Summary of Key Terms

Set out below are the full terms and conditions relating to our services.  It is important that you read these terms in full, but we also wish to bring the following key points to your attention:

·       There will be a penalty for last minute cancellations

·       We charge interest and collection costs on overdue amounts

·       We will not be liable for damage or deterioration to the floral arrangement in circumstances outside our control.

1.         GENERAL

1.1       In these Terms and Conditions:

(a)     “Agreement” means any order relating to the Services, and these Terms and Conditions.

(b)     “We” or “Us” means Emma Hasler trading as Botanic Press and her successors and assigns.

(c)     “You” means the person, firm, company or entity buying Services from us.

(d)     “Services” means all services and goods we will supply to you under a proposal, order or invoice relating to floral preservation services.

2.         PRICE

2.1       Price plus tax: You will pay the price indicated on the invoice, order form or other similar document issued by us, together with the amount of any Goods and Services Tax or any other tax which may be payable in respect of the supply of Services or otherwise under these Terms and Conditions. The prices on our website all include GST.

2.2       Cancellation: We do not accept cancellation of sale orders except in extraordinary circumstances.  If you do wish to cancel an order please contact us. Where cancellation does occur any deposit paid may be refunded at our sole discretion but otherwise is non- refundable.

3.         PAYMENT

3.1       Deposit: In order to confirm a booking for Services you must pay the stated deposit.

3.2       Payment of balance: You must pay the balance of the price on receipt of our invoice and in any case we reserve the right to not send you the finished item until you have made payment in full.

4.         PENALTY FOR LATE PAYMENT

4.1       Default interest: Failure by you to make payment in full of any amount payable pursuant to this Agreement on the due date constitutes a default and, without prejudice to any other rights or remedies available to us, simple interest at 1.5% per month will be payable upon demand and from the due date until payment.

4.2       Legal costs: You will indemnify us against all loss, costs and expenses, including legal costs on a solicitor/client basis, which we may suffer or incur as a result of any failure by you to make due and punctual payment.

5.         PERFORMANCE OF THE SERVICES

5.1       Time: We undertake to use reasonable endeavours to deliver the Services within the time specified by us but dates we give for performance will be indicative only.  No date specified by you will be binding on us without our written agreement.

5.2       Services to be supplied: You acknowledge and agree that the Services are limited to those set out in the invoice, order form or other similar document issued by us.

5.3       No change of mind: Except as required by law we not accept claims for change of mind refunds.

5.4 I understand that I give the artist creative liberty to design the bouquet frame how the artist believes will look best. "Customizations" will be considered, but are not required by us to follow.

5.5 I understand that not all flowers in my bouquet will be used due to thickness, flower condition, or lack of space in the frame.

5.6 I understand that during the pressing process flowers do change colour/shade and appearance and as the flowers are natural there will be continual fading with time.

5.7 I understand that my bouquet will be worked with-in the condition that it is received. If there are not enough workable flowers for a classic frame a smaller frame option will be offered. We can also at our discretion add flowers from our flower stock if needed for your design.
 

6.         YOUR OBLIGATIONS

6.1       Timely delivery: In order to ensure the best possible result you need to deliver your floral arrangement to use as soon as possible and in any case no later than 4 days.  Any costs associated with delivering the arrangement to us are your responsibility. It is also your responsibility to currently label your box with our name if shipping.

6.2       Care of frame: When you receive the completed frame you must display and/or store it in accordance with our instructions.

7.         OUR WARRANTIES

7.1       We warrant that:

(a)     We have the right to enter into this Agreement;

(b)     We will perform the Services to a reasonable standard of care and skill;

(c)     We will perform the Services in accordance with relevant laws.

8.         LIABILITY

8.1       Consumer Guarantees Act: As a consumer, you have certain rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.  Those rights apply alongside these Terms and Conditions and are not affected by anything in this clause.

8.2       Limitation of liability:

(a)     Claims: We will have no liability for unsatisfactory Services unless you notify us in writing of your claim within 7 days after performance of the Services;

(b)     We will have the option, exercisable at our discretion, to replace or give credit for any services in respect of which any claim is made or proven or to refund a portion of the price paid for the Services, thereby fully discharging all our legal liability;

(c)     We are not liable for any loss caused by you, or any loss that results from your failure to take reasonable steps to avoid or minimise your loss including where your arrangement is delivered in poor condition or where you fail to take good care of the completed frame;

(d)     Damage during shipping: While we will pack the frame as securely as possible we will have no liability for damage sustained during shipping or on delivery;

(e)     Notwithstanding any other provision of this agreement, neither party will be liable for indirect, special, consequential or similar damages or losses, including but not limited to loss of profit or revenues or other financial or economic losses of any kind and whether or not the other party has been advised of the potential for such damages.

8.3       Business purposes: If you hold yourself out as acquiring the Services for business purposes, you acknowledge that the provisions of the Consumer Guarantees Act 1993 will not apply and are expressly excluded.

9.         GENERAL

9.1       Portfolio: You agree that we may use images of the completed frame for the purposes of marketing our services and our business.

9.2       Events outside our control: If any cause beyond our reasonable control including but not limited to ill health; accident; order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or equipment, embargo, accident, emergency, act of God interfere with our performance of any of our obligations under these Terms and Conditions then we may at our sole discretion suspend our performance of any such obligation or cancel any contract for the purchase of Services and we will not be liable to you in any respect.

9.3       Waiver: These Terms and Conditions remain in force notwithstanding any neglect, forbearance or delay in enforcement.  We will not be deemed to have waived any condition unless such waiver will be in writing and such waiver will only apply to the particular transaction to which it refers.

9.4       Severability: If any clause or provision of these Terms and Conditions will be held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such clause will not apply to this Agreement.  The remaining provisions of this Agreement will remain in full force and effect as if the clause or provision held to be illegal or unenforceable had not been included.

9.5       Privacy Policy: Any personal information collected by us in connection with this Agreement will only be used or disclosed for the purposes of ensuring performance of this Agreement and any future like arrangement or arrangements. This may include disclosure within our organisation and to other parties involved in performing the Services. We agree to comply with relevant privacy laws in respect of any personal information collected in connection with the provision of the Services and any future like arrangement or arrangements.

9.6       Electronic Communications: You consent to receive commercial electronic messages from Us.  If you wish to opt out of receiving these messages tell us in writing and we will remove you from the mailing list.

9.7       Confidentiality: Each party must keep confidential during the term and after termination of this Agreement the existence and terms of this Agreement and all information of a confidential or sensitive nature supplied by the other party to this Agreement except to the extent that disclosure is required by law or where such information is or becomes available in the public domain without breach by a party of its confidentiality obligations under this Agreement.  A party may disclose such information to its legal and other advisers, bankers and other persons who are subject to an obligation of confidentiality.