Terms of Service.
Services
Gubbins agrees to provide decoration services as detailed in the Order Form provided post consultation.
Payment
Deposit due is 30% of the initial total booking cost, this is non-refundable.
The deposit secures your event date. There is a 14 day ‘cooling off’ period to change your mind.
Balance is due 6 weeks prior to your event date, changes can be made to your Order Form up to the balance due date.
Payment is due via BACS transfer. If you need to make payment via Credit or Debit Card, this will incur a 2.5% transaction fee. Gubbins will send a link via Zettle for card payments, which may show up on your accounts as either Big Spoon or Beachtown Blooms.
Cancellation
The deposit is non-refundable. If the client cancels the event or no longer requires Gubbins services within the 6 weeks prior to the event, then 100% of the balance is still due and cannot be refunded. If the client cancels the event or no longer requires Gubbins services between the deposit and the final balance due date, the balance is not due, but the deposit will not be refunded.
Changes & Substitutions
Any changes to cake flavours, design, flower colour, flower choice, or prop requirements, must be made before the final balance is due, 6 weeks prior to the event.
In the case of unavailability of a specific flower at the flower market or due to import issues, Gubbins reserves the right to substitute with a flower of equal or greater value.
Delivery & Set Up
The client is responsible for providing clear instructions regarding venue rules and set up times. Delivery fees may apply, calculated per mile between Gubbins HQ and the event venue.
Prop Hire
Gubbins takes an ‘Accidents Happen’ deposit, which is refundable 10 working days after your event, once prop hire items have been collected/returned and checked over for damage. This is at our discretion.
Liability
Gubbins is not responsible for any injuries or damages resulting from floral arrangements, cake, prop hire or set up. Please ensure there is a stable location for the cake to be set up - Gubbins cannot accept responsibility for a knocked over cake. Gubbins advise to never set up a cake outdoors due to animal contamination and possible heat damage.
Contingency Plan
In the unfortunate event that Gubbins may be unable to fulfil its obligations due to sickness, Gubbins will call upon a set of trusted freelance workers. Gubbins will be responsible for this additional cost. If freelance work cannot be sourced, Gubbins will be responsible for returning the ‘balance’ paid to the client for the work not undertaken.
Force Majeure
An event of force majeure is an event or circumstance which is beyond the control and without the fault or negligence of the party affected and which by the exercise of reasonable diligence the party affected was unable to prevent, these events include: (a) strikes, lock-outs or other industrial disputes at a national level or by labour not employed by the affected party, its subcontractors or its suppliers and which affect an essential portion of the works; (b) riot, war, hostilities, acts of terrorism, civil war, rebellion, requisition or compulsory acquisition by any governmental or competent authority; (c) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds; (d) acts of God, earthquakes, flood, storm, hurricane, fire, sinkholes or other physical natural disaster; (e) pandemics, epidemics and quarantine; (f) compliance with any law or governmental order, rule, regulation or direction; (g) failure of a utility service, or interruptions or problems occurring from government gas, fuel or pressure pipelines ; (h) failure of a construction company in the surrounding area; (i) theft, burglary or malicious acts of third parties; and (j) any other events including emergencies and non-emergencies.
Where there is an event of force majeure, the party prevented from or delayed in performing its obligations under this contract must immediately notify the other party giving full particulars of the event of force majeure and the reasons for the event of force majeure preventing that party from, or delaying that party in performing its obligations under this contract and that party must use its reasonable efforts to mitigate the effect of the event of force majeure upon its or their performance of the contract and to fulfil its or their obligations under the contract.
In the event of cancellation or suspension pursuant to Force Majeure the parties agree to use all reasonable endeavours to agree on a suitable and mutually agreeable revised date. In the event that a suitable replacement date cannot be found and the contract is therefore terminated, both parties agree that they shall not be liable to the other for any loss which they may sustain in any such cancellation or suspension. Both parties shall, in the event of cancellation, be under no liability to the other in respect of any future obligations under the contract and in the event of suspension shall be relieved of such obligations under the contract for the period of such suspension (but without prejudice to any rights of either party against the other in respect of any claim accrued under the contract from the date of commencement of such cancellation or suspension.)
In the event of cancellation pursuant to this clause Gubbins shall repay to the client the ‘balance’ monies paid to Gubbins with a deduction being made in respect of our reasonable costs incurred up to and including the termination date. Deposits are non-refundable.