TERMS OF SERVICE
By accepting these terms, you expressly agree to the following terms and conditions (“Terms of Service”), which shall form a binding agreement between you (referred to herein as “you”, “your”, or “Client”), and Amborella Floral Studio Inc. (“Amborella”) as the owner of Amborella Floral, with respect to any and all services that may be provided to you by Amborella (“Services”):
FEE QUOTES - Amborella may provide you with a no obligation fee quote for the anticipated fees to be charged for the Services (the “Total Fee”). You acknowledge and agree that any quote is a good faith estimate of the fees to be charged for the Services, however, such fees are subject to change or adjustment in accordance with these Terms of Service, and any additional terms that may be agreed to by you prior to or during the event.
Terms of Payment – Payment of the Balance can be paid via credit card online. We do not accept cheques or e-transfers. When you provide us with a credit card for payment of the Services, you hereby authorize Amborella to charge the credit card for the full amount of the Balance, without the necessity of further authorization from you.
CHANGE REQUESTS – Alterations, amendments, revisions, changes and additions (“Change Requests”) to your order will only be considered if such Change Requests are made in writing via e-mail, or during a scheduled follow up consultation. NO CHANGE REQUESTS WILL BE ACCEPTED IN-STORE OR OVER THE PHONE. Unfortunately, we cannot guarantee that your Change Request will be accepted. Although we do our best to accommodate Change Requests, no Change Request will be binding on Amborella unless it has accepted the same in writing, which decision will be made by Amborella in its sole discretion after considering product and staff availability, venue restrictions, or any other factors deemed relevant to Amborella. You will be notified of any additional fees that may applied as a result of any accepted Change Request, which fees will be in addition to the Total Fee, and which will be required to be paid along with the Remaining Balance, and in any event, no later than the date of your event. If is it not possible or impractical for Amborella to accept payment for last minute emergency Change Requests prior to the date of your event, Amborella may, but shall not be obligated to accept late payment of fees associated with such Change Requests, in which case such additional fees shall be paid by you to Amborella no later than 10 days following your event date.
Please note that not all of our employees are able to discuss or accept Change Requests, as they may not have the required knowledge or authority to make such decisions. As such, any inquiries regarding Change Requests must be made to your designated wedding lead employed by Amborella. This helps to prevent promises from being made that can’t be kept, to ensure that your expectations are met.
Although we will do our best to ensure that any Change Requests are granted and that the items you ordered are available on your event date, the later changes are made (especially if made less than 3 weeks prior to the event), the less likely it will be that we can accommodate the exact items ordered. Whenever possible, we will advise you of any shortfalls in advance.
Cancellations and Decrease in ordered items – Any requests to cancel or reduce the quantity of your order must be made in writing to Amborella no later than 21 days prior to your event date, in which case you will receive a full refund. Cancellations made after 21 days will be required to pay a total of 75% of the Total Fee, which amount is a genuine pre-estimate of the costs and expenses associated with ordering your flowers (which may go to waste), time spent preparing for your order, and lost opportunity cost of committing to your secured date to the exclusion of other customers of Amborella, among other things. Notwithstanding the foregoing, Amborella reserves the right charge a fee for cancellations made more than 21 days prior to an event in addition to your forfeit of the Deposit, where Amborella can provide evidence that its direct costs associated with booking and cancelling your order exceed the amount of the Deposit.
Amborella also reserves the right to void this contract and refund all monies paid at any time if Amborella deems that it will be unable to provide the Services to you. You acknowledge and agree that under no circumstance will there be any liability on the part of Amborella beyond a full refund of all monies paid.
SUBSTITUTIONS/INSPIRATION PHOTOS - Given the nature of the floral industry, Amborella reserves the right to make substitutions with flowers of equal value in the event that the flowers received from the supplier are, in Amborella's sole professional opinion, of poor quality or unsuitable for the event. The integrity of the proposed designs and color schemes will be maintained to the extent possible. If flowers of greater value are used in any substitution, there will be no extra charge to you. When creating hand tied bouquets, Amborella reserves the right to alter the stems and/or the wrap design if the composition does not aesthetically support the original choice (i.e. color, ribbon and technique).
Inspiration photos provided by you and/or shown on a quote for Services are not intended to be replicated exactly to create an identical product, but used purely as inspiration to create a similar design. Should you desire a product identical to a photo provided, Amborella’s professional designers will do everything in their power to achieve the product/design shown, however, an exact replica of a product photo can never be 100% guaranteed due to the nature of the industry and nature itself.
Please note we do not carry any of the following flowers: gerbera daisy, dendrobium orchids, babys breath, most tropical flowers, asiatic or casablanca lilies, some chrysanthemums, carnations, and color treated flowers. If the your requested order or sample image includes these flowers they will be omitted or you will be contacted to discuss alternatives. If your request includes items such as specific coloured ribbon, feathers, wire, brooches, artificial flowers or botanical elements they will not be included in the finished product unless dropped of at Amborella at least 3 days prior to the wedding.
FLOWER MAINTENANCE AND CARE - To ensure the quality of your flowers, Amborella has the following recommendations on handling and maintaining the floral items, all of which are your responsibility:
- Handle all floral items minimally. Excessive touching and over-handling will bruise flower petals causing brown spots and premature wilting.
- Bouquets are to be placed in the provided vase when not being handled.
- Corsages and Boutonnieres must be left sealed and untouched until use (Refrigeration and mist is suggested prior to use, and for overnight keeping).
- Upon arrival, all arrangements are to be topped up with water in case of water loss during transportation.
- Fresh flowers must always be kept in a climate controlled environment. Never store flowers in excessive heat, intense direct sunlight, or in the cold below zero degrees.
- Fresh flowers must be kept away from vents or other sources creating direct wind and/or draft, and kept away from smoking areas.
It is important to read the care instructions above to ensure the flowers are thriving and ready for your event. Failure to do so may lead to damage to the product for which you alone will be responsible.
ACCEPTANCE OF DELIVERY - If you will not be available to accept delivery of your order on the date of the event, you will be responsible for designating a person meet a representative of Amborella at the chosen drop-off location. This is to ensure that all items are delivered and accounted for. If there is not a designated person to sign for and accept delivery, Amborella will use reasonable efforts to ensure that all flowers and other items forming part of your ordered are placed in a safe location, however, Amborella will not offer reimbursement or otherwise be responsible for any items that are misplaced or stolen due to a failure of you or your designated person to accept delivery of the same. Once the product is delivered to you or the event venue Amborella is no longer responsible for the quality and care for the product. Amborella cannot guarantee the life span of any flowers or arrangements it delivers. The longevity of their life span may be affected by various factors such as light exposure, water quality, water level, user error, and humidity level, all of which are out of Amborella’s control.
DESIGNATED REPRESENTATIVE - Where you have advised us that you are using the services of a designated representative, such as a wedding planner or family member who is entitled to make decisions on your behalf with respect to the Services, Amborella shall be entitled to accept instructions from such individual as your duly authorized agent, and you shall be responsible for any additional orders, cancellations or Change Requests made by any such person.
VENUE POLICIES – Where your event is to take place at a third-party venue, you acknowledge and agree that Amborella may be required to adhere to the policies, guidelines and prohibitions set forth by the owners of such venue, and that such policies, guidelines and prohibitions may take priority over your instructions. Amborella will not offer reimbursement or otherwise be responsible for items damaged or removed by the owner of the third-party venue, or their employees, agents and contractors after placement by Amborella. It is your responsibility to understand and communicate any restrictions that may apply with respect to the third-party venue to Amborella, after which Amborella will use reasonable efforts to comply with the same.
Client representations AND WARRANTIES – You hereby represent and warrant to Amborella that:
- you are at least 18 years of age and have capacity to enter into a contract with Amborella;
- all details provided to Amborella are true and accurate at all times;
- you are an authorized user of the bank account, credit or debit card used to place your order with Amborella and that there are sufficient funds in such account to cover the Total Fee.
You acknowledge and agree that Amborella retains the right to refuse any request for Services or orders made by you if any of the information supplied by you is found to be incorrect or untrue.
LIMITATION OF LIABILITY – Amborella, as well as its directors, officers, employees, contractors and agents, shall not be liable to you for any punitive, exemplary, special, indirect, or other damages of any kind or nature concerning the provision of the Services or the acts or omissions of third parties related to the Services. In any event, Amborella’s total liability and obligation to you in the aggregate for all claims arising out of or in any way connected to these Terms of Service and the provision of Services to you, regardless of the form of action or theory of liability (including for breach of contract, tort, negligence, by statute or otherwise), shall not exceed the total payment that has been paid by you for the Services.
Invalidity – If any provision herein or part these Terms of Service are held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions or parts thereof shall be and remain in full force and effect and shall be construed as if the unlawful, void, invalid or unenforceable provision had been deleted. No presumption shall operate in favour of or against any party hereto as a result of any responsibility that any party may have had for drafting these Terms of Service.
FORCE MAJEURE - Amborella shall not be liable for failure to perform, nor be deemed to be in default, under these Terms of Service for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to failure of performance by the other party, acts of state or governmental authorities, acts of terrorism, pandemics, natural catastrophe, fire, storm, flood, earthquake, riot, insurrection, civil disturbance, sabotage, embargo, blockade, acts of war, supply chain disruptions, extreme environmental conditions, or power failures. In the event of such delay, the date of delivery or time of completion may be extended as agreed mutually between Amborella and you to overcome the effect of any such delay.
ENTIRE AGREEMENT – This Agreement represents the entire agreement between you and Amborella concerning the subject matter hereof, and supersedes all prior negotiations and representations concerning the Services.
GOVERNING LAW – This Agreement shall be governed by and construed under the laws of the province of Alberta, Canada and the federal laws of Canada applicable therein, without regard to principles of conflicts of law. For any litigation arising from this Agreement, each of the parties hereto submit to the exclusive jurisdiction of the courts of Alberta, and any other court having jurisdiction to enforce a judgment of a court of Alberta, but only for such enforcement.