Terms & Conditions
Terms and Condition
Our business, Lady Blooms Co [ABN 82 775 044 994], provides services to clients and potential clients who agree to be bound by these Terms and Conditions. By accessing our website or using our services, you acknowledge that you have read and accepted these Terms and Conditions, as well as any other terms and policies that we may publish or link to on our website. The terms "you" and "client" refer to any person who uses or intends to use our services, including those who make purchases from us.
PRICES AND DESCRIPTIONS ON OUR WEBSITE
We strive to provide accurate and up-to-date information about our services on our website, but we cannot guarantee that descriptions, prices, times, availability, or promotions will always be error-free or up to date. We reserve the right to correct any errors or omissions, or to change or update information at any time without prior notice. Please note that colours displayed on our website may appear differently in person. We do not make any guarantees or warranties about the quality of our services or whether they will meet your expectations, except as required by law.
Timing
We will make every effort to meet the agreed-upon timelines for the provision of our services, but we ask that you inform us promptly if there are any delays or timing issues. If the delivery of services requires extra time, we may charge additional fees.
Substitutions
Please be aware that flowers and foliage are natural, perishable items that may become unavailable on short notice due to unforeseen circumstances such as weather or off-season availability. Additionally, the COVID-19 pandemic has resulted in rapid changes to air freight from interstate and international locations. Consequently, we cannot guarantee that your chosen flowers and décor will be available, and we may need to substitute flower colours and types with similar options at your event. However, we will do our best to match any discussed themes and colour schemes with similar options.
Décor and Hire Items
If you hire décor from us, please note that an additional fee for setup and collection may apply. In the event that any items are lost, damaged, or stolen, we will charge your credit card for the full Replacement Cost, which includes the retail cost of the items plus GST and delivery charges. Please note that some of our décor suppliers may require a minimum order amount, and you will be responsible for paying the full cost of the minimum order if applicable.
Champagne Towers and Walls
The Champagne Walls and Towers Terms and Conditions outline the policies and procedures of hiring a champagne tower or wall from the business.
Booking Confirmation
These terms state the that once we receive the 20% deposit, your booking will be confirmed, and by making the payment, you agree to the following terms and conditions. Final payment for all towers is due seven days before the event unless other arrangements have been made.
Cancellation Policy
If you cancel your booking after making a payment for your tower, and it is no less than 21 days before the event, we will refund your money minus the 20% deposit. However, if you cancel 21 days or less before the event, no refunds will be given. We will process the refund within 28 days of receiving your cancellation request, which must be in writing via email.
Glassware Breakage
It is inevitable that glasses will get broken during an event. We only charge for four or more glasses that are lost, not returned, or broken after the event. If the entire tower falls, which has never happened before, you will be responsible for the entire cost of the glassware.
Liability
Champagne Walls is not liable for any damage, injury, or harm caused by a champagne tower during a function to the hirer or any attendees. The hirer assumes all responsibility if the tower falls during the function and indemnifies Champagne Walls against all costs, claims, expenses, and losses suffered by the hirer and guests. The hirer also indemnifies Champagne Walls against any damage caused to furniture, fixtures, or fittings of the hirer due to spillage of the tower.
CONSUMER GUARANTEES
As a consumer, you have certain rights, guarantees, and remedies under the Australian Consumer Law. These include the right to a refund if the services provided are not delivered at the agreed-upon time or with due care and skill. However, please be aware that the nature of our services means that we cannot rectify them after the event has taken place. Therefore, if you are dissatisfied with our services in any way, please notify us immediately. In the event of a fault with the services we have provided, you are entitled to a refund.
MARKETING
By engaging our services, you grant us permission to take photographs and/or videos of the events and use them for marketing and informational purposes, as well as for publications, exhibitions, and professional awards. Please note that we will not publish any photos until after the event has begun. If you wish to photograph us at the event, you must first obtain our consent. Furthermore, any publication of information about us requires our prior written consent.
TERMINATION
We reserve the right to refuse to provide our services to you or anyone else at any time and for any reason. Specifically, if you violate any provision of this Agreement, we may immediately terminate our service to you. Additionally, we may discontinue offering our services at any time for any reason, and we are not liable to you for any resulting changes, suspensions, or service disruptions. Nonetheless, we will make reasonable efforts to inform you if we suspend or discontinue our services.
LIABILITY AND INDEMNITY
We do not accept liability for any Loss or Damage that may arise from your use of our Services, including but not limited to, any inaccuracies or omissions in the content on our website, changes in pricing or the discontinuation of Services, or failure to meet completion deadlines.
We will limit our liability under the Australian Consumer Law, to the extent permitted by law, to either supplying equivalent Services or paying the cost of such Services, at our option. In any case, our liability to you will not exceed the amount you have paid to us.
You agree to indemnify us and hold us harmless from any Claims arising from or related to your breach of this Agreement, including any provision of incorrect information.
FORCE MAJEURE
In the event of a Force Majeure, we will not be deemed to have breached this Agreement to the extent that our obligations cannot be fulfilled due to such an event. We shall not be liable to you for any losses or damages of any kind arising out of or in connection with any Force Majeure event.
IF THERE IS A DISPUTE
In the event of a dispute, both parties agree that maintaining confidentiality is crucial to our reputation. No communication or discussion regarding the dispute shall be made public, including on social media websites. Any public comments or discussions deemed negative, defamatory, or otherwise harmful will result in compensation in any mediation or litigation claim.
If a dispute arises that cannot be resolved, both parties agree to appoint an independent professional arbitrator or dispute resolution specialist to make a determination on the dispute, and each party agrees to bear their own costs.
OTHER
This Agreement is to be construed in accordance with the laws of QLD, Australia, and you and we submit to the jurisdiction of the courts of QLD, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals, and communications whether oral or written, between you and us. In the event of an inconsistency between these Terms for Events and other terms and conditions on our website, these Terms for Events prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
DEFINITIONS
Additional Fees means any additional fees for additional services provided at the Event.
Booking means the booking of your event day, whether wedding or other event.
Cancellation Fee means 50% of the Total Fees on your Booking Invoice, or where less than 30 days prior notice is provided, 100% of the Total Fees on your Booking Invoice.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Deposit means the deposit we require at the time of booking to secure your booking, and is 20% of the Fee.
Event means your wedding or other event.
Event Date means the date you notify us for your Booking.
Fee means the fee or fees we provide in our Quotation.
Force Majeure Events include any pandemic, changes to regulations, weather events, travel limitations, venue closures or any other events beyond our control.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
Quotation means the quotation we provide to you.
Services means the floral and decor services we agree to provide to you.
Transfer Fee a 10% increase where the new Event Date is more than 6 months away; and a 20% increase where the new Event Date is more than 12 months away.
Travel Fee means the travel fee we charge you for travel to and from the Event.
Venue means the venue you notify us, and is where the Event will be held.
We, us, or our means Mutya Peuckert, Trading as Lady Blooms Co[ ABN 82 775 044 994] and includes any of our, employees, agents, partners, contractors and where relevant any parent companies or subsidiaries.
Website and services means ladybloomsco.com and everything available on this website including, but not limited to, all products and services.
We welcome you to Lady Blooms Co [ABN 82 775 044 994] and our website, ladybloomsco.com. We hope you have a pleasant browsing experience. By visiting our website and using any of the services we provide, you agree to abide by these terms and conditions, as well as any other policies we publish or link to on our website. This constitutes an "Agreement" between us. If you do not agree, you must seek alternative services, as we reserve the right to terminate your use of our website immediately if you breach our Agreement. We also reserve the right to change, suspend or terminate our website services at any time.
YOUR RESPONSIBILITIES WHEN USING OUR WEBSITE
Providing Accurate Information and Adhering to Laws
When providing us with information, such as when filling out any of our opt-in or other forms, you must ensure that the information you provide is current and accurate. You must also comply with all relevant laws in Australia, including but not limited to, intellectual property and cybercrime laws, when using our website. If you access our website from outside Australia, you must comply with all relevant local laws as well.
To only make personal and non-commercial use of our content
To ensure that you only use the content on our website for personal and non-commercial purposes, you acknowledge and agree that the copyright in all content on our website is either owned or licensed by us. You must seek our prior written permission, which can be obtained by emailing hello@ladybloomsco.com, if you wish to use any content on our website for any other purpose that is not permitted by law. Any trademarks on our website belong to their respective owners.
To use third party software, links etc at your risk
You acknowledge that we provide links to other websites on our website solely for your assistance, and we have no control over the content or products and services provided by those websites. We do not endorse these websites in any way, and any use of those websites is solely at your own risk. Any concerns regarding their products or services should be directed to them.
To not rely on any information
We also provide access to third-party apps and software to enhance the functionality of our website. You acknowledge that we have no control over these third-party apps and software and do not make any warranties in relation to them. You use them at your own risk and must read and agree to their terms and conditions which govern your use of them.
To only make personal and non-commercial use of our content
To ensure that you only use our website and its content for personal and non-commercial purposes, you acknowledge that the copyright in all content on our website is owned or licensed by us. Any use other than personal and non-commercial use is prohibited unless permitted by law or with our prior written permission, which you must seek by emailing hello@ladybloomsco.com. All trademarks on our website belong to their respective owners.
We provide links to other websites and third-party apps and software for the enhancement of our website's functionality. However, we have no control over those other sites and do not endorse them in any way. Any use of those sites or third-party software is at your own risk, and you must read and agree to their terms and conditions that govern your use of them.
WE MAKE NO WARRANTIES OR GUARANTEES
We make no warranties or guarantees regarding our website's availability, uninterrupted use, security from viruses, or the accuracy, completeness, and currency of our content. Historical information, incomplete pages, or inaccuracies may sometimes be encountered, and whilst we cannot guarantee that these matters will be corrected, you may email us at hello@ladybloomsco.com to report any issues you find.
LIMITATION OF LIABILITY AND INDEMNITY
We limit our liability to the fullest extent allowed by law for any loss or damage resulting from your use of our website and its content, including any interruptions, changes, suspension or termination of our website, or any events beyond our control. We are not responsible for any third-party links, websites, apps, software, products, or services. You agree to indemnify us for any claims arising from your breach of this Agreement, your violation of the law or the rights of a third party, or your use of any third-party links, websites, apps, software, products, or services.
OTHER
This Agreement is governed by the laws of QLD, Australia, and any disputes will be settled by the courts of QLD, Australia. If any provision of these terms and conditions is unenforceable, it will be removed from the Agreement, and the remaining provisions will remain in full force and effect. The obligations and liabilities outlined in this Agreement will survive its termination. Our failure to exercise any right or enforce a provision under this Agreement does not waive our ability to do so in the future.
DEFINITIONS
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Content in our website could be any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs or any other content.
Loss or Damage means any loss or damage including, but not limited to any loss of salary, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss or damage to reputation, loss of data, personal injury, property damage or legal costs.
We, us, or our means Mutya Peuckert, Trading as Lady Blooms Co [ ABN 82 775 044 994] and includes any of our employees, agents, partners and contractors.