Terms and Conditions
By accepting a quote and making a booking either over the phone, email or website’s contact us form, the customer agrees to the following terms and conditions of Flowersbylulu.
Below you can read about the terms and conditions that apply when you book via Flowersbylulu which includes:
- Bookings
- Purchases
- Hire
- Flowers
- Online Correspondence
- Gifts / Classes
DEFINITIONS
1.1. In these Terms of Business the following definitions apply:
“The Company”, “We”, “Us” – means Flowersbylulu.
“Florist”, “Us”, “Flowersbylulu” – means the person or firm providing flowers for a service on behalf of the Company.
“Customer” – means the person or corporate body together with any subsidiary or associated company as defined by the Companies Act 2006, to whom the service are supplied by the Company.
“Customer’s Address” – means the address where the Customer has requested the services to be carried out.
“Weddings”, “Sympathy”, “Funeral”, “At Home”, “Service” “Goods”– means the service provided on behalf of the company.
“Visit” – means the visit to the Customer’s service address by the Company in order to provide the Service.
1.2. Unless the context requires otherwise, reference to the singular include the plural and references to the masculine include the feminine and vice versa.
1.3. The Headings contained in these Terms are for convenience only and do not affect their interpretation.
CONTRACT
2.1. These Terms and Conditions represent a contract between Flowersbylulu and the Customer.
2.2. Both parties will ensure that their respective responsibilities under this agreement are undertaken in compliance with all statutory regulations and codes of conduct.
2.3. The Customer agrees that any use of the Company’s service, including placing an order for works by phone, email, website forms will constitute the Customer’s acceptance of these Terms and Conditions.
2.4. Unless otherwise agreed in writing by a manager of the Company, these Terms and Conditions will prevail over any other terms of business or purchase conditions put forward by the Customer.
2.5. No variation or alteration of these Terms and Conditions will be valid unless approved in writing by a manager of the Company.
QUOTATIONS
3.1. All quotations are given by the Company following a request by the Customer and will remain open to acceptance for a period of 30 days from their date. This does not include Weddings.
3.2. We reserve the right to amend the initial quotation, should the Customer’s original requirements change.
3.3. Differences in excess of 10% will be discussed with the Customer prior to the start of the work.
PAYMENT
5.1. The Customer must make payment either by Cash, Card or Bank Transfer and paid in full before the service or goods are delivered or unless arrangements have been made via payment on delivery.
5.2. Although greatly appreciated and a powerful way to say ‘Thank you’, the Customer understands that tipping is not required.
5.3. We reserve the right to charge interest on invoiced amounts unpaid for more than 14 days at the rate of 8% per annum above the Bank of England base rate from the due date until the date of actual payment under the Late Payments Act.
5.4. We reserve the right to cancel any contract and back charge additional past services to reflect the balance of the standard rate if any misleading or false information was used to obtain a discounted service or if the given general requirements for the service and its professional performance would not be possible.
5.5. Where such alternative arrangements have been made the Customer must make payment within 14 days of the invoice date.
5.6. The rates of payment by the Company will be as agreed between the Company and the Customer, or his/her representative. The Customer will make no reduction or retention from the sum due under any invoice.
CANCELLATION
6.1. The Customer can cancel the scheduled service by giving no less than 48 hours prior notice in writing / email or by phone. This does not include weddings, funerals or events booked in advance. In case the service is cancelled after this time or up to an hour before the scheduled service the company requires the customer to pay a cancellation fee of £50.00. If the Customer reschedules the service to a different day or time, no cancellation/rescheduling fee is required.
6.2. There is also a serperate non completed job fee of £45.00 if:
6.3. Our florist arrives at the Customer’s address and are unable to gain access to the Customer’s property, through no fault of the Company. If the customer or third-party have prevented us to do our job.
6.4. If the Customer reschedules the service upon arrival of the florist onsite, and should cover travel expenses to the Operative.
REFUNDS
7.1. Refund will be issued only if:
7.1.2. The Customer has cancelled a service within the allowed time prior to the start of the service.
7.1.3. We have not been able to provide the works due to reasons beyond the Customer’s responsibility.
7.2. According to Consumer Rights Act 2015 a price reduction can be issued only if a repeat performance cannot be provided from the Company within a reasonable time frame, which is equal to 14 business days upon completion of the service.
COMPLAINTS
8.1. We request that complaints or feedback be provided in writing (by letter or email) and include photographic evidence of the issued area and description of the issue within reasonable time of the work being completed, to ensure that the details are received in a clear and complete manner. Due to the nature of the service, reasonable time is equal to up to 48 hours upon completion of the service.
8.2. All services will be deemed to have been provided to the Customer’s satisfaction unless a written notice detailing the complaint is received by the Company within reasonable time of services completion. The Company will fully investigate any complaints and attempt to resolve them to the satisfaction of the Customer, or alternatively to a reasonable standard.
8.4. The Customer agrees to allow the Company back to re-do any disputed areas or repair damaged items, before making any attempts to put right those areas or arranging a third party to visit the property with regards to the above. Failure to do so will consider the matter is fully settled.
8.5. According to Consumer Rights Act 2015 a repeat performance can be requested only if reasonable and is not in conformity with our requirements for a professional performance of the service.
8.6. Further to Consumer Rights Act 2015, the service should be performed with reasonable care and skills, however if it is in conformity with our requirements for a professional performance of the service the company will not be liable for any future issues.
CLAIMS
9.1. The Customer agrees that due to the nature of the services we provide the Company guarantees only to correct any problems reported within reasonable time equal to 48 hours upon completion of the works. Failure to do so will entitle the Customer to nothing.
9.2. We may require entry to the property/venue of the claim as soon as possible in order to rectify the problem.
9.4. The Customer agrees to inspect the work immediately upon completion and to draw the florists attention to any outstanding issues while they are still on site. The company will provide any such additional work to the Customer’s complete satisfaction.
9.5. If the Customer or any third party instructed by the Customer is not present at the time of completion of the provided service to inspect the work then no claims regarding any issues can be made.
9.6. If the Customer instructs a third party to inspect the result from the service then the Company must be notified before completion of the works.
9.7. In case of a third party inspecting or refusing to inspect the result from the service then the Company cannot be held responsible for rectifying any outstanding issues not mentioned by the third party.
9.8. Any refunds or adjustments must be requested to Us directly and subject to approval by Us.
9.9. The Customer waives the right to stop payment being processed via card or protest a Bank Transfer payment.
10.1. While the Company make every effort not to break items, accidents do happen. Identical replacement is always attempted but not guaranteed. For this specific reason, We request all irreplaceable items (whether monetarily or sentimentally valuable) be stored away and or not moved by anyone.
10.2. In case of confirmed damage, caused by Us, the Company will attempt to repair the item at its cost. If the item can’t be repaired We will rectify the problem by crediting the client with the item’s present actual cash value toward a like replacement from a Company’s source upon payment of the service rendered.
10.3. We will not be responsible for damage due to faulty and/or improper installation of any item also old/worn out/damaged items.
10.12. No claims will be entertained if the Customer has an outstanding balance aged more than 14 days.
LIABILITY
11.1. The Company will not be liable under any circumstances for any loss, expenses, damages, delays, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Customer arising from or in any way connected with:
11.1.1. Its failure to provide its services as a result of factors that are beyond its control. Factors beyond its control include acts of floods, severe weather condition, and inability to gain access to premises, lack of appropriate resources, such as water, electricity, and lighting;
11.1.2. Late arrival of Company’s operatives at the service address. The Company endeavours to be right on time on any visit but sometimes due to transport related and other problems which are beyond the Company’s control, the Company’s florist may arrive with a delay or the visit may be re-scheduled.
11.1.3. An existing damage to Customer’s property/venue already in place prior to arrival.
11.1.4 Non satisfactory result from the completed service due to the Customer holding / breaking / disturbing items delivered or made by Us during setup.
11.1.5 The Company will not be liable for any damages worth £40.00 or less.
11.1.6. The Company will not be liable for any odours arising during and/or after the service when this is due to factors such as, lack of ventilation, and/or appropriate heating.
11.1.7. The Company will not be liable under any circumstances for any loss, expenses, damages, delays, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Customer if the Customer has an outstanding balance aged 14 days or more from the date the payment was due.
SUPPLEMENTARY TERMS
12.1. If the Customer requests key/s to be collected by the Company’s operative from an address outside the postal code of the Customer’s address then a £10.00 charge will apply. The charge will cover only the pick up of key/s. If said keys need to be returned back to the pick up address or any other address another charge of £5.00 will apply.
12.2. If any estimates of how long it will take the florist to do the job required are being provided that is only an estimate based on the average time it takes to make and supply the goods. How long such tasks may take and that a degree of flexibility may be required.
12.3. The quotation excludes the clearing of debris left by previous companies or florists unless otherwise stated.
12.4. We are happy to move furniture. Due to Health and Safety regulations one operative will attempt to move only furniture that requires no more than one person.
12.5. All fragile and highly breakable items must be secured or removed.
12.6. The Customer will ensure that all valuables are stored away when work is provided and that the property is supervised by the Customer or his representative at all times during the course of the work. The Company will not be responsible for the Customers failure to comply with this obligation.
12.7. The provisions of this contract are not intended to confer any benefit upon Third parties and the provisions of the Contracts (Rights of Third Parties) Act 1999, are hereby expressly excluded from this agreement.
12.8. The Company reserves the right to make any changes to any part of these Terms and Conditions without giving any prior notice. The Company may add to or alter these Terms and Conditions from time to time and any alterations or additions will apply to new business but not to existing contracts. Please refer to your copy of these Terms and Conditions.