D9E58C2B-F530-4D4F-9D36-DBA269B1C186.jpe

Terms and Conditions

PLEASE CAREFULLY READ OVER OUR TERMS & CONDITIONS AND OUR PRIVACY POLICY BEFORE RESERVING YOUR ITEM.


1.Definitions

A. “Luxe Floral design Co.”

means Luxe Floral design Co., who will be supplying the Item for the Customer to hire.

B. “Item”

means all item(s) supplied by Luxe Floral design Co. to the Customer.

C. “Business Day”

means a day that is not a Saturday, Sunday or public holiday anywhere in Australia.

D. “Customer/and or Client”

means the individual who is hiring out the Item supplied by Luxe Floral design Co., over the age of 16 and accepts the Terms and Conditions (by hiring an item on this site) of hiring the Item.

E. “Damage(s/d)”

means any damage including, but not limited to, a stain, scratch, chip, mark, missing piece/s, tear, discoloration/changes to original colour, faultiness, caused to the Item during the Hire Period, whilst in the possession of the Customer.

F. “Debt Collectors”

means any insurer, debt collection agency, or solicitor/barrister, which Luxe Floral design Co. has retained to collect any outstanding fees owed by the Customer.

G. “Delivery Date”

means the date in which the Courier makes or attempts to make the delivery of the Item to the Customer.

H. “Dispatch Date”

means the date that the Item has been sent by Luxe Floral design Co. to the Customer via Courier.

I. “Hire Period”

means the duration between the delivery date and return date.

J. “Hire Fee”

means the cost to hire the Item for the hire period.

K. “Additional Daily Fee”

means the cost of any additional day with the hire period.

L. “Insurer”

means a licenced insurance company

M. “Payment”/“Payment Card”

means Mastercard, Visa and Paypal.

N. “Penalty Fee”

means any amount owing for; a stolen, missing or damaged Item and/or the Item being returned after the return date.

O. “Personal Details”

means any personal information which include but is not limited to copy of driver’s license, passport or identification card, full name, date of birth, address, phone number, email and payment card details, which the Customer has registered onto Luxe Floral design Co.’s website.

P. “Return Date”

means the date in which the Customer must return the hired Item by. It also means the date in which the Customer must provide Luxe Floral design Co. evidence of return if requested.

Q. “Third Party”

means anyone other than Luxe Floral design Co. and the Customer – this includes, but is not limited to a friend, family member, acquaintance or unknown persons.

2. Agreement of Hire

A. An Agreement of Hire is formed once the Customer accepts the Terms and Conditions and makes payment of the hire fee. Effectively, Luxe Floral design Co. will then agree to supply the Item to the Customer for the hire period.

B. The Agreement of Hire subsequently binds Luxe Floral design Co. and the Customer to the obligations of the Terms and Conditions.

3. Payment of Hire Fee

A. Upon accepting the Terms and Conditions, the Customer will be directed to make payment, which will in effect process the Agreement of Hire (provided the payment is approved).

B. Payment will take in the form of one of the following options:

i. Bank Transfer

ii. Paypal

iii. Credit card

C. The Customer acknowledges and agrees that the Cancellation Fee is a reasonable estimate made at the time of entering into the Agreement of Hire and that it is the anticipated loss that Luxe Floral design Co. will suffer by reason of cancellation.

D. The Customer acknowledges and agrees that Luxe Floral design Co. will keep the Customer’s personal details confidential until the Customer returns the Item to Luxe Floral design Co., except in the following circumstances;

i. In the event that there are debts owing for a stolen and/or damaged Item, Luxe Floral design Co. will keep the Customer’s personal details until all and any penalty fees are paid in full; and

ii. If the Customer is a one-off Customer who is not registered with Luxe Floral design Co. and fails to return the Item at all, on time or without damage(s), Luxe Floral design Co. will keep the Customer’s personal details until all penalty fee(s) are paid.

iii. If the Customer has any unpaid fees such as; additional daily fee, damage fee etc Luxe Floral design Co. will bill the owing amount to the Customer.

E. The Customer acknowledges and agrees that Luxe Floral design Co. can and will use the Customer’s personal details if the Customer is in breach of the Agreement of Hire which may include, but is not limited to the following;

i. Damage(s) caused to the Item;

ii. Stealing the Item;

iii. Returning the Item after the return date; and

iv. Any cancellations that render a penalty, pursuant to Clause 6C.

4. Damages

A. Where an Item has been returned with damage(s), Luxe Floral design Co. will charge a Penalty Fee, minimum of $150 for a plinth and a minimum of $300 per floral number, and charge the Customer for any additional costs related to fixing the Item, and subsequently take any necessary action at its sole discretion without notice.

i. The Customer will be emailed and advised of the amount owing.

ii. Within 48hours of having emailed the Customer, Luxe Floral design Co. will then either attempt to charge the customers card for the damage fees and/or commence debt recovery action against the customer unless stated otherwise.

B. Where the Penalty Fee is not able to be paid in full as advised by the Customer, Luxe Floral design Co. will make one attempt to contact the client to organise a repayment plan.

5. Stolen or Unreturned Goods

A. In the event that the Customer or any third party has stolen, lost or has not returned the Item, Luxe Floral design Co. will withdraw the full replacement cost from the customers card. The Customer will be notified via email within 48 hours of the charge taking place. If Luxe Floral design Co. isn’t able to charge the Customer’s card, Luxe Floral design Co. will commence debt recovery action against the customer unless stated otherwise.

i. Where Luxe Floral design Co. is satisfied that the Customer has stolen the Item, Luxe Floral design Co. will provide the Customer’s personal information to the Police and/or Debt Collector for prosecution.

B. In the event that the Customer is able to locate and return the Item after it has been stolen or lost, the Customer will be refunded the full value of the Item provided that Luxe Floral design Co. is satisfied (at its sole discretion) that the following is evident:

i. That the Item has not been damaged in any way;

ii. That the Customer has provided a truthful statement of how the Item was located.

The Customer, will however be charged a Penalty Fee at a flat rate of $150 per plinth and $300.00 per floral number, and an additional $50.00 for every late day after the return date.

C. In the event that the stolen Item has been returned and is damaged, Luxe Floral design Co. will also charge the Customer a Penalty Fee, pursuant to Clause 4 of these Terms and Conditions.

D. Where the full value of the Item is not available to be paid in full by the Customer, Luxe Floral design Co. will make one attempt to contact the client to organise a payment plan.

E. The Customer is liable if the Item is not returned in the same condition that it was received.

6. Delivery and Return

A. All orders must be placed at least 24 hours before the desired delivery day.

i. If the delivery address is further than 50kms from Lugarno (2210 NSW), we will unfortunately have to cancel the order.

B. the Customer will be advised of a delivery time frame (2 hour window) which is dependant on traffic.

C. Delivery date takes effect when the Customer receives the delivery, or when delivery is attempted. If no one is available to accept the delivery; and re-delivery is required, the Customer will be charged a further $100.

D. Return date takes effect as soon as the Customer Item has been picked up or revived by Luxe Floral Design Co.

i. The Customer has the responsibility to take care of the Item in accordance to Luxe Floral design Co.’s instructions to ensure that it is protected, subject to minimal damage and is returned in the same condition it arrived.

ii. The Customer will be liable for any damage(s) made to the Item via transit if it was not packed/protected in accordance to Luxe Floral design Co.’s packing/transporting instructions

iii. The Agreement of Hire and hire period will cease at the moment the item is received upon return.

iv. The Customer no longer has responsibility or liability over the Item after the return date unless there is an outstanding amount due; or the Item has been damaged whilst being hired or returned due to poor handling or transporting as deemed by Luxe Floral design Co..

v. The Customer will be responsible and liable for any damages that occurred during the hire period.

E. Luxe Floral design Co. will deliver the Item via Courier. The Customer must be aware of the following;

i. A 2 hour delivery window will be provided the day before delivery;

ii. The delivery window may change to include an additional hour either before or after depending on traffic conditions;

iii. If the courier company fails to deliver an item on time for the customers hire start date, the customer is entitled to a credit of the hire price for a period of 6 months; or a refund excluding the courier fee of $100.

vi. If the customer has given Luxe Floral design Co. the wrong address or the customer is not available to receive the delivery and a re-delivery is required, the customer be charged $100.

F. The Customer will be liable for a minimum penalty fee of $50.00 for every late day until the Item has been returned to Luxe Floral design Co.. 

i. The amount owing will be emailed to the Customer.

ii. Within 48 hours of having billed the Customer, Luxe Floral design Co. will then attempt to charge the customers card and/or pursue debt recovery action unless stated otherwise by Luxe Floral design Co..

G. If the return date lands on a public holiday the individual will not be charged a late fee.

7. Repayment

A. In the event that the Customer cannot pay for any penalty fee for losing the Item, damaging the Item and/or returning the Item late, Luxe Floral design Co. is willing to enter a reasonable short-term payment plan at its sole discretion.

B. If the Customer defaults on the agreed payment plan, Luxe Floral design Co. will resort to taking legal action through its nominated debt collectors at its sole discretion without notice until all penalty fee(s) are recovered from the Customer by Luxe Floral design Co..

8. Cancellation

A. All or any cancellations must be made by the customer 72 hours prior to the dispatch date;

B. Where cancellations are made less than 72 hours prior to the dispatch date and the Item has already left Luxe Floral design Co.’s vicinity, the Agreement of Hire will continue to be in effect until the return date. The Customer will be bound by the Terms and Conditions and its obligations and may use the Item as per the Agreement of Hire.

i. Regardless of whether the Customer chooses to use or not use the Item, the Customer will be charged the Hire Fee.

ii. If client decides to cancel more than 72 hours prior to dispatch date 30% of the hire fee will still only be held and charged by Luxe Floral design Co. and can be used as a credit valid for 12 months from the cancellation date.

iii. All cancellations will forfeit 30% of the hire fee. There are special exceptions in place that can be considered on a case by case basis. Please contact us via email to state your case.

C. Where cancellations are made less than 72 hours prior to the Dispatch Date and the Item has not left Luxe Floral design Co.’s vicinity, the Agreement of Hire will cease and the Customer will be refunded 50% of the Hire Fee. This amount can be used as a credit valid for 12 months from the cancellation date.

i. 30% of the Hire Fee will only be held and charged by Luxe Floral design Co. in this circumstance;

ii. The Customer acknowledges and agrees that part 8C(i) is implanted to anticipate the loss that Luxe Floral design Co. will suffer by reason of the late cancellation.

9. Luxe Floral design Co.’s Obligations

Subject to the Terms and Conditions, Luxe Floral design Co. has the following obligations to the Customer:

A. To process all Agreement of Hire in a timely manner;

B. To ensure that the Customer receives the Item by the time the hire period takes effect;

C. To keep the Customer’s entire account confidential, unless Luxe Floral design Co. is satisfied that the Customer has committed a criminal offence by way of theft and/or fraud of the Item. In that case, the Customer’s entire account will be released only to its Insurer and the Police and/or Debt Collector for prosecution purposes. The customer may also be named publicly to warn other entities.

D. To not mislead or deceive the Customer in any way in relation to the Hire Fee or conditions of the Item; and

E. To make a maximum of 2 attempts to contact the Customer (i.e. mobile, SMS, email and/or letter) when the Item has not been returned before releasing the Customer’s details to the Insurer or Police.

F. Luxe Floral design Co. has the right to refuse anyone who does not meet the security requirements, including but not limited to; identification, proof of residential address etc. If the Customer refuses to provide the required details, Luxe Floral design Co. will forfeit the hire booking and refund 70% of the total hire fee.

10. Customer’s Obligations

Subject to the Terms and Conditions, The Customer has the following obligations to Luxe Floral design Co. and the Item:

A. To ensure that the Item is not damaged or stolen by themselves or a Third Party;

B. To return the Item by the agreed return date;

C. To not transfer possession of the Item to a third party; and

D. To notify Luxe Floral design Co. and make a police report if the Item has been stolen.

E. To pay any and/or all Penalty Fee(s) that they have incurred in a timely matter which has been set out by Luxe Floral design Co..

F. To ensure you provide Luxe Floral design Co. with photos of a true and valid drivers license and/or passport.

G. Luxe Floral design Co. reserves the right to cancel an order if we believe documentation supplied is not valid or is fraudulent. If this is the case, the customer will receive a full refund. However, if the customer chooses not to supply Luxe Floral design Co. with additional documentation to prove validity upon request, the customer will forfeit 30% of the hire fee, excluding shipping costs.

11. Privacy

A. By hiring an Item from Luxe Floral design Co., the Customer accepts and understands that Luxe Floral design Co. will take appropriate steps to verify the Customer’s identification should any issues arise.

B. By agreeing to the Terms and Conditions set out by Luxe Floral design Co. in an Agreement of Hire, the Customer accepts and acknowledges the following;

i. The Customer’s Personal Details will be released to the Insurer and Police and/or Debt Collector if Luxe Floral design Co. is satisfied that the Customer has stolen the Item.

ii. The Customer’s personal details will be released to the Insurer and Debt Collector if the Customer has failed to pay any and/or all penalty fees in a reasonable amount of time which Luxe Floral design Co. has provided to the Customer.

C. By agreeing to the Terms and Conditions, the Customer acknowledges that the Customer has read and also agrees to the privacy policy.

12. Indemnity

A. The Customer agrees to indemnify and not hold Luxe Floral design Co. and any of its partners, employees, subsidiaries and affiliates of any loss, liability or claim arising out of the Agreement of Hire.

13. Terms and Conditions

A. By entering into the Agreement of Hire, the Customer agrees to the following:

iii. That the Customer is bound to the entirety of the Terms and Conditions that Luxe Floral design Co. has set out;

iv. That the Customer’s failure to make payments for stolen or damaged Item will warrant Luxe Floral design Co. to notify the Police and/or Debt Collector to prosecutor and/or recover the owing amount; and

v. That the Terms and Conditions may be subject to change at any time, thus, the Customer must read the Terms and Conditions each and every time a new Agreement of Hire is made with Luxe Floral design Co..