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Terms & Conditions of Business

Standards of Service & Performance

1. Introduction

1.1. We as a partnership under the name of ‘The Blue Orchid’, endeavour to deliver a high quality of service and to carry out all reasonable requests relating to our business. 

1.2. As far as possible, given due notice, all services to be provided by The Blue Orchid will be identified in a quotation sheet, which, with these terms and conditions, will form a contract between us.

1.3. Once this contract is agreed and signed, our duties to you, as the customer shall be carried out regardless of the status of the business at the time the work is due. This does not affect your statutory rights.

 

2.Definitions 

 In these conditions, unless the context requires otherwise:

  •  ‘The Company’ refers to the business ‘The Blue Orchid'

  •  ‘The Client’ or ‘Customer’ refers to the party purchasing the goods or Services from the Company

  •  ‘The Contract’ means any contract for the provision of goods and Services supplied from the Company to the Client in accordance with these Conditions

  •  ‘The Services’ refer to any goods, products and services forming the subject of the Contract between the Company and the Customer

  •  ‘The Quotation Sheet’ is the sheet detailing the specified Services and products to be supplied to the Customer in accordance with these Terms and   Conditions

  •  ‘Specified Services’ means the services to be provided by the Company for the Client which will, when appropriate, be referred to in the Quotation Sheet.

 

3. Quotations/Proposals

3.1. Quotations/Proposals as defined on the Quotation Sheet are, unless stated otherwise or unless previously withdrawn from the Company, open for acceptance for a period of 30 days from the date written.

3.2 Once signed, Quotations are subject to a 20% deposit or acceptance fee on the work due, unless this has been otherwise agreed, in which case this will also be written down on paper and a signature obtained from both parties. Please refer to Section 14 for ‘further payments’. 

 

4. Existence of Contract

4.1. These Conditions shall be incorporated into the Contract to the total exclusion of any other terms and conditions stipulated or referred to by the Client.

4.2. Any variations or amendments to the Contract shall not be binding on the Company until agreed and signed by both the Company and the Client.

4.3. The Company may at any time make necessary changes to the specified Services without notifying the Client when less than 3 working days notice has been given to the Company from either the supplier or the Client. If more than 3 working days notice has been given to the Company, every effort will be made to notify the Client of any changes made. However, the Company reserves the right to make reasonable changes or substitution that will not affect the material nature or quality of the product in any case.

 

5. Payments

5.1. All invoices rendered by us will clearly show the work being charged for.

5.2. Unless otherwise agreed by the Company in writing, the price for the Services carried out shall be the price as specified in the Quotation Sheet (if written). Any variations or amendments to the Contract shall be written into and repriced on the Quotation Sheet and this will form the new price and Contract as long as signed and agreed by both parties.

5.3. Once the deposit has been received (please see Section 9), payments can be made either in monthly instalments if time allows and if payment is due in full before the work is to be carried out. This can be arranged on a project basis and an agreement specifying payment amounts and dates must be written up and signed by both parties. However payment must be completed in full 3 weeks in advance of provision of services.

5.4. If for any reason the Client should have to cancel the order for Services after a deposit has been paid, the Client is entitled to a 50% refund up until one calendar month before the date the work is due to be carried out. No refund is available after this date.

5.5. The Company reserves the right in respect of any uncompleted part of the Contract, to reasonably adjust its prices to allow for any unforeseen increase in the cost of materials, parts, labour, transport, changes in work or delivery schedules or quantities (also in accordance with Section 16) arising due to socio-economic changes after the date on which the Contract was written. 

5.6. The Company reserves the right to claim interest, at a rate of 5% above the base lending rate at the time, of Natwest Bank, under the Late Payment of Commercial Debts (Interest)

5.7. No payment shall be deemed to have been received until the Company has received cleared funds. The Company can receive payments via cheque (made payable to The Blue Orchid), electronic transfer or by cash.

 

6. Risks and Performance

6.1. Risk inherent in the goods passes to the Client at the point when they are delivered to the Client or any agent of the Client or carrier (whoever pays charges or gives signature on behalf of the Client).

6.2. If an arranged delivery is not carried out due to failure of notification from the Client of other instructions, or provision of documents, licences, consents or authorisations required to enable delivery of the goods, then all risk shall be passed to the Client at that point. Verbal notice shall also be given to the Client for arranging to store the goods until they are collected. In such instances, any costs incurred to the Company for storage or insurance shall be passed to the Client.

6.3. The Company shall not be held liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing or failure to perform, any of the Company’s obligations in relation to the specified Services, if the delay or failure was due to any cause beyond the Company’s reasonable control, including without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes. Please note however that all due insurances are in place acting on the Company’s behalf, should such an instance occur, so that the Client would not incur any unnecessary costs and any monies spent on the disrupted services would be reimbursed at the Company’s discretion.

6.4. The Company reserves the right to sub-contract the performance of the Contract in whole or part to another reputable company.

6.5. This contract would be between the Company and the Client as principals and therefore not be assignable by the Client without the express written consent of the Company.

6.6. The company reserves the right to substitute flowers to the closest possible alternative on the understanding that flowers are a natural and perishable product and therefore hold no absolute guarantees.

 

7. Communications

7.1. Any communications to the Company shall be deemed to have been received:

• If sent by pre-paid 1st Class post, 2 days (excluding Saturdays, Sundays and Public or Bank Holidays) after posting (exclusive of the day of posting). However, no responsibility is held for delayed or lost mail:

• If delivered by hand on the day of delivery;

• If sent by email on a working day prior to 4.00pm, at the time of sending, or otherwise on the next working day.

7.2. The Company cannot be held responsible for communication errors via telephone if cause is due to language barriers – we are English speaking only. In such instance, orders should be written clearly including all Customers details and sent in the post (refer to Section 7) or sent via email, again including all relevant details.

8. Quotations/Proposals as defined on the Quotation Sheet are, unless stated otherwise or unless previously withdrawn from the Company, open for acceptance for a period of 30 days from the date written.

9. Once signed, Quotations are subject to a 20% deposit or acceptance fee on the work due, unless this has been otherwise agreed, in which case this will also be written down on paper and a signature obtained from both parties. Please refer to Section 14 for ‘further payments’.

10. Existence of Contract

11. These Conditions shall be incorporated into the Contract to the total exclusion of any other terms and conditions stipulated or referred to by the Client.

12. Any variations or amendments to the Contract shall not be binding on the Company until agreed and signed by both the Company and the Client.

13. The Company may at any time make necessary changes to the specified Services without notifying the Client when less than 3 working days notice has been given to the Company from either the supplier or the Client. If more than 3 working days notice has been given to the Company, every effort will be made to notify the Client of any changes made. However, the Company reserves the right to make reasonable changes or substitution that will not affect the material nature or quality of the product in any case.

14. Payments

15. All invoices rendered by us will clearly show the work being charged for.

16. Unless otherwise agreed by the Company in writing, the price for the Services carried out shall be the price as specified in the Quotation Sheet (if written). Any variations or amendments to the Contract shall be written into and repriced on the Quotation Sheet and this will form the new price and Contract as long as signed and agreed by both parties.

17. Once the deposit has been received (please see Section 9), payments can be made either in monthly instalments if time allows and if payment is due in full before the work is to be carried out. This can be arranged on a project basis and an agreement specifying payment amounts and dates must be written up and signed by both parties. However payment must be completed in full 3 weeks in advance of provision of services.

18. If for any reason the Client should have to cancel the order for Services after a deposit has been paid, the Client is entitled to a 50% refund up until one calendar month before the date the work is due to be carried out. No refund is available after this date. Deposits are none refundable.

19. The Company reserves the right in respect of any uncompleted part of the Contract, to reasonably adjust its prices to allow for any unforeseen increase in the cost of materials, parts, labour, transport, changes in work or delivery schedules or quantities (also in accordance with Section 16) arising due to socio-economic changes after the date on which the Contract was written.

20. The Company reserves the right to claim interest, at a rate of 5% above the base lending rate at the time, of Natwest Bank, under the Late Payment of Commercial Debts (Interest)

21. No payment shall be deemed to have been received until the Company has received cleared funds. The Company can receive payments via cheque (made payable to The Blue Orchid), electronic transfer or by cash.

22. Risks and Performance

23. Risk inherent in the goods passes to the Client at the point when they are delivered to the Client or any agent of the Client or carrier (whoever pays charges or gives signature on behalf of the Client).

24. If an arranged delivery is not carried out due to failure of notification from the Client of other instructions, or provision of documents, licences, consents or authorisations required to enable delivery of the goods, then all risk shall be passed to the Client at that point. Verbal notice shall also be given to the Client for arranging to store the goods until they are collected. In such instances, any costs incurred to the Company for storage or insurance shall be passed to the Client.

25. The Company shall not be held liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing or failure to perform, any of the Company’s obligations in relation to the specified Services, if the delay or failure was due to any cause beyond the Company’s reasonable control, including without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes. Please note however that all due insurances are in place acting on the Company’s behalf, should such an instance occur, so that the Client would not incur any unnecessary costs and any monies spent on the disrupted services would be reimbursed at the Company’s discretion.

26. The Company reserves the right to sub-contract the performance of the Contract in whole or part to another reputable company.

27. This contract would be between the Company and the Client as principals and therefore not be assignable by the Client without the express written consent of the Company.

27. The company reserves the right to substitute flowers to the closest possible alternative on the understanding that flowers are a natural and perishable product and therefore hold no absolute guarantees.

29. Communications

30. Any communications to the Company shall be deemed to have been received:

• If sent by pre-paid 1st Class post, 2 days (excluding Saturdays, Sundays and Public or Bank Holidays) after posting (exclusive of the day of posting). However, no responsibility is held for delayed or lost mail;

• If delivered by hand on the day of delivery;

• If sent by email on a working day prior to 4.00pm, at the time of sending, or otherwise on the next working day.

31. The Company cannot be held responsible for communication errors via telephone if cause is due to language barriers – we are English speaking only. In such instance, orders should be written clearly including all Customers details and sent in the post (refer to Section 29) or sent via email, again including all relevant details.

32. All orders are taken contemporaneously leaving the customer liable for any errors made in the order.

These Terms and Conditions are final and any questions regarding them should be submitted to the Company in writing.

 

 These Terms and Conditions are final and any questions regarding them should be submitted to the Company in writing.

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blue_orchid_uk Our sister, Earth in Heswall, extended opening hours today :) https://t.co/i3GcCIScPK
blue_orchid_uk **Business as usual** The Heswall shop, Earth is where you'll be able to find me as that's where all the flowery... https://t.co/gf7op29CjF
blue_orchid_uk Door wreath of the day in our sister shop Earth, Heswall 💚😍 https://t.co/J3INFMVylf
blue_orchid_uk ¸¸.•*¨*•♫♪ Fabulously festive wedding open evening event not to be missed taking place at The Wirral Wedding... https://t.co/OreHSYSnJq
blue_orchid_uk ¸¸.•*¨*•♫♪ Fabulously festive wedding open evening event not to be missed taking place at The Wirral Wedding... https://t.co/w1Q8TjB8BK
blue_orchid_uk Lots of gorgeousness in our Heswall shop :) https://t.co/tIPxNQA6op
blue_orchid_uk The scented mint with the peonies in this one was quite delicious. Congratulations to today's gorgeous bride :) https://t.co/0m1MiqClFr

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