Terms & Conditions
Ordering Flowers Online
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.paulthomasflowers.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. INFORMATION ABOUT US
1.1 www.paulthomasflowers.co.uk is a site operated by Paul Thomas Flowers Limited (we). We are registered in England and Wales under company number 04317844 and with our registered office and main trading address at Arch 83 Queens Circus, Queenstown Road, London, SW11 8NE. Our VAT number is 848 5481 84.
1.2 We are a limited company.
2. YOUR STATUS
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.
3. ACCESSING OUR SITE
3.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
3.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
3.3 If you choose, or are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any provisions of these terms and conditions.
3.4 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order (Acknowledgment Email). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. OUR STATUS
5.1 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
5.2 Where there are links to other sites and resources by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
6. CANCELLATION
6.1 You acknowledge and agree that you will not have any right to cancel a Contract for the supply of any of the Products as the Products have been arranged to your specifications and by reason of their perishable nature are liable to deteriorate rapidly and cannot be returned.
6.2 This provision does not affect your statutory rights.
7. AVAILABILITY AND DELIVERY
7.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7.2 The Product is subject to availability. In the event the Product cannot be supplied for reasons beyond our control, including but not limited to, the unavailability of the Product, we reserve the right to substitute the Product or part of it with a product of equivalent value and shall notify you as soon as is reasonably practicable.
7.3 You agree and accept that the Product will vary in terms of lifespan dependant on season and environmental conditions which are out of our control.
8. RISK AND TITLE
8.1 The Products will be at your risk from the time of delivery.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9. PRICE AND PAYMENT
9.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
9.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due.
9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
9.6 Payment for all Products must be by credit or debit card before the Product is dispatched. We reserve the right to immediately suspend or terminate the Contract if payment is not received in accordance with this clause 9.
10. OUR LIABILITY
10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
10.2 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy.
10.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
10.4 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;
provided that this clause 10.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1, 10.2 or clause 10.3 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 10.5.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it, including but not limited to, copyright and trademarks. These works are protected by copyright laws and treaties and all such rights are reserved.
11.2 You are expressly prohibited from copying, reproducing, displaying or transmitting any such material on our site without obtaining our prior written consent. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
11.3 Subject to this clause you are permitted to use the information displayed in our site for the sole purpose of purchasing or considering to purchase our Products or any other purpose of our site and we reserve the right to withdraw this licence at any time without notice to you.
11.4 You agree to indemnify us in the event that we incur any indirect/direct claims, liabilities, costs, fees, losses, damages or expenses (including consequential) as a result of your breach of this clause 11.
12. RELIANCE OF INFORMATION POSTED AND CHANGES TO OUR SITE
12.1 Any material on our site is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
12.2 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
13. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our privacy policy. By using our site, you consent to such proceedings and you warrant that all data provided by you is accurate.
14. VIRUSES, HACKING AND OTHER OFFENCES
14.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
14.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
14.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
15. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
16. NOTICES
All notices given by you to us must be given to Paul Thomas Flowers Ltd, Arch 83 Queens Circus, London, SW11 8NE. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 15 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
17. TRANSFER OF RIGHTS AND OBLIGATIONS
17.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
17.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
17.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
18. EVENTS OUTSIDE OUR CONTROL
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
18.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
19. WAIVER
19.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
19.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
19.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16.
20. SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21. ENTIRE AGREEMENT
21.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
21.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
21.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
22. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
22.1 We have the right to revise and amend these terms and conditions from time to time.
22.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
23. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the law of England and Wales. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
School Terms & Conditions
1. TERMS
1.1 These are the terms and conditions on which Paul Thomas Flowers Limited (“we”, “us”or “Paul Thomas”) provides flower classes and/or courses to you (“Classes and Courses Terms”). Please read these Classes and Courses Terms carefully before you book a class or course. By booking a class via our website, by email, on the telephone or by any other method, you agree to be bound by these Classes and Course Terms.
2. INFORMATION ABOUT US
2.1 Paul Thomas Flowers Limited is registered in England and Wales under company number 04317844 and with our registered office and main trading address at Arch 83 Queens Circus, Queenstown Road, London, SW11 8NE. Our VAT number is 848 5481 84.
2.2 If you need to contact us, please telephone us on + 44(0)20 7499 6889 or email us at school@paulthomasflowers.co.uk
3. OUR CONTRACT WITH YOU
3.1 The information shown to you as part of the booking process, these Classes and Course Terms and (if you book online) the Website Terms of Use comprise the legally binding contract between you and Paul Thomas Flowers (“the Contract”).
3.2 Upon making your booking, you will be sent a confirmation email detailing your booking (“Confirmation Email”). Your place on the course is then confirmed. The Contract will only be formed when you have been sent the Confirmation Email.
3.3 Please ensure that you have given us a correct email address as this is how we will communicate with you about your booking. Upon receipt of the Confirmation Email, please check the details for accuracy and let us know immediately if there are any errors.
3.4 You must be at least eighteen years old at the time of booking to book and attend a course and have an operational level of English as all our courses will be conducted in English.
3.5 Please note that the teachers for each course may vary and we do not commit to a particular teacher or particular items being produced on any course. All the images on the website are used for reference use only.
4. FEES AND PAYMENT
4.1 Courses and classes can be booked and purchased online. For courses above a certain amount, a 50% deposit option is available at time of purchase. The full amount and all fees must be paid in full up to two weeks before the classes and/or course. All fees stated are inclusive of VAT at the prevailing rate.
4.2 We accept payment of fees online by credit card or debit card. If you wish to pay fees by bank transfer, you should contact us by email before making a booking.
4.3 All materials and flowers are included in the course fees.
4.4 Whilst we will try to ensure that all prices on our website are accurate, errors may occur. We will normally verify prices as part of the booking process. In the event that a course you have booked is listed at an incorrect price due to a typographical or administrative error, we will notify you of the correct price and you will have the option of cancelling your booking.
5. ALLERGIES AND SPECIFIC NEEDS
5.1 We will try to adapt our courses to suit an individual’s allergies and specific needs. However, this will not be possible for every course. To determine whether a course can be adapted for allergies and/or specific needs and to what degree, you should contact us by email before making a booking.
5.2 You must give details of your allergies and specific needs as part of the booking process.
5.3 All requests for adaptations to courses to accommodate specific needs must be made to us by email not less than one week before the Course Date. Failure to do so could result in us refusing to allow you to attend the course.
6. COURSE TRANSFERS
6.1 We will do our best to accommodate any requests to transfer on to any other course but this will always be at our discretion and subject to availability.
6.2 Students may not transfer to another course once it is started.
7. YOUR CANCELLATION RIGHTS
7.1 Once you have booked onto a course, you cannot cancel the Contract (unless you have statutory cancellation rights). However, if you are unable to attend the booked course, please contact us by email or telephone and we will credit the fees paid by you towards another course (subject to availability) provided that you book that other course at the same time.
7.2 Nothing in these Classes and Course Terms affects your statutory rights as a consumer to cancel your booking during the period of 14 days from the booking date (provided that the course has not completed) by notifying us by post or email. In these circumstances, Paul Thomas Flowers will refund all fees paid within 14 days of receiving your cancellation save that, if you have started to attend the course, we will be entitled to charge you for the services that we have provided to you prior to your cancellation.
8. OUR CANCELLATION RIGHTS
8.1. We reserve the right to amend or cancel courses.
8.2 If we cancel a course, we shall endeavour to give you at least one week’s notice. You will have the option of transferring to another course or having a full refund of the fees. We will not be liable for any losses (including, but not limited to, travel and accommodation costs) arising as a consequence of any modification or cancellation of courses or timetabling constraints as set out above, beyond the cost of the course fee.
8.3 We may also end the Contract at any time by email (and we will not be required to refund the fees paid by you in such circumstances) if: (a) you do not make any payment to us when it is due; (b) you cease to attend the course (other than following your permitted cancellation as set out above); (c) your behaviour does not conform with our standard rules and procedures; (d) at any time (including on booking) you provide us with information which is inaccurate, incomplete or misleading or fail to provide us with information on request which may affect your ability to complete the course;(e) during the course you develop a medical condition or take medication which is a barrier to learning and in order to make the necessary adjustments to safely accommodate you on the course we would have to incur additional time and expenses that would be unreasonable in the circumstances.
8.4 We will be entitled to cancel any course or any part of a course at any time due to circumstances or events beyond our reasonable control or for any other reason. In such circumstances, we will reimburse you for the fees that you have paid in respect of the course of part of the course which has been cancelled or, if you choose, we will credit the fees paid by you towards another course. You acknowledge that we shall have no other liability to you for any loss or damage that you may suffer as a result of such cancellation.
9. HEALTH AND SAFETY
9.1 Students are expected to follow our health and safety guidelines that are given at the start of each course.
9.2 Students are asked to wear appropriate clothing and footwear during the course.
9.3 Any student who fails to comply with our health and safety guidelines will be unable to participate in the course and will not receive any kind of refund of the course fees.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 All intellectual property rights and other ownership rights in all documentation, flowers, arrangements, materials, designs, creative concepts, logos and branding (in whatever form) relating in any way to any of our courses and/or your participation in them belong to Paul Thomas Flowers and may not be copied, distributed or used by you without our prior written consent.
10.2 At the end of a course, a student will usually be allowed to take away any specific item that they have created as part of that course, but this is at our sole discretion.
11. GENERAL
11.1 Each of the provisions of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, invalid or otherwise unenforceable, those provisions shall be deemed severed from the remaining provisions and such remaining provisions will continue in full force and effect.
11.2 Even if we delay in enforcing the Contract, we can still enforce it later. For example, if you fail to make a payment and we do not chase you but we continue to provide the course, we can still require you to make the payment at a later date.
11.3 The termination of the Contract will not extinguish any claim that has already arisen.
11.4 You may not transfer any of your rights under the Contract to any other person without our written permission.
11.5 The Contract is governed by English law, and the English courts will have exclusive jurisdiction over any claim arising from, or related to, the Contract, our courses, these Course Terms and/or your participation in any course.
Events and Weddings
Terms & Conditions
1. INTERPRETATION
In these Conditions the following terms shall, where the context so allows, have the following meanings:
1.1 “Paul Thomas Flowers” shall mean Paul Thomas Flowers Limited of Arch 83 Queens Circus, Queenstown Road, London, SW8 4NE.
1.2 “The Client” shall mean the person named in the Proposal for whom Paul Thomas Flowers has agreed to provide the Services in accordance with these Terms
1.3 “The Contract” shall mean the contract for the provision of the Services on the terms hereof,
1.4 “The Product” shall mean the flower and plant selections/floral arrangements attached to or referred to in the Proposal or agreed from time to time between Paul Thomas Flowers and the Client
1.5 “The Proposal” shall mean the written proposal sent to the client with a description of the service to be provided including all the associated costs, and for the avoidance of doubt, should be read in conjunction with these Terms
1.6 “The Terms” shall mean these terms and conditions
1.7 “Paul Thomas Flowers Staff” shall mean all or any personnel, (which shall include full time employees of Paul Thomas Flowers or freelance staff as the case may be) supplied by Paul Thomas Flowers attending the Event at the Venue
1.8 “The Event” shall mean the event at which the Services are to be supplied,
1.9 “The Venue” shall mean the building or place in which the Services are to be provided,
1.10 “Payment on Account” shall mean such payment received by Paul Thomas Flowers from the Client specified in the Proposal,
1.11 “Equipment” shall mean all or any items used by Paul Thomas Flowers in connection with the provision of these Services including (but without prejudice to the generality of the foregoing) items of hardware, props, equipment, cleaning equipment or all or any other items whether such equipment belongs to or is hired or rented or borrowed by or on behalf of Paul Thomas Flowers,
1.12 “The Total Costs” shall mean the total price inclusive of VAT to be paid by the Client to Paul Thomas Flowers for the provision of the Services specified in the Proposal,
1.13 “The Services” shall mean the service to be provided by Paul Thomas Flowers pursuant to the Contract which shall include (but without limitation):
1.13.1 The provision of flowers and hardware in accordance with the Proposal.
1.13.2 Adequate Staff (in suitable attire) for the installation of the Event.
1.13.3 Such Equipment as may be necessary for the installation of the Event and for the provision of the Services, save as provided by the Client or the Venue.
1.13.4 Adequate Staff and Equipment for the removal of the installation from the Venue and for the cleaning and tidying of all Equipment and of the Venue.
1.13.6 Any additional services or items specified in the Proposal.
1.14 “Paul Thomas Flowers’ Published Literature” shall mean all information published at the date hereof on the website.
1.15 The headings in these Terms are for convenience only and shall not affect their interpretation.
2. PAUL THOMAS FLOWERS’ OBLIGATIONS
2.1 Subject as provided below, Paul Thomas Flowers shall use its reasonable endeavours to provide the Services at the Venue on the date and time specified in the Proposal.
2.2 Without Prejudice to the generality of 2.1, Paul Thomas Flowers may substitute any flower or plant referred to in the Proposal or any item of Equipment or any other aspect of the Services if the provision of the item in the Services shall be impractical by reasons of availability or price or quality and Paul Thomas Flowers shall not be liable to refund or compensate the client in such regard provided always that such item shall be replaced or substituted with an item of similar or no lower value and quality and that in the reasonable opinion of Paul Thomas Flowers the overall quality and nature of the Services and of the Event shall not be materially diminished or altered. Images used in the Proposal are for illustrative purposes only.
2.3 Paul Thomas Flowers shall provide the Services to the Client in accordance with the Proposal and otherwise in accordance with Paul Thomas Flowers’ Published Literature subject to these Terms.
2.4 Paul Thomas Flowers may at any time and without notification or liability to the Client make any changes to the Services such as are reasonably necessary to comply with any applicable legislation, regulation, licensing requirement, planning requirement or direction of any competent authority whether relating to the Venue or otherwise provided always that Paul Thomas Flowers shall use its reasonable endeavours to procure that such amendment to the Services does not materially alter or diminish the nature or quality of the Services.
3. CLIENT’S OBLIGATIONS
3.1 The Client shall at its own expense supply Paul Thomas Flowers with any additional information not contained in the Proposal that Paul Thomas Flowers may reasonably require in order to provide the Services.
3.2 The Client will not produce or distribute publicity literature or other documentation or publicity release on social media or elsewhere, relating to the Services to be provided by Paul Thomas Flowers at the Event without the prior approval thereof by Paul Thomas Flowers, such approval not to be unreasonably withheld or delayed.
3.3 The Client agrees that, except by opting out in writing, that Paul Thomas Flowers may produce or distribute publicity literature or other documentation or publicity release on social media or elsewhere, relating to the Services provided by Paul Thomas Flowers after the Event without the prior approval thereof by the Client.
3.4 Photographs of the Product and/or Equipment captured by Paul Thomas Flowers either at the Venue during the Event or elsewhere remain the property of Paul Thomas Flowers and the Client agrees that the imagery can be used in whatever capacity Paul Thomas Flowers deems appropriate, unless the Client specifies otherwise in writing.
3.5 The Client shall procure access to the Venue at such times and at such periods for the purpose of the proper organisation and preparation of the Services as may be necessary.
3.6 The Client shall attend the Venue with Paul Thomas Flowers at such times and occasions as Paul Thomas Flowers may reasonably consider to be necessary for the proper organisation and preparation of the Services and in any event not less that once prior to the Event.
3.7 The risk in the Product and/or Equipment transfers from Paul Thomas Flowers to the Client once delivery and installation are complete. Upon said completion, the Client shall be responsible for the cost of repair or replacement of any Equipment which shall be lost or damaged in connection with the provision of the Services or the repair, cleaning or replacement of any part of the Venue which shall be damaged in connection with the provision of the Services save to the extent that such is covered by insurance and provided always that Paul Thomas Flowers shall use its reasonable endeavours to protect and care for the Equipment.
3.8 The Client will agree and accept that the lifespan of the Product will vary dependent on season and environmental conditions which are out of Paul Thomas Flowers’ control.
3.9 Any samples made for the Client shall be chargeable to the Client
4. ALTERATION TO THE SERVICES
4.1 Paul Thomas Flowers shall be under no obligation to agree to any amendment to the Services later than one week prior to the date of the Event specified in the Proposal.
4.2 Any amendment to the Services by the Client shall be notified in writing to Paul Thomas Flowers.
4.3 Paul Thomas Flowers shall use its reasonable endeavours to comply with any request by the Client made more than one week prior to the Event to amend the Services and (if requested) to provide a revised price or specification of the Services as may be appropriate as soon as reasonably practicable after receipt of such request.
4.4 In the event that the amendment to the Services requested by the Client shall, in the reasonable opinion of Paul Thomas Flowers, amount to a fundamental change in the Services then Paul Thomas Flowers may, at its absolute discretion, by notice to the client within not more than 14 days of receipt of such written request, treat such request received from the client as being a notice of termination by the Client.
4.5 For the purposes of this clause 4 an amendment to the Services shall be considered to be fundamental if the resultant change to the Agreed Cost would be likely to exceed 25% of the Total Costs or if the date of the Event shall change or if provision of the Services as amended would be impractical, impossible or unlawful bearing in mind all applicable circumstances including the Venue and the date of the Event.
5. CHARGES
5.1 Subject to any special terms agreed with the Client, all charges shall be based upon the Proposal, together with any additional sums which, at Paul Thomas Flowers’ sole discretion, are required as a result of the Client’s instructions or a lack thereof or the inaccuracy of any details or information supplied in relation to the Venue or the Services and all such Charges shall be notified to the Client by Paul Thomas Flowers in writing.
5.2 All charges quoted to the Client for the provision of the Services in the Proposal are exclusive of commission and VAT for which the Client shall be additionally liable at the applicable rate.
5.3 If payment is not made on the due date, Paul Thomas Flowers shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount at the rate of 4% above the base rate from time to time of Barclays Bank Plc accruing on a daily basis both before and after judgment together with all costs and losses incurred by Paul Thomas Flowers in the exercise of its rights under these Terms.
5.4 Paul Thomas Flowers reserves the right to charge extra if the preparation and organisation of the Event is extended as a result of action or inaction of the client, including without prejudice to the generality of the foregoing, any variation or delay in the Client giving a confirmatory instruction to Paul Thomas Flowers.
6. PAYMENTS
6.1 If the Client and Paul Thomas Flowers agree the Contract 8 weeks or more before the Event, then the Client shall pay Paul Thomas Flowers 50% of the estimated Total Costs in full and cleared funds 8 weeks before the Event, half of which payment forms a non- refundable deposit, and the balance of the Total Costs shall be payable in full and cleared funds by the Client to Paul Thomas Flowers no later than 2 weeks before the Event.
6.2 If the Client and Paul Thomas Flowers agree the Contract less than 8 weeks before the Event, then the Client shall pay Paul Thomas Flowers 50% of the estimated Total Costs in full and cleared funds on the date of the Proposal being approved, half of which forms a non- refundable deposit, and the balance of the Total Costs shall be payable in full and cleared funds by the Client to Paul Thomas Flowers no later than 2 weeks before the Event.
6.3 Any additions to the Total Costs will be payable in full and cleared funds by the Client to Paul Thomas Flowers within 30 days after the Event.
6.4 Where payments are made by credit or debit card we do not store credit card details nor do we share customer details with any 3rd parties.
7. PAUL THOMAS FLOWERS STAFF
7.1 Paul Thomas Flowers’ Staff shall be charged to the Client to include setting up and preparation of the Event at the Venue and all cleaning and removal of Equipment after the Event, as detailed in the Proposal.
7.2 In the event of any delay to installation and completion of the Event or in the clearing or vacation of the Venue or in the return of any Equipment to its provider for any reason other than the negligent or malicious action or inaction of Paul Thomas Flowers then the Client shall be liable for all costs of and relating to the Paul Thomas Flowers Staff and the Equipment.
8. VENUE
Save as specifically provided elsewhere and agreed between the Client and Paul Thomas Flowers, Paul Thomas Flowers shall accept no responsibility in respect of insuring the Venue or its fabric or contents and the Client accepts full liability in this regard and shall indemnify and hold indemnified Paul Thomas Flowers against all or any loss claim or damage arising in respect of the Venue out of the provision of the Services.
9. CANCELLATION
9.1 In the event that the Client shall cancel or be deemed to cancel the Event less that 8 weeks but more than 2 weeks prior to the dated specified in the Proposal then the Client shall be liable for 25% of the Total Costs in addition to all out of pocket disbursements or costs of Paul Thomas Flowers in relation to the proposed provision of Services, credit being given for any additional Payment on Account already paid.
9.2 In the event that the Client shall cancel or be deemed to cancel the Event less than 2 weeks prior to the date specified in the Proposal then the Client shall be liable for 100 percent of the Total Costs in addition to all out of pocket disbursements or costs of Paul Thomas Flowers in relation to the proposed provision of the Services, credit being given for any additional Payment on Account already paid.
9.3 In the event that it shall become impossible, unlawful or impractical for Paul Thomas Flowers to provide the Services (save as a result of any negligent or malicious action or inaction by Paul Thomas Flowers) then Paul Thomas Flowers may, by notice in writing to the Client, terminate the Contract and return to the Client any balance of the Payment on Account remaining after settlement of all or any costs, expenses or liabilities howsoever incurred in respect of the proposed provision of the Services whereupon all further obligations or liabilities owed by one party to the other out of or in connection with the Contract shall determine.
10. WARRANTIES & LIABILITY
10.1 Paul Thomas Flowers warrants to the Client that the Services will be provided using reasonable care and skill and as far as reasonably possible in accordance with the Proposal and at the Venue and on the date and at the time specified.
10.2 Paul Thomas Flowers shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation howsoever arising in connection with the provision of the Services save in the case of gross negligence or malicious conduct.
10.3 Except in respect of death or personal injury caused by Paul Thomas Flowers’ negligence or as expressly provided in these Terms, Paul Thomas Flowers shall not be liable to the Client by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of the Contract for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Paul Thomas Flowers, its servants or agents or otherwise) which arise out of or in connection with the provision of the Services or their use by the Client or from the Venue and the entire liability of Paul Thomas Flowers under or in connection with the Contract shall not exceed the amount of the Total Costs except as expressly provided in these Terms.
10.4 Paul Thomas Flowers shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of its obligations in relation to the Services if delay or failure thereof was due to any cause beyond Paul Thomas Flowers’ reasonable control.
11. INSURANCE
11.1 Paul Thomas Flowers shall maintain Public Liability Insurance in the amount of
£5,000,000 for each event.
11.2 Paul Thomas Flowers shall maintain Employer’s Liability Insurance in the amount of
£10,000,000.
11.3 Paul Thomas Flowers accepts no responsibility or liability to the Client regarding the implementation or maintenance of insurance with regard to the Event and it shall be the responsibility of the Client to arrange and maintain all appropriate insurance cover whether required by applicable statute, Regulation or otherwise in respect of the Event and the Venue.
11.4 Paul Thomas Flowers recommends that the Client should procure appropriate insurance for the Event in respect of an event of Force Majeure and/or an Act of God.
12. GENERAL
12.1 These Terms (together with the terms if any, set out in the Proposal) constitute the entire agreement between the parties and supersede any previous agreement or understanding between them and may not be varied except in writing between the parties and all other terms expressed or implied by statute or otherwise are excluded to the fullest extent permitted by law.
12.2 A notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to the other party at its address specified in the Proposal or in these Terms.
12.3 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right and no waiver by either party of any breach of the Contract by the other shall be considered to be a waiver of any subsequent breach of the same or any other provision.
12.4 If any provision of these Terms is held by any Court or other competent authority to be invalid or unenforceable in whole or in part then the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
12.5 Any dispute arising under or in connection with these Terms over the provision of the Services shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on application of either party by the president for the time being of the Institute of Chartered Accountants for England and Wales (ICAEW).
12.6 This Contract shall be read and interpreted in accordance with English Law and the parties hereto irrevocably submit to the exclusive jurisdiction of the Supreme Court of England and Wales.