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Terms and Conditions

Standard terms and conditions of trading

These terms form the basis of the contract between our customer and Cornwall Floral Design. These Terms, your Order and your Order Confirmation are considered by us to set out the whole agreement between you and us for the sale of flowers. It is your responsibility to check all details in the order confirmation are complete and accurate as this is the document Cornwall Floral Design will work to when completing your order.

Basis of sale

Any samples, drawings or descriptions that are issued by Cornwall Floral Design and any descriptions or illustrations contained on this website are issued solely to provide you with and approximate idea of the flowers they describe and remain the property of Cornwall Floral Design.

Quotations are valid for a period of 30 calendar days from the date of issue. 

No contract is made with you until Cornwall Floral Design have received your booking fee. Once this has been received, you are in a legally binding contract with Cornwall Floral Design.

The flowers

Cornwall Floral Design warrant that on delivery or collection the flowers shall conform to their description as set out in the Order Confirmation, be of satisfactory quality and comply with all statutory and regulatory requirements in the UK. Cornwall Floral Design will not be held responsible for customer disappointment of the design or the interpretation of the flowers as long as it is made in line with the customer’s pre agreed requirements set out in the order confirmation and will face no consequent liability. It is the customers responsibility to ensure all details within the order confirmation and description are correct and meet their exact requirements.

The warranty does not apply to any defect in the flowers arising from wilful damage, accident, negligence by you or any third party, if you use the flowers in a way that Cornwall Floral Design do not recommend, your failure to follow the instructions or any alterations you carry out.

Cornwall Floral Design can not duplicate an exact copy of another florist's work but will go to great care to ensure it is as close to the clients specification as possible. Where colour swatches are provided we will do our best to match as close as we deem possible. Exact colour matches are not guaranteed.

Cornwall Floral Design. will not take responsibility for any allergies or illness from using fresh flowers on the cake. Every care is taken to ensure that your flowers are made as food safe as possible and any allergies must be discussed prior to the order. All liabilities lies with your cake provider.

From time to time certain materials or flowers may become obsolete. This is totally out of our control; however Cornwall Floral Design will do their best to select replacement products to reflect the original design as closely as possible. Cornwall Floral Design reserve the right to replace items with component parts of equal or better quality without consultation.

Cornwall Floral Design and the customer expressly agree that the flowers and all goods purchased from Cornwall Floral Design remain the property of Cornwall Floral Design until paid for in full.

Delivery

All orders will be delivered to the venue by Cornwall Floral Design. Delivery within Newquay is free, with a small delivery charge for surrounding areas. The flowers will be delivered on the day set out in the order confirmation to the address provided. We do not offer specific delivery times. Cornwall Floral Design will always do the best it can to ensure delivery dates agreed are achieved for the provision of the goods or services however the Company cannot accept liability for delays and time shall not be of the essence.

When delivering to a wedding venue, the venue shall be contacted in advance to arrange a mutually convenient time for delivery. Photographs of the flowers will be taken before leaving and, where possible, a signature will be obtained from the venue confirming the flowers have been received in good condition. Once the flowers have been delivered Cornwall Floral Design will not accept any liability for any damage sustained to the flowers thereafter nor any failure to follow the instructions provided.

Price and payments

The price of your flowers will be as set out in your order confirmation. A £20 booking fee is required for wedding flower orders and funeral flowers require full payment on booking. For wedding flowers a detailed order confirmation will be issued detailing the final balance and payment details. No further payment reminders will be sent and it is the responsibility of the client to ensure payment is on time.

Please note all booking fees are non refundable and non transferable.

The balance must be paid in cleared monies no later than the date set out in the order confirmation by bank transfer to the account specified, cash or payment by debit or credit card. If paying by debit or credit card please allow 3 working days for payment to clear. Late payments will incur a £20 per day charge.

If payment is not received by the date specified this shall be constituted as breach of contract by the client. Cornwall Floral Design reserve the right to hold the order until payment is made in full. When payment is late Cornwall Floral Design accept no responsibility should we be unable to purchase the required stock or equipment to make the flower arrangements as laid out in the order confirmation. In these circumstances the arrangements will be made as close to the order confirmation as possible with no redress or liability on Cornwall Floral Design.

Cancellations, postponements and alterations

In the event of a cancellation by yourselves, charges are as follows;

More than ninety days prior to the date = booking fee only.

Ninety days to one calendar month prior to the date = booking fee plus half the remaining cost.

Less than 3 weeks prior to the date = full amount

Any payments previously made are not refundable.

In the event of a postponement, the payment due remains the same as a cancellation. Subject to availability the monies will be paid forward to the new wedding date. Please be aware that this will only be done on one occasion. Any further postponements will be classes as a cancellation.

You may, prior to 8 weeks before the wedding day, amend or cancel your order by providing written notice. In the case of alterations a new order confirmation will be issued detailing the changes and the new cost. Alterations are not confirmed until a new order confirmation has been issued. Should you make any changes after that time there will not be a reduction in the price you pay, even if your new design is cheaper than the original booking.

In the unlikely event that Cornwall Floral Design need to cancel your order, any monies paid will be refunded. Cornwall Floral Design reserve the right to cancel, vary or suspend the operation of this contract if events occur which are in the nature of force majeure including (without prejudice to the generality of the foregoing): fire, floods, storm, plant breakdown, strike, lock outs, riot, hostilities, non-availability of materials or supplies or any other event outside the control of Cornwall Floral Design, and Cornwall Floral Design shall not be liable for any breach of contract resulting from such an event.

Cornwall Floral Design's liability (both in contract and tort) in respect of defects in goods or services shall be limited to the issue of a credit note in respect thereof or granting a refund or other such compensatory measures as Cornwall Floral Design, at its discretion, considers appropriate in the circumstances and shall be limited to the to the value of the goods or services giving rise to the claim.

Cornwall Floral Design shall not under any circumstances be liable for the customer respect of indirect consequential loss or damage or loss of profits, provided always that these conditions do not exclude or restrict Cornwall Floral Design’s statutory liability for death or personal injury arising from any negligence on Cornwall Floral Design’s part or liability imposed by statutory implied terms in Consumer Contracts.

Complaints

Complaints are very rare and due to the amount of work put into each individual arrangement they are taken very seriously. Any issues must be bought to our attention with 48 hours of delivery to give fair opportunity to assess the nature of the complaint.

Both Parties agree to not post any negative information about the other arising out of this Contract or Event on any online forum or website without providing advance written notice of the intended content thereof, and providing the other party with a prior opportunity to resolve any issues between the parties amicably.

General Terms

All designs and intellectual property rights remain the property of Cornwall Floral Design.

Cornwall Floral Design reserve the right to use images of your flowers for any form of advertising including web based promotions, brochures, galleries and competitions. It is advisable that you make a copy of all documentation received from Cornwall Floral Design for your own benefit.

This Agreement together with Order Confirmation documents provided constitute the entire agreement and understanding between the parties relating to the order. Except as may be expressly stated in this Agreement, it supersedes and cancels all prior agreements, statements, representations, understandings, negotiations and discussions, whether oral or written, between the parties. Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on any statement, representation, warranty or understanding made prior to this Agreement save to the extent that such statement, representation, warranty or understanding is incorporated into this Agreement. Each of the parties acknowledges and agrees that in entering into this Agreement it has not relied on (or has been induced to enter into this Agreement by) any statement, representation, warranty or understanding made prior to this Agreement. Nothing in this paragraph excludes any liability for fraudulent misrepresentation.

In the event that any one or more such provisions of this Agreement should be deemed to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity and enforceability of the remaining valid and enforceable provisions thereof which shall be construed as if such invalid or unenforceable provisions had not been inserted.

The parties agree to submit to the non-exclusive jurisdiction of the English courts.

Any headings utilised in this Agreement have been inserted for the convenience of reference only and should in no way restrict or otherwise affect the construction of the terms and conditions hereof.

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