Wild Flower Studios
Terms and Conditions 2019-2020
Please read all these terms and conditions.
- These terms and conditions will apply to the provision of services to you (the Customer and/or the Hirer), and ourselves, (the Supplier) Rebecca Walker trading as Wild Flower Studios of 21 St Nicholas Road, Newbury, Berkshire, RG14 5PR
- ‘Fee’ means the fee which you agree to pay for the supply of the Services, by us, on these terms and conditions;
- ‘we’, ‘us’ or ‘our’ is a reference to Wild Flower Studios (as defined above);
- ‘you’ or ‘your’ is a reference to you, the Customer and/or Hirer, to whom we are supplying goods and/or services and who is required to pay for the goods and/or services which we supply to you;
- ‘Order Form’ means the Order Form which you can request a copy of by calling us on 07718917747, emailing us on email@example.com or which can be found on our website www.wildflowerstudios.co.uk.
- ‘Parties’ is a reference to both us and you;
- ‘Premises’ means the place where we will provide the Services; and
- ‘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 in connection with your Order. The precise Services which we will be providing to you will be stated in your Order Form with such additions or amendments we and you may agree from time to time.
- Contact Details
- Our contact details are: Mobile: 07718917747 Email : firstname.lastname@example.org postal address Wild Flower Studios of 21 St. Nicholas Road, Newbury RG14 5PR
- All estimates given by, and contracts made with, Wild Flower Studios are subject to these terms and conditions. By accepting an estimate and confirming an Order with us you agree to be bound by these terms and conditions.
- Entering into a legally binding contract
- A contract between you and us will come into being when we notify you that we have received and accepted your completed Order Form by issuing an Order Acceptance, as set out in clause 4 below.
- We suggest that before you complete and return the Order Form you read through these terms and conditions. If you have any questions concerning them please ask us.
- You should keep a copy of these terms and conditions for your records.
- Making an order
- When you place an Order, by completing and returning the Order Form, you are making an offer to buy the Services which you have specified in that Order Form at the price stated for them by us. At this stage there is not a binding contract between you and us.
- When we have received your Order Form, if we accept your Order, we will acknowledge and confirm that by issuing an Order Acceptance which we will send to you by email if you have placed the Order online, or by post if you have sent us an Order via the post. The Order Acceptance will provide details of what you have ordered, the price that will be charged, as well as other information about the progress of your Order and delivery information. At this stage there will then be a binding contract between you and us.
- Our Order Acceptance will only cover the Services mentioned in it. If you wish to add to your Order please contact us again to discuss, any additional Services will only be accepted when we send a further Order Acceptance.
- Estimate are valid for 28 days. Please note that we only provide estimates prior to issuing an Order Acceptance and not quotations or binding indications of how much we will charge.
- 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 28 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:
- 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
- because the price of the relevant flowers and plants has increased; or
- when we start performing the Services it becomes apparent that the amount of Services we will need to perform or the type of work that is involved is different to what 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 your Order increase by more than 10%, Wild Flower Studios 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.
- 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.
- 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.
- 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:
- where weather conditions make it impossible or unsafe for us to perform any of the Services;
- 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);
- where you make a change in the Services you wish us to perform (and this results in, for example, us having to do further work or wait for new or different flowers or other materials);
- 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);
- where we are unable to gain access to the Premises to carry out the Services at the times and dates we have agreed with you;
- 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;
- 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:
- continuing to wait until we are able to recommence performing the Services, if you are required to make any payments during this period (for example if we and you have agreed that you will pay us in staged amounts) then we will not require you to make any of the payments required 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 in hospital 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 the client’s satisfaction, within the style and price range requested by the client. 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.
- Booking Fee And Other Payments
- A 25% Booking Fee is required upon submission of your Order Form to secure your Order. If you decide to cancel your Order (otherwise than within 14 days and in accordance with clauses 15.1 and 15.2 below) this Booking Fee is non-refundable.
- 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 have made your Order we will hold your Booking Fee for up to six months (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 months (6 months) ahead then your Booking Fee will be forfeited.
- The Booking Fee will be subtracted from the agreed Fee and this subtraction will be acknowledged on your final invoice.
- Payment of the Booking Fee must be sent to us with your signed order form, We will not issue an Order Acceptance until the Booking Fee has been paid.
- Once the Booking Fee has been paid then the prices and dates are secure except as otherwise provided in these terms and conditions.
- You will receive a final invoice approximately 4 weeks before the date when we are to provide the Services and payment of that invoice is required within fourteen (14) days.
- Payment is accepted by direct payment via internet banking. For other payment methods, please contact us.
- Unless stated otherwise, all amounts stated (whether orally or in writing) are inclusive of VAT.
- Availability of Flowers
- 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. Wild Flower Studios 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 Wild Flower Studios may have to substitute for the same value and quality without notice.
- We do not guarantee specific stem types.
- When sending your completed Order Form please 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.
- Delivery & Set Up
- If delivery is out of the local area ( 5 mile radius of Millets Farm Centre or Newbury Town Centre, a delivery charge will be added to any estimate which we have given you.
- 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 07718917747.
- Wild Flower Studios cannot be held responsible for any damage caused to flower arrangements after they have been delivered and checked.
- Hire/ Use Of Vases, Crates, etc.
- We charge a refundable deposit of £25 for this service. Containers must be returned to Wild Flower Studios within fourteen (14) days, or as otherwise agreed with us in writing.
- Charges will be made for any glassware returned cracked, chipped or broken. Replacement of goods is charged at the current purchase price.
- Equipment hired (jugs, bottles, vases, plinths, candelabras, etc.) remain the property of Wild Flower Studios at all times.
12.1 Wild Flower Studios 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.
- Late payment
- If you fail to make payment by the date or time which we and you have agreed you should do, we may:
- 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 fifteen (15) days from the date of our invoice or when we asked you first to pay them; and/or
- 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.
- 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.
- Exclusion and limitation of liability
- 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 Wild Flower Studios 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.
- To the extent that we may legally do so we limit our liability under the contract to the amount of the Fees.
- 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.
- 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.
- We accept no liability or responsibility for injury, damage or staining caused by pollen from products provided.
- 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.
- Once your Order has been accepted by us, if, for any reason, you wish to change or cancel your Order you can do so up to 14 calendar days afterwards, unless you have instructed us to provide the goods or 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.
- If you wish to cancel please notify us as soon as possible by calling 07718917747 or Email: email@example.com
- On cancellation you will be responsible for the cost of :
- any of our time in performing the Services up to the date we stop providing the Services;
- 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).
- If we agree to allow you to cancel outside of the 14 day period mentioned in clause 15.2 any Booking Fee already paid by you will not be refundable.
- If you:
- 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.
- Amendments to the contract terms and conditions
- We will have the right to amend the terms and conditions of this contract where:
- we need to do so in order to comply with changes in the law or for regulatory reasons; or
- 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.
- Where we are making any amendment we will give you ten (10) days’ prior notice (unless the contract is terminated before that period).
- Contacting each other
- If you wish to send us any notice or letter then it needs to be sent to 21 St. Nicholas Road, Newbury, Berkshire, RG14 5PR and should be marked for the attention of Rebecca Walker (Wild Flower Studios) or sent by email to firstname.lastname@example.org. If we wish to send you a letter or notice we will use the address, whether postal or email address, which you have given in your Order Form.
- Contracts (Rights of Third Parties) Act 1999
- 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.
19.1 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.
- 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.
- How to contact us:
This is the privacy notice of Wild Flower Studios. In this document, “we”, “our”, or “us” refer to Wild Flower Studios.
Our registered office is at 21 St. Nicholas Road, Newbury, Berkshire, RG14 5PR
This privacy notice aims to inform you about how we collect and process any information that we collect from you, or that you provide to us. It covers information that could identify you (â€œpersonal informationâ€) and information that could not. In the context of the law and this notice, â€œprocessâ€ means collect, store, transfer, use or otherwise act on information. It tells you about your privacy rights and how the law protects you.
We are committed to protecting your privacy and the confidentiality of your personal information. Our policy is not just an exercise in complying with the law, but a continuation of our respect for you and your personal information.
We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.
Our policy complies with the Data Protection Act 2018 (Act) accordingly incorporating the EU General Data Protection Regulation (GDPR).
The law requires us to tell you about your rights and our obligations to you in regard to the processing and control of your personal data. We do this now, by requesting that you read the information provided at http://www.knowyourprivacyrights.org
Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.
- Data we process
We may collect, use, store and transfer different kinds of personal data about you. We have collated these into groups as follows:
Your identity includes information such as first name, last name, title, date of birth, and other identifiers that you may have provided at some time.
Your contact information includes information such as billing address, delivery address, email address, telephone numbers and any other information you have given to us for the purpose of communication or meeting.
Your financial data includes information such as your bank account and payment card details.
Transaction data includes details about payments or communications to and from you and information about products and services you have purchased from us.
Technical data includes your internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
Your profile includes information such as your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
Marketing data includes your preferences in receiving marketing from us; communication preferences; responses and actions in relation to your use of our services.
We may aggregate anonymous data such as statistical or demographic data for any purpose. Anonymous data is data that does not identify you as an individual. Aggregated data may be derived from your personal data but is not considered personal information in law because it does not reveal your identity.
For example, we may aggregate profile data to assess interest in a product or service.
However, if we combine or connect aggregated data with your personal information so that it can identify you in any way, we treat the combined data as personal information and it will be used in accordance with this privacy notice.
- Special personal information
Special personal information is data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data.
We do not collect any special personal information about you.
- If you do not provide personal information we need
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform that contract. In that case, we may have to stop providing a service to you. If so, we will notify you of this at the time.
The bases on which we process information about you
The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category.
If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data.
If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.
- Information we process because we have a contractual obligation with you
When you create an account on our website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.
In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.
We may use it in order to:
- verify your identity for security purposes
- sell products to you
- provide you with our services
- provide you with suggestions and advice on products, services and how to obtain the most from using our website
We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.
We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.
- Information we process with your consent
Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including our products and services, you provide your consent to us to process information that may be personal information.
If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful.
We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.
You may withdraw your consent at any time by instructing us email@example.com or www.wildflowerstudios.co.uk. However, if you do so, you may not be able to use our website or our services further.
- Information we process for the purposes of legitimate interests
We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.
Where we process your information on this basis, we do after having given careful consideration to:
- whether the same objective could be achieved through other means
- whether processing (or not processing) might cause you harm
- whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so
For example, we may process your data on this basis for the purposes of:
- record-keeping for the proper and necessary administration of our business
- responding to unsolicited communication from you to which we believe you would expect a response
- protecting and asserting the legal rights of any party
- insuring against or obtaining professional advice that is required to manage business risk
- protecting your interests where we believe we have a duty to do so
- Information we process because we have a legal obligation
Sometimes, we must process your information in order to comply with a statutory obligation.
For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.
This may include your personal information.
Specific uses of information you provide to us
- Information provided on the understanding that it will be shared with a third party
Our website allows you to post information with a view to that information being read, copied, downloaded, or used by other people.
- posting a message our forum
- tagging an image
- clicking on an icon next to another visitorâ€™s message to convey your agreement, disagreement or thanks
In posting personal information, it is up to you to satisfy yourself about the privacy level of every person who might use it.
We do store it, and we reserve a right to use it in the future in any way we decide.
Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.
Provided your request is reasonable and there is no legal basis for us to retain it, then at our discretion we may agree to your request to delete personal information that you have posted. You can make a request by contacting us at firstname.lastname@example.orgÂ
- Complaints regarding content on our website
If you complain about any of the content on our website, we shall investigate your complaint.
If we feel it is justified or if we believe the law requires us to do so, we shall remove the content while we investigate.
Free speech is a fundamental right, so we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content that offends you.
If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.
- Information relating to your method of payment
We store information about your debit or credit card or other means of payment when you first provide it to us.
We store this payment information at your request in order to make repeat purchasing of goods and services easier next time you visit our website.
We also store it to help us prevent fraud.
We take the following measures to protect your payment information:
- We do not keep all your payment information so as:
- to prevent the possibility of our duplicating a transaction without a new instruction from you;
- to prevent any other third party from carrying out a transaction without your consent
- Access to your payment information is restricted to authorised staff only.
- If we ask you questions about your payment information, we only show [partial detail OR the first four OR the last four digits of the debit or credit card number], so that you can identify the means of payment to which we refer.
- We do not keep all your payment information so as:
We automatically delete your payment information when a credit or debit card expires.
- Information about your direct debit
When you agree to set up a direct debit arrangement, the information you give to us is passed to our own bank Natwest for processing according to our instructions. We do keep a copy.
We keep this information only for the duration of the direct debit arrangement.
We are registered under the direct debit guarantee scheme. This provides for the customer’s bank to refund disputed payments without question, pending further investigation. Direct debits can only be set up for payments to beneficiaries that are approved originators of direct debits. In order to be approved, these beneficiaries are subjected to careful vetting procedures. Once approved, they are required to give indemnity guarantees through their banks.
- Communicating with us
When you contact us, whether by telephone, through our website or by e-mail, we collect the data you have given to us in order to reply with the information you need.
When we receive a complaint, we record all the information you have given to us.
We use that information to resolve your complaint.
If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.
We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.
Disclosure and sharing of your information
Control over your own information
- Removal of your information
If you wish us to remove personally identifiable information from our website, you should contact us to make your request.
This may limit the service we can provide to you.
- Verification of your information
When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.
- Use of site by children
We do not sell products or provide services for purchase by children, nor do we market to children.
If you are under 18, you may use our website only with consent from a parent or guardian
- How you can complain
If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.Â
If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the Information Commissioner’s Office (ICO). This can be done at https://ico.org.uk/make-a-complaint/. We would, however, appreciate the opportunity to talk to you about your concern before you approach the ICO.
- Retention period for personal data
Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:
- to provide you with the services you have requested;
- to comply with other law, including for the period demanded by our tax authorities;
- to support a claim or defence in court.
- Compliance with the law
However, ultimately it is your choice as to whether you wish to use our website.
We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website. We advise you to print a copy for your records.