Wild Blossoms Floral Co Website & Events Terms and Conditions
Please read these terms and conditions of use carefully before using this website and for any events our business is associated with.
Welcome to Wild Blossoms Floral Co website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern www.wildblossomsfloralco.com’s relationship with you in relation to your use of this website.
Website Terms and Conditions
Please see below an outline of Wild Blossoms Floral Co’s terms and conditions relating to our website.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to www.wildblossomsfloralco.com and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
Amendment of Terms
We reserve the right to change, modify, add or remove portions of these terms at any time.
Please check these terms regularly prior to using our website to ensure you are aware of any changes.
If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Wild Blossoms Floral Co’s rights and obligations to each other.
Limitation of Liability
It is an essential pre-condition to you using our website that you agree and accept that Wild Blossoms Floral Co is not legally responsible for any loss or damage you might suffer in relation to your use of the website, www.wildblossomsfloralco.com, either from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website.
We shall not be liable for your use of any information or materials on this website, which is entirely at your own risk.
It is your responsibility to ensure that any products, services or information available through this website meet your specific and personal requirements.
You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Competition and Consumer Act
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Wild Blossoms Floral Co liability for any breach of a term of this agreement is limited to:
the supplying of the goods or services to you again;
the replacement of the goods; or
the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website to purchase any alcohol products.
Delivery of Physical Goods
It is the purchaser’s responsibility to ensure all goods delivered to secure addresses (such as apartments and units) will be received by the recipient.
Alternatively, Wild Blossoms Floral Co will contact the recipient to arrange an appropriate delivery time. All unsuccessful deliveries will result in the goods returned to Wild Blossoms Floral Co incurring additional fees to the purchaser.
Redelivery of the goods from Wild Blossoms Floral Co is available. This will incur an additional delivery fee to the purchaser.
Upon receipt of full payment, deliveries will be processed promptly.
Delivery times may vary, depending on the courier and delivery availability.
Wild Blossoms Floral Co is not responsible for goods that are either damaged in transit or not received.
Wild Blossoms Floral Co should be notified immediately of damaged or lost goods.
It is at the discretion of Wild Blossoms Floral Co for any replacement of damaged or lost items.
Returns and Refunds
Wild Blossoms Floral Co manages returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Products sold on this website are a perishable, natural item and flowers’ life span are dependent on species, resulting in some flower varieties living longer than others.
Flowers are a product of nature; availability is dependent on season and markets. As a result, not all goods produced are as pictured on www.wildblossomsfloralco.com. By accepting these terms and conditions, you are acknowledging there may be discrepancies between images and produced goods.
Wild Blossoms Floral Co must be notified within three (3) business days of purchase of all refunds or returns.
Wild Blossoms Floral Co will not accept returns based on change of mind or design.
If flowers have perished within three (3) business days of purchase, and all care instructions have been followed, or if Wild Blossoms Floral Co produced the incorrect goods, Wild Blossoms Floral Co, will provide a replacement or gift certificate.
The value of the gift certificate or replacement is at the discretion of Wild Blossoms Floral Co. Wild Blossoms Floral Co reserves the right to request images of original goods for our records.
Replacement flowers will not be sent if the original goods have been disposed of or images acceptable to Wild Blossoms Floral Co have not been produced.
Links to Other Websites
Wild Blossoms Floral Co may provide on our website, links to other websites and information on those websites for your convenience.
This does not imply sponsorship, endorsement, or approval or arrangement between Wild Blossoms Floral Co and the owners of those websites.
Wild Blossoms Floral Co takes no responsibility for any of the content found on the linked websites.
Wild Blossoms Floral Co does not accept any responsibility for information or advice provided to you directly by third parties, including any information contained on www.wildblossomsfloralco.com
We will only provide a ‘recommendation’, and do not provide any advice or take any responsibility for any advice received in this regard.
Disclaimer
To the fullest extent permitted by law, Wild Blossoms Floral Co disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose.
Wild Blossoms Floral Co gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information on its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of Wild Blossoms Floral Co to bear any entire costs of servicing, repairs, or correction.
The applicable law in your state of territory may not permit these exclusions, particularly the exclusions of some implied warranties.
Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it.
Privacy
We respect your privacy. The information you provide to us will be treated with complete privacy and confidentiality and we will adhere to the national privacy principles established pursuant to the Privacy Act 1988 (Commonwealth).
We will not speak with any media representative or release any information unless you give us consent to do so. We require you do the same and do not disclose order and pricing details to anyone without our express written consent.
Third Parties
Wild Blossoms Floral Co does not and will not sell or deal in personal or customer information.
We may use in a general sense, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally.
We may use the information that you provide to improve our website, social media presence and our services but not for any other use.
Disclose Your Information
In certain circumstances, Wild Blossoms Floral Co may be required to disclose information in good faith, including: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of Wild Blossoms Floral Co, our customers or third parties.
Exclusion of Competitors
You are deemed a competitor of Wild Blossoms Floral Co if you create similar documents, goods or services for the purpose of providing them for a fee to users (business or private).
Wild Blossoms Floral Co expressly excludes and does not permit its competitors to use or access our website, www.wildblossomsfloralco.com, to download any documents or information from its website or obtain any such documents or information through a third party.
If you breach this term then Wild Blossoms Floral Co will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from improper use.
Wild Blossoms Floral Co reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
Event Terms and Conditions
Please see below an outline of Wild Blossoms Floral Co’s terms and conditions relating to events and functions.
Quotes
Quotes are valid for 30 days (normal calendar).
We cannot hold dates or provide tentative bookings. To confirm your quote and secure your date, we require an initial non-refundable 25% payment and approval of these terms and conditions.
It is your responsibility to review all event details, including the date, wedding venue, and quantities of items to be delivered.
Booking Confirmation
A booking is confirmed upon electronic signature of these terms and conditions as well as receipt of an initial non-refundable 25% payment.
This initial payment is non-refundable. It is compensation for our work done to date and is required to secure our services for your date because it precludes us from booking another event on your event date.
This payment will be deducted from the total owing.
Signing this agreement confirms you have proofread and approved all the details of your event.
Changes to the quote can be made under the conditions outlined in the “Changes to
Quote” section.
Payment Terms
The balance owing on your order is due 30 days prior to your wedding date.
We cannot deliver any items or event designs without final confirmation of payment receipt.
Payments can be made by EFT / direct deposit.
Changes to Quote
Upon accepting this quote, you are agreeing to the items and to the total value listed.
Should you wish to make changes to the items in this quote, we require a minimum of 30 days’ notice before your event date. However, please note, the final quote amount cannot be reduced by more than 10% from the original agreed upon estimate.
Changes to your event date and venue can only be made under the conditions listed in the “Rescheduled & Relocated Events” section.
All changes must be made in writing to admin@wildblossomsfloralco.com
Event Cancellations
If the client decides to cancel this agreement, it must be done in writing to admin@wildblossomsfloralco.com at least 30 days before the event.
Events cancelled within 30 days of the event date remain payable in full, regardless of the circumstance.
If you cancel your event and provide more than 30 days’ notice, the initial payment
made remains non-refundable. Monies paid above and beyond the initial 25%
payment will be refunded.
We reserve the right to cancel the agreement at any time. In this instance, you are entitled to a full refund (including the initial 25% payment).
Rescheduled & Relocated Events
The client must advise of any change to the event venue or event date in writing to admin@wildblossomsfloralco.com
We will do our best to accommodate new dates or location changes, however we cannot guarantee our availability.
If we are unavailable on your new event date, or are unable to accommodate your change of venue, the initial 25% payment made remains non-refundable.
If we are available on your new event date, or able to accommodate your venue change, the initial payment made will be transferred to the new date. A new agreement and quote will be drawn up taking into account the changed circumstances. (For instance, wholesale product prices fluctuate through the season, delivery and hourly wages vary depending on venue set-up requirements.)
Price Variations
We reserve the right to amend or change the pricing outlined in this quote in the event of cost changes beyond our control (e.g. wholesale flower prices).
We will make every effort to honour the original agreed price, however the current volatile nature of shipping (national/international) dramatically affects wholesale flower prices.
Any price increases will be formally advised to you in writing and a recommendation provided to the client at least 14 days prior to your event date.
Product Substitution & Availability
All flowers and foliages are subject to seasonal quality and availability.
Unfortunately, we cannot guarantee availability, exact colours or shades of specific product. When working with Mother Nature, there are no guarantees. Unseasonably warm, wet or cool seasons have a dramatic impact on flower and foliage availability.
Regardless of the availability of specific products, we will always adhere to the agreed colour palette and style of floral design, as outlined in our supplied design inspiration.
We reserve the right to substitute all products to ensure the highest quality ingredients are used. If needed, a final consultation can be arranged to discuss alternative options.
Containers and vases may change due to supplier issues, we will substitute the selected product with items of greater or equal value, in line with the overall look and feel for the event.
Refunds will not be given for minor changes in flower type or appearance.
Delivery
Upon delivery (or collection) the client assumes all responsibility and care for your flowers and designs.
Hired Pieces
All hire items remain the property of Wild Blossoms Floral Co and are provided on a hire only basis, unless purchased by the customer.
All hire pieces must be returned to us within 48 hours of the wedding, unless agreed otherwise.
Please advise your guests that all hired items (e.g. vases & votives) must not be removed from the venue, otherwise you will be charged the full cost of replacement of each item not returned to us.
Clean, unbroken (not damaged) return of all hired stock is your responsibility.
Lost, broken or damaged stock on hire from us must be paid for in full, by you.
We reserve the right to charge an additional holding fee for hire items. We also reserve the right to charge the client full replacement costs for items damaged, lost or broken.
Photographs & Video Footage
We retain the right to photograph all finished work and use photographs of your wedding/event in our marketing efforts. This includes, but is not limited to social media, brochures, websites, Pinterest, advertising, magazine submissions and other publications related to self-promotion and marketing.
Photos taken by us of your arrangements remain Wild Blossoms Floral Co property. Our photos are not to be reproduced, copied or edited in any way by you or any third party without our prior permission in writing.
Any photos provided to us by your photographer will only be used by us for promotion and marketing of our business. Photographer’s credits will only be displayed if requested.
We reserve the right to hire an independent photographer to capture our work on the day. Usage of these images will be limited to our own marketing and self-promotion applications.
Installations and Large Scale Designs
It is the client’s responsibility to advise the venue / events manager regarding the scope of designs.
The responsibility remains with the client to seek the required permissions from the venue to construct any hanging, suspended or other uncommon floral installations.
We cannot be held responsible or liable for any instances where work cannot be completed and achieved due to a lack of permission or safety at the venue.
Supplying Your Own Vases and Structures
If you are using your own archway or ceremony structure, it is your responsibility to ensure it is securely anchored into the ground in anticipation of all-weather conditions (wind, rain etc.). Please check with the venue manager as to how and when this can be set-up.
We won’t provide refunds for any work that cannot be completed by us on the event day due to faulty or unsafe materials provided by the client.
We cannot be held responsible for any damage done to items hired by the client.
Privacy
We respect your privacy. Your names, wedding date, contact details, order information and pricing will be treated with complete privacy.
We will not speak with any media representative or release any information unless you give us consent to do so. We require you do the same and do not disclose order and pricing details to anyone without our express written consent.
Extreme Weather Conditions
In the instance of extreme weather (wind, rain, heat, or cold), we will always put safety first and will follow government advice regarding any event including flooded roads and bushfire evacuations.
We cannot be held liable for the impact extreme weather conditions have on our ability to safely do our job.
Extreme temperatures and high winds have a dramatic impact on flowers. While we will do our best to go above and beyond, we cannot be held responsible for damaged florals as result of weather.
Impact of COVID-19
We take public health seriously and adhere to all health and safety requirements: masks, gloves, proper sanitary measures and social distancing are a part of our basic service standards.
Where we cannot safely perform our duties as a direct result of COVID-19, we will advise the client in writing.
Should we be required to quarantine in the lead up to your event date, we will advise you in writing and provide you with our plan of action.
Should someone from your event contract COVID-19, it is your responsibility to advise us in writing as soon as possible.
Force Majeure
In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
In the instance the force majeure event results in the cancellation or relocation of the wedding within 30 days of the planned date, and the wedding date is unable to be rescheduled or relocated by mutual agreement as per this Agreement (Rescheduled & Relocated Events), you agree that you will be liable for:
The initial 25% payment; and
An amount equivalent to the cost of any flowers or materials purchased by us to meet our obligations under this Agreement.