The Legal T’s & C’s

The Legal T’s & C’s

NZBN:9429046038173

Weddings & Events - Flowers & Floral Arrangements

You can rest assured knowing Soul Flower Limited (“we”), will put our all into your (“you” the client) flowers and floral styling for your wedding or event. Once you have decided to proceed a non-refundable deposit of 25% of the total of the proposed event budget or $350, whichever amount is highest, is required in order to confirm your booking and secure the agreed date.

Note: no booking is deemed confirmed or date secured until the deposit has been received. The receipt of the deposit confirms YOU, the client, agrees to all terms and conditions as outlined in this agreement. own as we advocate for the very best for you and payment may be made in the form of cash or directly deposited into our nominated account. Details of the account are attached to the bottom portion of your invoice or by request.

Payments made by international transfer will be considered at the amount received in $NZ to the nominated account. Any fees incurred are at the cost to the client.

All payments need to be received no later than one month before the event/wedding. No items will be dispatched before payment is received.

Cancellations and Postponements of the wedding/function date:
In the event of cancellation at any point in time, the deposit will not be refunded. Complete cancellation of the wedding or event must be advised in writing.

We are happy to transfer your booking to another date, subject to availability, with a minimum of two months’ notice. Any postponement must fall within 6 months from the original event/wedding date booked and may be rescheduled once.

Cancellations or rescheduling within four weeks prior to the wedding or event remain payable in full.

Cancelling part of your order:
Cancellations of part of your order 3 months or less prior to the date of the function may incur a 50% cancellation fee of the total value of the order or of the portion that has been cancelled. This amount is due to be paid four weeks prior to the date of the wedding, or at the time of cancellation.

Postponing the wedding/function date:
Should you need to change the date or postpone the date of the wedding or event; you will need to inform Soul Flower Limited in writing.

Should we need to cancel your order:
In the extreme and unlikely circumstance that we may need to cancel your booking, or are unable to fulfill your order due to illness, injury, accident or any other circumstance, and we are unable to find another suitable supplier, we will inform you in writing, and refund to you any amounts you have paid to us.

If you cancel your wedding flowers no less than 4 weeks before the delivery date then we will keep your non-refundable deposit to cover consultation and administrative costs.

Cancellations within 4 weeks of the delivery date, when the full minimum payment will have been made, will be subject to only 50% being refunded minus the non-refundable deposit.

If through illness or for reasons beyond our control none of our florists are able to finish your wedding flowers we will employ a free-lancer or pass your order to an available florist who will work to our quoted prices.

If in the very very unlikely case we are unable to find an alternative florist you will be refunded in full and be given all support available to provide your wedding flowers.

If after your final payment has been received you choose to reduce the total cost of the flower order you will only be refunded 50% of the cancelled items. As we will be unlikely to take a booking of value so close to an event date and may have turned work away due to the original intended workload.

Any costs incurred by a supplier outside of Soul Flower Limited remain your responsibility.

Cancellation Policy

If your order is cancelled anytime prior to 7am on the date of delivery, your order will be refunded to the payment device you made payment with. As of 1st April 2020, a processing fee of 5% will be deducted from the total amount paid. This is enforced by the payment merchant and not something we can control. To cancel your order, simply reply to your confirmation email or contact us.

Delivery Time & Cost Policy

It is your responsibility to choose the right suburb for delivery when ordering online, to ensure the correct delivery fee is validated and timing is available. In the instance you do not choose the right suburb, we will contact you ASAP via email and/or text message to advise you of any applicable charges and timing restrictions. If we do not hear from you to confirm these, your order will be held until we hear back.

Substitution Policy

We attempt to make the finished product as close as possible to both your specifications and the pictured style. We guarantee our service by sending you photo confirmation of your gift. Please note that the finished product may differ slightly due to the availability of flowers, and colour levels in the store at the time. Similarly with containers, if suppliers are out of stock of a pictured container, vase or basket, we will use a product with a similar look.

Our focus will always be on the overall look of the gift, eg. if a bouquet features pink gerberas and orange wrap is ordered, and we do not have pink gerberas, we deem an acceptable substitute to be orange gerberas with pink wrap, in the same style.

Where possible, if significant substitution will take place, we will contact you to confirm you are OK with this. However, if the courier is about to leave - we will not risk not getting your gift there on time waiting for a reply for you and will default to the stated option in the email.

Freshest Flower Policy

It is our standard, deliberate practice to send all flowers out as tight budded flowers to give the Recipient the maximum vase life to enjoy them and ensure our 7 day quality guarantee. It also means we can ensure they arrive pristine condition, as the buds protect the petals in transit.

Money Back Guarantee - Floral Deliveries Only

We supply only fresh flowers purchased from local markets and growers and ensure items are delivered by professional floral couriers in a way to ensure they arrive in pristine condition. Provided the proper care is administered, we guarantee a minimum of 7 days of quality, or we will replace or refund the flower value at no cost.

"Quality" is defined as arriving in an undamaged state, with flowers lasting in their vase (not 'tipping over') and having been created as closely as possible to the picture on the website (noting any special instructions provided). Our guarantee does not apply in these instances:

when flowers are delivered in-bud (as stated above, this is by design)
when the Recipient does not like the flower choice made by the Sender
when upon being administered the proper care, the flower/plant state improves

We take issues regarding the quality with the utmost seriousness, therefore, we will ask you to share a photo of the flowers with us by text or email so the exact problem can be deduced, an appropriate solution agreed upon and addressed with the relevant supplier.

Receiving a Refund

Once your goods have been returned to Soul Flower Limited and passed quality checks, we will process your refund request. Your refund will either be processed in the original payment format (i.e. credit card) or as store credit, depending on your selection, within 30 days of the initial return request. All returned products will be credited to the original purchaser including GST but excluding courier charges. Credit card refunds can take up to five days after actioning before you receive funds

Pricing

All prices shown are in New Zealand Dollars and inclusive of GST (Goods and Services Tax) of 15%.

Soul Flower Limited reserve the right to alter prices on the site without notice. The price of a product displayed on the website at the time the order is received will be accepted and honoured as correct.

Payment

Soul Flower Limited accepts Visa, MasterCard, Afterpay as well as direct deposits to our bank account. We use Stripe for the processing of payments via credit card. Goods will only be dispatched once full payment has been received and funds have been cleared.

An automatic email confirmation of the order will be sent to the customer's registered email address. Soul Flower Limited reserves the right to review and/or cancel orders containing information that cannot be verified.

Cancellation of Orders

In order to provide our customers with the quickest possible delivery, most orders will be shipped within 24 hours after order details have been verified and payment has been received. If customers would like to cancel an order, you are requested to contact Soul Flower Limited within 24 hours of placing your online order. Requests for cancellation will be considered on a case-by-case basis and Soul Flower Limited will exercise its sole discretion in determining whether an order placed through the site may be cancelled.

Returns On Gifts Only

Sometimes, a product might not be quite what you wanted or is faulty or damaged. We get that, which is why Soul Flower Limited accepts returns.

Change of Mind - On Gifts Only

If you change your mind and would like to return a product within 14 days of receiving your order, please follow the returns process below. The item must be in saleable and undamaged condition, and in its original packaging. You will need to cover the cost of shipping the item back to Soul Flower Limited.

Damaged in Transit of Faulty Products - On Gifts Only

If any products arrive damaged, please notify us within 24 hours. For both damaged and faulty products, please complete the returns process below. We will likely need more information, or photos or videos, but we will discuss this with you after the request has been received. Soul Flower Limited will arrange the shipping of the item back to us at Soul Flower Limited cost.

Availability of Products - On Gifts Only

Soul Flower Limited will always endeavour to have a full stock of our items, however, we may encounter small delays in supply. Also from time to time, heavy demand. In such circumstances, the customer will be advised of the delay, the length of the delay and given product alternatives or the option of placing the product on backorder.

Gift Certificates

Soul Flower Limited certificates must be redeemed in full within 365 days of issue unless stated on the certificate, Vouchers are non transferable and not refundable.. They do not need to be used all at once, you can use the gift certificate for multiple purchases - any remaining credit will be carried over to your next purchase.

Soul Flower Limited certificates must be redeemed by the person, to whom the voucher was issued, at the shopping cart. Some purchases may require additional Funds where the price exceeds the value of the Vouchers.

Privacy Policy

Soul Flower Limited is committed to protecting your privacy and keeping your personal information safe. It is our policy that we will not sell any information that identifies you personally to any other company or third-party organisation. We do not provide any third parties with your personal details unless absolutely required as part of the order fulfilment process e.g. banks or courier companies. The server that we store your information on is kept in a secure environment. Whilst all care is taken to offer a secure system we cannot provide a 100% guaranteed secure-system. Please note, the information you provide is provided at your own risk.

When you register, place an order, or request information with Soul Flower Limited you will be asked to submit personal details including your name, mailing address, and phone number. With your permission, we also collect your email address to keep you up-to-date with offers and promotions, and for confirming your order. When you place an order we will also require your credit card information, which is processed securely using a third-party credit card processing service. Some Merchant fees may be payable at a minimal rate. Soul Flower Limited does not store your credit card details. This will only be used to charge your account for goods purchased. Should you encounter any difficulties with this, simply email us and we will attend to your query. (info@soulflower.co.nz)

Security

Our shopping cart is secure and protected by SSL encryption technology. SSL (Secure Sockets Layer) is a method of ensuring that information submitted through your website is secure and cannot be accessed by unauthorised users. When a site offers an SSL-secured form, the information submitted via that form (typically credit card information) is encrypted using a special certificate key and then decrypted with another key after it has been transmitted. When you access a site secured with SSL using your browser, a symbol displays in the browser window indicating that the site is secure.

Limitations of Liability

Our liability for any claim, damages, loss, or expense related to the supply by us of goods or services is limited to the cost paid by you for the goods or services except where statute expressly requires otherwise. To the fullest extent permitted by law Soul Flower Limited will not be liable in any event whether in breach or in tort (including negligence), contract or otherwise for any loss of profits or any consequential, indirect or special damage, loss or injury of any kind suffered by you or any other person, even if Soul Flower Limited was informed of the possibility of such damages.

Law and Jurisdiction

This website and any contract for your purchase from Soul Flower Limited is governed by and have to be interpreted under the Law of New Zealand, and will be subject to the jurisdiction of the New Zealand courts. The Laws of Sale and contracts by any other country do not apply.

Consumer Guarantees act 1993 ("the Act")

If you are a consumer under the Act and you are acquiring or holding yourself out as acquiring the goods for a business purpose, the Act will not apply. Subject to this clause nothing in these terms will affect your rights as a consumer under the Act.

Consumer Guarantees Act 1993

The provisions of the Consumer Guarantees Act 1993 ("CGA") shall not apply to any supply of Product to you, and the conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.
Where you purchase any Products from us resupply as, or incorporation into, goods or services ordinarily acquired for personal household or domestic use or consumption ("Consumer Products") you warrant that:

If you supply the Consumer Products directly to an end user/consumer you will do so using terms and conditions of supply which exclude liability for any claims under the CGA; and
if your customer acquires any Products for resupply, you will ensure that your customer and each person in the distribution chain will exclude liability in its contract for supply for any claims under the CGA

Registered Trade Mark

Soul Flower Limited (logo) and all associated assets are a registered trade mark of Soul Flower Limited Limited.

Soul Flower Limited Reserves the right to update these details at any time.