Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
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 govern Botanical Kate Sice’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” and www.botanicalhobart.com.au refers to the business known and Botanical Kate Sice and, where the context requires, the owners of Botanical Kate Sice, 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 www.botanicalhobart.com.au, then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern the relationship between you and Botanical Kate Sice.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that Botanical Kate Sice is not legally responsible for any loss or damage you might suffer related to your use of the website, www.botanicalhobart.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 and/or 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- 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Botanical Kate Sice’s 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 and to purchase any goods and/or services from this website.
DELIVERY OF PHYSICAL GOODS
Botanical Kate Sice 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. Botanical Kate Sice is not responsible for goods that are either damaged in transit or not received. Botanical Kate Sice should be notified immediately of damaged or lost goods. Replacement of damaged or lost items is made at the discretion of Botanical Kate Sice. It is your responsibility to ensure that the delivery details you have given are correct at the time of ordering. If the delivery details you have given are incorrect, Botanical Kate Sice will not refund any payment. All unsuccessful deliveries will result in the goods returned to Botanical Kate Sice incurring additional fees to the purchaser. Collection of goods from Botanical Kate Sice is available or the redelivery of goods. The re-delivery of goods will incur an additional delivery fee to the purchaser.
WEDDINGS & EVENTS
All quotes produced by Botanical Kate Sice for Weddings or other events (which shall be collectively referred to in these terms and conditions as “Events”) are generally valid for seven (7) days, unless otherwise stated. Full payment of all Events is required fourteen (14) days prior to Event date. Event bookings are confirmed upon Botanical Kate Sice receiving a deposit of an amount specified by Botanical Kate Sice. Deposits are non-refundable unless otherwise determined by Botanical Kate Sice, at the absolute discretion of Botanical Kate Sice. Cancellations made within two (2) weeks of a scheduled Wedding date will result in you being liable for the entire amount quoted by Botanical. All props provided by Botanical Kate Sice are the property of Botanical Kate Sice and provided on a hire only basis, unless purchased by the customer or client. Botanical Kate Sice will collect all hired items, unless specified in event order/quote. If props are to be returned by client, this must occur within two (2) days 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.
MARKETING & PROMOTION
Botanical Kate Sice reserves the right to photograph all arrangements produced by Botanical Kate Sice for promotional use, including not limited to, photographing arrangement installed at the site of an Event.
RETURNS AND/OR REFUNDS
Botanical Kate Sice handles returns and processes refunds in accordance with the Australian Consumer Protection legislation. Products sold on this website and by this business are a perishable, natural item and the life span of
that item is dependent on species, resulting in some items 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.botanicalhobart.com.au, by accepting these terms and conditions you are acknowledging there may be discrepancies between images and produced goods. Botanical Kate Sice must be notified within twenty four (24) hours of purchase of any issues with purchased or hired items. Botanical Kate Sice will not accept returns based on change of mind. In the event a customer notifies Botanical Kate Sice of any issues with items within the required time frame, and Botanical accepts that there was an issue with the item, Botanical Kate Sice may, at the discretion of Botanical Kate Sice, provide a replacement or gift certificate. The value of the gift certificate or replacement is also at the discretion of Botanical Kate Sice. Botanical Kate Sice reserves the right to request images of original goods for our records. Replacements and/or gift certificates will not be sent if the original goods have been disposed of or
images have not been produced.
LINKS TO OTHER WEBSITES
Botanical Kate Sice 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 Botanical Kate Sice and the owners of those websites. Botanical Kate Sice accepts no responsibility for any of the content found on the linked websites. Botanical Kate Sice’s website may contain information provided by third parties for which Botanical Kate Sice accepts no responsibility whatsoever for information or advice provided to you directly by third parties. The provision of that information or advice is a ‘recommendation’ only, Botanical Kate Sice is not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, Botanical Kate Sice absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Botanical Kate Sice 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 Botanical Kate Sice to bear any 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.
At Botanical Kate Sice we are committed to protecting your privacy. Our secure servers protect all information we receive from our customers. Botanical Kate Sice 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 (Cth). All information we receive from our customers, is protected by our secure servers. Our secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data collects is secured against unauthorised use or access. We do not store credit card information on our servers.
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 Botanical Kate Sice. Botanical Kate Sice expressly excludes and does not permit you to use or access its website, www.botanicalhobart.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 Botanical Kate Sice 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. Botanical Kate Sice reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
DISCLOSURE OF YOUR INFORMATION
Botanical Kate Sice may be required, in certain circumstances, to disclose information in good faith and where Botanical Kate Sice 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 Botanical Kate Sice , our customers or third parties.
Botanical Kate Sice 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.
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. Botanical Kate Sice 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 noncommercial 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.
These terms and conditions represent the whole agreement between you and Botanical Kate Sice concerning your use and access to Botanical Kate Sice’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.
This agreement and this website are subject to the laws of Tasmania and Australia. If there is a dispute between you and Botanical Kate Sice that results in litigation then you must submit to the jurisdiction of the courts of Tasmania.