TERMS AND CONDITIONS
Thank you for choosing Sugared Style (ABN 78 215 950 042) (hereafter ‘our’, ‘we’, ‘us’) for your special date (‘the Event').
This is an Agreement under which you (hereafter ‘the Client’, ‘you’ or ‘your’) agree to purchase for the price set out in the style guide (‘the Price’), the floral package (‘the Goods and Services’) as supplied by us on the day of your Event (‘the Booking Date’) in accordance with the terms set out below (‘the Terms’).
Please read these Terms carefully before booking with us, or using our Goods and Services. The Terms are important because they set out the rights and obligations of you as the Client, details of your Event, the payment terms and the use of our Goods and Services (‘Your Booking’).
Your Booking is confirmed once we have received a signed copy of these Terms. However, where you fail to provide an executed copy of the Terms but proceed to use our Goods and Services (or instruct us as to how the Goods and Services will be provided for your Event), you confirm your agreement to be bound by these Terms. This Agreement expressly supersedes all prior agreements or arrangements with you.
1. Scope of Services
1.1 We will provide the Goods and Services to you at your Event, as outlined in the style guide.
1.2. You may tentatively book the official quote for your chosen day for a period of five (5) days from the date that you receive our official quote. However, if you do not execute the Terms and pay the required booking fee outlined in Clause 3 of these Terms, then your tentative booking will automatically lapse.
1.3. You are required to confirm all aspects of the Goods and Services provided by us no later than three (3) calendar months prior to your Booking Date. You must confirm this in writing. After such time, any alterations to the arranged Goods and Services will be done at our discretion.
2. Booking Fee
2.1. The Client must pay a non-refundable booking fee of 25% (‘Booking Fee’) of the total price quoted by us for the Goods and Services.
2.2. By paying the Booking Fee, you acknowledge and accept that the Booking Fee is not refundable. The purpose of the Booking Fee is for, but is not limited to, securing our Services for a specified date, related consultations, research, quoting, rent, licensing, insurances, administration and ongoing client management.
2.3. You acknowledge that through booking the date for the Event, you accept that we will suffer loss by declining other work for that date, from the date that you agree to these Terms.
2.4. The Booking Fee is not transferable to another booking date or another type of good or service (unless otherwise provided within these Terms).
3.1. For payments other than the Booking Fee, we will provide you with an invoice for the Goods and Services in advance. Any payments made to us will be made by bank deposit or Paypal.
3.2. You are required to pay for the Price as follows:
3.2.1. The Booking Fee as outlined in clause 2;
3.2.2. The remainder of the Price, being 75% due thirty (30) days prior to your Booking Date (‘Final Payment’).
3.3. You agree to commit to a minimum spend amount of $2000 during the term of the agreement. The minimum soend requirement is non negotiable and is an essential element of this agreement.
3.4. Failure to pay monies due means that we may suspend or withhold the delivery of Goods or the performance of the Services until such payment is made, and all complimentary services may be cancelled. We reserve the right to charge an additional Administration Fee of $30.00 where payments are not made on time.
3.5. We reserve the right to increase the price of the Goods and Services where there are any last minute changes to wholesale costs, your requirements, scope of services, additional hours or increase in labour. An increase in the price of Goods or Services may also occur where installation plans are required to change due to circumstances out of our control (such as installation having to occur on a different day than planned, late night, or early morning installations, delays of more than 30 minutes, or impact of inclement weather). Any price changes must be paid in full no later than twenty-one (21) days prior to the Booking Date.
3.6. Should additional Goods or Services be requested within twenty-one (21) days of the Booking Date, we reserve the right to refuse to provide these Goods or Services.
3.7. If any payment is not made when due, you shall pay all costs that we incur to collect or attempt to collect the debt arising from a breach of these Terms. The term “all costs” includes but is not limited to all debt collector fees, legal fees, court filing changes and any other expenses of whatever nature incurred by us in collecting or attempting to recover all of part of the debt.
3.8. If, and to the extent, any supply of the Goods under the Agreement is a taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth), the price for the Goods will be increased to include GST payable by the Supplier in respect of the supply. All rebates, discounts or other reductions in price will be calculated on the GST exclusive price.
4. Cancellation or Postponement of Booking
4.1. You may cancel this agreement at any time, by notifying us in writing and by doing so, you forfeit the non-refundable Booking Fee.
4.2. Where you wish to cancel, the following applies:
- Prior to six (6) months - Booking Fee forfeited
- Less than six (6) months and before four (4) weeks - Booking Fee and additional 25% Fee is forfeited/due.
- Less than four (4) weeks - 100% of total Package Price is forfeited/due
4.3. We will use our best endeavours to meet your requests for a postponement of date however it must be a date that is mutually agreeable. In the event of a postponement, the following will apply:
- Prior to six (6) months - Booking Fee will roll over to the new date
- Less than six (6) months and before four (4) weeks - Booking Fee will be credited to new date but a further booking Fee will apply.
- Less than four (4) weeks - No postponement allowed.
4.4. Notwithstanding the above, you are only able to postpone your Booking on one (1) occasion and the new date must be within twelve (12) months of the original Booking Date. If a date is required beyond this, further fees may apply.
4.5. You must have an inclement weather plan which allows for an indoor option. Refunds will not be given in the event that inclement weather impacts your event, unless such weather event falls within the definition given in Clause 12. In those instances, the remedy in Clause 12 will apply. Where you wish to cancel or postpone your Event Date due to weather, these will be treated in accordance with our cancellation and postponement policies above.
5. Changes the Details of Your Booking (Does Not Include Date Change)
5.1. Wherever possible, we will ensure that the choices of flower provided are exactly to your specification. However, if a specific flower or/and colour is not available from our suppliers when required or the quality is not acceptable to us, we reserve the right to make an appropriate substitution.
5.2. Upon payment of the Booking Fee, the final balance of the agreed invoice amount cannot decrease in value more than 20% of the quoted price, including in circumstances where you seek to cancel or vary items included on the agreed invoice.
5.3. Except for date changes, we will attempt to accommodate changes asked by you. In the event that such changes cannot be made, you acknowledge that the Booking Fee is non-refundable, and that additional payments made may also not be refundable depending on the time frame of the changes made.
5.4. All final details of the Event must be finalised three (3) calendar months prior to the event. Flower orders will be placed six (6) calendar weeks prior to the Event.
5.5. Once floral orders are placed, you are responsible to pay for the order in full, regardless of whether or not your Event continues on the planned date.
6. Intellectual Property
6.1. You acknowledge that we may take images and/or video of you using our Goods and Services at your Event. You hereby assign and grant us the irrevocable and unrestricted right to (i) use and publish photographs/footage of you or in which you may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; (ii) to alter the same without restriction; and (iii) to copyright the same.
6.2. Any photographs, videos or sound recordings taken by the Client and Guests must be for personal use only and must be taken legally. Any use, reuse or production for commercial purposes without the express written consent of us is strictly prohibited.
6.3. Images of people, places and/or products posted on our website are either the exclusive property of us or are used herein with the express permission of us. Unless otherwise noted, all content included on our website, including (but not limited to) images, illustrations, designs, icons, photographs, video clips, written material and other materials, is the property of us or our suppliers, partners, or affiliates and is protected by Australian and international copyright laws. The Client also acknowledges that they have read and understood any terms and conditions that relate to the use of content and material on our Website.
6.4. All creative work and hire items provided by us must be credited accordingly. All publications (media, print, blog, social media) must credit us as the supplier for the concept and items hired within your quote/invoice.
6.5. If we are provided photos from you for our use, you warrant that you have obtained the necessary permissions from the owner of those photographs to be used by us for commercial purposes.
7. Delivery of the Goods
7.1. We will arrange with you the details of the delivery of the Goods (‘the Delivery’). If you are not present at the time of Delivery, we will leave the Goods in a safe space. In the event that there is no safe place to leave the Goods, we will not leave the Goods and they will be available for collection at our business location. While we will make every effort to delivery your order on time, we are unable to guarantee an exact time.
7.2. We are able to deliver to private residences.
7.3. In the event that you request for floral arrangements to be delivered a day prior to the Event, we will not be held responsible for, including but not limited to;
the care of the arrangements;
the visual design;
watering; and the like after delivery.
7.4. Should floral arrangement or attached accessories become damaged in any way, shape or form from the delivery of the arrangement, we do not guarantee that we will be able to assist in rectifying the arrangement.
7.5. Once the Goods are delivered, we cannot be held responsible for any personal injury, damages or breakages to such Goods, including the degradation of flowers resulting from heat or exposure to elements.
8. Hired Items
8.1. As part of your proposal, we may agree to rent equipment or items to you (General Equipment), and you agree to rent the General Equipment in accordance with this clause.
8.2. All cancellation of general equipment hire must be submitted in writing to us no less than two (2) calendar months from the date of the Booking.
8.3. You must inspect the General Equipment for any damage at the time of collection or within four hours of the equipment being delivered, and raise the issue with us immediately upon noticing damage.
8.4. You must return the General Equipment within four (4) days of your Booking Date and any items not returned, or returned in an altered or damaged manner (regardless of how it may have been damaged or by whom), the Client will be required to pay the full retail price of such equipment.
8.5. Standard delivery fees are included in your quote but if the location or amount of different location drop off changes there may be an extra charge. You will, at your own expense, keep the equipment in good repair, appearance and condition, normal and reasonable wear and tear excepted. If the equipment is not in good repair, appearance and condition when it is returned to us, you must immediately reimburse us for the actual expense of those repairs or replacement of the General Equipment.
8.6. You may be required to pay a “bond” of $100.00 before taking possession of the General Equipment. Where the General Equipment is returned in the condition it was provided to you, you will be refunded the bond upon return of the General Equipment. Where items are damaged or lost, and the bond is not sufficient to cover the loss or damage to the item, you will be liable for any costs above and beyond the bond amount in order to repair or replace the item. It is at our sole discretion as to whether to repair or replace.
8.7. A damage waiver of 5% is required to be paid as part of the hire component of the total invoice. You acknowledge that the damage waiver is not insurance or a substitute for insurance. It is non-refundable fee of 5% of the rental charges for the Hire Items and billed on the invoice. The Damage Waiver covers reasonable wear and tear of the Hire Items. The Damage Waiver does not cover the full cost of damage resulting from misuse or abuse of the Hire Items, your negligent acts or omissions, failing to maintain the Hire Items or during transport loading/unloading. It is your responsibility to maintain the condition and safekeeping of the Hire Items and may be liable for any Hire Items which are lost, stolen or damaged during the rental period.
8.8. Unless you obtain the prior written consent from us, you will not alter, modify or attach anything to the General Equipment unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the equipment.
8.9. To the extent permitted by law, you will be responsible for risk of loss, theft, damage or destruction to the General Equipment from any and every cause.
8.10. You acknowledge that you are responsible for ensuring that all hired items, including but not limited to cutlery, glassware, and tableware are cleaned and returned in the same condition as hired. We reserve the right to charge a Cleaning Fee starting at $150.00.
8.11. If we are responsible for the pack-up and clean at the Venue, the Cleaning Fee will be included in the initial quote.
8.12. You are liable for, and indemnify us against any loss or damage suffered as result of the actions of a third party (including but not limited to the venue, venue staff or guests).
8.13. An invoice will be provided by us to the Client. It is the Client’s responsibility to recover any of these additional damage/loss costs incurred from the third party.
8.14. We have the right to engage debt collection services for any invoices not paid in full by the due date for any lost/missing or damaged items and the costs associated with engaging that debt collection service will be passed on to the Client.
8.15. All cancellation of items booked for hire must be submitted in writing to us no less than six (6) weeks from date of the event.
8.16. You acknowledge that you will be hiring items that will be used by other clients prior to their event date. Where an item(s) is hired prior to your Booking Date, and the item is damaged or lost, and cannot be repaired to a standard satisfactory level to you before your hire date, we cannot be held liable or responsible for our inability to provide that item.
8.17. We will notify you as soon as possible and try to offer an alternative, if possible. In the absence of alternative item(s) being offered, we will offer you a refund based on the value of that damaged/lost item(s)
8.18. We must be allowed suitable time to rectify any issues with an item before the issuing of refund is considered.
9. Supplier Items
9.1. All items that have been hired from other vendors, which have been sourced by us, must be packed by you in accordance with the relevant supplier’s terms and conditions.
9.2. Unless it has been agreed for us to pack down items on the Booking Date, we will not be liable for additional fees incurred from other vendors if the items are not packed up or ready for collection.
9.3. We will not be liable, in any instance, for damage to other vendor items. We are also not be responsible for finding missing or lost items. We will not be responsible for circumstances where you are charged additional fees by the vendors due to damage or loss of items.
10. Floral Arrangements
10.1. We provide an invoice that outlines the style of flowers that will be used for your Event. Whilst we understand that the names of flowers can be varied and different, it is your responsibility to research and confirm that the style of flowers outlined for the Event are in line with those requested by you.
10.2. Where we have assisted you by providing photos in the invoice or used photographs in discussions with you, we will not be held responsible/liable if the flowers on the day are different to the guide photographs used, due to likely editing of photographs from the internet or various other sources.
10.3. We cannot guarantee the replication of photographs of arrangements provided to us by you, and do not guarantee that the arrangements and flower requested can be provided due to factors including, but not limited to, seasonal changes, availability, suitable quality of items and restrictions in transportation such as international importation.
10.3.1. In such circumstances, we endeavour where possible to provide similar styled, coloured and shaped arrangements to those requested.
10.3.2. Where we are unable to provide arrangements of a similar style, colour or shape, we will communicate with you should there be significant changes required, which deviate from the outlined arrangements.
10.4. As outlined in these Terms, prices are subject to variation. Flowers attract premium prices at certain times of the year, and therefore are subject to a price increase during, but not exclusively, these peak periods;
10.4.1. Two (2) weeks before, after and including 14 February;
10.4.2. Two (2) weeks before, after and including the Australian date for Mother’s Day;
10.4.3. Two (2) weeks before, after and including Christmas;
10.4.4. Two (2) weeks before, after and including New Years Eve.
11. Floral Installations
11.1. You warrant that you have obtained approval (by way of licenses, permits or otherwise) in order to hold your Event at its location and with the structures, equipment and materials arranged. We will not be a liable for any loss, damage or delay as a result of failing to obtain such approvals. It is the responsibility of the client to determine what approvals will be required.
11.2. You agree that it is your responsibility to arrange for any structures or hire equipment necessary for the floral installation required. Any kind of rigging or the liability for such, required for hanging installations are the responsibility of the Client and not of us.
11.3. We will not be responsible for the breakdown of any installations. The Client must arrange for this to be done in a proper manner by a person assigned in advance.
11.4. Where it has been agreed that we (which is only done in very limited circumstances) will break down the installations, a standard breakdown fee is included in your quote but may be increased if the venue requires breakdowns after midnight on the night of your Event due to bookings at the venue early the next day.
11.5. If we have been contracted to breakdown materials, equipment and structures, all flowers, containers, rentals, and sundry items provided by us, these will be removed and dealt with by our team unless other arrangements have been made. We will not be responsible for the breakdown and removal of any furniture, props, vessels, containers, candles, etc. that have not been provided by us.
11.6. All packaging equipment such as tubs, storage containers and the like must not be thrown away at any stage and all items hired by you must be repacked in the same way as they were received. We reserve the right to invoice you after the event for any replacement costs of damaged and/or misplaced packaging equipment.
11.7. If you have an event or hire items booked and the weather is predicting rain on your Booking Date, you may require an alternative arrangement made as to location of equipment or materials. We reserve the right to refuse to deliver items where they are may be exposed to inclement weather conditions.
12. General Terms for Provision of Goods and Services
12.1. We warrant to you that the Goods and Services will be provided using reasonable care and skill, however, subject to any condition, warranty or right implied or imposed by the Competition and Consumer Act 2010 (Cth) (CCA) or any other law which cannot by law be excluded by agreement, or any express provision in these Terms, we give no warranties regarding any Goods or Services supplied and all other implied or imposed conditions, warranties and rights are excluded. Where any condition, warranty or right is implied or imposed by law and cannot be excluded, we limit our liability for breach of that implied or imposed condition, warranty or right to the fullest extent permitted by law.
12.2. Subject to the qualifications in section 64A of Schedule 2 of the CCA or any other law, our liability for any breach of any implied or imposed condition, warranty or right in connection with the supply of Goods is limited to one or more of the following (at the election of us) - (i) replacement of the Goods or supply of goods equivalent to the Goods; (ii) repair of the Goods; (iii) payment of the cost of replacing the Goods or acquiring goods equivalent to the Goods; (iv) payment of the cost of having the Goods repaired.
12.3. You acknowledge, covenant and warrant that:
The terms of the order are complete and accurate;
You will cooperate with us in all matters relating to the Goods and Services; and
You will provide us with such information and materials we may reasonably require in order to supply the Goods and Services, and ensure that such information is complete and accurate in all material respects.
13. Subcontracting of Services
13.1. In the unlikely event of severe medical, natural, or other emergencies, occur before the start of the event, it may be necessary to retain alternative personnel. We will make every effort to secure replacement or additional personnel able and/or willing to provide similar Goods and Services.
14.1. You shall agree, while working with us, you and any of your guests will not undertake any illegal or dangerous activities that threaten our safety and well-being.
14.2. We reserve the right to refuse to operate equipment in locations or environments which may result in personal injury or damage to equipment.
14.3. Unless legislation provides otherwise, it is your responsibility to ensure you, and your other vendors, are following government health laws, directions and regulations, including those restrictions relating to gatherings and social distancing.
14.4. If these government health laws, directions and regulations are not strictly adhered to and we feel the personal safety of our employees and contractors are at risk, we reserve the right to exit the Event and our duties and you will not seek any compensation and you will forfeit any fees paid.
15. Warranty, Liability, and Indemnity
15.1. To the extent that the Australian Consumer Law allows, we provide the Services on an “as is” and “as available” basis and disclaim all representations, warranties and conditions of any kind, whether express, implied, statutory or otherwise with respect to the Services (including all information contained therein), and including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title or ownership.
15.2. Subject to clause 15.1 above, we accept no responsibility and are not liable for any direct or indirect, special loss or damage or injury to any person, corporation or other entity in connection with this Agreement or the Services, howsoever caused save for the event we have contributed to such loss or damage or injury.
15.3. We will not be liable to you or any other person for any liability or claim of any kind whatsoever arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any indirect or consequential loss (including but not limited to any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, access to markets, goodwill, reputation, publicity, or use) or any other remote, abnormal or unforeseeable loss or any similar loss whether or not in the reasonable contemplation of the parties.
15.4. To the maximum extent permitted by law, you will indemnify us against any liability arising from or in connection with:
15.4.1. Any act or omission by you;
15.4.2. Any breach of these terms; and
15.4.3. Any third party claim against us;
arising from or in conjunction with this Agreement, but this indemnity will be reduced proportionately to the extent the liability was caused by our negligence.
16. Force Majeure
16.1. We will not be liable or responsible for any failure to perform, or the delay in performance of, any of its obligations under the Agreement that is caused by any act or event beyond our control. Examples include, but are not limited to, acts of God, flood, fire, warfare, government laws or regulations, electrical fire, strikes by suppliers (known as ‘force majeure circumstances’).
16.2. If a genuine force majeure circumstance occurs and means that the performance of our obligations under the Agreement becomes impossible, we will contact you as soon as reasonably possible to notify you. Our obligations under the Agreement will be suspended and the time for performance of our obligations will be extended for the duration of that force majeure circumstance.
16.3. In genuine force majeure circumstances, we will endeavour to arrange a new date for the Booking with you after the event outside of its control is over. We must use all reasonable endeavours to mutually agree on a new date, but if we are unable to agree on an alternative date, the Booking will be considered cancelled under the terms outlined in Clause 4.
16.4. This clause does not apply in circumstances where an event outside of our control occurs but the circumstances still make the Booking possible (notwithstanding inconvenience or financial hardship). If events beyond our control occur (such as restrictions to numbers of guests, or density requirements) but it is entirely possible for us to provide a substantial part the Services, any choice to cancel your event is done so at your own initiative and the usual cancellation clauses in these Terms apply.
16.5. If you cancel the booking or vary the booking because the alleged event outside of our control causes mere inconvenience or changes the booking in a manner that does not suit you, our postponement and cancellation policies apply.
17. Entire Agreement
17.1. The terms and conditions contained in this Agreement constitute the entire agreement between us with respect to the Services and shall not be amended, except where mutually agreed in writing.
18.1. Both parties agree that any disputes arising from provision of the Services shall be negotiated with a view to settlement prior to either party issuing legal proceedings.
19.1. We may immediately terminate, or suspend the performance of this Agreement and you must immediately pay any money owed to us if:
we experience harmful or threatening behaviour;
you fail to provide instructions or cooperate with requests for information;
you breach a term of this Agreement and you do not remedy the breach within fourteen (14) days;
any invoice rendered by us remains outstanding;
you breach a term of this agreement which is not capable of remedy;
we give fourteen (14) days notice of my intention to terminate or suspend the performance of the agreement.
19.2. You may immediately terminate, or suspend the performance of, any agreement in the event of substantial breach by us of my obligations hereunder, where any such breach has not been remedied within 30 days of written notice from you requiring the breach to be remedied.
20. Governing Law and Jurisdiction
20.1. Any Agreement between us is governed by the laws of the state of Queensland The parties submit to the non-exclusive jurisdiction of the courts of the State of Queensland and any courts which may hear appeals from those courts in respect of any proceedings in connection with any Agreement.
21.1. If any of these terms are invalid or unenforceable in any jurisdiction, that term must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining terms or affecting the validity or enforceability of that term in any other jurisdiction.
22.1. If any provision of this Agreement is unenforceable, the provision will be severed, and the remaining provisions will continue to apply.
22.2. We may assign any rights or benefits under this Agreement to any third party.
22.3. You may only assign any rights or benefits under this Agreement with our prior written consent.
22.4. This Agreement incorporates the entire understanding of the parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.
23. Execution by Parties
This agreement must be executed by each party named. In instances where it is signed by one party, the signing party acknowledges and warrants that they have the authorisation to execute the agreement on behalf of the other party. In doing so, they also warrant that the other party has read and understood the Terms prior to providing permission to execute.
24. Execution by Corporate Body or Business
Where our Services are booked by a corporate body or business, you warrant that the authorised officer of the entity has the authority to make binding decisions on behalf of the entity.
Last updated on 27th of July 2023