Terms & Conditions
General Terms and Conditions of provision of Goods and Services
Please read all these terms and conditions.
The following definitions and rules of interpretation apply in this agreement.
1.1. These terms and conditions will apply to the provision of services to you the Customer and ourselves, the Supplier (Fig and Bramble).
1.2. Customer means the person or company who purchases the Goods and/or Services from Fig and Bramble
1.3. Deliverables means the deliverables set out in the Order produced by Fig and Bramble for the Customer
1.4. Delivery Location has the meaning given in Clause 7.1
1.5. ‘Fee’ means the fee which you agree to pay for the supply of Goods and/or Services, by us, on these terms and conditions;
1.6. Goods means the goods or any part of them set out in the Order
1.7. Order means the Customer’s written acceptance of the Fee for the Goods and Services.
1.8. Order Form means Fig and Bramble’s written quotation relating to one or more of the following (i) the supply of Goods; and/or (ii) the supply of Services
1.9. 'we', 'us' or 'our' is a reference to Fig and Bramble (as defined above);
1.10. '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;
1.11. 'Parties' is a reference to both us and you;
1.12. ‘Services' means the goods and/or services, including advice or assistance, opinions, deliverables 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.
2. Basis of the Contract
2.1. The Order constitutes an offer by the Customer to purchase Goods and/or Services as specified in the Order Form at the Fee quoted by us, in accordance with these conditions.
2.2. Following receipt of an Order, we will send you a completed Order Form and if we accept your Order, we will acknowledge and confirm that by email, telephone, or by post if you have sent us an Order via the post (“Order Acceptance”) this shall form a binding contract (“Contract”). The Contract is subject to the terms of the applicable Order Form and these terms and conditions. Should the Order (or any other correspondence from the Customer) contradict in any way the Order Form or any of these Terms (“Contradictory Terms”), such Contradictory Terms shall not be incorporated unless and to the extent that a revised Order Form is issued incorporating any of the Contradictory Terms. This Contract shall come into existence immediately following the written or verbal acceptance of the Order Form from the Customer (“Start Date”).
2.3. Unless expressly stated to the contrary in the relevant Order Form (or otherwise agreed in writing by Fig and Bramble), each Order Form is only valid for 30 days from its date of issue.
2.4. If there is any inconsistence between any of the provisions of this Contract, the following descending order of priority shall apply: (i) the Order Form itself; and then (ii) these Terms.
2.5. Each party warrants that: (i) it has full capacity to enter into and perform its obligations under this Contract; and (ii) each Contract is executed by a duly authorised representative of that party.
2.6. In consideration for the payment of the Fee, Fig and Bramble will supply the Goods and/or Services in accordance with the Contract.
3.1. Estimates are valid for 30 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.
3.2. 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 30 days notice of any changes.
3.3. 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:
(a) 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
(b) because the price of any relevant flowers or plants have increased; or
(c) 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.
3.4. 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 the Delivery Location is left in a dangerous condition or unprotected from theft if the Services are not completed).
3.5. 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%, Fig and Bramble reserves the right to increase the prices given in our estimate to you to reflect this. We will provide you with 14 days to accept or reject any changes.
4. Supply of Services
4.1. We shall supply the Services to you in accordance with Order Form in all material respects.
4.2. We shall use all reasonable endeavours to meet performance dates for the Services specified in the Order and our written confirmation of the Order.
4.3. We reserve the right to amend the Order Form if it is necessary to comply with the applicable law or regulatory requirements or if amendments will not materially affect the nature and quality of the Goods and Services and we shall notify you in any such event.
4.4. 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 elect to cancel the contract.
4.5. 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 and this will be assessed at the time of cancellation.
4.6. Where we have started performing the Services and you elect to cancel the contract you must give 14 days’ notice and 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.
4.7. If we cannot provide the Services or Goods to you for any reason at the Delivery Location or you cancel the Contract within 30 days of any Goods or Services being delivered, you shall be liable to pay the total costs of the Goods and Services as set out in the Order Form.
5. Booking Fee And Other Payments
5.1. A £50.00 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 5.1 and 5.2 below) this Booking Fee is non-refundable.
5.2. If, after the expiry of the 14 day period mentioned in clauses 12.1 and 12.2, 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.
5.3. The Booking Fee will be subtracted from the agreed Fee and this subtraction will be acknowledged on your final invoice.
5.4. 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.
5.5. Once the Booking Fee has been paid then the prices and dates are secure except as otherwise provided in these terms and conditions.
5.6. You will receive a final invoice approximately 8 weeks before the date when we are to provide the Services and payment of that invoice is required within thirty (30) days.
5.7. Payment is accepted by direct payment via internet banking. For other payment methods, please contact us.
5.8. Unless stated otherwise, all amounts stated (whether orally or in writing) are exclusive of VAT, which will be added at the rate currently in force.
6. Availability of Flowers
6.1. 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. Fig and Bramble 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 Fig and Bramble may have to substitute for the same value and quality without notice.
6.2. We do not guarantee specific stem types.
6.3. 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.
7. Delivery & Set Up
7.1. We shall ensure that Goods and Services are delivered to the location set out in the Order Form or such other location as the parties may agree (“Delivery Location”) at the time agreed between us.
7.2. Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location.
7.3. Any times quoted for delivery of the Goods and Services are approximate and the time of delivery shall not be of the essence. Fig and Bramble will use reasonable endeavours to meet any delivery times which have been agreed.
7.4. If you fail to accept delivery of the Goods when Fig and Bramble have notified you that the Goods and/or Services are ready, then except where such failure is caused by a Force Majeure event or by our failure to comply with our obligations under the Contract then we shall store the Goods until delivery takes place, and charge you for all related costs and expenses including insurance.
7.5. The following circumstances shall result in a delay to the delivery date:
(a) a failure by the Customer to meet payment obligations; and
(b) a Force Majeure Event,
in such circumstances we reserve the right to rescind the Contract in whole or in part by third parties without any obligation to pay compensation to the Customer.
7.6. If delivery is out of the local area of the New Forest, a delivery charge will be added to any estimate which we have given you.
7.7. Upon delivery of items to the Delivery Location which you have specified in the Order, 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 taking place at the Delivery Location.
7.8. Fig and Bramble cannot be held responsible for any damage caused to flower arrangements after they have been delivered and checked.
8. Situations or events outside our reasonable control
8.1. In the instance where an event or situation outside our reasonable control occurs, we will attempt to recommence performing the Services or providing the Goods as soon as possible. In such circumstances there may be an unavoidable delay before we can commence performing the Services or providing Goods.
8.2. Examples of events or situations which are not within our reasonable control include (i) weather conditions making it unsafe for us to provide you with Goods or Services (ii) flowers and other materials not delivered by our third party suppliers at all or within a reasonable amount of time or prices set by our suppliers becoming excessively higher at short notice (iii) where you make a change in the order which requires us to order new flowers or do further work (iv) where we are unable to gain access to the Delivery Location to carry out the Services at the time and date agreed with you or where the Delivery Location is not readied by you as agreed with us (v) for any other unforeseen or unavoidable event which is beyond our control.
8.3. If the delay in us performing the Services or providing Goods is excessive, we will offer you the option of either:
(a) waiting until we can perform the Services or provide the Goods; or
(b) allowing you to cancel the contract, if you chose to cancel the contract you will be liable to pay for Goods and Services we have performed up to the date of cancellation and for any time spent, items, materials, and other costs which have been incurred up to the date which you cancel.
8.4. In the unlikely event that one of our dependants is hospitalised on the delivery date or in other cases outside of our control, we reserve the right to book a replacement florist to carry out the Services or delivery and Goods. If a replacement florist is not found, our liability will be limited to the payments you have agreed to make for our Services as set out in the Order Form.
9. Hire/ Use Of Vases, Crates, etc.
9.1. We charge a refundable deposit of £100 for this service. Containers must be returned to Fig and Bramble within three (3) days, or as otherwise agreed with us in writing.
9.2. Charges will be made for any glassware returned cracked, chipped or broken. Replacement of Goods is charged at the current purchase price.
9.3. Equipment hired (jugs, bottles, vases, plinths, candelabras, etc.) remain the property of Fig and Bramble at all times.
Fig and Bramble 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.
11. Late payment
11.1. If you fail to make payment by the date or time which we and you have agreed you should do, we may:
(a) charge you interest at Bank of England's base interest rate plus eight (8)% 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
(b) 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.
11.2. 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.
12. Exclusion and limitation of liability
12.1. 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, Fig and Bramble 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.
12.2. To the extent that we may legally do so we limit our liability under the contract to the amount of the Fees.
12.3. 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.
12.4. 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.
13.1. Once we and you enter into a binding contract you will not 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.
13.2. 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.
13.3. On cancellation you will be responsible for the cost of :
(a) any of our time in performing the Services up to the date we stop providing the Services;
(b) 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).
13.4. If we agree to allow you to cancel outside of the 14 day period mentioned in clause 12.2 any Booking Fee already paid by you will not be refundable.
13.5. If you:
(a) purport to cancel the Contract; or
(b) give notice purporting to cancel; or
(c) 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.
14. Force Majeure
Neither party shall be in breach of the Contract nor liable for delay in performing or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control and includes, but is not limited to, strikes, lock-outs, shortage of labour, schedule disruptions, casting faults, war, fire, natural disasters, epidemics and similar circumstances (a Force Majeure Event).
15. Amendments to the contract terms and conditions
15.1. We will have the right to amend the terms and conditions of this contract where:
(a) we need to do so in order to comply with changes in the law or for regulatory reasons; or
(b) we are changing the rates we charge for the provision of Services as provided for in clause 5; or
(c) 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.
15.2. Where we are making any amendment we will give you ten (10) days' prior notice (unless the contract is terminated before that period).
16. Contacting each other
If you wish to send us any notice, complaints or letters then it needs to be sent to and should be marked for the attention of Adele Miller at 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.
17. 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.
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.
19. Law and jurisdiction
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.
20. How to contact us: