Terms & Conditions

General

We reserve the right to supplement and amend the Terms & Conditions on which you are permitted to access online as required Should any changes to Terms & Conditions be made we will post these online. It is your responsibility as the customer to view the Terms & Conditions each time you place an order and all amendments will be effective 5 (five) hours after posting to our website. We shall ensure that we comply with the requirement of all current data protection legislation including, without limitation, the Data Protection Act 1998 (as replaced, modified or re-enacted from time to time). We shall only use personal data received from you for the purpose of fulfilling our obligations under the Terms & Conditions unless otherwise agreed between us (Tomnah’a Market Garden) and You (the client).

Payments

Payments are processed using stripe. All cards are subject to validation checks and authorisation by the card issuer. We cannot be liable for delays or non-delivery if, for any reason, your card issuer refuses to authorise payment. Ownership of any of our products will only pass to you when we receive full payment of all sums due.

Contract Creation and Electronic Contracting

The technical steps required to create the contract between you and us are as follows:

  • You place the order for your products on the Website by pressing the payment button on the Payment page of the checkout process. Your credit or debit card will be charged at this point.

  • If you have provided a valid email address, we will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Tomnah'a Market Garden.

  • Order acceptance and the completion of the contract between you and us will take place upon the dispatch to you of the products ordered unless we have notified you that we do not accept your order, or you have cancelled it.

Non-acceptance of an order may be a result of one of the following:

  • The product you ordered being unavailable from stock.

  • Our inability to obtain authorisation for your payment.

  • The identification of a pricing or product description error.

  • You not meeting the eligibility to order criteria set out in the main Terms & Conditions.

The contract will be concluded in English.

Refunds

Please contact us by email or telephone, within 24 hours of receipt, if any materials or goods ordered via this website arrive damaged, or if you believe that your purchase does not conform to the expectations reasonably presented by this website. If any delivered items prove unsatisfactory, you will have the option of a full refund or a replacement (delivery to the same address). Please note that any floral products using fresh plant materials, if properly cared for on receipt, should last for approximately five days.

Cancellations and Refunds

  • When you place an order for flowers or other products, if you realise you have made a mistake, or if you change your mind, we are able to amend or cancel your order up to 12 noon on the day before the scheduled delivery date you requested.

  • A refund/replacement can be made if the customer establishes that the quality of product delivered is not as advertised.

  • In case of receipt of damaged flowers or other products, please contact us for a refund/replacement. The matter should be reported within 24 hours of receipt.

  • In case you feel that the product received is not as shown on the site or as per your expectations, you must bring it to our notice within 24 hours of receiving the product.

Description of Products

Each item purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system.

Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

Public Events

Pick-Your-Own (PYO)

Sessions for PYO can be purchased through our web shop.
You will need to book onto an available session.
Sessions will be posted on a calendar on the website events page.
If you have received a PYO voucher, you will need to get in touch via email to get the code to book onto a session.
In the event of cancellation we will contact you as soon as possible and arrange a replacement session. We have a no-refund policy on pick your own. This includes for reasons including illness, personal or professional circumstances. In the event you can no longer attend, please contact us at the soonest opportunity. We are happy for you to arrange for someone else to come in your place or, if circumstances allow, we can offer participants the opportunity to transfer to an alternative workshop.

Workshops/events

We have a no-refund policy on workshops. This includes for reasons including illness, personal or professional circumstances. In the event you can no longer attend, please contact us at the soonest opportunity.
We are happy for you to arrange for someone else to come in your place or, if circumstances allow, we can offer participants the opportunity to transfer to an alternative workshop.
We reserve the right to amend or cancel workshops due to unforeseen circumstances, and will endeavor to provide participants with as much notice as possible should this occur.
We are not liable for any losses that could arise as a result of a workshop being cancelled.
In the unlikely event of a workshop being cancelled, participants will always be offered a full refund or the transferal of their place to an alternative date.

Weddings

Products

We are seasonal growers and work with the flowers we have access to at the time of your wedding. Our British Grown Flowers are subject to the vagaries of the Scottish weather at Tomnah’a. When placing an order, you accept that we will do everything in our power to get your choice of flowers, or we will offer a suitable alternative if possible, but that we do have a finite resource. 

If there is a shortage of flowers due to a late winter, early frost or extreme weather, we will endeavour to source flowers from other Scottish Growers and failing this will source flowers from a British Wholesaler that only sources British flowers. In the event that we cannot fulfill an order at all, we shall notify you as soon as is reasonably possible and shall reimburse your payment in full and in any event no later than 30 days after the intended delivery date. 

Edible Flowers

Some plants or flowers may be harmful or poisonous to humans or animals and should be used for decorative purposes only- not for putting on cakes or other food items. We can provide specific edible flowers for cake decorating. Flowers from DIY buckets should not be put on cakes or with food unless they are sold as 'edible flowers'.

Prices

We have a price guide, which gives an approximate cost for individual items, which is updated regularly. We will provide a specific quote based on this price guide for your wedding. Quoted prices are valid for 14 days. If your booking fee and/or deposit are not paid within this period, your order may be subject to price variations. The price guide is based on weddings at Comrie Croft. Weddings at other venues will be subject to extra charges for delivery, pack up and installation. 

Our listed prices are inclusive of VAT. 

Orders and Payments

A non-refundable booking fee is required to confirm your order. This is worked out at 20% of the total cost, including delivery. This deposit is a non-refundable payment. The remaining balance is to be paid no less than 14 days before the event. 

Refunds of deposits (for hired items) will be made by BACS to the source account within 7 days of return of items. Each item has a hire cost. The deposit is separate to the hire cost. All hired items are to be returned within an agreed time of the hire day. Items not returned in this period will be deemed to be lost and 100% of the replacement cost will be charged. This will be deducted from the deposit. If the replacement cost is more than the deposit an invoice for the balance will be issued and payment of this invoice made by you within 7 days.

Items lost or stolen due to (a) venue or other 3rd party are the responsibility of the hirer and we will charge the hirer accordingly. Pursuing the venue or other 3rd party is the responsibility of the hirer. Tomnah’a Market Garden accepts no responsibility for any damage or injury caused by any item hired. Goods are hired wholly under the hirer’s own responsibility. A separate charge will be made for delivery and/or collection of hired items. We have a schedule of delivery charges calculated by distance. 

Delivery

We charge for delivery, on a scale of distance and time. A delivery schedule is available on our price guide. 

Cancellations

Any goods hired/costs incurred in respect of your wedding will be subject to hire fees if Tomnah’a Market Garden has incurred costs on your behalf regardless of when your wedding is cancelled. This includes props purchased/hired specifically for your event where Tomnah’a Market Garden cannot recoup costs. All booking fees are non returnable. By submitting your booking fee/payment you are agreeing to these Terms & Conditions. Postponing your date will also be deemed as a cancellation unless agreed by both parties. ( We will endeavour to work with you to a new date, but considerations of seasonality might affect what we can offer, and it may be different to what you had initially ordered. A summer wedding will be different to a late autumn or winter wedding). 

In light of recent events (Covid-19) all our usual Terms & Conditions will still apply and be enforceable. 

If the wedding has been paid in full and then cancelled in the 2 weeks prior to the wedding we will refund %25 of the total amount paid.

Customer Service

In the event that you are not satisfied with our service then any complaints should be made in writing to Tomnah’a Market Garden. You may contact us via the website for full address details. Because of the perishable nature of the products and in order for us to resolve any complaints you may have, we advise you to contact us within 1 (one) working day of the date of the delivery or intended delivery of your purchase. In any case all complaints on perishable products must be reported to us within 3 (three) working days maximum. 

Photography

We reserve the right to use photographs or videos of all our work on all forms of media including social media. We will not use any photographs or videos prior to the wedding or event. 

We request the right to access any professional photography taken at the wedding featuring our flowers, and would ask that this is negotiated with your photographer before the wedding, and that we are able to discuss this with them. Any images we used would be used with full crediting of the photographer.

If you or your other wedding suppliers are posting images that feature our floristry products on social media we ask that you/they tag us appropriately.

Exclusivity

Once booked as your wedding or event florist Tomnah’a Market Garden is to be the sole provider of flowers and foliage at your wedding or event. Tomnah’a Market Garden is to be the sole provider of anything that would ordinarily be considered floristry. This is to protect the integrity, quality and reputation of Tomnah’a Market Garden. Exceptions can be made to this clause only if agreed by us in writing.

Differentiating between DIY and Tomnah'a floristry service. As your florist we will not add flowers, foliage or any other floristry to other companies props. Exceptions can be made to this clause but only if agreed by us in writing.

If you are working with a wedding planner or a designer, who will be using our flowers in their designs, we ask that they communicate with us well before they begin their design. This is extremely important, so that they know what the seasonal limitations are and can get the best results from our products.

Getting Married at Comrie Croft

If you have purchased DIY buckets, please make sure you, or whoever is arranging the flowers for you has read the Tips for getting the most from your flowers before working with them. 

Please read Things to remember when packing up and make sure that the person or people who are going to be responsible for packing up after the wedding know where they should put any of our hired props, and how to dispose of flowers and foliage. Any damage to, or loss of our props by a third party will be your responsibility. Return of hire deposits will be withheld to cover the loss or damage.

Bouquets

Bouquet/Flower Delivery

We offer a local bouquet delivery service on a Friday, to - Crieff, Comrie and St Fillans for £2.
Bouquets can be ordered for collection Tuesday - Saturday. Orders must be placed in advance, to ensure that we have the appropriate flowers harvested and the time available and scheduled to make the order. We cannot guarantee that we will be able to fulfill any orders placed on the day of the requested order.
Deliveries on any other day that involve an individual trip will be charged at a higher rate:

Crieff/Comrie £5
St Fillans £8

Muthill £10
Auchterearder £15 

For our Friday delivery service, orders must be received by 5PM on the Wednesday prior to delivery. In the event of a strike or delivery failure we will offer the option of a full refund or a replacement consignment on another delivery date.
We will not be responsible for flowers or any other product affected by the recipient not being available to receive a delivery.

Errors in your submitted personal details may lead to problems or delays in delivery, so please ensure that you have included full address details, including an accurate postcode for the intended recipient and your daytime contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered. If you expect the recipient to be out and there is a suitable place for flowers or other products to be left (e.g., garage, porch) please indicate this in the Message section.

Flower Care

This information will be sent with your flowers for the recipient so they know how to care for their flowers. We are not responsible for flowers not lasting if these care instructions have not been followed.
If cared for properly, most flowers should last for at least 5 days or longer. 

You can help our flowers last longer by: putting them into a clean vase; putting them in fresh water ASAP; re-cutting the stems at an angle; and removing any foliage beneath the waterline.
Change the water every other day, and keep them in a cool place out of direct heat and sunlight. 

Bouquet Composition

We reserve the right to choose the best flowers in the garden each week and so bouquets will be different from those shown. We are seasonal growers so the selection of flowers available to us changes throughout the season. In the event that we are unable to supply your bouquet, we shall notify you as soon as is reasonably possible and shall reimburse your payment in full and in any event no later than 30 days after the intended delivery date.

Substitutions

In the event of supply difficulties, we reserve the right to substitute goods or packaging of equal quality and value.

Flower Subscriptions

Individual subscription packages will be negotiated for flowers every week or fortnightly for the full season.
Subscription flowers can either be delivered at a cost, or collected from a central hub point, in line with our Delivery Policy.
Payments will be made in advance of the subscription.
The subscription can be terminated with 2 weeks notice.
The flower content will change each delivery, and will feature the best and most suitable flowers of the week. It is not possible to choose what flowers comprise the mix.

Wholesale Flowers

We reserve the right to select customer eligibility. This will include; Event florists, Retail florists, Wedding venues. An account must be set up to establish this relationship.
There is a minimum order amount of 1 bucket of flowers.Delivery is not included and may not be possible. Delivery rates will be negotiated at the time of ordering.
We can supply mixed buckets, but they cannot be specific in content. We can make them to broad colour palettes, of what are the best available flowers on the day of harvest.
Curated buckets containing a specific mix of flowers and colours can be ordered but at a higher cost.