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TERMS OF USE

 

Last updated January 2019

Welcome to ARTOFFLORAL. These terms and conditions apply to the use of any area of our website. By accessing this Website you agree to the terms and conditions set out below even if you do not make a purchase. If you do not agree to be bound by these terms and conditions please leave our site as only visitors agreeing to be bound by the terms & conditions may visit us here at ARTOFFLORAL. If you have any questions relating to these terms and conditions please contact us at [email protected]

https//www.artoffloral.com is a site operated by ARTOFFLORAL LTD which is an NZ Limited Company having Company number: 6791034 and NZBN: 9429046699572.The email address is [email protected]

Definitions

  • ‘Conditions’ is used to mean these terms and conditions and any other special conditions
  • ‘Cookies’ is a piece of information sent by a Web server to a user’s browser. (A Web server is the computer that “hosts” a Web site, and responds to requests from a user’s browser.) Cookies may include information such as login or registration identification, user preferences, online “shopping cart” information, etc. The browser saves the information, and sends it back to the Web server whenever the browser returns to the Web site.
  • ‘Personal Information’ means the details a user provides us with when you register on our site
  • ‘Service’ means a service offered for sale on our website;
  • ‘Service Description’ means the words we use to indicate what an item or service for sale contains or how you might expect us to perform
  • New Zealand means New Zealand and its territories
  • ‘Users’ means the collective users of our website
  • ‘We/us’ means ARTOFFLORAL
  • ‘Website’ means the website located at https//www.artoffloral.com
  • ‘You’ means a user of this Website.

ARTOFFLORAL PTY LTD (“ARTOFFLORAL” “we” and “us”) offers an artificial flower arrangement leasing solution and ancillary services solution and ancillary services currently in New Zealand.

This Terms and Conditions policy becomes an agreement between ARTOFFLORAL and its customers and website users and aims to inform visitors to the website about how we operate the business for the stated aims in regards artificial flower arrangement leasing as well as:

  • How you interact or use our website, including downloading materials from any resources or information pages (the “Website”)
  • If you use any of our services or products (the “Services”) in any manner

ARTOFFLORAL is a company that delivers and prides itself on providing the best care to its clients. ARTOFFLORAL is run and owned by a dedicated team of professionals. ARTOFFLORAL specializes in offering our clients all that is required to lease artificial flower arrangements. ARTOFFLORAL can offer various leasing packages. Our clients are able to tailor a package to suit whatever is needed to assist their requirements.

Website Terms of Use

ARTOFFLORAL operates as an operator of artificial flower arrangement leasing services (“services”) in an online platform.  

Use of the website

Access

Users are provided with access to this Website in accordance with these Conditions and any orders placed by users must be placed strictly in accordance with these Conditions.

Registration

By registering on our site you agree that:

  • All the ‘Personal Information’ that you provide on registering is current, true & accurate. It is as complete as possible. Please notify us immediately of any changes to your Personal Information by contacting us.
  • You will not impersonate another person or use a false name or any name that you are not permitted to use.

Indemnity

By agreeing to these conditions you agree to indemnify ARTOFFLORAL and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your Personal Information.

We reserve the right to:

  • Change or remove this website or part thereof, either on a temporary or permanent basis, with or without notice to you.
  • Alter the conditions of use as necessary.

It is your responsibility to:

  • Check regularly to determine whether the Conditions have been changed. Your continued use of the website or any part thereof is accepted by us that you have accepted any changes or alterations. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

ARTOFFLORAL will not be liable to you or any third party for claims arising as a result of any change to or removal of the Website or part thereof; or as a result of changes to the conditions of use.

Third party links

We may provide links to other websites or resources for you to access (click through to) as you so choose. You accept and agree that, although you have chosen to enter the linked website from our site we cannot be held responsible for the availability, quality or content of these external sites. ARTOFFLORAL do not endorse and are not responsible or liable for their privacy practices, any advertising, content, products, goods or other materials or services on or available from them. Please make your own decision before visiting these sites.

Purchasing services and products from ARTOFFLORAL

The creation of a contract between you & us in an e-commerce environment takes place when the following steps take place on our site:

  • You submit your order on the web-site by pressing the ‘confirm order’ button at the end of the check-out process.
  • We will then send you by email an order acknowledgement detailing the services you have requested. This is not order acceptance.
  • As your Service is confirmed we will send you a confirmation email.
  • Order acceptance and the completion of the contract between you and us will take place on the delivery of the Service ordered unless we have notified you that we do not accept your order (see details below) or you have cancelled it in accordance with the instructions in how to cancel your order below.

Orders

All orders are subject to acceptance in accordance with the following policy:

  • We consider that order acceptance and the completion of the contract between you and us takes place on the delivery of the service you have ordered.

This contract may change if:-

  • We notify you that we are unable to accept your order – or: you have cancelled it in accordance with the instructions shown in Contract Cancellation. We may not be able to accept your order if:-
  • The service you ordered is unavailable from stock and there is no prospect of us receiving stock in the short term
  • We have been unable to obtain authorisation for your payment
  • We realise that there has been a pricing or product description error
  • You have not registered properly providing your real name, phone number, e-mail address, payment details and other requested information
  • You are under 18 years of age
  • Your credit or debit card is issued by a bank unacceptable to us

If there are any problems with your order, you will be contacted by our Customer Services team.

The sales contract is completed in New Zealand. We are able to accept orders that request a delivery address outside of the New Zealand, however, all our prices are shown in New Zealand Dollars (NZD) and use the recognised ‘$’ symbol.

We reserve the right to reject any offer to purchase by you at any time.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

Contract cancellation

Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right no longer than seven days after the day on which you receive the Products. Please note that we If you wish to change or cancel an order before dispatch please contact us at [email protected]

We will charge and admin fee of $ for all cancellations. This is to cover transaction and refund costs

And include the following details:

  • Customer name
  • Order number
  • Date of the order

Returns policy & procedure

We are confident that you will be delighted with any products or Service purchased from us it is not possible for us to provide returns for Services that have already been provided.

We will keep you informed about the progress of any replacement Services if necessary.

Description of Services

Each Service offered for sale on our website is sold on the basis of the service description. The description may outline additional conditions that relate to that item in particular. These may include but are not limited to, additional terms and conditions concerning estimated availability dates and times & guarantees.

Interpretation

We endeavour to ensure that all descriptions, prices and other details of items appearing on ARTOFFLORAL are correct and as up to date as possible. However, any information appearing on ARTOFFLORAL may not always reflect the position exactly at the moment you place an order.

In the event of changes in our range of services reserve the right to substitute a replacement service, on a like for like basis. If the new service is of a lower value than the original a refund will be made, no charge is made if a higher value substitution is made.

Payment

Our prices include GST (where applicable) at the current rate. They are correct at the time of entering the information onto the site. The total amount payable is the price of the items ordered plus any exceptional delivery charges as set out in the Delivery section of this Website. Payment can be made by any of the methods specified in the Payment section of this Website and payment will be debited and cleared from your account at the time you submit your order.

Payment options

We can accept payment from you using any of the following methods:

  • Most major credit cards including Visa & Mastercard
  • Bank transfer or direct deposit into our bank account.

Payment security

We are fully aware of our responsibilities to store any information that you provide securely.

Receipts & invoices

Each service will involve an invoice which acts as confirmation of payment.

Validation of credit/debit card

Refusal of transaction

We reserve the right to amend, alter update or remove services from this site at any time. We may, at our discretion, decline to process a transaction for any reason. If we amend, alter update or remove services, or if we refuse to process a transaction or decide to unwind or suspend any transaction after processing has begun we will not be held liable to you or any third party.

In order to purchase items on the ARTOFFLORAL website and form & enter into contracts on this site you must be over 18 years of age.

You must also:

  • Complete our registration process providing accurate and honest details including your real name, phone number, e-mail address, payment details and other requested information.
  • Confirm a delivery address.

General

Intellectual property and right to use

The content of our site, ARTOFFLORAL, is protected by a mixture of copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of our site on a computer screen, store such content in electronic form on disk or print one copy of any such content for your own personal, non-commercial use. You agree not to otherwise reproduce, modify, copy or distribute, publish or use for commercial purposes any of the materials or content on this site without our written permission.

Limitation of liability

You must bear the risks associated with the use of the Internet.

We disclaim any and all warranties of any kind, whether express or implied, in relation to the products and services provided on this site, to the maximum extent allowed under the applicable laws of NZ. We will also not be liable to you/or any third party for any consequential loss or incidental damages (including but not limited to loss of income however derived, wasted expenditure, loss of privacy and loss of data). This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

ARTOFFLORAL will use all reasonable endeavour to ensure any information we place on our site is accurate and of high quality (except on the misspellings page where potential misspellings are listed intentionally), but we make no warranties, whether express or implied in relation to its accuracy. We cannot be held responsible for the results or for any technical problems you experience as a result of using the site. Please inform us of any errors or omissions and we will endeavour to correct them as soon as is possible.

We also disclaim all & any liabilities in connection with technical problems including errors to or interruption of access to the ARTOFFLORAL site, inaccuracy, reliability of the site, not meeting your expectations or proving unsuitable or inadequate.

However, the previous paragraph does not apply to any physical products and items sold online at the site.

Severance

If any single part of these conditions should for whatever reason be considered to be unlawful, void or for any reason inapplicable, then that provision shall be severable from the Conditions and that all the remaining provisions of the conditions still apply in full.

Waiver

If for whatever reason we agree to waive a particular provision then this cannot be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each & every provision of these conditions should be considered as applicable and surviving even if for any other reason one or other of the provisions is held to be inapplicable or unenforceable in any circumstances.

Summary

These conditions form the basis of our relationship with you. We do not anticipate the need for changes but any changes must be in writing and signed by both you & us.

You agree that, if you have relied on any representation to assist you with accepting these terms & conditions they have also been made a term of these conditions and you confirm that you shall have no remedy in respect of any such representation.

Law and jurisdiction

These conditions are governed in accordance with the laws of New Zealand and the following provisions shall apply:

  1. a) These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter (including any non-contractual disputes or claims) will be governed by the laws of New Zealand and in particular by the laws and rules governing alternate dispute resolution (ALDR).
  2. b) Mediation followed by Arbitration. The parties shall endeavour to settle any dispute arising out of or relating to these terms of service, including with regard to its existence, validity or termination, by mediation. If not resolved by mediation, the dispute shall be referred to and finally resolved by arbitration in accordance with the Arb-Med Rules of the New Zealand Dispute Resolution Centre. Which is located at Ground floor, 9 Anzac Street, Takapuna, 0622, New Zealand, Phone +64 9 486 7153 Free phone (0508) dispute.

Changes to the Terms of Service

We’re constantly trying to improve our Website and Services, so we may need to change these Terms of Service from time to time as well. We will alert you to material changes by, for example, placing a notice on our Website and/or by sending you an email (if you have registered your e-mail details with us) when we are required to do so by applicable law. You can see when these Terms of Service were last updated by checking the date at the top of this page. You are responsible for periodically reviewing these Terms of Service.

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