The terms of this agreement are:

1. Definitions

“Confidential Information”

means all information about the parties, including:

information created or arising from this agreement; information, comment or implication published on any Internet social medium.

“Fee”

Means all money payable by the Clients to us, however described, as per clauses 3.4 to 3.5 below.

“Supplier” Means a supplier hired by the Clients to provide a service for their Event or otherwise agreed to be ordered by us on behalf of the Clients.

“Venue”

“Substitute”

Day/s”

Any reference to days related to notice period/termination includes weekends/bank holidays and public holidays.

“Event/s ”

⦁ Our contract means the wedding, pre wedding events or post wedding events (including reception) for which our services have been booked or items/goods/equipment hired.

⦁ 1.1 The Clients acknowledge that they have read and understood the terms of this agreement and that they are bound by this agreement, including any documents referred to in section 1.2 and any amendment to this agreement.

⦁ 1.2 The bespoke proposal is a part of this agreement and should be read in conjunction with this agreement. 

1.3 No amendment or variation to this agreement is valid unless mutually agreed, in writing, signed by each of the parties or their authorised representative.

⦁ 1.4 The Clients are strongly advised to insure against cancellation of the Event/s due to unforeseen circumstances.

⦁ Services booked and General Terms  

2.1 We may at our discretion outsource the entire service or aspects of the service to businesses that are our recommended suppliers and work closely with us. These businesses are not employed by us and work with us as freelancers/independent contractors.

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​2.2 All services arranged directly by the Clients will be their responsibility. We will only be responsible for services undertaken by us.

2.3 The fee stated on the bespoke proposal reflects the prevailing costs at the time and is valid for 14 days. The proposal includes design, labour and costs of installation on the Event/s day, break down and removal following the Event/s. If in the period up to the completion of this agreement, there is any increase in cost to us or a variation in the services required by the Clients, then the fee shall be amended accordingly. 

2.4 Where an item such as fresh flowers, silk flowers or handmade products becomes unavailable a similar item/goods/flowers will be used as a replacement.

2.5 Images used on our Website, social media, brochures or proposals are for illustrative purposes only and there might be variation in colour of the items and the images. Therefore, we cannot guarantee that the colour of the items/equipment hired will match the exact colour displayed on the screen of the Client’s device. If the Clients have any concerns regarding this, the Clients must advise us of such concerns before entering into this agreement.

2.6 Any task which is deemed to be unsafe, will not be carried out by our team. We cannot guarantee but will endeavour to find an alternate way to way to achieve the desired effect.

​2.7 Availability, colours and price of fresh flowers is subject to variances in the weather, and natural seasons. If the flowers chosen by the Clients at the time of booking are not available for use on the Event/s day, our supplier/event florist will choose alternatives in keeping with the price and colour scheme. We/our suppliers always use good quality flowers but we cannot guarantee that they will remain fresh for the duration of the Client’s Event/s.​ We do not accept liability for wilting of flowers due to excess heat in any venue.

⦁ Payment schedule and our obligations

⦁ 3.1 We will complete our obligations as per this clause, for the Fee which shall be calculated and paid as set out in clauses 3.4 to 3.5 (inclusive).

⦁ 3.2 All money mentioned in this agreement is subject to the addition of VAT where due. 

⦁ 3.3      We reserve the right to use the Client’s images and of their Event/s (both professional and images clicked by us) for the purposes of marketing/promotion/advertising or use on our social media, website or other platforms such as but not limited to magazines, blogs, publications, newspapers. By entering into this agreement, the Clients grant us permission to use their images as mentioned above. If the Clients wish to withdraw consent in relation to the use of their images, they must serve a written notice on us 28 days prior to the Event/s date. 

⦁ At the first stage, an initial payment of £xxx is payable in cleared funds to us via bank transfer by the Clients within 7 days of the date on which this agreement and the bespoke proposal is emailed to the Clients by us. Furthermore, if the Clients order any bespoke items for their Event/s which we do not have in stock, this will be payable in full at the same time as the initial fee. Our bank details are as follows: xxxxxxxxxxxxxx 

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⦁ 3.4          The initial fee/payment covers the following tasks/expenses incurred by us:

⦁ checking availability; conducting initial consultation; designing the wedding based on the initial virtual or in person consultation; calculation of quantity of stems for each variety of flower chosen and contacting suppliers for costs; preparation of a bespoke proposal based on the Client’s requirements and a Pinterest mood board with details of services requested, type of flowers/foliage to be used and any other relevant costs; consultations after the proposal has been sent to make any required changes; preparation of a bespoke proposal and an agreement based on the final quote agreed between the parties; confirmation of booking email once the initial fee (and monies for any bespoke products/items) has been paid by the Clients; liaising with the Clients from the time of booking up until the Event/s date via email; researching items and any third party suppliers required to provide our services; considering and entering into agreements with suppliers on the Clients’ behalf and paying their deposit/booking fee to secure their services; liaising with and placing orders of items/equipment from third parties, sourcing/arranging items on behalf of the Clients, any additional work we deem necessary to perform our obligations under this agreement and in the Client’s best interest; any work resulting from further specific instructions/information provided by the Clients prior to their Events/Wedding day.

⦁ Once the aforementioned work in clause 3.4 above has been carried out and delivered by us and/or any bespoke or specific items/goods/flowers have been purchased and suppliers paid to secure their services, the initial fee and/or the monies used to purchase bespoke or specific items/goods/flowers mentioned above; will be non-refundable in the event of this agreement being terminated by either party for any reason.

⦁ 3.5 The final payment of £ xxx___ will be payable via bank transfer prior to the Event date on ___xxxxxxxx_____. Upon receipt of the outstanding balance, we will provide our services as outlined in this agreement. This final payment will cover costs to carry out tasks such as finalising and confirming the order with the Clients and making any necessary changes before the balance becomes due; finalising number of stems/materials and confirming this with suppliers so that the order can be processed and prepared for shipment by the supplier; settling final invoices issued by any suppliers secured for the Clients’ Event/s; checking and conditioning every single stem; creation of the final design agreed with the Clients; packing of items ordered by the Clients on hire basis; staff costs who will travel to the venue on the Event/s day to unload items, set up and installation of designs at the venue, removal and collection. The collection and delivery charges are included within the final balance. 

⦁ We are not responsible for any damage caused to the venue or its contents including furniture, any items/furniture supplied or arranged by the Clients on the Event/s day.

⦁ Client’s Obligations 

  The Clients are responsible for:

⦁ 4.1  Giving us clear instructions, checking that all the details included in the proposal are correct as these carry important information which will be relied upon by us to perform our obligations. 

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⦁ 4.2 Making payments specified on the proposal and clauses 3.4 to 3.5 (inclusive) in a timely manner. Failure to make timely payment shall entitle us to stop all work including work regulated by any other agreement and not attend on the Events day to provide the agreed services. The date and the booking is not reserved and/or secured until the Clients pay the amounts set out in clause 3.4. 

⦁ 4.3 The Clients will not delegate their obligations, including the obligation to provide instructions, issue written correspondence and or notices, change booking details or make payments under this contract to any other person, whether for money or otherwise.

⦁ 4.4 The Clients will indemnify us against any liability to any Supplier/Venue/Hotel booked by the Clients in relation to this agreement in the event of any claim against us unless the claim has arisen as a result of our actions and/or negligence. The indemnity will include all of our professional, legal fees and our time.

⦁ 4.5 Goods/items used or supplied by us (excluding fresh flowers) in connection with this agreement shall, unless expressly agreed by us in writing, be on hire for the duration of the Event/s. The Clients will be responsible for the Company's property from the time of delivery up until the time of collection by us. In the event that our items/equipment are damaged/is rendered not fit for purpose for future bookings, as a result of actions/negligence of the Clients or their guests at the Venue, the Clients will be liable to compensate us in full for loss, breakage and or the replacement of damaged items/equipment, professional cleaning charges and any loss of income if we are unable to fulfil other bookings due to the items/décor/equipment not being fit for purpose for further use. If such a situation arises, we will issue an invoice and send it via email to the Clients. The Clients will be liable to pay the sum mentioned on the invoice within 7 days from receipt of the invoice. 

⦁ We cannot guarantee that all the flowers/foliage used by us on the client’s instructions will not be poisonous. The Clients are responsible to ensure that their guests and any children attending their Event/s should not consume the flowers/foliage supplied by us as we will not be held liable for any claims arising as a result of a guest/child consuming any poisonous flowers/foliage.

⦁ Confidentiality 

1. 5.1 Each party undertakes that it shall not at any time during this agreement, and after termination of this agreement, disclose to any person any confidential information concerning the business, affairs, customers, Clients or suppliers of the other party, except as permitted by Clause 5.2;

5.2 Each party may disclose the other party’s confidential information:

  5.3  No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.

⦁ Limitation of liability

⦁ All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warranty or term cannot be excluded, then this sub paragraph will be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

⦁ 6.2 We shall not be liable to the Clients for any loss or expense which is an indirect or consequential loss; economic loss or other loss of turnover, profits, business; loss of amenity represented by the Clients having no visual record of an event; loss or damage suffered by the Client as a result of an action brought by a third party or Suppliers/Substitute recommended by us; loss of enjoyment, stress or inconvenience resulting from Clients’ decision to make changes to this contract and/or booking including changes to venue and date of Event/s, providing incorrect details, products/items/equipment owned or hired by the Clients which are provided to us for use as part of the decor, incorrect services booked by the Clients, Clients’ breach of this contract or things within reasonable control of the Clients.

⦁ The above applies even if such loss was reasonably foreseeable or we had been advised of the possibility of the Clients incurring it.

⦁ Except in the case of death or personal injury and fraud or fraudulent misrepresentation, our total liability under this agreement, shall not exceed the value of the services provided by us to the Clients under this agreement. This applies whether an action is based on contract, tort or any other basis in law.

⦁ We will not accept liability for damage caused to any third-party items/venue building, its contents or fittings and fixtures, by real candles or tea-lights when in the possession of the Clients. The use of candles is at the Clients’ risk and the Clients will be responsible to obtain permission from the venue for the use of real candles and tea-lights. All candles and tea-lights should remain in their holders whilst lit. We advise our Clients to not use candles or tea-lights on non-fire-resistant surfaces. Candles and tea-lights should not be left unattended.

⦁ This clause (and any other clause which excludes or restricts our liability, applies to our team, employees, officers, subcontractors, representatives and agents (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017.

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⦁ 7. Change of Event/s date

⦁ 7.1 The Clients can request to change the Event/s date by giving written notice to us.

⦁ 7.2  If the Clients changes the Event/s date,  we will do our utmost best to move the Event/s within twelve months of the original Event/s date, subject to availability. The initial fee will be carried over to the new Event/s date. 

⦁ 7.3 The parties can vary terms of this contract if changes are made to the Event/s date. Any variation to this contract must be in writing and with consent of both parties. The terms which are not amended by the parties will continue to remain in force.

⦁ The Clients agree that in the event of a date change, any expenses including but not limited to fees payable to us that are non-refundable are the sole responsibility of the Clients. If we are not available for the new Event/s day, clause 8.3 applies.

⦁ We will not charge the Clients an administration charge for the change of Event/s date if the new Event/s within 12 months of the original Event/s day. 

⦁ 7.6 We reserve the right to change the cost of our services and goods available for hire to reflect our new fee structure and hire/sale prices applicable to the year of the new Event/s day. Any difference in package prices/cost of flowers and foliage shall be borne by the Clients. We will notify the Clients of such charges by email. The Clients will be liable to pay the additional charges within 7 days of being notified of the same.

⦁ Cancellation Policy 

⦁ The contract can be cancelled by either party by email subject to the matters set out within this section. 

⦁ We may terminate this agreement if the Clients fail to make payments in accordance with clauses 3.4, 3.5 above, and/or if the Clients commits a material breach of any of the terms of this contract and fail to remedy the breach within 14 days of being notified in writing, and/or if the Clients enters into any form of insolvency arrangement. Upon termination of this agreement, the Clients will be liable to pay our Fees and any outstanding sums immediately.  

⦁ The contract can be cancelled by either party by serving a written cancellation notice via email:

8.3.1 If the Clients cancel the contract within 14 days of entering into this agreement, then the Initial Fee shall be repaid to the Clients in full within 14 days from the date we are advised about the Clients’ decision to cancel the contract. Unless expressly agreed otherwise, we will issue the refund using the same means of payment used by the Clients to pay the initial fee. If any services are carried out or expenses incurred based on the Client’s instructions within the first 14 days, the Client agrees to waive their right to cancel and we will be entitled to charge the Client for the services rendered until the date of cancellation.

8.3.2 If the Clients cancel this agreement more than 14 days after entering into this agreement and at any time more than 28 days prior to the Event/s date, then the Initial fee shall be forfeited and/or we reserve the right to charge for any additional work carried out by us to the nearest hour, calculated at £50 per hour. The Clients will be responsible for any expenses incurred as at the date of cancellation. Any expenses already paid will be non-refundable. An invoice for any additional fee/expenses payable upon termination will be sent via email to the Clients. The Clients must pay the sums within 7 days (via bank transfer) from the date of the invoice/when the invoice is served.

8.3.3 If the Clients cancel this agreement within 28 days or less of the Event/s day, then the total Fees including any expenses incurred as at the date of cancellation, less Initial fee and other costs already paid, shall be paid to us by the Clients. If any sums are outstanding, the Clients must pay the sums within 7 days from the date of the invoice/when the invoice is served via bank transfer.

⦁ The agreement will be automatically terminated by way of completion of our obligations and payment by the Clients to us of the sums outlined in, clauses 3.4 to 3.5 and any additional sums due under this agreement.

1. 9. Force Majeure 

9.1 Force Majeure Event means circumstances not within a party’s reasonable control, including and without limitation acts of God, flood, drought, earthquake, or other natural disaster; Epidemic or pandemic; Terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom; any law or any action taken by a government or public authority, including bans/guidelines that affect performance of this agreement, imposing an export or import restriction, quota or prohibition[, or failing to grant a necessary licence or consent]; adverse weather conditions which make travel unsafe or where severe weather warnings and advice against travelling has been issued by the Met office or relevant authorities; collapse of buildings, fire, explosion or accident; [and] [any labour or trade dispute, strikes, industrial action or lockouts [(other than in each case by the party seeking to rely on this clause, or companies in the same group as that party)];] [non-performance by suppliers or subcontractors [(other than by companies in the same group as the party seeking to rely on this clause)]; and] interruption or failure of utility service, severe illness, change of law.

9.2  Provided it has complied with Clause 9.4, if a party is prevented, hindered or delayed in or from performing any of its obligations under this agreement by a Force Majeure Event (Affected Party), the Affected Party shall not be in breach of this agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly, in writing and with consent of both parties, subject to availability.

9.3  The corresponding obligations of the other party will be suspended, and its time for performance of such obligations extended, to the same extent as those of the Affected Party.

9.4  The Affected Party shall:

(a) as soon as reasonably practicable after the start of the Force Majeure Event [but no later than 7 days from its start], notify the other party [in writing] of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the agreement; and

 

(b)  use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations by postponing the event or finding a suitable substitute supplier with similar experience in the Events industry.

 

9.5 If the Force Majeure Event prevents or hinders performance of this contract by either party and if the parties cannot reach an amicable resolution, either party may terminate this agreement by giving 7 days written notice to the other Party. In this scenario, all the monies paid by the Clients for services which have not yet been provided will be refunded. 

⦁ Miscellaneous 

10.1    A waiver of any right or remedy under this agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

10.2      The rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

10.3  If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.

10.4  If any provision or part-provision of this agreement is deemed deleted under Clause 10.3 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

 

10.5  Any notice [or other communication] given to a party under or in connection with this agreement shall be in writing and shall be sent by email to the address specified below

10.5.1     Written correspondence/notices issued by the Clients to us should be sent to Your Perfect Flowers, Address 84 Great Oxcroft, SS15 6PN.

⦁ 10.5.2     Written correspondence/notices issued by us to the Clients to be sent by email to the email address provided by the Clients at the outset and used to liaise with our team.

 10.6  Any notice or communication shall be deemed to have been received, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause, business hours mean 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt. This clause does not apply to the service of any proceedings or any documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

⦁ If the Clients wish to speak to us about any aspect of this contract, please contact us by e-mail at ⦁ yourperfectflowers@gmail.co.uk .

11.  Governing Law and Jurisdiction

 

This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales and that that the Courts of England and Wales shall have jurisdiction to settle any dispute or claim arising in connection with this agreement.

 

Signed by ________________________ (Your Perfect Flowers)

Signed by         ________________________    Client A

Signed by         ________________________    Client B

Date XXXXX Friday, 13 December 2024

Early Start and Cancellation Rights

This is to explain your rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Under the Regulations, you have the right to cancel this contract within 14 days of making it/conclusion of the contract, without giving any reason. 

To exercise the right to cancel, you must inform the us that you want to cancel in a clear statement. You may use the attached model cancellation form or email yourperfectflowers@gmail.co.uk.For all purposes at law, the contract between us is not made until you have agreed these terms and we have agreed to provide the services you want.

The law applies whether or not you have already paid us.

Instead of waiting 14 days until your cancellation period expires, you can simply tell us that you want to start the work sooner or right away. You can send us an email to yourperfectflowers@gmail.co.uk  or complete the form below and send that to us an email attachment. If you do that, you lose your right to cancel within the rest of the 14-day period.

If you want to cancel later, after we have started the agreed work, you can do so at any time and the cancellation policy will apply. As before, all you have to do is write to us, as above, making your intention quite clear. 

⦁ If you cancel, you will save money only insofar as work has not been done. You must still pay us for materials and work done, even if you have had no benefit from it at the time when you cancel. 

Request to start work

To;

Your Perfect Flowers 

84 Great Oxcroft

Basildon

SS15 6PN

I/We hereby give notice that I/we would like you to start work under the contract as soon as we have signed the contract. 

We instruct you to start working for us as soon as you can.

Signed

Date:

Client name:

Client address:

Model Cancellation form

To;

Your Perfect Flowers 

84 Great Oxcroft

Basildon

SS15 6PN

I/We hereby give notice that I/we cancel my/our contract for the supply of the following service [enter details of service],

Ordered on [date]/received on [date],

Name: [enter name or names in which the order was made],

Address: [enter your address],

Date: