Website Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our 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.nanfloralart.com.au’s relationship with you in relation to your use of this 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.nanfloralart.com.au’s 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. We will endeavour to highlight any significant or substantive changes to you where possible. 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 Nan Floral Art 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 Nan Floral Art is not legally responsible for any loss or damage you might suffer related to your use of the website, www.nanfloralart.com.au, whether 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. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, 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), Nan Floral Art 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 purchasers responsibility to ensure all goods delivered to secure addresses (eg – apartments and units) will be received by the recipient. Alternatively, Nan Floral Art will contact the recipient to arrange appropriate delivery time. All unsuccessful deliveries will result in the goods returned to Nan Floral Art incurring additional fees to the purchaser. Collection of goods from Nan Floral Art is available or the redelivery of goods. The redelivery of goods will incur an additional delivery fee to the purchaser.

Nan Floral Art uses multiple reputable courier companies to deliver physical goods. Deliveries are processed promptly upon receipt of full payment. Delivery times may vary depending on the delivery company chosen. Nan Floral Art is not responsible for goods that are either damaged in transit or not received. Nan Floral Art should be notified immediately of damaged or lost goods. Replacement of damaged or lost items is made at the discretion of Nan Floraal Art.

 

EVENT TERMS AND CONDITIONS:

We require acceptance of all quotes no later than 7 days prior to your event.  This is due to the ordering of stock and staff scheduling purposes. 

Cancellations of any events less that 7 days prior to an event date are non-refundable in full.

Cancellations of more than 7 days prior to your event date may qualify for a refund on those items that have not been purchased by Nan Floral Art along with delivery and installation. Please note some floral varieties do require 2 weeks advance ordering from our suppliers/growers.


All quotes produced by Nan Floral Art are valid for thirty (30) days. Full payment of all Events is required seven (7) days prior to event dates. Events are confirmed upon receiving of payment, unless specified by Nan Floral Art Head of Events. All props provided by Nan Floral Art are the property of Nan Floral Art and provided on a hire only basis, unless purchased by the customer or client. Nan Floral Art will collect all hired items, unless specified by Nan Floral Art Head of Events. If props are to be returned by client, this must occur within one (1) week of Event date. If hired items are damaged by customer or client this will incur additional fees to the value of prop.

If collection of hired items occurs outside of business hours, an additional charge will be incurred.

Nan Floral Art reserves the right to photograph all arrangements upon installation for promotional material use.

 

WEDDING TERMS AND CONDITIONS:

Client understands that this is a custom art order. Client agrees to pay a deposit of twenty percent (20%) of the order total as down payment before work on the order commences. This deposit is used to reserve your date and secure all materials necessary for order, and is non-refundable. Client understands that the deposit will be forfeited in the event the Client cancels for any reason. At the time of the order completion, the deposit will be applied to the balance of Client’s order.


The “wedding date” is understood in this contract and for the purpose of all associated time estimates to be the date by which Client’s order is needed in-hand, which may differ from the date of Client’s actual wedding; i.e. if flowers are needed for a pre-wedding photo shoot, or are needed before travel or a destination event, Client should specify this date instead.
Client agrees that if their event date changes or has been incorrectly disclosed, they will inform Nan Floral Art immediately. Client furthermore understands that a Rush Order Fee may be charged for dates changed within four weeks of event if the new date is sooner than the old. This fee will be a minimum of 15% of the price on all affected items, but may be more depending on the size of the order and overtime needed. Client understands that for orders placed four weeks or less from the event date, a Rush Order Fee of 15% of the quoted price may be added to the balance. This fee may be waived at the discretion of the Nan Floral Art, according to her schedule of orders, and in either case will be noted as part of the initial price quote.


Client agrees to approve final decisions for flowers and colours at least twelve weeks prior to wedding date.
Client agrees to notify Nan Floral Art, in writing, of all changes or additions to the order at least 3 weeks prior to the wedding. Additional charges for said changes may apply and will be added to order total. After this date, a Change Order Fee of 25% the quoted price will also be assessed per applicable altered item. Items added to order after Client has paid balance will be invoiced separately and payment is due prior to delivery or shipment of order.

If collection of hired items occurs outside of business hours, an additional charge will be incurred.

Nan Floral Art reserves the right to photograph all arrangements upon installation for promotional material use.

 

Design Preferences & Colour Matching
Client agrees to communicate any colour and/or flower variety preferences, and initial price quote will reflect these choices. Client agrees to provide fabric swatches or other physical samples if a colour match is desired. Said swatches and/or physical samples must be provided by the Final Decision date listed (minimum four weeks before event). Nan Floral Art will take great care to match the order to Client’s swatches and samples. However, this is a custom art order and subtle & slight variations may occur. Client understands and agrees that an exact match may not be possible.

 

Substitutions
In the event that substitutions need to be made based on material availability issues or other unforeseen or uncontrollable circumstances, Nan Floral Art will notify Client and if the necessary substitutions are less than original materials, an adjustment/refund will be made to the Client’s balance.

 

EVENT AND WEDDING PAYMENT TERMS:
Order must be paid in full before pickup, delivery, or shipment is made.
Client agrees to pay in full the order at least 1 weeks before the event date and at least 4 weeks before the wedding date. If payment in full is not received by said date and other arrangements for payment have not been made, this Event Contract will be terminated and the non-refundable deposit will be forfeited and NFA shall be held harmless for any liability arising from this action.
Acceptable forms of payment are cash, check, or credit card. Checks are to be made payable to Nan Floral Art. In the event a check is returned; a $50.00 returned check fee will be assessed to Client. The return check fee must be paid prior to delivery or shipment of the order. If payment is to be made by anyone other than the Client named herein, said payer (i.e. parents of bride, future in-laws, relatives, gift donor, business entity, etc) is bound by the terms of this contract.

 

Wedding Cancellations

All contract cancellations must be made in writing.
Cancellations made by Client more than 4 weeks prior to the event date will receive a refund on all monies paid, minus the non-refundable deposit.
Client agrees that after this date, any and all refunds will be made at the discretion of Nan Floral Art and that Nan Floral Art is under no obligation to issue a refund to Client.
Nan Floral Art is not responsible for events that are cancelled by the Clients or others.
Nan Floral Art reserves the right to cancel this contract at any time if it is determined the obligations cannot be met.

 

RETURNS AND REFUNDS
Nan Floral Art handles 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 is 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.nanfloralart.com.au, by accepting these terms and conditions you are acknowledging there may be discrepancies between images and produced goods.

Nan Floral Art must be notified within three (3) days of purchase of all refunds or returns. Nan Floral Art will not accept returns based on change of mind or design. In cases of flowers perishing within three (3) days of purchase and all care instructions have been followed or if Nan Floral Art produced the incorrect goods, Nan Floral Art will provide a replacement or gift certificate. The value of the gift certificate or replacement is at the discretion of Nan Floral Art. Nan Floral Art 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 have not been produced.


LINKS TO OTHER WEBSITES
Nan Floral Art may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Nan Floral Art and the owners of those websites. Nan Floral Art takes no responsibility for any of the content found on the linked websites.

Nan Floral Art website may contain information provided by third parties for which Nan Floral Art accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER
To the fullest extent permitted by law, Nan Floral Art absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Nan Floral Art 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 in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of Nan Floral Art 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. It is your responsibility to do so.

YOUR PRIVACY
At Nan Floral Art we are committed to protecting your privacy. Our secure servers protect all information we receive from our customers. Nan Floral Art respects the privacy and confidentiality of the information provided by you and adheres to the national privacy principles established pursuant to the Privacy Act 1988 (Commonwealth). Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. www.nanfloralart.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data www.nanfloralart.com.au collects is secured against unauthorised use or access. We do not store credit card information on our servers.

THIRD PARTIES
www.nanfloralart.com.au does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

DISCLOSE YOUR INFORMATION
Nan Floral Art may be required, in certain circumstances, to disclose information in good faith and where Nan Floral Art is required to do so in the following circumstances: 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 Nan Floral Art our customers or third parties.

 

EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Nan Floral Art. Nan Floral Art expressly excludes and does not permit you to use or access its website, www.nanfloralart.com.au, 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 Nan Floral Art 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. Nan Floral Art reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Nan Floral Art expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and Nan Floral Art concerning your use and access to Nan Floral Art’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

JURISDICTION
This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and Nan Floral Art that results in litigation then you must submit to the jurisdiction of the courts of Victoria.

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