General Terms & Conditions

This section sets out the terms and conditions for Passionis Flowers. It combines online and retail sales, terms of usage, and conditions of service.

G1. Products

  1. All products on this website and in the shop (which may vary from time to time) are available in the specified areas, in the UK
  2. Certain products may be delivered by us in bud to ensure longer life.
  3. Some products, flowers and plants may be harmful or poisonous, if you require further information before submitting an order please contact us using the contact details set out in Section 6 below.
  4. All products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute a product of equivalent value and quality without notice.
  5. In the event that we are unable to supply the product or any substitute product to you at all, we shall notify you as soon as is reasonably possible and shall reimburse your payment in full and in any event no later than 30 days after the intended delivery date.

G2. Prices

  1. Prices listed are valid for a maximum of 14 days from submitting your order.
  2. All prices include VAT.

G3. Orders / Payments

  1. During order submission you shall be required to provide us with your personal details, including accurate post code, together with those of the intended recipient and all necessary payment details. By completing the order, you are consenting to agree to our terms and conditions contained within these Terms and Conditions and appearing anywhere on the Online site.
  2. Submitting your order form online is subject to our acceptance of this offer and we will not consider ourselves bound by a contract with you unless we have issued you a confirmation of order delivery by email. This is not the email sent on submission of an order.
  3. We cannot accept order forms from customers under the age of eighteen (18) years.

G4. Delivery

  1. On acceptance by us, of your order, where requested we will advise you by e-mail confirmation of the intended delivery date.
  2. Anomalies in your submitted personal details may lead to problems or delays in delivery, so before placing your order, please ensure that you have included the full address details, including accurate post code of the intended recipient and your daytime contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered.
  3. Whilst we agree to use all reasonable endeavours to ensure that delivery will be on the requested delivery date you acknowledge that in very occasional circumstances, delivery on the requested terms will not be possible. In such circumstances you will be given prior notice wherever possible and we shall either make alternative arrangements or shall reimburse your payment in full.
  4. In case of delivery to certain locations where a third party is involved, such as offices, hospitals, airports, hotels, ships and other business locations, the signature of any person authorised to accept delivery on behalf of the organisation shall be accepted as proof of delivery to your chosen recipient. Please be advised that we are unable to deliver certain products, and plants to Funeral Directors, Hospitals, airports or ships.
  5. Please note that we are only responsible for delivering against signature to the address you quote (or a neighbour if no one is at home). We regret that where goods have been correctly delivered we can not accept responsibility if the intended recipient has moved, lives elsewhere, or the actual receiver refuses or fails to return item(s).
  6. Where we are unable to find someone to accept delivery, we will place in a convienient place or leave a card at the address for the recipient to make contact.
  7. It is possible to select a preferred delivery time within the order process (in the Delivery Notes field online). This option should be used only for orders requesting delivery to funerals or funeral homes. Whilst every effort will be made to ensure your order is delivered prior to the time selected, no guarantee for delivery by the time specified can be given. To assist us in meeting your preference, please ensure your order is placed at least two working days prior to the preferred delivery time.
  8. In the instance of there being difficulties in delivering your order to the intended recipient, we reserve the right to contact the recipient using the contact details you provide on the Order Form.
  9. When placing your order you are able to specify further delivery information using the ‘Delivery Notes’ field provided. This is intended to provide further guidance to the party delivering your order which isn’t included within your address information, for example to specify floor number, or hospital ward. We reserve the right to not action any delivery requests specified in this field which we deem unacceptable and will use other elements of address information provided elsewhere on the order form to full fill your order.

G5. Cancellation

  1. Website orders and everyday orders may be amended or cancelled up to 48 hours before the intended delivery date.
  2. Once a website or everyday order has been accepted, please contact us directly to cancel it.
  3. There will be no refund if the order is cancelled with less than 48 hours before the delivery date.
  4. Once an order has been marked as completed, it has been delivered and can no further correspondence will be entered into.
  5. Custom work such as funeral tribute work, 3d models, and events etc can not be cancelled once your order has been accepted.
  6. To amend or cancel your order, please contact us using the contact details set out in Section 6 below.
  7. You are entitled to cancel any payment at any time where fraudulent use has been made of your credit or debit card, by another person not acting on behalf of you, or as your agent. Furthermore, to be re-credited by us to the extent that such sums are not reimbursed by the card issuer in such circumstances. However, a crime report must be filed and we will require a copy along with the crime reference number and confirmation from your card issuer confirming they will not reimburse you.
  8. Please see our separate events terms and conditions for more details on cancelling an event

G6. Customer Service

  1. All correspondence should be directed towards the shop address and contact in the first instance.
  2. In the event that you are not satisfied with the Online Service any complaints should be addressed to the shop in the first instance.
  3. Because of the perishable nature of products and in order to assist us in resolving any complaints quickly, we advise you to make any complaint within 1 working day of the date of delivery or intended delivery of your purchase.

G7. Disclaimer

  1. Whilst we agree to use our reasonable endeavours to ensure that this Online Site and/or the Online Services is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the Online Site and/or the Online Services and shall be released from our obligations under these Terms and Conditions in the event of any cause beyond our reasonable control which renders the provision of the Online Site and/or the Online Services impossible or impractical.
  2. (a) We accept liability for death or personal injury arising from our negligence.
    (b) Subject to clause 7.2(a), our liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your order with us shall be limited to a multiple of 3 times the price you have paid for the Products.
    (c) Subject to clauses 7.2(a) and 7.2(b) above we exclude all liability for any claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly out of or in any way connected with your use or inability to access the Online Site and/or the Online Services, whether arising in contract, tort (including negligence), under statute or otherwise PROVIDED THAT nothing contained in these Terms and Conditions affects or will affect your or the recipient’s statutory rights in relation to the quality, fitness or description of the Products supplied.
    (d) Subject to clauses 1.e and 4.c above, we shall not be liable for any delay or inability to perform our obligations to you if such delay is due to any cause whatsoever beyond our reasonable control.

G8. General

  1. We reserve the right to supplement and amend the Terms and Conditions. For which you are permitted access to the Online Site and/or the Online Services. We will post any changes on this site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Online Service or engage with us. Changes will be effective 2 hours after the posting of any such change and all subsequent dealings between you and us shall be on the new terms and conditions.
  2. We reserve the right to suspend, restrict or terminate access to the Online Site and/or the Online Services for any reason at any time.
  3. These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Online Site, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  4. We shall ensure that we comply with the requirement of all current data protection legislation including, without limitation, the Data Protection Act 1998 (as replaced, modified or re-enacted from time to time). We shall only use personal data received from you for the purpose of fulfilling our obligations under these Terms and Conditions and as stated in our Privacy Policy.
  5. A person who is not a party to the agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists apart from that Act.
  6. Save in respect of fraudulent misrepresentation, this agreement (including any documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets forth the entire agreement and understanding between you and us relating to the subject matter hereof.
  7. Your purchase will be deemed to have occurred in the UK. These Terms and Conditions shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English courts.
  8. We reserve the right to block any user’s IP address who may be fraudulently attempting to use the website, or engaged (perceived or actual) in suspicious activity involving Passionis or the website Passionis.co.uk
  9. We reserve the right to suspend, restrict, terminate or alter products or services for any reason. This does not affect your statutory rights.
  10. We reserve the right to take legal steps to remove abusive, untrue or unprofessional social media posts, google or other reviews from our clients, their associates and friends and family. We will also seek to recover damages if so required and fitting.
  11. Passionis Flowers cannot be held responsible to failure to deliver any order due to an Act of God, terrorism, crime, transport failure, illnesses of staff members, extreme weather conditions (including snow and flooding) or denial of access to venues or religious sites.

Events Terms & Conditions

These terms cover all events including but not limited to; Weddings, Funerals, Charity events, Social functions, Parties and Celebrations.

E1. Booking, Deposits, Quotes & Payment

  1. To secure your date a non-refundable deposit of £50 is required.
  2. No event is booked until the deposit is paid.
  3. Quotes are valid for 30 days, and are inclusive of VAT.
  4. Changes to the quote can only be made by the organiser or their nominated person(s).
  5. The initial and detailed consultations are complimentary, we are available by phone, email, in person or through social media to make alterations. We reserve the right to charge for additional consultations.
  6. Payment of the deposit is acknowledgement of these terms and conditions.
  7. Full money needs to be received no later than 30 days before your event. Or, immediately if the date is less than 30 days.
  8. On full payment you are deemed to have accepted the prices, dates, designs and full terms and conditions of the services we offer.
  9. After full payment, changes may require additional payment, which must be made at the time it is agreed.
  10. If we have not received full payment or had contact from you 30 day before the event, we reserve the right to cancel your booking. We will endeavour to contact you prior to this day. But no flowers will be ordered until we have final payment.
  11. We reserve the right to charge a premium for an event occurring on a public holiday, Valentine’s Day, or Mother’s Day Weekend.
  12. The final payment can be made by BACS, card payment, or in cash to the shop.

E2. Hiring of Items

  1. Pedestals, vases and other hardware, unless purchased from us, or provided to us for usage, are the property of Passionis Flowers and are hired at a non-refundable rate of £20.
  2. All breakages, will be charged at the full retail price. It is the responsibility of the hirer to recover these costs themselves if a venue or third party was at fault.
  3. The rental charge includes a 3 day period. Any items returned late without prior agreement is subject to a daily charge of £10 per item.
  4. Items must be returned to the shop, during business hours unless otherwise agreed.
  5. It is the responsibility of the hirer to ensure safe return transport.
  6. If after 7 days the items have not been returned, we are entitled to assume that there is no intention of the items being returned and will invoice the hirer for a full replacement.
  7. The hirer agrees to pay for any invoiced items within 14 days of receiving the invoice.
  8. All hired equipment is for indoor use only, unless otherwise stated.
  9. The hired equipment, must not be altered, transformed or defaced in anyway. Some items are fragile and care is expected when handling them.

E3. Cancelation

  1. Due to the nature of the products, we need as much notice to cancel as possible. Some items are ordered exclusively for you and may be shipped from around the world for your event.
  2. Complete cancellation of your event must be in written form, either text, email or letter.
  3. The absolute minimum of notice for cancellation is 14 days.
  4. Any refund we may be able to offer will be at the discretion of the owners, depending on circumstances, and any monies will be reduced according to the items already procured, staffing costs incurred, time spent in preparation and fees incurred.
  5. The following cancellation charges apply:

    6.   Over 90 days 90 to 60 Days 60 Days to 30 Days 30 Days to 15 Days 14 Days or less
    Charges Loss of Deposit Loss of Deposit +
    £100 or 50% of the full amount (whichever is less)     		Loss of Deposit +
    50% of the remaining credit     		Loss of Deposit +
    75% of the remaining credit     		Loss of Deposit +
    100% of the remaining credit
    Remaining credit is the balance of any money you have paid, less the deposit, less any expenses we have occurred for your event.

  6. We reserve the right to charge for items not collected subject to the following fees:
    1. Disposal fee - £25
    2. Restocking and storage fee - 30% of all items actually purchased for your order.
  7. Any refunds will be by BACS to the original account holder

E4. Re-Scheduling

  1. If you wish to reschedule, as much notice is required. Any costs for re-purchasing of any perishable items that will have expired by the change of date, must be paid in full prior to the event..
  2. Some items are not available all year round, this may affect the cost of your items and availability of your designs.

E5. Delivery & Set up

  1. We will provide staff to deliver and set up the event flowers as required. This will normally include 1 location as standard.
  2. We can deliver to multiple locations as required at an additional costs, this will be arranged during your consultation.
  3. You must provide the details of the venue at the time of booking, and the details of how we access the venue no later than 7 days prior to the event.
  4. If we are unable to gain access to the venue, and not be able to make contact with any specified people, including yourselves, we reserve the right to deliver to the items to the door only.
  5. You are in agreement that any venue we attend, is safe for us to enter, we are free from risk in doing so, and we are legally allowed to be there.
  6. Any access passes or security arrangements must be completed prior to our arrival and are your responsibility to arrange.
  7. Our staff have the right to work in a safe environment. Any verbal or physical threats from clients, their guests or family members will not be tolerated.
  8. We would kindly request that small children are not allowed to play in the area which florists or staff are working.
  9. If you have chosen to not have us set up on the day of the event, it is your responsibility to organise a suitable set up. Any breakages or damage to the flowers or arrangements, will be your responsibility to repair.
  10. We will not be held responsible for any damages to flowers or arrangements after we have left the venue.
  11. We require that we are the sole provider of flowers at the event, and we do not wish to partner or work alongside any other florist. If you wish to add your own arrangements, please notify us in advance, so that we can co-ordinate appropriately.

E6. Photography

  1. We reserve the right to take photographs of items before, during and on completion of set up. These may be used for publicity or display purposes.
  2. We will not publish any photographs until at least 24 hours after the event. Or, at such point as otherwise agreed.
  3. If you wish for the items to be anonymous, please state this by no later than 7 days before your event. (This means instead of “Congratulations Mr. & Mrs. Smith on your Wedding day”, it would state a generic message of “A beautiful wedding” or similar)
  4. If you have any particular photographs that you would like featured, please email them to us and we can include them where appropriate. – Credit will be added for the original photographer for these, so please make sure it is included.
  5. If there is a photograph that you would like removing, please contact us, so we can help you with this.

E7. Insurance

  1. Whilst we strongly recommend that you take insurance out for your event. We are not brokers nor financial advisers, and cannot advise on any particular product.

E8. Your information

  1. Your information is protected by the GDPR, for more information please see our privacy policy.

E9. General

  1. These terms and conditions are to be read in conjunction with the other terms and conditions, and may go further, or be superseded by the general terms and conditions.
  2. We reserve the right to amend, supplement and alter these terms and conditions from time to time, as required by law or as we see fit.
  3. If you do not sign and return a copy of the Terms and Conditions as listed herewith; the act of paying either a deposit or a fee, you are proceeding with the booking and entering into a contract and therefore agree to these Terms and Conditions.

Suppliers

These terms are specific to Suppliers

S1. General

  1. These specific terms apply to all suppliers
  2. Unless contact is made from us prior to your contact, we reserve the right to charge you for your emails, or contact.
    This is set at a rate of £500.00 per email and £150.00 per telephone call.
  3. Repeat unsolicited communication will attract multiple charges.
  4. By communicating to us, you are confirming you have read and accepted these charges.
  5. We reserve the right to choose our suppliers, and may change supplier for any reason, without notice.
  6. No supplier has the right to state they supply for us, unless this has been stated in writing by us.

Document Revision

Date Information
6th April 2017 Document uploaded
22nd December 2018 Document updated to reflect Passionis Flowers and retail shop
1st February 2018 Document updated to add in online ordering from website
3rd May 2018 Document Formatting Updated to correspond with a change in templates.
GDPR Terms added for upcoming change in law
30th August 2018 Formatting update to allow greater transparency
19th November 2019 Spelling mistake corrected
22nd March 2020 Suppliers Section added

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