Please read these terms and conditions carefully before ordering any Products. 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 Petal to the Metal.
1.1 Petal to the Metal is a company operated by Paul Furness. We are registered in England and Wales under company number 9162348 and with our registered office c/o Wilkinson & Partners, The Old Schoolhouse, 75a Jacobs Wells Road, Bristol, BS8 1SJ and main trading address at Unit 11, 19 Bernard Road, London N15 4NE.
1.2 We are a limited company.
1.3 We are VAT registered - 198 0399 60
By placing an order you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.
3.1 After placing an order, the 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 (Confirmation) that confirms that the Product has been agreed. The contract between us (Contract) will only be formed when we send you Confirmation.
3.2 The Contract will relate only to those Products agreed between us. 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 Contract.
3.3 Our core contracts cover Weddings, Events, Corporate events and flower supply.
4.1 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.
4.2 This provision does not affect your statutory rights.
4.3 Cancellations for Weddings or Events require 28 days notice.
4.4 Cancellations for Corporate weekly deliveries require 1 calendar month’s notice.
5.1 Your order will be fulfilled by the delivery date set out in the Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Confirmation, unless there are exceptional circumstances
5.2 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.
5.3 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.
6.1 The Products will be at your risk from the time of delivery.
6.2 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.
7.1 The price of any Products will be as quoted via telephone or email correspondence and Confirmation.
7.2 These prices exclude VAT and possible delivery costs, which will be added to the total amount due.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
7.4 It is always possible that, despite our best efforts, some of the Products agreed may be incorrectly priced. We will normally verify prices as part of our Confirmation 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 during the Quote, 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.
7.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
7.6 Payment for all Products must be bank transfer which will be issued upon confirmation. We reserve the right to immediately suspend or terminate the Contract if payment is not received in accordance with this clause 9.
7.7 We provide 30 days terms for all payments excluding Weddings and events.
7.8 Wedding and Event contracts must be paid in full 7 days in advance of the date of delivery.
8.1 We warrant to you that any Product purchased from us is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
8.2 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.
8.3 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.
8.4 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) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;provided that this clause 9.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 9.1, 9.2 or clause 9.3 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 9.5
9.1 We are the owner or the licensee of all intellectual property rights in our website, 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.
9.2 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.
9.3 Subject to this clause you are permitted to use the information displayed in our site for the sole purpose of 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.
9.4 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 10.
10.1 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.
10.2 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.
12.1 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.
12.2 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.
12.3 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.
13.1 Applicable laws require that some of the information or communications we send to you should be in writing. You accept that communication with us will be mainly electronic. We will contact you by e-mail. 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.
14.1 All notices given by you to us must be given to Paul Furness of Petal to the Metal company registered in England and Wales who’s registered office is at 10 Montague Road, London, N8 9PJ. 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 14 above. Notice will be deemed received and properly served, 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.
15.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 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.
15.3 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.
16.2 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.
16.3 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.
17.1 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.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default
17.3 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 15.
18.1 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.
19.1 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.
19.2 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.
19.3 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.
20.1 We have the right to revise and amend these terms and conditions from time to time.
20.2 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).
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.