Terms and Conditions

WEBSITE TERMS AND CONDITIONS

OVERVIEW

This website is operated by BloombarFlowers. Throughout the site, the terms “we”, “us” and “our” refer to BloombarFlowers. BloombarFlowers offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall BloombarFlowers, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless BloombarFlowers and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@sveltestudios.com.

EVENT/QUOTE TERMS AND CONDITIONS

Quotes

Quotes are valid for 30 days. After this date BloomBar has the right to update and amend the quote.

We cannot hold dates or provide tentative bookings. To confirm your quote and secure your date, we require an initial non-refundable 10% payment and approval of these terms + conditions.

It is your responsibility to review all event details, including the date, wedding venue, and quantities of items to be delivered.

Booking Confirmation

Booking is confirmed with these terms + conditions upon receipt of initial non-refundable 10% payment.

This initial payment is non-refundable. It is compensation for our work done to date, and is required to secure our services for your chosen date, and possibly precludes us from booking another event. This payment will be deducted from the total owing.

10% Booking deposit agreement confirms you have proofread and approved all the details of your event.

Changes to the quote can be made under the conditions outlined in the “Changes to Quote” section.

Payment Terms

50% payment is due 2 months prior your event date. This secures the procurement of stock from our farmers and suppliers.

All prices unless otherwise stated are prior to GST.

The balance owing on your order is due 14 days prior to your wedding date.

We cannot deliver any items or event designs without final confirmation of payment receipt.

Payments can be made by direct deposit.

Changes to Quote

Upon accepting this quote, you are agreeing to the items and to the total value listed.

Should you wish to make changes to the items in this quote, we require a minimum of 30 days notice before your event date.

Changes to your event date and venue can only be made under the conditions listed in the “Rescheduled & Relocated Events” section.

All changes must be made in writing to hello@bloombarflowers.com

Sustainability Offering

The 20% sustainability charge to quote pertains primarily to the implementation and additional costs involved in creating mindful mechanics, stock levels, labour and florist sundries.

If the desire for “local” - Australian grown - this will need to be expressed to BloomBar, as this will be a consideration above the 20% charge, and possibly impactful to the overall aesthetics and mechanical design.

The floral variety choices will be decided appropriate to each individual design, and longevity needed - this may require utilising imported or hot-house grown flowers, noting this is not always a holistically “sustainable” inclusion.

Event Cancellations

If the client decides to cancel this agreement, it must be done in writing to events@bloombarflowers.com at least 30 days before the event.

Events cancelled within 30 days of the event date total moneys remains payable by 50%, regardless of the circumstance, unless agreed otherwise in writing.

Events cancelled within 14 days of event date are entirely non-refundable.

If you cancel your event and provide more than 30 days notice, the initial payment made remains non-refundable. Moneys paid above and beyond the initial 10% payment will be refunded.

We reserve the right to cancel the contract at any time. In this instance, you are entitled to a full refund (including the initial 10% payment).

In an unlikely event BloomBar cannot fulfil the client order for reasons out of our control like, but not limited to, illness, accident, injury, or acts of God we reserve the right to engage substitute staff and companies of our choosing to fulfil the order.

Rescheduled & Relocated Events

The client must advise of any change to the event venue or event date in writing to events@bloombarflowers.com

We will do our best to accommodate new dates or location changes however we cannot guarantee our availability.

If we are unavailable on your new event date, or are unable to accommodate your change of venue, the initial 10% payment made remains non-refundable.

If we are available on your new event date, or able to accommodate your venue change, the initial payment made will be transferred to the new date. A new contract and quote will be drawn up taking into account the changed circumstances. (For instance, wholesale product prices fluctuate through the season, delivery and hourly wages vary depending on venue set-up requirements.)

In the case of postponement, a ‘Seasonality Re-Design Fee’ of $350 will be charged for the new design and concept of floral.

Price Variations

We will make every effort to honour the original agreed price, however the current volatile nature of shipping (national/international) dramatically affects wholesale flower prices.

Any price increases will be formally advised to you in writing and a recommendation provided to the client at least 30 days prior to your event date.

Product Substitution & Availability

All flowers and foliages are subject to seasonal quality and availability.

Unfortunately we cannot guarantee availability, exact colours or shades of specific product. When working with natural product, there are no guarantees. Unseasonably warm, wet or cool seasons have a dramatic impact on flower and foliage availability.

Regardless of the availability of specific products, we will always adhere to the agreed colour palette and style of floral design, as outlined in our supplied design inspiration.

We reserve the right to substitute all products to ensure the highest quality ingredients are used. If needed, a final consultation can be arranged to discuss alternative options.

Containers and vases may change due to supplier issues, we will substitute the selected product with items of greater or equal value, in line with the overall look and feel for the event.

All efforts will be made to deliver the products stated above. In the event supplies cannot be meet due to conditions out of BloomBar’s control as a result of, but not limited to, seasonal unavailability, poor quality, weather conditions, freight/import and/or quarantine issues, or acts of God, government restrictions, or pandemic. BloomBar reserves the right to substitute floral varieties to maintain high quality floral delivery and brand representation.

Refunds will not be given for minor changes in flower type or appearance.

Delivery & Collection

BloomBar will only guarantee the condition of the floral product up until delivery (or collection) and the finale of the event set-up procedure, after which time care of flowers becomes the responsibility of the client. BloomBar will not hold responsibility for any damaged cause during the event.

BloomBar reserved the right to withhold delivery if payment has not been received in full.
Unless specified, at time of collection all floral will be collected and mindfully disposed. We cannot guarantee the condition of floral at the conclusion of the event.

Hired Pieces

All hire items remain our property and are provided on a hire only basis, unless purchased by the customer. Unless stated all Vases, Candles/Holders, Preserve & Faux stock will be included at a hire price.

All hire pieces must be returned to us within 72 hours of the wedding, unless agreed otherwise.
Please advise your guests that all hired items (e.g. Preserved & faux floral , vases & votives) must not be removed from the venue, otherwise you will be charged the full cost of replacement of each item not returned to us.

Unbroken return of all hired stock is your responsibility.

Lost, broken or damaged stock on hire from us must be paid for in full, by you.

We reserve the right to charge an additional holding fee for hire items. We also reserve the right to charge the client full replacement costs for items damaged, lost or broken.

Photographs & Video Footage

We retain the right to photograph all finished work and use photographs of your wedding/event in our marketing efforts. This includes, but is not limited to social media, brochures, websites, Pinterest, advertising, magazine submissions and other publications related to self-promotion and marketing.

Photos taken by us of your arrangements remain our property. Our photos are not to be reproduced, copied or edited in any way by you or any third party without our prior permission.

Any photos provided to us by your photographer will only be used by us for promotion and marketing of our business. Photographer’s credits will only be displayed if requested.

We reserve the right to hire an independent photographer to capture our work on the day. Usage of these images will be limited to our own marketing and self-promotion applications.

In the event images of BloomBar’s floral work is published, in print, or on social media platforms, we appreciate and require full credit. BloomBar reserves the right to publish all images in this instance for for its own social platform.

Installations + Large Scale Designs

It’s the client’s responsibility to advise the venue / events manager regarding the scope of designs.

The responsibility remains with the client to seek the required permissions from the venue to construct any hanging, suspended or other uncommon floral installations.

We cannot be held responsible or liable for any instances where work cannot be completed and achieved due to a lack of permission or safety at the venue.

Supplying Your Own Vases + Structures

Please check that your vases and vessels are water tight before you drop them off to us.

If 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.

We won’t provide refunds for any work that cannot be completed by us on the event day due to faulty or unsafe materials provided by the client.

We cannot be held responsible for any damage done to items hired by the client.

Privacy

We respect your privacy. Your names, wedding date, contact details, order information & pricing will be treated with complete privacy.

We will not speak with any media representative or release any information unless you give us consent to do so. We request you do the same and do not disclose order and pricing details to anyone without our express written consent.

Marquees

In the event of hot weather, paired with the use of a marquee, BloomBar can not guarantee that floral components will not be effected by the heat. We always give our upmost for this not to be an issue, but this can sometimes be outside of our control. We recommend installation of an air-conditioning unit in conditions over 30 degrees.

Temperatures in excess of 22 degrees and/or full sun in a clear span marquee, clients will be required to install a white sheet cover that can be removed an hour before the commencement of the event.

Installation within Marquees over 30 degree weather will incur a cost of refrigeration transport.

Extreme Weather Conditions

In the instance of extreme weather (wind, rain, heat, or cold), we will always put safety first and will follow government advice regarding any event including flooded roads and bushfire evacuations.

We cannot be held liable for the impact extreme weather conditions have on our ability to safely do our job.

Extreme temperatures and high winds have a dramatic impact on flowers. While we will do our best to go above and beyond, we cannot be held responsible for damaged florals as result of weather.

If the weather conditions hit or exceed 40 degrees, BloomBar reserve the right to cancel all hanging installations due to Work Safe SA code requirements OH&S.

Impact of COVID-19

We take public health seriously and adhere to all health and safety requirements: masks, proper sanitary measures and social distancing are a part of our basic service standards.

Where we cannot safely perform our duties as a direct result of COVID-19, we will advise the client in writing.

Should we be required to quarantine in the lead up to your event date, we will advise you in writing and provide you with our plan of action.

Should someone from your event contract COVID-19, it’s your responsibility to advise us in writing as soon as possible.

Force Majeure

In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

In the instance the force majeure event results in the cancellation or relocation of the wedding within 30 days of the planned date, and the wedding date is unable to be rescheduled or relocated by mutual agreement as per this Agreement (Rescheduled & Relocated Events), you agree that you will be liable for the initial 10% payment; and an amount equivalent to the cost of any flowers or materials purchased by us to meet our obligations under this Agreement.

If event/floral cancellation occurs due to conditions out of BloomBar’s control as a result of, but not limited to, ‘Force Majeure’, seasonal unavailability, Pandemic, poor quality, weather conditions, freight / import quarantine issues, acts of God, and/or government imposed restrictions. BloomBar reserves the right to be payed total quote charges if cancellation occurs 30 or less days prior event date.