Terms And Conditions

Silver Birch Flowers, trading as Silver Birch Flowers, (‘Silver Birch Flowers’, ‘we’, ‘us’, ‘our’) endeavour to provide the highest quality floral arrangements possible in a timely and professional manner. Our work can be defined as products (including but not limited to cut flower, hand-tied bouquets, planted arrangements) and services (including but not limited to the design, creation and set-up of floral arrangements for wedding and events, and online services).

We aim to treat our clients and customers (‘you’, ‘your’) exactly as we would wish to be treated; with honesty, transparency and fairness. As such we have a few set terms and conditions (‘terms of service’, ‘terms’) we ask you to accept and confirm before we deliver our products or services to you. Please read these terms carefully.

Any products and services offered by us shall be subject to the same terms and conditions and we reserve the right to supplement or amend any of the terms listed below. We will post any changes to these terms here. You agree that by using our products and services, you become bound by this, the current version, of our terms and conditions and that you are responsible for checking said terms each time you make use of our services. Any breach of these terms may result in the immediate termination of our services. Your continued use of our products and services is taken as evidence of your express consent to the following terms.

1. GENERAL CONDITIONS
Silver Birch Flowers reserve the right to limit or refuse our services to any person, geographic region or jurisdiction.
We reserve the right to change or discontinue our products and services or to refuse or cancel orders when necessary.
We reserve the right to change our prices at any time.
We make every effort to display our products accurately on our website and social media channels. However, due to the natural character of our goods, we cannot guarantee that the product you receive will reflect the photographs online. Our natural products are subject to variations in colour, size and seasonal availability. Where availability is restricted, we reserve the right to substitute suitable products of equal or higher value without notice. However, we will endeavour to contact you should any major changes be required.
No products should be consumed by animals or humans; some products, flowers and plants may be harmful or poisonous if ingested.
 

2. CONFIRMATION OF PRODUCTS OR SERVICES
Silver Birch Flowesr require all clients to confirm a wedding or event in writing, either by e-mail or post.
Payment for a product or service, either in full or via a deposit, is taken as confirmation of booking for said product or service.
Confirmation of booking constitutes acceptance of our Terms and Conditions.
Confirmation constitutes acceptance of the latest quotation and we reserve the right to revise the quotation in the event of a material change in number or type of items required or services needed.
 

3. PAYMENT TERMS
Orders for a product or service will not be accepted without payment at the time of booking.
Upon purchase of a product from our physical or online shop, payment must be made in full at the time of purchase.
Upon confirmation of a wedding or event, a non-refundable 10% deposit will be required to secure our services for the relevant date. Without receipt of a deposit, we regret that we are unable to hold the date and will be available to take other bookings. Monies paid on confirmation will be deducted from the final invoice.
The balance of the account is due one month prior to the event.
We accept payment in GBP (£) by BACS and all major credit and debit cards. We regret that we do not accept payment in instalments.
All payments are processed securely and your information used solely to process the order.
 

4. RETURNS, REFUNDS AND CANCELLATIONS
Products:
All flowers, bouquets and perishables are non-returnable and non-refundable.
We hope that you will be completely satisfied with our products. However, in the unlikely event that our flowers do not reach you in perfect condition, please contact us within 24 hours of receipt with photographic evidence of any issues. We regret that, due to the perishable nature of our products, any complaints received outside of this 24-hour period cannot be dealt with. Replacement flowers may be offered at our discretion.
As our products are made to order, we reserve the right to refuse refunds for cancelled bookings and orders. Extenuating circumstances may be considered but are not a guarantee of a refund.
 

Weddings and events:
Once an event has been confirmed, we order flowers, reserve sundries, book staff and may refuse to supply other clients wishing to book our services. To compensate for costs incurred and loss of profits, charges may be applied for cancellation of a confirmed event.
Cancellations must be received in writing and the date of receipt will determine the cancellation charge applicable.
For weddings or events cancelled up to 28 days prior to the date of said event, we reserve the right to charge up to 25% of the most recent quotation.
For weddings or events cancelled within 28 days prior to the date of said event, we reserve the right to charge up to 50% of the most recent quotation.
For weddings or events cancelled within 14 days prior to the date of said event, we reserve the right to charge up to 75% of the most recent quotation.
For weddings or events cancelled within 7 days prior to the date of said event, we regret that 100% of the final payment will be lost.
 

We will take all reasonable steps to prevent this from happening but in the highly unlikely event that we need to cancel an order or booking, you will be entitled to a full refund of monies paid to date (less any deposit), and no more. This does not apply to Force Majeure Events (see clause 8).
 

5. POSTPONEMENTS AND CHANGES TO ORDERS
In order to ensure the smooth delivery of our products and services, Silver Birch Flowers require notice of postponements or changes in orders for large deliveries or weddings and events within 14 days of expected delivery of said product or service. After this point, while we will do our utmost to accommodate requested changes, we regret that no guarantee can be made.
 

Postponements:
Should a change of date become necessary, we are under no contractual obligation to deliver our products or services on the replacement date. While we will do our utmost to accommodate the new date, if we are unable to do so, we regret that deposits will remain non-refundable. If we are able to accommodate the new date, we reserve the right to amend prices accordingly. As our products are made to order, we reserve the right to refuse refunds for bookings and orders postponed within 14 days of said event. Extenuating circumstances may be considered but are not a guarantee of a refund. Events or orders postponed before the 14-day deadline will not be subject to charge and deposits will be carried across to the new date.
 

Changes:
While we will do everything we can to accommodate changes to existing orders, we reserve the right to amend prices accordingly. Should the changes entail a reduction in order numbers, we regret that no refund for the difference will be made after 14 days prior to expected delivery.
 

6. DELIVERY TERMS

We operate limited opening hours for deliveries and delivery times and days are at our discretion. Please contact prior to ordering to ensure that we can fulfil your order at the date and time of your choosing. Delivery is available to Stroud, Nailsworth, Minchinhampton, Chalford free of charge other destinations may incur a delivery charge. We reserve the right to decline to deliver an order which we deem to be too far away. Please contact us to ensure we are able to deliver your order.
When completing any purchase through our online shop, you agree to ensure all details are correct. We cannot be responsible for any delays or undelivered items due to misspelt or incorrect details and regret that refunds or replacement flowers will not be offered in this case.
When ordering perishable products, it is your responsibility to ensure that someone will be available to receive the product on the date of delivery, or that an alternative safe drop-off point has been arranged. You agree to ensure that all details are included in the order or to contact us directly in advance. If nobody is home to receive the products, we will leave a delivery note to specify whether the flowers have been left with a neighbour or in a safe place on the property. If neither is possible, the flowers will be taken back to our studio and we will arrange either redelivery or collection.
We reserve the right to not action any delivery requests specified by you where we deem it unreasonable; we will instead use other information provided by you to fulfil the order.
Our products are not currently available for national delivery.
 

7. PROP HIRE, BREAKAGES AND LOSSES
Unless otherwise stated, all props remain the property of Silver Birch Flowers.
Hire of existing props is complimentary when provided with flowers. A hire fee may be charged should you wish us to source new or specific props for your event.
Props will be collected by us the day after your event, unless agreed otherwise.
Should any prop incur loss, damage or breakage, you agree to the cost of replacement of said item.
Props can, on occasion, be hired without flowers. A hire fee will apply and you (the hirer) are responsible for insuring products throughout the duration of the lease. Payment may be made in advance or on collection and a deposit will be held until all props are returned.
Props must be returned clean, ready to use and with any original packaging dry and intact. Dirty, missing or damaged props will be charged a replacement fee on return. Items hired without flowers must be collected and returned to our studio in Minchinhampton by you, the hirer. Availability of items and duration of hire is at our discretion.
Silver Birch Flowers does not accept responsibility for client property; items left with us are done so at the owner’s risk.
 

8. LIABILITY AND FORCE MAJEURE EVENTS
In the instance of an event outside of our reasonable control (a ‘Force Majeure Event’ or ‘Act of God’), we shall not be liable or responsible for any resulting failure to perform, or delay in performance of, any of our obligations laid out in these terms and conditions.

          A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control. You agree that the following shall all be Force Majeure Events:

· extreme weather conditions preventing our services taking place, our products being delayed or our website not working for any reason including but not limited to winds, snow, rain, storm, fire, floods or any natural disaster whatever;

· civil unrest, riots, strikes, transport delays and anything connected with such events that prevent our services taking place, our products being delayed or our website not working for any reason;

· impossibility or difficulties with the use of any relevant means of public or private transport for any reason;

· cancellation by any third party related services;

· inability to receive materials ordered due to a third party supplier failure which was beyond our control;

· impossibility or difficulties with the use of public or private telecommunications networks, including the internet, for any access of any part of our website or social media channels;

· the failure of any computer or telecommunications system or hardware or software of any description; or

· the failure of our website affiliate interface or connected technology.

Our obligations under these terms and conditions are suspended for the period that the Force Majeure Event continues. We will have an extension of time to perform these obligations for the duration of that period. In all cases, we will take reasonable steps to bring the Force Majeure Event to a close or to find a reasonable solution by which our obligations under these terms and conditions can be performed despite the Force Majeure Event. If this is not possible, we will discuss with you how best to address this but regret that no refund will be available for loss of services or products caused by events outside of our control and neither will we be liable for costs incurred by you as a result of said events.
 

9. TERMINATION OF CONTRACT
In the event of our sudden serious illness, death or the cessation of trading, we regret that all contractual obligations will come to an end and monies paid will be lost.
Contracts will be terminated if either party are in breach of these Terms and Conditions.
Any breach of these Terms and Conditions by you, the client, will result in said client indemnifying any costs or liabilities incurred by Silver Birch Flowers as a result of the breach, and no more.
Any breach of these Terms and Conditions by us, Silver Birch Flowers, will result in a full refund to the client of the total monies paid to date (less any deposit), and no more.
 

10. INTELLECTUAL PROPERTY
Silver Birch Flowers retain legal ownership of all products and services produced and provided by us. We may make products, including but not limited to floral arrangements, floral designs, copy, websites, downloads and photographs, available to you but the intellectual property rights and copyright for these products remain with us. You may view and/or download said products but you agree not to reproduce, duplicate, modify, loan, sell or exploit our products or services in whole, part or by any means without our, or our content providers’, prior consent. Should you wish to share our work on social media or other platforms, we must be credited. You must not remove or modify any copyright, trademark or other notice of ownership. You must not use our products for any illegal or unauthorised purpose.
Silver Birch Flowers respect the intellectual property rights of others and we ask our clients and customers to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us directly.
 

11. OUR WEBSITE AND SOCIAL MEDIA CHANNELS
Silver Birch Flowers operate www.silverbirchflowers.co.uk (‘our website’, ‘our site’). The information, tools and services offered on our website are subject to our terms, conditions and policies. By visiting our site and engaging in our service you agree to these terms, conditions and policies.
We reserve the right to change or discontinue without notice any aspect or feature of our website. No content shall be construed as advice and all content is offered for informational purposes only (not for trading purposes). You rely on the information contained on our website at your own risk. We make no warranty or representation that the information contained on our website is appropriate for use in any jurisdiction other than England.
 

Terms of Use:
You agree not to use our website or any public areas found on it (including but not limited to forums, bulletin boards, chat rooms, hosted pages) to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or in violation of any applicable national or international law. You hereby indemnify Silver Birch Flowers against any loss, liability, damage or expense we or a third party may suffer as a result (either directly or indirectly) of your use of our website to send or post any such message or material. We further reserve the right to remove any such message or material without notice to you.
 

Third-party content:
Our site may feature links to other internet sites or resources. You agree that Silver Birch Flowers is not responsible for the availability of such external sites or resources; does not endorse and is not responsible or liable for any content on or available from such sites or resources; will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by use of or reliance on any such content, goods or services available on or through any such site or resource. When visiting external links, you must refer to the terms and conditions of the external website.
 

No hypertext link to our website may be made without our express permission. Please contact us if you would like to link to our website or would like to request a link to your website.
 

Accuracy and timeliness of information:
We cannot guarantee that the information on our site does not contain errors; although we endeavour never to mislead you, we undertake no obligation to update or amend information related to our service. If you find an error or omission on our website, please let us know.

12. GENERAL DATA PROTECTION AND OUR PRIVACY POLICY
You consent to the collection, processing and storage by Silver Birch Flowers of your personal information in accordance with the terms of our Privacy Policy and the Data Protection Act 1998 (as replaced, modified or re-enacted). We and you agree to comply with all applicable data protection laws and regulations and the terms of our Privacy Policy, as it relates to access, use and/or submission by you of any personal information to us. 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.

13. LAW AND JURISDICTION
Our Terms and Conditions are governed by English law and jurisdiction.
 

14. DISCLAIMER OF LIABILITY
In no case will Silver Birch Flowers be responsible for any injury, loss, claim or damages arising from your use of our products and services.
 

Questions, comments or requests relating to these Terms and Conditions should be addressed to:
Silver Birch Flowers, 19 Glebe Road, Minchinhampton, Gloucs, GL6 9JY