Shipping policy
TERMS AND CONDITIONS
Effective Date: 3 March 2025
WELCOME
Welcome to working with Not Just A Pretty Flower. If you engage our services, continue to browse this website or deal with us in any form, you are agreeing to comply with and be bound by the following Terms and Conditions, which, together with our Privacy Policy, define our relationship with you in relation to your use of our services and this website. By using our services and/or our website, you signify your acceptance of these Terms and Conditions. For the purposes of these Terms and Conditions, “Us”, “Our” and “We” refer to Not Just A Pretty Flower (operating under ABN 34 612 398 852), and “You” and “Your” refer to you, the client, visitor, website user, or person using our website.
DEFINITIONS AND INTERPRETATION
In these Terms and Conditions, unless the context otherwise requires:
“Florist” means Not Just A Pretty Flower, a sole trader operating under ABN 34 612 398 852 in NSW, Australia, dedicated to sustainable floristry practices and inspiring a connection to nature;
“Client” means any individual, corporation, partnership, or other entity that places an order for our products or services;
“Event Services” refers to any bespoke floral design, arrangement, installation, or related services provided for events, including but not limited to weddings, private functions, corporate events, launch events, and other celebrations;
“Direct Orders” refers to orders for pre-designed products (such as bouquets and arrangements) available via our website, email, or telephone on designated delivery days or as otherwise determined by us;
“Proposal” means the detailed document issued by the Florist outlining the design concept, scope of services, pricing, payment schedule, and any specific conditions relating to an order;
“Deposit” means the non-refundable payment required to secure a booking or order, the amount of which may vary depending on the scale, complexity, and risk associated with the services requested;
“Force Majeure Event” means any circumstance beyond the reasonable control of either party, including but not limited to acts of God, natural disasters, pandemics (including COVID-19), terrorist attacks, civil unrest, strikes, or other disruptions; and
“Intellectual Property Rights” means all rights in patents, trademarks, copyrights, designs, confidential information, trade secrets, and any other rights arising from intellectual activity.
In these Terms and Conditions:
Words importing the singular include the plural and vice versa;
References to a person include individuals, companies, partnerships, associations, or other entities;
References to any statute or regulation include all amendments, consolidations, or replacements thereof;
Headings are provided for convenience only and do not affect interpretation; and
If any word or phrase is defined, other grammatical forms of that word or phrase have corresponding meanings.
ACCEPTANCE OF TERMS AND CONDITIONS
By placing an order, engaging our services, or using our website, you acknowledge and warrant that:
You have read, understood, and agree to be bound by these Terms and Conditions in their entirety;
You have the legal capacity to enter into a binding contract;
You are at least 18 years of age;
You are not insolvent or bankrupt and are able to pay any amounts that become due; and
All information you provide to us is true, accurate, complete, and not misleading.
If you do not accept these Terms in their entirety, you must:
Refrain from using our website;
Not place any orders for our products or services; and
Not engage our services in any capacity.
Any order placed by you constitutes:
Your unconditional acceptance of these Terms and Conditions;
An acknowledgement that you have read and understood our Privacy Policy; and
Your consent to the collection, use, and disclosure of your personal information as described therein.
ORDERING PROCESS
Event Floristry Services
Initial Consultation:
The process begins with a complimentary consultation during which we discuss your requirements, style preferences, event details, and budget;
You must provide accurate information regarding the event date, location, and specific requirements; and
Preliminary design concepts and general pricing guidance will be discussed.
Proposal:
Following the consultation, we will prepare and issue a detailed Proposal;
The Proposal will outline the design concept, scope of services, pricing (in Australian dollars and inclusive of GST unless stated otherwise), payment schedule, and any specific conditions; and
The Proposal remains valid for acceptance for [14] days from the date of issuance.
Acceptance and Deposit:
To secure your event date, you must accept the Proposal in writing (including by email) and pay the required Deposit within two business days of receipt;
The Deposit amount will be specified in the Proposal and is non-refundable;
Your event date is not secured until both written acceptance and the Deposit payment are received; and
No design work or preparation will commence until the Deposit is received and cleared.
Required Information:
Upon acceptance of the Proposal, you must provide:
Your full name and contact details;
Partner's full name (if applicable);
Event date and time;
Event location and access details;
Specific event requirements;
Style preferences; and
Any other information reasonably requested by us;
You warrant that all information provided is accurate and complete; and
We are not liable for any loss or damage arising from incorrect or incomplete information provided by you.
DIRECT ORDERS
Order Requirements:
Orders for bouquets, arrangements, and other standard products must include your full name, contact details, delivery address, preferred delivery time, product selection, and any specific requirements;
Orders may be placed through our website, by email, or by telephone during business hours; and
All orders are subject to product availability and our acceptance.
Order Confirmation:
We will confirm receipt of your order by email;
Order confirmation does not constitute acceptance of your order;
We reserve the right to decline any order at our absolute discretion; and
If we cannot fulfill your order, we will notify you and refund any payment made.
Payment:
Full payment is required at the time of placing the order unless otherwise agreed;
Orders will not be processed until payment is received and cleared; and
Payment methods accepted are as specified on our website or in the order confirmation.
PRICING AND PAYMENT TERMS
Pricing
All prices are in Australian dollars and include GST unless otherwise specified;
Prices are subject to change without notice;
The price payable is the one specified in the Proposal for Event Services or on our website/order confirmation for Direct Orders; and
Additional charges may apply for delivery outside our standard area, specific delivery times, express delivery, additional services or products requested after order confirmation, changes to orders after confirmation, or special handling or installation requirements.
Payment Terms for Event Services
Deposit:
A non-refundable Deposit is required to secure your booking;
The Deposit amount is specified in the Proposal;
The Deposit must be paid within two business days of accepting the Proposal; and
Work will not commence until the Deposit is received and cleared.
Progress Payments:
Progress payments may be required for larger events;
The payment schedule will be set out in the Proposal; and
Failure to make progress payments may result in cancellation of the booking.
Final Payment:
The final balance must be paid in full no later than 14 days before the event date; and
If final payment is not received by the due date, we may suspend or cancel the booking, and you will remain liable for any costs incurred.
Payment Methods
Accepted payment methods include credit card payments through our website, direct bank transfers, or other methods as specified by us; and
All bank fees and charges incurred in making payment are your responsibility.
Late Payments
If any payment is not received by the due date, we may suspend or cancel your order or booking; and
You will be liable for any costs associated with the collection of the debt, and interest may be charged on overdue amounts as prescribed by law.
CANCELLATION, POSTPONEMENT, AND REFUNDS
Cancellation by the Client
For Event Services:
All cancellations must be made in writing to hello@notjustaprettyflower.com.au;
The Deposit is non-refundable under all circumstances;
Cancellation charges will be applied as follows:
More than 90 days before the event: loss of Deposit only;
60–90 days before the event: 50% of the total order value;
30–59 days before the event: 75% of the total order value;
Less than 30 days before the event: 100% of the total order value; and
Such charges reflect our commitment of resources and the inability to accept other bookings.
For Direct Orders:
Orders may be cancelled up to 48 hours before the scheduled delivery date;
Cancellations within 48 hours of delivery will incur full payment; and
Custom or specialty orders cannot be cancelled once production has commenced.
Postponement
Requests to postpone an event must be made in writing;
Postponement is subject to our availability for the new date;
If we are available:
The Deposit may be transferred to the new date;
Any price increases or additional costs will be your responsibility; and
A new payment schedule will be issued; and
If we are not available, the postponement will be treated as a cancellation, and cancellation charges as set out in 5.1 will apply.
Force Majeure
If performance of our obligations is prevented or delayed by a Force Majeure Event, we will notify you as soon as reasonably practicable;
During such an event, our obligations are suspended for its duration;
We will endeavour to propose alternative arrangements; and
If the event persists, you may elect to either postpone the event to a mutually agreed date or cancel the order. In the case of cancellation, the Deposit will be refunded less any costs incurred, and no further cancellation charges will apply.
Cancellation by Us
We reserve the right to cancel your order or booking if:
You breach any term of these Terms and Conditions;
You fail to make any payment by the due date;
You become insolvent or enter into any arrangement with creditors; or
We reasonably believe we cannot provide our services to our usual standards;
In such cases, we will notify you in writing, and the Deposit and any other payments will be forfeited. You will be liable for any costs incurred by us.
PRODUCT QUALITY, SEASONAL VARIATIONS, AND PRODUCT CARE
Seasonal Nature and Sustainable Practices
As a seasonal florist committed to sustainable practices, we prioritise locally grown, seasonal flowers and work with suppliers who adhere to sustainable farming methods;
The availability and quality of our flowers are subject to natural seasonal variations, local weather conditions, and supply chain limitations; and
You acknowledge that specific flower varieties cannot be guaranteed and that adverse weather or market conditions may affect quality and availability.
Product Substitutions and Design Variations
In the event that specified flowers or materials become unavailable or unsuitable, we reserve the right to substitute them with alternatives of equal or greater quality while maintaining the overall design aesthetic;
Our substitution process involves evaluating available alternatives, assessing their impact on the design, and selecting substitutes that adhere to the agreed colour palette and style; and
Such substitutions shall not be grounds for cancellation, nor will refunds, credits, or compensation be provided for necessary substitutions made in accordance with these Terms.
Product Care and Handling
Fresh flowers are inherently perishable, and their longevity depends on factors such as variety, environmental conditions, handling, and care post-delivery;
To maximise the longevity of your flowers, you must follow the care instructions provided with your product, which include:
Prompt removal of packaging and immediate inspection of the product;
Placement of the arrangement in a suitable location away from hazards and other conditions, such as excessive heat, air-conditioning or sunlight, which quicken deterioration; and
Regular maintenance, such as changing water every 48–72 hours and re-cutting stems; and
We assume no liability for deterioration or damage resulting from failure to adhere to the care instructions.
DELIVERY, INSTALLATION, AND VENUE ACCESS
Delivery Terms
All delivery charges will be specified in the Proposal or order confirmation and are based on distance, time, accessibility, special handling, and equipment needs;
Delivery times are estimates and may be affected by external factors such as traffic and weather; and
In the event of delivery complications, we will notify you promptly, provide updated estimates, and suggest alternative arrangements if necessary.
Venue Access
For events requiring installation, you must secure all necessary venue permissions, permits, and security clearances, and provide detailed access instructions (including loading dock information and specific access routes);
If additional requirements such as extended waiting times or special equipment are needed, extra charges may apply.
Installation
For event installations, we will conduct a site assessment, develop an installation schedule, and coordinate with venue management;
The venue must provide safe, accessible, and adequately lit areas for installation, along with necessary utilities such as power and water;
Any modifications to the installation requirements may incur additional charges, and we reserve the right to modify or refuse installation if conditions are unsafe or non-compliant with legal requirements; and
Upon completion of installation, a site inspection and handover will be conducted, with you required to inspect and sign off on the work.
INTELLECTUAL PROPERTY RIGHTS AND CREATIVE CONTENT
Ownership
All creative designs, concepts, arrangements, sketches, and related works produced by us remain our exclusive intellectual property, including design methodologies, colour schemes, and installation methods.
Licence
You are granted a non-exclusive licence to use photographs or images of the completed work for personal or promotional purposes provided proper attribution is given to Not Just A Pretty Flower; and
Any reproduction, modification, or distribution of our intellectual property for commercial purposes is strictly prohibited without our prior written consent.
Client-Supplied Materials
If you supply any materials for use in your project, you warrant that you have all necessary rights and permissions, and you agree to indemnify us against any claims arising from their use.
THEFT, LOSS, AND DAMAGE
Hired Items
Any items provided on hire, such as vases or decorative equipment, remain our property until returned;
You are responsible for ensuring that these hired items are kept secure, protected from damage, and returned in their original condition; and
In the event of loss, theft, or damage, you must notify us immediately and will be liable for the replacement cost at current retail prices, plus any applicable administrative fees.
Our Property
Equipment and other personal property used during installation remain our property;
You must not interfere with or damage our property, and you indemnify us against any claims arising from its loss, theft, or damage.
Risk Transfer
Risk transfers to you upon delivery of the floral products or upon completion of installation and handover of hired items; and
You are responsible for the security, safe handling, and appropriate storage of all items from that point onward.
LIABILITY AND INSURANCE
Limitation of Liability
Our total aggregate liability under these Terms is limited to the amount you paid for the specific order giving rise to the claim;
We are only liable for direct losses and expressly exclude any liability for indirect, consequential, or special damages (including loss of profit, business interruption, or reputational damage).
Insurance
We maintain comprehensive insurance coverage for public liability, professional indemnity, product liability, and other relevant risks;
Our insurance covers standard business operations, event installations, transportation, and storage as specified by our policy terms; and
Where applicable, you must obtain appropriate insurance for your event, including public liability and property damage.
Indemnification
You agree to indemnify and hold us harmless from any claims, losses, or damages arising from breaches of these Terms, negligence, or non-compliance with applicable laws; and
This indemnification includes all legal costs, settlement payments, and expenses incurred in defending such claims.
FORCE MAJEURE
Force Majeure Events
A Force Majeure Event includes, but is not limited to, natural disasters (e.g. floods, storms, earthquakes, bushfires), pandemics (including COVID-19 or any other disease), industrial action, civil unrest, government directives, and other events beyond our reasonable control.
Impact on Obligations
During a Force Majeure Event, our obligations are suspended for the duration of the event;
We will notify you as soon as reasonably practicable and endeavour to propose alternative arrangements; and
If the event persists, you may choose to postpone the event to a mutually agreed date or cancel the order, in which case the Deposit will be refunded less any costs incurred, with no further cancellation charges.
PRIVACY AND DATA PROTECTION
Information Collection
We collect personal information for order fulfilment, communication, and marketing purposes; and
This information may include your contact details, payment information, event specifics, and other data you provide.
Use and Storage of Information
Your personal information is stored securely and used solely for the purposes stated;
We do not sell your personal information, nor do we retain it longer than necessary.
Data Protection
We comply with applicable data protection laws in collecting, using, and storing your personal information; and
By engaging our services, you consent to the processing of your personal data as outlined in our Privacy Policy.
DISPUTE RESOLUTION
Negotiation
If a dispute arises, you must provide written notice detailing your concerns;
We will endeavour to resolve the matter through good faith negotiations.
Mediation and Legal Proceedings
Should negotiations fail, the dispute will be submitted to mediation in NSW, with costs shared equally;
Only if mediation is unsuccessful or deemed inappropriate may legal proceedings be initiated; and
Any litigation shall be subject to the exclusive jurisdiction of the courts of New South Wales.
GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of New South Wales, the Commonwealth of Australia, and applicable local regulations.
By engaging our services, you submit to the exclusive jurisdiction of the courts of New South Wales for any disputes arising under these Terms.
GENERAL PROVISIONS
Entire Agreement
These Terms, together with our Privacy Policy and any referenced documents, constitute the entire agreement between you and Not Just A Pretty Flower;
They supersede any prior agreements or understandings, whether written or oral.
Severability
If any provision is deemed invalid or unenforceable, the remaining provisions will continue in full force and effect; and
The parties agree to negotiate in good faith a replacement for any invalid provision that reflects the original intent.
Waiver
No waiver of any breach shall be effective unless in writing and signed by both parties; and
Failure to enforce any provision does not constitute a waiver of that or any other provision.
Amendments
We may amend these Terms at any time by posting an updated version on our website; and
Your continued use of our services constitutes acceptance of any such amendments.