the event that Fuss Pots are unable to supply product, service or any substitute product or service to you at all, we shall notify you as soon as is reasonably possible and shall reimburse your payment in full. See 7.1.
1.3 All in person consultations will be made by appointment only. The initial consultations are complimentary. Once your wedding date is booked Fuss Pots is available for contact by phone and email at any stage to answer any questions and queries you may have. Additional consultations in person are chargeable to cover time and travel.
- Prices and payment
2.1 Prices listed within the Fuss Pots service proposal will remain valid for 14 days from the date sent to you, the event commissioner. Prices in the proposal should be taken as a guide. Should the ingredients or components for the intended final design of the product or service rise significantly we shall notify you, the event commissioner as soon as reasonably possible and pass this cost on to said event commissioner. When placing your order, you will be required to pay a deposit of 25% of the total price to secure your order.
2.2. The final invoice for your wedding flowers will be issued to you after your order has been confirmed. Full payment for the product or service must be received prior to the event or service and should be paid 2 weeks before the event. Fuss Pots reserves the right to cancel any wedding flowers, if payment is not made by this date. We are not obliged to offer any compensation for inconvenience caused.
2.3 Once flowers have been confirmed, any subsequent changes made to a wedding order must be submitted in writing by the bride, groom or appointed acting party. Fuss Pots will order your wedding flowers approximately ten to fourteen days before your wedding date, dependent on type of flowers chosen. You will not be allowed to make any significant changes after the order has been placed without additional fees. We will, however try to make small changes where possible to accommodate your needs.
3.1 Fuss Pots charges for travel at a cost of 65p per mile using a car. Delivery charges with the use of our trailer is 75p per mile. For travel times over 60 minutes, a rate of £15.00 per hour, or part thereof will be charged in addition to mileage.
3.2 Incorrect personal details may lead to problems or delays in delivery, so before placing or confirming your order for a product or service, please ensure that you, the event commissioner, have provided full address and telephone details, including accurate postcode of the venue or agreed recipient and your contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered.
3.3 The event commissioner’s flowers will be delivered or set up at a time previously agreed between Fuss Pots and you, the event commissioner. If for any reason we are not able to meet the delivery or set up time, the event commissioner will be notified as soon as feasibly possible.
- Event set up
4.1 Fuss pots will personally deliver and set up your flowers unless otherwise agreed. For large events trusted assistants are brought in to ensure smooth and timely set up.
4.2 Fuss Pots accept no responsibility for any damage caused by flames or lit candles at an event once we have left the wedding set up. Whilst Fuss Pots can provide candles and candle vessels, it is usually the caterer and/ or venue staff that light them and we will not therefore be held accountable for any damage caused by them.
4.3 Fuss Pots accepts no responsibility for failure to collect, wear or use any arrangements for specific use by the bridal party, i.e. buttonholes or bouquets, once they have been left by our team at the relevant- and pre-agreed- venue. Any oversight to correctly collect and, for example, pin on buttonholes on behalf of the wedding party as a whole, or by an individual, remains the responsibility of said wedding party and/ or individual.
4.4 Fuss Pots requires that we are the sole provider of floral arrangements and/ or fresh flowers and foliage décor. If you wish to add your own arrangements, please notify us. Please note, other than church flower teams, we will not work or partner with any other provider of floral décor for your event. This is non-negotiable.
4.5 If any elements are being picked up from us or transported from one venue to another by anybody other than Fuss Pots staff or associates you do so at your own risk.
4.6 On setting up a venue it is the responsibility of the Bride and groom to make sure access and parking is available near the venue. Any parking charges will be chargeable.
4.7 Your quotation includes the cost of setting up the floral elements of your wedding. On the day we cannot help with any other additional styling services, ie helping with chair covers, assisting in cake construction or any other assistance your guests may require. If any other services are required you will be sent an additional bill after the wedding.
4.8 On setting up the venue it is the responsibility of the Bride and Groom to notify caterer/venue co-ordinator of the number of floral decorations purchased and where these should be placed upon our arrival.
- Cancellation Fuss Pots products or service
5.1 Cancellation of the Fuss Pots products or service must be notified as soon as reasonably possible. Any booking fee paid will be retained regardless of the circumstances of the cancellation. As per term 2.2, we must receive full payment 2 weeks before the event. If you cancel your event within this time, after we have received payment from you, we will be unable to offer a refund, and will retain the full amount. Please see below for following timescales and refund amounts:
- 9 months or more before event date: Booking fee retained, no further payment required
- 6-8 months before the event date: Booking fee retained, and an admin fee of £150 required
- 3-5 months before the event date: Booking fee retained, and 50% of final amount payable
- 4 weeks – 3 months before the event date: Booking fee retained, and 75% of final amount payable
- 4 weeks up to event date: Booking fee retained, and full amount payable.
- Complaints about the Fuss Pots product or service
6.1 In the event that the event commissioner is not satisfied with Fuss Pots product or service, any complaints should be addressed in the first instance, and within 1 working day of the delivery date, to:
Telephone 01271 850025
Address Fuss Pots, Granary Barn, Middle Marwood, Barnstaple, Devon, EX31 4EG
6.2 Because of the perishable nature of our products, the event commissioner will be advised upon delivery how to store/ care for your product and we ask that you fulfil this. Usually, the instruction will be to keep the product in a cool place, away from draft, heat or strong fumes and, if a bridal bouquet, in its water bubble, tissue paper or gift bag until usage.
- Disclaimer- Ill health, Acts of God or adverse weather conditions
7.1 Whilst we agree to use our reasonable endeavours to ensure that the Fuss Pots is fully operational and error-free we cannot guarantee this. Acts of God, sudden ill health and adverse weather conditions may affect our ability to deliver the a Fuss Pots product or service. However, in cases of adverse weather we will remain in contact with the event commissioner in the lead up to the event and, if the event is out of season, we will discuss a contingency plan with the event commissioner. We have contingency plans for such occasions of sudden ill health. If Hannah is unable to personally complete or deliver your event, then this will be completed by a member of our team or outsourced accordingly. Ultimately, we can accept no responsibility for Acts of God, sudden ill health or adverse weather conditions and if we are prevented from providing the Fuss Pots Florist service or product as agreed, then we can only offer a refund of full monies paid.
7.2 Fuss Pots cannot be held responsible to failure to deliver any order due to an act of God, terrorism, crime, transport failure, illness of staff members, extreme weather conditions or denial of acces to venues or religious sites.
- Props, styling and décor
8.1 Items hired or borrowed from Fuss Pots (such as vases, containers, props) shall at all times remain the property of Fuss Pots. You are responsible for the goods during the hire period from the time of delivery until the goods are accepted back into the possession of Fuss Pots. All items must be returned in the condition they were delivered or a replacement fee for the item will be charged. The hire period for all goods supplied by Fuss Pots will be variable and agreed prior to your wedding day, along with details for return/collection.
9.1 We reserve the right to supplement and amend the Terms and Conditions of Fuss Pots Florist product or service from time to time. We will inform the event commissioner of any changes to the Fuss Pots Florist terms and conditions. If you do not sign and return a copy of the Terms and Conditions as listed herewith; by the act of paying a booking fee you are proceeding with the booking and entering into a contract and therefore agree to these Terms and Conditions.
9.2 Additionally, we reserve the right to suspend, restrict or terminate Fuss Pots products or services for any reason at any time.
- Additional Information
10.1 Pinning of buttonholes /corsages on dresses and suits is done at the wearers own risk. Fuss Pots cannot be responsible for any snagging, staining or tearing to delicate materials by any pins, fastening or flowers/plants we supply.
10.2 Plant material can be harmful if consumed or handled. Please make people aware of this especially children, and make sure animals cannot access products supplied by Fuss Pots. Fuss Pots takes no responsibility of any loss or damage caused by products.
Updated March 2020