Terms & Conditions
Silk Dreams Flowers -
Terms & ConditionsLOCAL CLIENTELE (NEWCASTLE NSW)1. ConsultationsI am located at Wallsend a suburb of Newcastle NSW Australia, I am a home-based business, and consultations are by appointment only. There is visitor parking and appointments are available during the week and on weekends.
2. PaymentsPayments can be made by Cash, Direct Deposit and PayID.
3. CollectionPlease phone or email me to arrange a suitable time for collection of your order. However, if you require courier delivery, please let me know the delivery address for a quote on delivery.
NATIONAL CLIENTELE (AUSTRALIA) 1. Consultations For those brides that are outside of Newcastle you are more than welcome to contact me by e-mail or phone with the details of the flowers you would like and I can arrange to have your flowers posted to you. I deliver Australia and worldwide
2. PaymentsPayments can be made by Direct Deposit and PayID.
3. Courier Delivery
All National deliveries are made via a courier, please include your state & postcode for an accurate delivery cost. Silk Dreams flowers Delivers to: NSW, QLD, NT, WA, SA, VIC, TAS
INTERNATIONAL CLIENTELE1. DeliveriesI specialise in international deliveries and the delivery cost is generally quite inexpensive. Please send through your postal details with your quote request for a quote on postage. Please be aware "customs fees" may apply, please contact your nations custom department for more information
2. PaymentsPayments can ONLY be made by PAYPAL - I will send you a 'PayPal' invoice which converts the 1 currency automatically.
3. Postal InsurancePostage insurance can be purchased, please request a quote when sending your quote request. No responsibility is taken for damaged/lost items (I highly recommend paying the extra for insurance)
Silk Dreams Flowers Service Agreement Terms and Conditions1. Cooling Off PeriodUnfortunately, Silk Dreams Flowers is unable to provide a cooling-off period for any purchases. Please ensure that your order is correct prior to payment.
2. Payments and booking a. A 50% deposit (or the amount stated on the quote) of the total quoted amount and a signed booking form is required to secure the service of Silk Dreams Flowers. b. Silk Dreams agrees to provide the entire order as described in the quotation with all due care, on or before the specified delivery date. c. The client will complete all required details on the booking form. d. The booking is to be completed by the client’s wedding date and all payments and collections must be made prior to this date. e. All payments and bookings are subject to the terms in this Service Agreement.
3. Selection of Flowers a. The client may choose their preferred flowers from a selection of flowers provided by Silk Dreams. b. If the flowers are out of stock with Silk Dream's suppliers, Silk Dreams will notify the client as soon as practicable. The client will be offered substitute flowers of the same or higher quality, or the client may seek a full refund, subject to section 7 of this agreement. c. The client is required to check and approve the type and colour of the flowers intended to be used as shown on the quotation. Should the client be unsatisfied with the selection of flowers intended to be used or as shown on the quotation, the client should contact Silk Dreams to discuss alternatives. Once the client signs the booking form, it is assumed that the flowers intended to be used for the order have been approved by the client. d. All flowers will be ordered for the entire order following the payment of the deposit. Where the client has previously approved of the type and colour of flowers as per section 3(c) of this agreement, should the client then be unsatisfied with the selection of flowers after payment of the deposit or of the partial or full amount of the quotation, the client will be required to pay the "alteration fee" (if applicable) under section 6 of this service agreement. This alteration fee is charged each time and for each item the client requests changes for. Alternatively, the client may cancel their order subject to the conditions in section 5 of this agreement. Refunds are not available for change of mind and are subject to the conditions in section 7 of this agreement. e. The colour of some flowers may slightly change from the manufacturer or may appear a different colour due to the monitor or computer settings of the client, which is out of the control of Silk Dreams. In this event, refunds will not be available as per section 7 of this agreement. Substitute flowers will be offered to the client depending on availability. f. The client accepts that bleeding or transference of darker coloured flowers onto lighter coloured flowers is a possibility. Silk Dreams will take all precautionary measures to ensure this does not occur prior to delivery. Silk Dreams does not take any responsibility of bleeding or transference of colours after the client takes delivery of the order. g. If the client is unsatisfied with the product following the approval procedures outlined in this section, no refund will be issued unless there is a major problem with the product, as specified under section 7 of this service agreement.
4. Custom Orders a. If you provide photo or picture of a bouquet or flower arrangement to Silk Dreams that you wish Silk Dreams to replicate or recreate, please note that each florist is different, and results may vary. The photo may be of fresh flowers, artificial flowers or a combination of these and replication may result in a finished product that is not exactly the same as the photo or picture. Examples of differences that may occur include different flower types, shapes or colours being used depending on availability. b. The client accepts there may be differences between any provided photos or pictures of a bouquet or flower arrangement and the product created by Silk Dreams. c. Silk Dreams will provide a photo of the flowers intended to be used for the order within your quotation, which you must approve of prior to the arrangement being created as per section
3 of this agreement. d. The client is required to check and approve the type and colour of the flowers intended to be used as shown on the quotation. Should the client be unsatisfied with the selection of flowers intended to be used or as shown on the quotation, the client should contact Silk Dreams to discuss alternatives. Once the client signs the booking form, it is assumed that the flowers intended to be used for the order have been approved by the client. e. All flowers will be ordered for the entire order following the payment of the deposit. Where the client has previously approved of the type and colour of flowers as per section 3(c) of this agreement, should the client then be unsatisfied with the selection of flowers after payment of the deposit or of the partial or full amount of the quotation, the client will be required to pay the "alteration fee" (if applicable) under section 6 of this service agreement. This alteration fee is charged each time and for each item the client requests changes for. Alternatively, the client may cancel their order subject to the conditions in section 5 of this agreement. Refunds are not available for change of mind and are subject to the conditions in section 7 of this agreement. f. If the client is unsatisfied with the product following the approval procedures outlined in this section, no refund will be issued unless there is a major problem with the product, as specified under section 7 of this service agreement.
5. Cancellationsa. A refund will be issued for cancellations made after you have paid your deposit and completed the booking form / service agreement, minus the following charges: a. $60.00 cancellation fee b. 25% restock fee per item already purchased for your order; c. The hourly rate of $55.00 for work already completed on your order.b. Any refund is subject to section 7 of this agreement. c. The client must provide their banking details for the refund. Silk Dreams will provide the refund within 21 working days of receiving these details. d. The client must provide a written statement to cancel the agreement.
6. Alterations to order Any alterations made to your order which include: a. change the flower type; b. change in flower colour; or, c. change in design / styleare subject to a $55.00 per item / bouquet / arrangement alteration fee.
7. Refundsa. If you have a major problem with a product, you have the right to ask for a replacement or refund. A product has a major problem when: a. It is substantially unfit for its common purpose and cannot easily be fixed within a reasonable time; b. It is substantially different from the sample, description or specific order made by the customer and agreed by Silk Dreams and it cannot easily be fixed within a reasonable time; c. The product is not what Silk Dreams said it would be or what you asked for and it cannot easily be fixed and it cannot be fixed within a reasonable time.
b. Where an order has been made according to a customer’s specific request as per section 4 of this agreement, no refund will be granted unless it can be demonstrated that there is a major problem with the product.
c. Refunds are not available in the following circumstances: a. Change of mind; b. You misused the product in a way that contributed to the problem; c. You were unclear about what you wanted; d. A problem with the product was completely outside of Silk Dreams’ control.
8. Progress Photos a. Progress photos can be supplied if requested on the booking form. b. The progress photos are provided for the client to check the amount of one specific colour or shape of the bouquet only. c. Silk Dreams will provide the progress photos of one bouquet once it has been arranged where the progress photo feature is requested.
9. Postage a. The client will pay for postage (if required) for the completed order as quoted by Silk Dreams. b. The postage quote includes cost by the postal service, packaging, and handling. c. Silk Dreams will post the order within 5 working days to the address as stated on the booking form. d. If no specific delivery date is written on the booking form, the assumed delivery date is 4 weeks prior to the wedding date. e. Silk Dreams will take all due care to ensure your order is packaged correctly to prevent damage to your order during transit. However, Silk Dreams are not liable for any damages to orders once the goods are being handled by the delivery agent. Silk Dreams must be notified of any damage during the delivery of your order within 2 working days. Silk Dreams will contact the delivery agent in relation to any damage your order has received in transit. To ensure a speedy replacement of your order, all evidence of delivery and damage must be provided to Silk Dreams within 2 days. The client will be responsible for the cost of postage back to Silk Dreams. f. It is strongly recommended you purchase insurance for your delivery. Please request insurance on the postage. No payment above ($100) will be issued as per Australia Post terms and conditions should your item be damaged or lost. A custom quote can be issued for postage insurance when requested.
10. International Clients a. Customs may be payable when your order is entering your country. Please check with your customs department before ordering with Silk Dreams. b. The client is responsible for researching custom fees and payment of custom fees. c. The client is required to pay Silk Dreams in "Australian Dollars".
11. Dispute resolution If a dispute arises between the parties, the complainant must not commence any court or arbitration proceedings, except where that party seeks urgent interlocutory relief, unless it has first complied with this section:a. NotificationThe complainant must inform the respondent in writing of the following:(i) The nature of the dispute;(ii) The outcome the complainant desires; and(iii) The action the complainant believes will settle the dispute.
b. Endeavour to resolve disputeOn receipt of the complaint by the respondent, both parties will make every effort to resolve the dispute by mutual negotiation within 14 business days.
c. MediationAny unresolved dispute or difference whatsoever arising out of or in connection with this agreement shall be submitted to mediation under the Mediation Rules of the Resolution Institute.
d. Survival of this sectionThis section survives termination of this agreement.
12. Events beyond controlNeither party shall be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including but not limited to by fire, flood, riot, strike, war, restrictions and prohibitions or any other actions by any government or semi government authorities.
13. Completion of Service Agreement a. You must contact Silk Dreams Flowers within two (2) days of the following events to raise any issues, otherwise you agree that you are satisfied with the order: A. If you have received a photo of your completed order; B. If you have received your order via collection or delivery; C. Once payment has been made, whether in part or in full. b. This agreement expires and comes to an end on completion of the supply of goods, whether collected by the customer or delivered to the customer, under this agreement.
14. SeveranceIf anything in this agreement is unenforceable, illegal, or void, it is severed and the rest of the agreement remains in force.
Butlers Business Lawyers
www.butlers.net.au
1/17 Darby St, Newcastle, NSW, 2300