QUOTATIONS
We will provide you with a Quotation for the Event. All Quotations are valid for 30 days unless otherwise agreed with you. Where you wish to change the Event Date of your Booking, the new date must be within 12 months of the original date to retain the original quoted prices. We strongly recommend that you are happy with the flower breakdown in the Quotation before accepting and paying your Booking Fee. On occasion we may need to amend our Quotation where there are cost changes beyond our control, such as shipping and wholesale flower prices. We will notify you as soon as possible where we need to amend our Quotation.
BOOKING OUR SERVICES
The Booking Fee must be paid to secure the booking for your Event Date. We do not book in any dates until the Booking Fee has been paid in clear funds. All Booking Fees are non-refundable. When you book our Services, you agree that we will be the exclusive florist for the Event. Where you book in décor we require you to provide your credit card details as security.
YOUR OBLIGATIONS
You agree to provide us with various information for your Booking (“Information”). You represent and warrant that:
all Information you provide is current and correct (you must promptly inform us of any updates to the information, including any Event Dates, timing and Venue changes);
you will respond promptly to any of our requests for further information*.
Any personal information you provide for your Booking is used subject to our Privacy Policy which you can read here. You acknowledge and agree that we rely on the Information you provide.
Where additional services are required on the Event Date, Additional Fees will also be charged.
*Where we contact you and receive no reply within 14 days, your Booking may be forfeited.
Travel and Parking
Parking must be provided for us for the Event. Where parking is not provided, we will invoice you for all parking fees. You must inform us of the parking arrangements to ensure our timely arrival at the Event.
We may charge you a Travel Fee for travel to and from the Venue.
Timing
We will use our reasonable endeavours to adhere to all time requirements, however, we require your cooperation to advise us as soon as possible of any delays or timing issues. Where the Services require additional time to be spent, we will charge Additional Fees.
Health and safety
Our health and safety practises include social distancing where possible, hand sanitisers, use of gloves and face masks. These conduct and health rules are necessary to ensure our health and safety, and that of other clients. You must notify us immediately where anyone from your Event contracts COVID-19.
Representative
We require that you notify us of a representative that is able to accept the delivery, and confirm the services on the Event Date; ie the style, freshness and particular flowers. Risk of the flowers and décor passes to you on delivery.
Venue permissions
You must ensure you have all permissions from the Venue in relation to any décor/hire items, and floral installations. This includes, but is not limited to, items such as open flame candles, stakes in the ground, hanging instalments or other uncommon installations.
Substitutions
You acknowledge and agree that:
flowers and foliage are natural, perishable items can become unavailable at short notice due to weather, off-seasons and unforeseen circumstances; and
the COVID-19 pandemic has meant that air freight from interstate and international can change quickly.
Therefore we cannot guarantee your selection of flowers, and décor/hire items, and we may substitute flower colours and types, or décor/hire items at your Event with similar flowers or décor/hire items. We will use our reasonable endeavours to match any theme, style and colour scheme discussed with you.
Décor
Where you hire décor, all décor/hire items must be returned to us in clean condition within 48 hours of the Event, unless otherwise agreed. Where items are lost, damaged or stolen, all Replacement Costs will be charged to your credit card provided. (The Replacement Cost is the full retail cost of the items plus GST plus delivery. In some cases the supplier of décor/hire items may have a minimum order requirement. You must pay the full cost of the minimum order.)
Décor - providing your own
Where you provide your own décor or items, you must ensure all vases and vessels are water tight before you drop them off to us. Where you are using your own archway or ceremony structure, it’s 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.
PAYMENT TERMS
All payments must be made via cash or direct debit. Where you pay by card, and bank or payment processing fees will be charged to you. You may request a statement with your balance outstanding at any time by sending a request to hello@frankandbloom.com.au.
All Fees are due and payable 30 days prior to the Event Date (“Final Payment Date”). Where we do not receive our Fees by the Final Payment Date we may not be able to provide any Services.
You authorise use to deduct all our fees from your credit card provided. Interest will be charged at the rate of 11% per annum. Any legal collection fees will be billed to you.
CANCELLATIONS
Where you wish to cancel a Booking you must provide us as much notice as possible, and email us at hello@frankandbloom.com.au. Where you provide more than 90 days prior notice, monies paid in addition to your Booking Fee may be refundable. Any cancellations after the Final Payment Date will still incur the full Fee as we will have ordered the supplies and materials and work has been undertaken.
Where we need to cancel your Booking including after the Final Payment Date, a refund will be given, and we will use our reasonable endeavours to give you as much notice as possible and to find a new supplier. The Booking Fee remains non-refundable.
CHANGES/ VARIATIONS TO YOUR DESIGN
Where you wish to make a change to your floral design you must notify us via email at hello@frankandbloom.com.au before the Final Payment Date. No changes or variations may be made to your Booking after that date.
Where a variation involves a decrease in costs, we may decrease your total Fees by up to 10% provided you are still above the Minimum Spend. We do not provide any reductions by more than 10%.
TRANSFERS, POSTPONING AND REFUNDS
Any transfers to other Event Dates and times and Venues are at our sole discretion and are subject to availability. You must contact us at hello@frankandbloom.com.au to request a transfer. A Transfer Fee will apply, along with an amended Fees. This includes where you need to transfer or postpone due to COVID-19. You acknowledge and agree that product prices can fluctuate throughout the season, and other costs will vary depending on the location.
To the extent permitted by law, all Booking Fees and other Fees are non-refundable. This includes, but is not limited to, cancellations by you due to relationship breakdowns, personal, family, or financial situations, unforeseen circumstances, and all Force Majeure Events. We also do not provide refunds for your change of mind, or where you failed to provide us with adequate information. On occasion, we may, at our sole discretion refund extra payments that you have made between your Booking Fee and the Final Payment Date. All Booking Fees are non-refundable as a Booking precludes us from booking another event.
CONSUMER GUARANTEES
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, rights to refunds where the Services are not delivered at the time indicated or with due care and skill. You acknowledge and agree that the nature of the Services means that we cannot rectify them after the Event. You acknowledge and agree to immediately notify us where you are at all dissatisfied with the Services. You are entitled to a refund if there is a fault with the Services provided.
MARKETING
You permit us to photograph and/or video the events and use the photographs for marketing and information purposes, or publications exhibitions and professional awards. This includes, but is not limited to social media, brochures, websites, Pinterest, advertising, magazine submissions and other publications related to self-promotion and marketing.
We will not publish any photos until after the Event has begun. You must seek our consent prior to photographing us at the Event or using any of our photos or videos. You must seek our prior written consent before any publication of information about us in the media or otherwise.
TERMINATION
We may refuse to provide Services to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately refuse to deliver the Services. We can also stop offering our Services at any time, for any reason. We are not responsible to you for any changes, or if we suspend or stop our Services. We will however, endeavour to notify you if we suspend or stop our Services.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of the Services, including, but not limited to, any errors or omissions in any website content, price changes or discontinued services, any changes, and any completion times not being met, any inability for work to be completed due to lack of permission, or Venue issues, or any faulty décor provided by you. To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
the supply of equivalent products and/or services; or
the payment of the cost of the products and/or services.
In any case, our liability to you will not exceed the amount actually paid by you to us.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including where you provide incorrect information.
FORCE MAJEURE
Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event. This includes any liability in relation to extreme weather conditions where flowers have endured extreme temperatures or high winds. You will remain liable to us for the Booking Fee, and any amounts equivalent to the cost of any flowers or materials purchased to meet our obligations under this Agreement up until the Force Majeure Event.
IF THERE IS A DISPUTE
If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
OTHER
This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, 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.
Booking Fee means the fee we require at the time of booking to secure your booking, and is 25% 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, including COVID-19, changes to regulations, government restrictions, 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 décor/hire services we agree to provide to you.
Transfer Fee means a fee of $500 plus a 5% increase in the Fee where the new Event Date is less than 6 months away; 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 Frank and Bloom [ ABN 86 241 024 998 ] and includes any of our, employees, agents, partners, contractors and where relevant any parent companies or subsidiaries.
Website and services means www.frankandbloom.com.au and everything available on this website including, but not limited to, all products and services.