Terms and Conditions 

Subheading

1. Acceptance

You acknowledge that you have read and accepted these Terms and
Conditions of Sale.

2. Quotes

a) SUGAR BEE FLOWERS will have an Initial Consultation with You
before a Quote is prepared. During the Initial consultation,
SUGAR BEE FLOWERS will discuss colour themes, styles,
designs based on your specific requirements including booking
terms and conditions.
b) After the Initial Consultation, SUGAR BEE FLOWERS will provide
you with a Quote which will be valid for 14 days from the date of
the Quote.
c) If required, SUGAR BEE FLOWERS will have another
consultation with you if there are any substantial variations to your
requirements after the Initial Consultation.
d) Each Quote given by SUGAR BEE FLOWERS for the provision of
Goods and/or Services to You will be a separate binding
agreement between You and SUGAR BEE FLOWERS if accepted
by You and subject to the payment of a Deposit by You.
e) Your booking will not be confirmed by SUGAR BEE FLOWERS
without payment of a non-refundable Deposit. You are deemed to
have accepted the Terms and Conditions of Sale when You make
payment of the Deposit.
f) The Deposit paid by You will be credited towards payment of the
Price of which the Balance must be paid in full at least 14 days
prior to the date of the Event. If the Quote is accepted by you less
than 14 days prior to the Event, than payment of the total Price
must be made in full upfront to secure the booking.
g) Upon receipt of payment of the Price in full, SUGAR BEE
FLOWERS will order the flowers and arrange other Goods and/or
Services required for the Event.

3. Variations

a) After the payment of the Deposit, SUGAR BEE FLOWERS allow
you to request one free revised Quote for any variations to the
original style and designs on which the original Quote is given.
SUGAR BEE FLOWERS has the discretion to require you to
maintain the Minimum Spend, and You cannot request any
variations less than one (1) month prior to the Event.
b) No requested variation by You is accepted unless confirmed in
writing by SUGAR BEE FLOWERS. You must pay any increase in
the Price due to any variations requested by You (if any). If You
request any variations less than one (1) month prior to the Event,
then the original booking will remain unchanged.
c) If You have provided SUGAR BEE FLOWERS with images of floral
arrangements, these images will be used by SUGAR BEE
FLOWERS as a guide only. SUGAR BEE FLOWERS will use its
best endeavours to create the floral arrangements to reflect your
ideas, style, colour theme and mood boards for your Event as
described in the Quote however, You acknowledge that the floral
arrangements to be supplied by SUGAR BEE FLOWERS for your
Event may not be a replicate of any photo images supplied by you
and that individual flowers and arrangements may vary to an extent
due to the inherent nature of flowers and plants. If flowers and Props
selected by You are unavailable, SUGAR BEE FLOWERS may
need to substitute the flowers and Props with another of similar
design, colour and equal value but will notify you before any
changes are made.

Subheading

4. Cancellation

a) If You need to cancel your booking, You acknowledge that SUGAR
BEE FLOWERS have incurred time and expense during the period
leading up to the cancellation, and in addition to the non-refundable
Deposit, You will reimburse SUGAR BEE FLOWERS for all items
that have been specifically ordered for the EVENT if You cancel
the booking after orders have been made with suppliers by SUGAR
BEE FLOWERS for your Event.
b) Irrespective of the reason for cancellation You need to provide
notice in writing to SUGAR BEE FLOWERS.
c) If You cancel your booking more than one (1) month prior to the
Event, then your only out-of-pocket expenses is the non-refundable
Deposit.
d) If You cancel the booking after all items that have been ordered by
SUGAR BEE FLOWERS specifically for your EVENT, then you will
be fully liable for the Price quoted and all payments made by You
will be non-refundable if SUGAR BEE FLOWERS is unable to
cancel any orders placed with its suppliers.
e) If You cancel the booking after you have paid the Price in full and
SUGAR BEE FLOWERS have not yet ordered the items
specifically required for the EVENT, then you may be entitled to a
refund of monies paid by You less the non-refundable Deposit.
f) If You need to change the date or postpone the date of your Event
due to an Uncontrollable Event or for any reason whatsoever,
SUGAR BEE FLOWERS will accommodate your request for a
change of date subject to availability and price increase (if
applicable), and provided the new date is within 12 months from
the original date of the Event. If SUGAR BEE FLOWERS cannot
accommodate your Event on the new date chosen by You, then in
addition to the non-refundable Deposit, You will reimburse SUGAR
BEE FLOWERS for all items that have been specifically ordered
for the EVENT for the original date if SUGAR BEE FLOWERS is
unable to cancel any orders placed with its suppliers.
g) SUGAR BEE FLOWERS may cancel a booking if SUGAR BEE
FLOWERS is unable to supply the Goods and/or Services for any
reason whatsoever. If SUGAR BEE FLOWERS cancels the
booking for any reason other than a breach by You (e.g. your failure
to pay the Balance by its due date), You will be entitled to a full
refund of all monies paid by You towards the Price. If the
cancellation by SUGAR BEE FLOWERS is attributed to your
breach of the Contract, then You will not be entitled to any refund
of monies paid by You.

5. Payment

a) Unless otherwise agreed by the parties in writing, You must:
i. pay the Deposit upon acceptance of the Quote; and
ii. pay the Balance no less than seven (7) days immediately
prior to the date of the Event.
b) Payments may be made by cash, credit card, electronic funds
transfer or by direct deposit and without deduction to the bank
account nominated by SUGAR BEE FLOWERS. Credit card
payments will attract a surcharge.
c) Time for payment of the Balance shall be of the essence of the
Contract and if You fail to pay the Balance when due SUGAR BEE
FLOWERS may treat the Contract as repudiated by You without
incurring any liability whatsoever to You in respect thereof.
d) You shall not be entitled to make any deduction from the Price of
the Goods and/or Services in respect of any off-set or counter
claims without prior written consent of SUGAR BEE FLOWERS.

6. Delivery

a) SUGAR BEE FLOWERS will deliver the Goods and/or Services to
the Event Location at the Delivery Time on the Delivery Date.
b) You may vary the Event Location and the Delivery Time at any
time in writing to SUGAR BEE FLOWERS up to 24 hours prior to
the Delivery Time specified in the Quote provided.
c) Where the Event Location or Delivery Time has been varied due
to an Uncontrollable Event or for any reason whatsoever, SUGAR
BEE FLOWERS reserves the right to make amendments to the
Goods and/or Services specified in the Quote as reasonably
necessary to preserve the overall quality and aesthetic of the
Goods and/or Services.
d) If the Event Location is more than 30 kilometres from SUGAR BEE
FLOWERS’ place of business, then SUGAR BEE FLOWERS
reserves the right to charge You for SUGAR BEE FLOWERS’
reasonable travel costs.
e) If You direct SUGAR BEE FLOWERS to deliver the Goods and/or
Services to a third party, then You release SUGAR BEE
FLOWERS from any claims which You may have against SUGAR
BEE FLOWERS upon completion of the Services by SUGAR BEE
FLOWERS on the Delivery Date.
f) You are responsible for ensuring that SUGAR BEE FLOWERS
has safe access to the Event Location up to 4 hours prior to the
commencement of the Event. If SUGAR BEE FLOWERS cannot
complete the installation of the floral arrangements due to no fault
of their own because they are denied access to the Event location
or are presented with unsafe working conditions, then SUGAR
BEE FLOWERS will leave the floral arrangements and Props at
the Event Location.
g) If you require SUGAR BEE FLOWERS to install the floral
arrangements outside the standard set up times between 9am and
5pm, then an additional charge will apply to cover staff overtime.
h) You are deemed to accept the delivery of the Goods and/or
Services into the care, custody, and control of You upon delivery
of all Goods and/or Services at the Event Location on the Delivery
Date.
i) Arches and hanging installations are constructed as temporary
structures for decorative purposes. You have the responsibility to
ensure that these installations are not misused at the Event.
j) SUGAR BEE FLOWERS is not responsible for damage to bridal
party flowers and floral arrangements caused by or which arises
from misuse, abuse, and mishandling by any person other than
an employee of SUGAR BEE FLOWERS.
k) All Props are your responsibility from the Delivery Time until they
are returned to SUGAR BEE FLOWERS. All props must be
returned to SUGAR BEE FLOWERS no later 2 days after the
Event failing which You will be charged for the full replacement
cost of any missing items.

Subheading

7. Adverse Weather Conditions

a) It is your responsibility to have an adverse weather plan in place.
You must include SUGAR BEE FLOWERS in the decision-making
process in relation to changes to Event Location as they may affect
the installation of the floral arrangements and Props.
b) You must provide SUGAR BEE FLOWERS with no less than 24
hours’ notice in advance if the weather conditions are forecasted
to be so severe that the Event will be cancelled or delayed or if you
wish to implement the adverse weather plan.
c) While SUGAR BEE FLOWERS will use their best efforts to make
substitutions of flowers and Props due to adverse weather, You
acknowledge that substitutions of flowers are subject to availability
and the quality of the flowers available at the time of substitution.
d) As part of the adverse weather plan, You acknowledge that there
will not be sufficient time for SUGAR BEE FLOWERS to completely
alter any floral arrangements except for appropriate substitutions
where available, and that the placement of floral arrangements and
Props will be determined by SUGAR BEE FLOWERS based on
their creative expertise and restrictions in the alternative venue.
Floral arrangements will be placed so that they can be protected,
to the extent possible, from harsh direct sunlight, heavy rain or
strong wind.
e) SUGAR BEE FLOWERS will not be responsible for any damage
caused to the floral arrangements due to adverse weather
condition and reserve the right to remove any flowers from display
if they have been damaged by adverse weather at the time of
delivery. Any items which are not useable due to adverse weather
will still incur the full hire fee.
f) You assume full responsibility for damage to the floral
arrangements and Props due to adverse weather. You agree to
pay for the costs to replace the damaged Props. Replacement cost
of damaged Props may be charged after the Event.
g) No refunds will be given for any Event held in adverse weather
conditions because of changes made by SUGAR BEE FLOWERS
to accommodate your Event during adverse weather conditions.

8. Risk and Title

a) Except as otherwise provided herein, the Goods and Props shall
be at Your sole risk immediately on the Delivery Date after they
are completely installed.
b) Property and title in the Props will not pass to You until such time
when the Props are paid by You for in full.
c) You acknowledge that the Props will remain the sole and
exclusive property of SUGAR BEE FLOWERS and are to be
returned to SUGAR BEE FLOWERS in the same condition as they
were delivered.
d) You agree to indemnify SUGAR BEE FLOWERS against any loss,
damage, claim, or liability arising from or in connection to any
improper or unintended use, storage, misuse, handling of the
Props belonging to SUGAR BEE FLOWERS.
e) If You have hired Props from a third party, You assume full
responsibility for damage to all third party props. You agree to pay
for the costs to replace any damaged third party props and to
indemnify SUGAR BEE FLOWERS against any loss, damage,
claim, or liability arising from or in connection to third party props.

9. Warranties and Exclusions of Liability

a) SUGAR BEE FLOWERS warrants that it will use its best
endeavours to create the floral arrangements to reflect your ideas,
style, colour theme and mood boards for your Event as described
in the Quote but it cannot warrant that the floral arrangements will
be a replicate of any photo images supplied by you.
b) You acknowledge and agree that:
i. individual flowers and arrangements may vary in shades,
shapes, and sizes to an extent due to the inherent nature of
flowers and plants. If flowers, foliage, and Props selected by
You are unavailable, SUGAR BEE FLOWERS may need to
substitute the flowers, foliage and Props with another of
similar design, colour and equal value but will notify you
before any changes are made. SUGAR BEE FLOWERS
cannot be responsible for variations and substitutions
necessitated by mother nature or unavailability.
ii. You have not relied upon any statement, representation,
warranty, guarantee, condition, advice, recommendation,
information, assistance, or service provided or given by
SUGAR BEE FLOWERS or anyone on its behalf in respect
of the Goods and/or Services, other than those that are
expressly contained in the Contract.

iii. SUGAR BEE FLOWERS is not responsible or accountable
for any personal injury or negligence arising out of the use
of the Goods supplied for your Event;
iv. You release and indemnify SUGAR BEE FLOWERS and its
officers, employees, consultants and agents from and
against any Claims (including those brought by third parties)
which may be brought against it or them, whether on their
own or jointly with You and whether at common law, under
tort (including negligence), in equity, pursuant to statute or
otherwise, in respect of any loss, death, injury, illness, cost
or damage arising out of any breach of this Contract by You;
and
v. You assume full responsibility for damage to all third party
props. You will pay for the costs to replace any damaged
third party props and indemnify SUGAR BEE FLOWERS
against any loss, damage, claim, or liability arising from or
in connection to third party props.
c) Except as expressly set out in this Contract and to the full extent
permitted by law:
i. all conditions, warranties, guarantees, terms and
obligations expressed or implied by law or otherwise relating
to the Contract or the performance of SUGAR BEE
FLOWERS’ obligations under the Contract or to any goods
or services supplied or to be supplied by SUGAR BEE
FLOWERS under the Contract are excluded, except for
those conditions and warranties as to title in the Props; and
ii. including without limitation, SUGAR BEE FLOWERS gives
no condition, warranty or guarantee whatsoever as to the
suitability, performance, or fitness of the Goods for the
Event, and the description of the Goods in any Contract or
any other document shall not import any such condition,
warranty or guarantee on the part of SUGAR BEE
FLOWERS.
d) Notwithstanding anything to the contrary herein contained,
SUGAR BEE FLOWERS’ liability in respect of any Claim arising
in any way out of the Contract or its performance or from any
failure to perform the Contract including (without limitation) for
breach of any condition, warranty or guarantee contained in the
Contract and whether that liability arises under contract, tort
(including negligence), breach of statutory duty or otherwise, is
limited as follows:
i. if any guarantee under the Act is applicable to any goods or
service supplied by SUGAR BEE FLOWERS and SUGAR
BEE FLOWERS’ liability is due to a failure to comply with
the guarantee and such failure cannot be remedied or is a
major failure as defined in the Act (each such failure
hereafter referred to as a “Relevant Failure”), SUGAR BEE
FLOWERS’ liability is as stated in the Act in respect of that
Relevant Failure;
ii. if the liability is due to SUGAR BEE FLOWERS’ failure to
comply with any condition, warranty or guarantee in respect
of any good or service supplied by SUGAR BEE FLOWERS
under the Contract and such failure is not a Relevant
Failure, SUGAR BEE FLOWERS’ liability is limited as
follows in respect of such failure to whichever is the lowest
amount;
iii. if the failure is in respect of the Goods, SUGAR BEE
FLOWERS’ liability is limited to replacement of the Goods,
or the supply of equivalent goods, payment of the cost of
replacing the Goods, as determined by SUGAR BEE
FLOWERS in its sole discretion; and
iv. if the failure is in respect of services, SUGAR BEE
FLOWERS’ liability is limited to the supply of the services
again or payment of the cost of having the services supplied
again, as determined by SUGAR BEE FLOWERS in its sole
discretion.
e) To the extent permitted by law, SUGAR BEE FLOWERS will have
no liability to You however arising and under any cause of action
or theory of liability, in respect of special or Consequential Loss
arising out of or in connection with the Contract or its performance.

Subheading

10. Return of Floral Arrangements

Except for the Props, floral arrangements supplied to You are not
returnable after delivery under any circumstances.

11. Indemnity

a) You shall keep SUGAR BEE FLOWERS indemnified against all
Claims and liabilities of whatsoever nature, including, without
prejudice to SUGAR BEE FLOWERS the generality of the
foregoing - claims of death, personal injury, damage to property
and Consequential Loss which may be made against You or which
You may sustain, pay or incur as a result of or in connection with
the use, misuse, storage, handling or relocation of the Goods
unless such Claims or liabilities shall be directly and solely
attributable to any breach of contract or guarantee by, or
negligence of, SUGAR BEE FLOWERS or its duly authorised
employee or agent.
b) You shall keep SUGAR BEE FLOWERS indemnified against all
Claims and liabilities of whatsoever nature, including, without
prejudice to SUGAR BEE FLOWERS the generality of the
foregoing - claims of death, personal injury, damage to property
and Consequential Loss caused by or in connection with third party
props hired by You.

12. General

a) These Terms and Conditions of Sale together with the Quote
embodies the sole terms and conditions of the Contract between
SUGAR BEE FLOWERS and You and supersedes all other
conditions, representations, and agreements between the parties
(whether oral or in writing and whether made prior to the date of
the Contract), unless expressly amended in writing by SUGAR
BEE FLOWERS. In the event of any inconsistency arising
between these Terms and Conditions of Sale and the Quote, the
terms of the relevant Quote shall prevail to the extent of such
inconsistency.
b) These Terms and Conditions of Sale shall without further notice
apply to all future transactions between SUGAR BEE FLOWERS
and You in relation to the sale and purchase of the Goods and/or
Services, whether or not this document is delivered or executed
in the course of the transaction, except to the extent otherwise
agreed in writing by the parties.
c) None of the terms and conditions contained in any document or
other instrument supplied by or on behalf of You (including without
limitation images of floral arrangements provided by You) shall
apply to or form part of the Contract, except and to the extent
otherwise agreed in writing by SUGAR BEE FLOWERS.
d) All Quotes provided by SUGAR BEE FLOWERS to You are
subject to acceptance by You, and no Contract between SUGAR
BEE FLOWERS and You comes into existence until You pay the
Deposit as specified in the Quote. You must notify SUGAR BEE
FLOWERS in writing within two (2) Business Days if the Quote
contains any errors or omissions.
e) SUGAR BEE FLOWERS may vary these Terms and Conditions
of Sale from time to time with notice by publishing them online on
the SUGAR BEE FLOWERS website, together with the date on
which the new terms and conditions of sale become effective. It is
your obligation to check the SUGAR BEE FLOWERS website or

ask SUGAR BEE FLOWERS to provide a copy of the most up-to-
date terms and conditions of sale at the time You enter into a Contract.

Subheading

13. Safety

It is your responsibility to ensure that all applicable safety regulations are observed, and other appropriate steps taken in relation to the storage, handling, and use of the Props and potential hazards and the relevant information relating to the Props, are brought to the attention of your employees, agents, sub-contractors, and visitors.

14. Goods and Services Tax (GST)

a) In this clause the terms 'GST' and 'supply' have the same meaning
as in A New Tax System (Goods and Services Tax) Act 1999 (Cth)
as amended from time to time.
b) Unless expressly stated otherwise, all Prices quoted are exclusive of GST.
c) GST will be charged on those goods that attract GST at the
applicable rate and You must pay the GST inclusive amount on
the supply.

15. Confidential Information

a) You acknowledge that:
i. You may gain access to Confidential Information;
ii. the disclosure of the Confidential Information to competitors
of SUGAR BEE FLOWERS or to the public would be detrimental to the interests of SUGAR BEE FLOWERS; and
iii. the right to maintain the confidentiality of the Confidential
Information constitutes a proprietary right which SUGAR
BEE FLOWERS is entitled to protect. You must keep all
Confidential Information secret unless it comes into the
public domain, other than because of a breach of this Contract or any law and must not use Confidential Information except as necessary for the purposes of this Contract.
b) You must not, without the prior written consent of SUGAR BEE
FLOWERS:
i. disclose, provide or in any other way communicate or make
available any Confidential Information to any person;
ii. use or attempt to use the Confidential Information for its own
direct or indirect advantage or gain or in any manner which
may cause or be calculated to cause injury or loss to SUGAR BEE FLOWERS;
iii. use the Confidential Information for any purpose other
than the for the purpose of this Contract; or
iv. copy or duplicate the Confidential Information or any part of it.

17. Sub-Contract

SUGAR BEE FLOWERS reserves the right to sub-contract the performance of any Contract or part thereof to any other party or person or corporation it may determine.

18. Proper Law and Jurisdiction

All Contracts made between SUGAR BEE FLOWERS and You shall be governed by and construed in accordance with the laws of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the Victorian Courts and courts of appeal therefrom for all purposes of or in connection with such Contracts.

19. Cost Recovery

Any expenses, costs or disbursements incurred by SUGAR BEE FLOWERS in recovering any outstanding monies owing by You including debt collection fees and legal costs shall be paid by You plus any reasonable out-of-pocket expenses as a debt due and payable.

20. Termination

SUGAR BEE FLOWERS may terminate the Contract immediately if You commit a breach of any material term of the Contract or these Terms and Conditions of Sale and such breach is not capable of remedy or is capable of remedy, but You fail to remedy that breach within 14 calendar days from the date of receiving notice in writing of any such breach.

21. Resolution

a) A party must not start court proceedings, except proceedings
seeking injunctive relief, in respect of a dispute arising out of the
Contract unless it has complied with the requirements of this
Clause.
b) In the event of a dispute, notice must be given in writing by the
party claiming that a dispute has arisen to the other party to the
Contract, specifying the nature of the dispute (“Dispute Notice”).
c) Within seven (7) calendar days from the receipt of a Dispute
Notice, the parties must attempt to resolve the dispute by
negotiation in good faith.
d) If within 14 calendar days from the receipt of a Dispute Notice the
parties have failed to resolve the dispute, then the parties must
appoint a mediator, either by mutual agreement or by applying to
the President of the Law Institute of Victoria, to settle the dispute.
Each party will bear its own costs in relation to the resolving of a
dispute under this Clause, except in relation to the appointment of
a mediator, the costs of which will be shared equally between the
parties.
e) This Clause will remain operative after the Contract has been
performed and notwithstanding its termination.

16. Photographs and Videos

a) You acknowledge that SUGAR BEE FLOWERS has the right to
photograph and/or video all completed floral arrangements and use
these images for the purposes of marketing their business. You
provide your consent for these images to be published in social
media, brochures, websites, magazines, and other promotional
materials. You may not reproduce or edit any of the images
obtained by SUGAR BEE FLOWERS without consent.
b) If you provide us with a copy of any images taken by your
photographer, we will attribute all credit in relation to these images
to your photographer if they are used by us for marketing purposes.