Terms & Conditions

1. Application

  1. These terms and conditions will apply to the provision of services to you by myself, Deborah Simpson Boston, trading as Periwinkle Barn, of Periwinkle Barn, Low Raisby Farm, Kelloe, Durham.
  2. Periwinkle Barn, Low Raisby Farm, Kelloe, Durham DH6 4PW

2. Definitions

  1. ‘Fee’ means the fee which you agree to pay for the supply of the Services, by us, on these terms and conditions
  2. ‘me’, ‘my’, ‘us’, ‘we’ or ‘our’ is a reference to Periwinkle Barn (us defined above)
  3. ‘you’ or ‘your’ is reference to you, the Customer, to whom we are supplying goods and/or Services and who is required to pay for the goods and/or services which we supply to you.
  4. ‘Parties’ is a reference to both us and you
  5. ‘Premises’ means the place where we will provide the Services
  6. ‘Services’ means the goods and/or services, including advice or assistance, opinions and recommendations, which you wish to obtain from me, the installation or provision of flowers or other items and/or goods and/or services which I will provide to you in connection with your Order. The precise Services which we will be providing to you will be stated in your quote with such additions or amendments we and you may agree from time to time.

3. Contact details

  1. Our contact details are Mobile: 07980 570 103 Deborah; Whats App; Deborah 07980570103 email: mail@periwinklebarn.com 
  2. All quotes given by, and contracts made with, Periwinkle Barn, are subject to these terms and conditions. By accepting a quote and confirming an Order with us, you agree to be bound by these terms and conditions

4. Entering into a legally binding contract

  1. A contract between you and us will come into being when we notify you that we have received and accepted your deposit of 30% of the agreed quotation.

5. Making an order

  1. Our quote will only cover the Services mentioned in it.  If you wish to add to your Order, please contact us again to discuss and any additional Services will only be accepted when we confirm. 

6. Quotes

  1. Quotes are valid for 30 days.
  2. A quote for the cost of your flowers and any other items will be sent to you after your initial enquiry. This is a guide price as you may make changes closer to the date the flowers or other items are required, in terms of the type of arrangement and quantity, however we do not accept a reduction in cost at this stage
  3. As we provide a quote, we may need to charge you a higher amount than stated in the initial estimate in the following circumstances: – what you require us to do changes or the amount of work or Services you require us to provide increases or is different to what we and you agreed before we started performing the Services and as stated in the quote.

7. Timing

  1. We aim to carry out the Services by the dates and times we either agree with you or notify to you.  If we do not start or complete performing the Services within a reasonable period from the dates we have agreed or notified, then you may choose to either continue to wait until we can start performing the services or complete performing them or you can cancel the contract.
  2. Where we have started performing the Services and you decide you wish to cancel the contract, you will have to pay for any Services we have performed up to the date of cancellation and for any flowers or other materials or items which we have a legal obligation to pay for.
  3. What is a reasonable period of time depends on the types of Services we will be performing and the length of time they will take to perform. For example, if you require a complex flower arrangement for an early afternoon event and we fail to start performing the services before the afternoon then you may have the right to cancel.

8. Situations or events outside our reasonable control

  1. In addition, there are certain situations or events which may occur that are not within our reasonable control. Some examples are given below.  Where one of these occurs, we will normally attempt to recommence performing the Services as soon as the situation which has stopped us performing the Services has been resolved.  In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.
  2. The follow are examples of events or situations which are not within our reasonable control:
    • where you make a change in the Services you wish us to perform (and this results in, for example, us having to do further work or wait for new or different flowers or other materials);
    • where we have to wait for other providers of services (who have been engaged by you) to complete their work before we are able to perform the Services (or the relevant part of the Services dependent on the other provider if ordered at short notice);
    • where we are unable to gain access to the Premises to carry out the Services at the times and dates we have agreed with you;
    • where the areas in the Premises have not be readied by you as we and you have agreed in order for us to perform the Services;
    • for other some unforeseen or unavoidable event or situation which is beyond our control.
  3. If the delay in us recommencing performing the Services will be excessive then we will offer you the option of either:
    • continuing to wait until we are able to recommence performing the Services, if you are required to make any payments during this period (for example if we and you have agreed that you will pay us in staged amounts) then we will not require you to make any of the payments required until we are able to recommence performing the Services; or
    • allowing you to cancel the contract. If you choose this option then you will only have to pay for any Services we have performed up to the date of cancellation and for any items or materials for which we have a legal obligation to pay. 
  4. In the unlikely event whether either us, or our dependents find themselves in hospital when we are supposed to be carrying out the services to you, or in other cases where situations or events outside our reasonable control occur, it can become necessary to book a replacement florist to perform the Services. We will make every effort in making sure that a replacement florist will be able to perform the Services to the client’s satisfaction, within the style and price range requested by the client. Should such a scenario occur and a replacement florist was unable to be found, our liability will be limited to the payments made by you for the Services. 

9. Deposit And Other Payments

  • A 30% non-refundable payment is required to secure your Order and book the date.
  • Payment of fee outlined in 9.1 is taken as acceptance of these terms and conditions.
  • The payment made in 9.1 will be subtracted from the agreed Fee and this subtraction will be acknowledged on your final invoice. 
  • Once the deposit has been paid then the prices and dates are secure except as otherwise provided for in these terms and conditions.
  • You will receive a final invoice approximately six (6) weeks before the date when we are to provide the Services and payment of that invoice is required within seven (7) days. 
  • Payment is accepted by direct payment via internet banking (sort code 04 00 03, account number 74462997, account name Jonathan Boston trading as Periwinkle Barn). For other payment methods, please contact us.
  • Unless stated otherwise, all amounts stated (whether orally or in writing) are inclusive of VAT.

10. Availability of Flowers

  1. All flowers are subject to availability and stringent quality checks. Whilst we try our best to source and grow your chosen flowers, sometimes supplier problems or quality control can affect this. Periwinkle Barn will however aim to warn you of this as soon as the issue becomes known, in order to discuss the best way forward.  However, at times Periwinkle Barn may have to substitute for the same value and quality without notice. 
  2. Periwinkle Barn can never produce completely identical flowers or designs to photographs or illustrations which you may have seen on the mood board, those are used as a general illustration only. We will choose what we consider to be the most appropriate mix of fresh flowers, which are available grown by Periwinkle Barn and with our local suppliers, to work with and will try to replicate the style and type of flowers chosen as closely as possible.

11. Delivery & Set Up

  1. Upon delivery of items, you will be required to check your flowers and any other goods ordered.  Any queries must be raised within 30 minutes of delivery by telephoning 07980 570103.
  2. Periwinkle Barn cannot be held responsible for any damage caused to flower arrangements after they have been delivered and checked.

12. Hire/ Use Of Vases, Urns, Crates, etc.

  1. Charges will be made for any glassware returned cracked, chipped or broken. Replacement of goods is charged at the current purchase price.
  2. Equipment hired (crates, bottles, vases, plinths, Urns, etc.) remain the property of Periwinkle Barn at all times.

13. Photographs

  1. Periwinkle Barn reserves the right to take photographs of flowers and the setting in which we have arranged them prior to the commencement of the event for which they were ordered.  You acknowledge and agree that we own the copyright to such photographs and may freely use them for marketing, illustrative and promotional purposes. We will, of course, take reasonable steps to protect your personal identity when using such photographs.

14. Late payment 

  1. If you fail to make payment by the date or time which we and you have agreed you should do, we may:
    • if the amounts not paid represent more than ten (10) % of the total value of the Services we are to perform for you, and there remain some Services which we have not yet performed, then we may suspend performing the remaining Services until you make payment.

15. Exclusion and limitation of liability

  1. We do not exclude or limit liability for our negligence or negligent omission which causes personal injury or results in death but otherwise, to the fullest extent allowed by law, Periwinkle Barn excludes all other liability and accepts no liability for injury, loss or damage to you, or any third party, in respect of the provision of the Services or of any equipment hired from us for use at an event, including (without prejudice to the generality of the foregoing) we exclude all indirect and consequential loss, loss of profits,  loss of sales or business, loss of anticipated savings,  loss of or damage to goodwill, loss of or damage to reputation.
  2. Our flowers are not edible and may also contain or be treated with allergens. It is your responsibility to take appropriate precautions to protect against possible allergic reactions and, where our flowers are displayed in conjunction with consumable items such as cake or drinks, to prevent the flowers being eaten.
  3. To the extent that we may legally do so we limit our liability under the contract to the amount of the Fees. 
  4. You must observe and comply with all applicable regulations and legislation, including these terms and conditions and the policies set out on our web site.
  5. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable law which are rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
  6. If you choose to include candles or other naked flames in your displays, these will be your responsibility and Periwinkle Barn will not bear any liability for any damage or injury resulting from the use of real candles.

16. Cancellations

  1. Once we and you enter into a binding contract you will not normally be able to cancel the contract, except in accordance with your statutory rights, or as we agree, or as otherwise provided for in these terms and conditions.
  2. Once your Order has been accepted by us, if, for any reason, you wish to change or cancel your Order you can do so up to 14 calendar days afterwards, unless you have instructed us to provide the goods or services within that time in which case you have lost your right to cancel.  Outside of this time period it is at our sole discretion if we allow you to cancel.
  3. If you wish to cancel please notify us as soon as possible by calling 07980 570103 or email mail@periwinklebarn.com  On cancellation you will be responsible for the cost of :
    • any of our time in performing the Services up to the date we stop providing the Services;
    • any flowers, goods or other materials we are contractually committed to buying up to the date of termination (whether or not we need to pay for them before or after the date the contract between us and you is cancelled). 
  4. If we agree to allow you to cancel outside of the 14 day period mentioned in clause 15.2 any deposit already paid by you will not be refundable, unless under extenuating circumstances as agreed by Periwinkle Barn
  5. If you:
    • purport to cancel the contract; or
    • give notice purporting to cancel; or
    • otherwise do not fulfil your obligations (such as by not paying any sums due to be paid to us) in a way which amounts to you cancelling the contract,

we do not have to accept your cancellation except as provided in for in these terms and conditions. However, we may choose to accept cancellation, and if we choose to do so you will be required to pay to us a reasonable amount for the losses and costs (including loss of profit) we have suffered.

17. Amendments to the contract terms and conditions

We will have the right to amend the terms and conditions of this contract where:

  1. we need to do so in order to comply with changes in the law or for regulatory reasons; or
  2. we are changing the rates we charge for the provision of Services as provided for in clause 5; or
  3. we need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long as such correction is minor and does not materially affect the contract.
  4. Where we are making any amendment, we will give you ten (10) days’ prior notice (unless the contract is terminated before that period).

18. Contracts (Rights of Third Parties) Act 1999

For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

19. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

20. Law and jurisdiction

This contract shall be governed and construed by the law of England and you, and we agree to submit to the jurisdiction of the courts of England and Wales.

21. How to contact us

Email: mail@periwinklebarn.com

WhatsApp; 07980 570103

Mobile: 07980 570103