Terms and Conditions

The Topiary Tree Florist (‘The Topiary Tree’, ‘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, 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 change or replace any of the terms listed below. 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.

Shop Flowers

1. General Conditions

1.1 The Topiary Tree Florist reserve the right to limit or refuse our services to any person, geographic region or jurisdiction.
1.2 We reserve the right to change or discontinue our products and to refuse or cancel orders when necessary.
1.3 We reserve the right to change our prices at any time.
1.4 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.
1.5 No products should be consumed by animals or humans; many floral and berried products are toxic if ingested.

2. Quotes

2.1 Quotes will only be valid for fourteen days.

3. Payment Terms

3.1 Orders for a product or service will not be accepted without payment at the time of booking.
3.2 Upon purchase of a product from our physical shop or over the phone, payment must be made in full at the time of ordering.
3.3 We accept payment in GBP (£) by BACS and all major credit and debit cards. We regret that we do not accept payment in instalments.
3.4 All payments are processed securely and your information used solely to process the order. Payment terms are according to the invoice. 3.5 The flowers shall remain the property of The Topiary Tree Florist, until payment has been received.

4. Delivery

4.1 Prices for delivery service will be reviewed monthly. This may result in a price rise to take into consideration factors outside of our control, such as inflation rates and delivery costs.
4.2 Order is deemed as received once the delivery arrives at the agreed location.
4.3 When completing any purchase 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.
4.4 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.
4.5 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 shop and we will arrange either redelivery or collection.
4.6 All of our floral arrangements are made to order and we hand deliver our flowers within Staffordshire. We regret that we cannot guarantee or specify a delivery time slot.

5. Returns, Refunds and Cancellations

5.1 The client has the right to examine the flowers on arrival and must provide verbal notification of any dissatisfaction in regard to condition, quality, defects or grade of the product. The Topiary Tree Florist have the option to replace or refund the invoice price of such undelivered or defective items. 
5.2 Once the flowers have been delivered and accepted, no return or refund will be accepted.
5.3 In the event that the recipient is not satisfied with The Topiary Tree Florist product or service, any complaints should be addressed within 24 hours of the delivery date with photographic evidence of any issues.
5.4 We regret that, due to the perishable nature of our products, any complaints received outside of this 24-hour period cannot be dealt with.
5.5 Replacement flowers may be offered at our discretion.
5.6 As our products are made to order, we reserve the right to refuse refunds for cancelled orders. Extenuating circumstances may be considered but are not a guarantee of a refund.
5.7 We take great pride in the integrity and quality of our work at The Topiary Tree Florist, and would like for you to enjoy our beautiful blooms as much as we do! Proper care is required. It is the responsibility of the recipient to follow any care Instructions provided. Should you have any questions regarding the care of your blooms, please contact us at the shop during our business hours; we would be more than happy to assist you.

6. Photographs

6.1 Arrangements collected or delivered may be photographed for use on The Topiary Tree Florist promotion material, unless specifically stated otherwise by the client.

Wedding and Events

These terms and conditions (the “Terms and Conditions”) are the terms and conditions upon which The Topiary Tree Florist (“we/us”) makes available to you, any of our services. By paying the booking fee to secure your wedding flowers with The Topiary Tree Florist you agree to the following terms and conditions.

7. Products and Services

7.1 All The Topiary Tree Florist products are subject to availability.
7.2 In the event of any supply difficulties, we reserve the right to substitute a previously agreed ingredient or component within a design of equivalent value and quality without notice. This includes specific flowers/ plants and sundries that may not be available. We would stress that flowers and plant material are natural products and colours may differ/ be unavailable to those agreed but we will always make every effort to source products accordingly.
7.3 All in person consultations will be made by appointment only.
7.4 Once your wedding date is booked The Topiary Tree Florist is available for contact by phone and email at any stage to answer any questions and queries you may have.
7.5 Additional consultations in person may be chargeable to cover time and travel.
7.6 Use of magnets. You may be asked if you would prefer magnets instead of pins to attach corsages onto clothes. Please ensure that guests wearing these do not have a pacemaker fitted. A magnet may stop the pacemaker from working properly. Wildflower & Rose accept no responsibility for any resulting health issue which may arise from magnets and pacemakers or ICDs.

8. Prices and Payment

8.1 Prices in the costings email should be taken as a guide. Should the ingredients or components for the intended final design of the product or service rise significantly we shall notify you as soon as reasonably possible.
8.2 A quotation for the cost of your wedding flowers will be sent to you after the initial consultation, this is a guide price as you may make changes closer to the wedding date in terms of type of arrangement and quantity. Prices may alter due to supply chain and increases in flower cost out of our control.
8.3 You will receive a final invoice approximately one month before your wedding. Payment is accepted by card, cash or direct payment via internet banking.
8.4 Any changes will be brought together at a meeting, via email or on the phone approximately two months ahead of the wedding, when all additional ideas and revisions can be addressed.
8.5 Payment in full is required at least 4 weeks before the wedding. It is the client’s responsibility to ensure that the invoice details are correct.
8.6 The Topiary Tree Florist reserves the right to cancel any wedding flowers, if payment is not made by this date. We are not obliged to offer any compensation for inconvenience caused.
8.7 Once flowers have been confirmed, any subsequent changes made to a wedding order must be submitted in writing by the bride, groom or appointed acting party. The Topiary Tree Florist will order your wedding flowers approximately ten to fourteen days before your wedding date, dependent on type of flowers chosen. You will not be allowed to make any significant changes after the order has been placed without additional fees. We will, however try to make small changes where possible to accommodate your needs.
8.8 No wedding or event is booked until the booking fee has been paid.  All costs provided are exclusive of VAT. Once the booking fee has been paid then the date is secure unless stated otherwise.
8.9 The booking fee is non-refundable, even if the date is changed, the wedding cancelled for any reason, or the client decides to engage an alternative supplier.
8.10 Payment of booking fee is an acknowledgement of Terms and Conditions.

9. Cancellations

9.1 In the event of cancellation, the booking fee will be retained regardless of the circumstances of the cancellation.
9.2 Complete cancellation of the wedding must be advised in writing.
9.3 We must receive full payment 4 weeks before the event date. If you cancel your event within this time, after we have received payment from you, we will be unable to offer a refund, and will retain the full amount. Please see below for following timescales and refund amounts:

6 months or more before event date: Booking fee retained, no further payment required

3-5 months before the event date: Booking fee retained, and 50% of final amount payable

4 weeks – 3 months before the event date: Booking fee retained, and 75% of final amount payable

4 weeks up to event date: Booking fee retained, and full amount payable.

10. Postponements and changes to orders

In order to ensure the smooth delivery of our products and services, The Topiary Tree Florist requires notice of postponements or changes in orders for weddings and events within 30 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:
10.1 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 the Booking fee will remain non-refundable to cover inital administrations. If we are able to accommodate the new date, we reserve the right to amend prices accordingly.
10.2 As our products are made to order, we reserve the right to refuse refunds for bookings and orders postponed within 30 days of said event. Extenuating circumstances may be considered but are not a guarantee of a refund.
10.3 Events or orders postponed before the 30-day deadline will not be subject to charge and booking fees will be carried across to the new date.

Changes:
10.4 While we will do everything we can to accommodate changes to existing orders, we reserve the right to amend prices accordingly.
10.5 Should the changes entail a reduction in order numbers, we regret that no refund for the difference will be made after 30 days prior to expected delivery.

11. Availability of Flowers

11.1 The Topiary Tree prides itself on stunning floristry and makes every effort to provide the exact varieties discussed. Sometimes, however, due to circumstances beyond our control – such as extreme weather or supply issues – it may be necessary to substitute.
11.2 Should the client have any issues with the quality or standard of the flowers/displays, the client must notify the florist on the day of receipt.
11.3 The Topiary Tree Florist reserves the right to rectify any errors on the day without prejudice. 11.4 Any complaints regarding the quality, shape, size, quantity etc. cannot be accepted after the day of the event.

12. Delivery and Set Up

12.1 Any queries must be raised within 24 hours of delivery by telephoning 01782 658 153 or emailing thetopiarytreeflorist@googlemail.com
12.2 We will deliver, set up and pick up as quoted to the required destination/s.
12.3 Delivery times will need to be confirmed with the venue the week of the wedding/function.
12.4 We will require access & appropriate working conditions in order to fulfil our order with you.
12.5 You will need to inform the venue of what you have employed us to do and also the time we require to set up on the day.
12.6 Should we be denied access, be delayed by the venue or any other supplier on the day, be presented with unsafe or hazardous working conditions, we will complete everything to the best of our ability, however, in extreme circumstances, if we cannot complete the job, due to no fault of our own, we will leave the products at the venue, if the venue or delayed supplier is willing to complete the setup, or we will return the products to our premises and  advise you to arrange for the goods to be picked up.
12.7 Should other last minute decisions be made due to any unpredicted circumstance, we will advise the venue manager & you.

13. Event Set Up

13.1 The Topiary Tree Florist will personally deliver and set up your flowers unless otherwise agreed.
13.2 For large events trusted assistants are brought in to ensure smooth and timely set up.
13.3 The Topiary Tree Florist accept no responsibility for any damage caused by flames or lit candles at an event once we have left the wedding set up. Whilst The Topiary Tree Florist can provide candles and candle vessels, it is usually the caterer and/ or venue staff that light them and we will not therefore be held accountable for any damage caused by them.
13.4 The Topiary Tree Florist accepts no responsibility for failure to collect, wear or use any arrangements for specific use by the bridal party, i.e. buttonholes or bouquets, once they have been left by our team at the relevant- and pre-agreed- venue.  Any oversight to correctly collect and, for example, pin on buttonholes on behalf of the wedding party as a whole, or by an individual, remains the responsibility of said wedding party and/ or individual.
13.5 The Topiary Tree Florist requires that we are the sole provider of floral arrangements and/ or fresh flowers and foliage décor. If you wish to add your own arrangements, please notify us. Please note, other than church flower teams, we will not work or partner with any other provider of floral décor for your event. This is non-negotiable.

14. Hire/use of vases, crates etc

14.1 Containers must be returned to The Topiary Tree Florist within 3 days, – or as agreed.
14.2 Charges will be made for any glassware returned cracked, chipped or broken. Replacement of goods is charged at the current purchase price, it is then the responsibility of the hirer to reclaim any of these costs from the venue if the venue was at fault.
14.3 Equipment hired (Jugs, Bottles, Vases, Log Slices, Crates, Votive’s, Jam Jars  etc) remain the property of The Topiary Tree Florist at all times.
14.4 The Topiary Tree reserves the right, without penalty or cancellation by the client, to alter the style and shape of vases, pots, sundry items and display articles should any required items become unavailable prior to the wedding date.
14.5 Availability of items and duration of hire is at our discretion.
14.6 The Topiary Tree Florist does not accept responsibility for client property; items left with us are done so at the owner’s risk.

15. Photographs

15.1 The Topiary Tree Florist reserves the right to take photographs of flowers and the setting prior to the wedding which may be used for promotional purposes.

16. Responsibility

16.1 The Topiary Tree Florist accepts no liability for injury, loss or damage to the hirer or any third party of any equipment hired for use at the event.

17. Disclaimer- Liability and Force Majeure Events

17.1 Whilst we agree to use our reasonable endeavours to ensure that The Topiary Tree Florist Service is fully operational and error-free we cannot guarantee this.
17.2 We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations that is caused by events outside our reasonable control.
17.3 Events outside our reasonable control include 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.
g. Unusual weather conditions

17.4 Our performance under any Contract is deemed to be suspended for the period that the event which is outside of our control continues, and we will have an extension of time for performance for the duration of that period.
17.5 In cases of adverse weather we will remain in contact with the recipient/client in the lead up to the delivery date/event.
17.6 We have contingency plans for such occasions of sudden ill health. If Stephanie Edge, Rose Edge or Amanda Pepper of The Topiary Tree Florist is unable to personally complete or deliver, then this will be completed by a member of our experienced freelance team or outsourced accordingly.
17.7 Ultimately, we can accept no responsibility for events outside our reasonable control.

18. Intellectual Property

18.1 The Topiary Tree Florist retain legal ownership of all products and services produced and provided by us.
18.2 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.
18.3 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.
18.4 Should you wish to share our work on social media or other platforms, we must be credited.
18.5 You must not remove or modify any copyright, trademark or other notice of ownership.
18.6 You must not use our products for any illegal or unauthorised purpose.
18.7 The Topiary Tree Florist 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

19. Our website and social media channels

The Topiary Tree Florist operate (‘our website’, ‘our site’). The information, tools and services offered on our website are subject to our terms, conditions and policies.
19.1 By visiting our site and engaging in our service you agree to these terms, conditions and policies.
19.2 We reserve the right to change or discontinue without notice any aspect or feature of our website.
19.3 No content shall be construed as advice and all content is offered for informational purposes only (not for trading purposes).
19.4 You rely on the information contained on our website at your own risk.
19.5 We make no warranty or representation that the information contained on our website is appropriate for use in any jurisdiction other than England.

20. Third-party content

20.1 Our site may feature links to other internet sites or resources.
20.2 You agree that The Topiary Tree Florist 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.
20.3 When visiting external links, you must refer to the terms and conditions of the external website.
20.4 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.

21. Accuracy and timeliness of information

21.1 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.

22. General Data Protection and our Privacy Policy

22.1 You consent to the collection, processing and storage by The Topiary Tree Florist of your personal information in accordance with the terms of our Privacy Policy.
22.2 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.

23. Law and Jurisdiction

23.1 Our terms and conditions are governed by English law and jurisdiction.

24. General

24.1 We reserve the right to supplement and amend the Terms and Conditions of The Topiary Tree Florist product or service from time to time.
24.2 We reserve the right to refuse service
24.3 Additionally, we reserve the right to suspend, restrict or terminate The Topiary Tree Florist products or services for any reason at any time.

Copyright©
It is a condition of use of this site that all copy and material shown here remains the property of The Topiary Tree Florist and may not be reproduced, quoted or disseminated without prior written approval of the owners