Garden Soirée’s Terms & Conditions
SALE TERMS & CONDITIONS
Pricing
Garden Soirée’s basic pricing structure is for services provided to homes within a 20km radius of Melbourne CBD. Surcharges can apply for specific areas due to limited and/or no parking, difficult access or travel time and toll roads required to reach the service destination.
Garden Soirée reserves the right to amend the initial quotation, should the Client’s original requirements change or upon inspection of the property.
Payment
Credit card details must be provided, regardless of the confirmed payment method unless the service has been prepaid.
If a bank transfer payment has been agreed, this must be completed no later than three full business days prior to that of the service. We reserve the right to cancel an appointment if no payment has been received. Garden Soirée provides all bank information needed for the payment by email, containing invoice and payment instructions.
In cases where cash or bank transfer payment is not received in accordance to the aforementioned conditions, Garden Soirée holds the right to process a payment from the card details provided by the customer during the process of arranging the service.
If cash payment has been agreed, it is to be made in cash at the beginning of the service, unless different payment method is confirmed. Cheques will not be accepted. The customer is obligated to make the payment before Garden Soirée starts the service.
Credit card details associated with services provided for private customers, corporate customers, agencies and any types of business or registered entities are provided upon the act of arranging a booking for the services. Those details serve as a security measure in regard to last minute cancellations in accordance with our Sales Terms and Conditions, as well as arranging payments if such payment method is agreed during the act of arranging the booking.
In cases where card details are not provided in accordance with the Sales Terms and Conditions, or a different card is to be used for arranging the payment, such details are to be provided at least 48 hours prior to the consultation in order to successfully confirm the booking.
All card payments are subject to 2.4% transaction fee. The card details provided by the customer are used for processing the charge for the relevant service, inclusive of automatically processed transaction fees of 2.4% of the total amount for credit cards Visa and MasterCard (Amex not accepted). The relevant transaction fee is applied on top of the quoted amount for the service. Credit card transactions are processed in the day prior to the service.
In cases where card payment fails, Garden Soirée will promptly inform the customer so they can resolve the issue. Payment is expected within timeframes as stated in our Sales Terms and Conditions. Garden Soirée will exercise the statutory right to claim interest as per the indication on the invoice associated with the service provided, and compensation for debt recovery costs under the Late Payment legislation if payment is not received according to our agreed payment terms.
Upon the act of arranging a booking for any type of service, you confirm that you have read and agreed with Garden Soirée’s Terms and Conditions, and Terms of Use.
Cancellations
The Client can cancel or reschedule the scheduled service by giving at least 48 hours notice. Failure to provide the needed notice will result in a $100.00 cancellation fee.
We reserve the right to refuse any job if it is deemed hazardous to the health and well being of our operatives.
Garden Soirée has the right to cancel or reschedule a service in cases where an accident or any unexpected circumstances have befallen the assigned horticulturalist / technician / employee.
Claims
No refund claims will be considered once the service has been carried out.
All services shall be deemed to have been carried out to the Client’s satisfaction unless Garden Soirée receives written notice with details of the complaint within 24 hours of the service being completed. We will fully investigate any complaint and attempt to resolve it to the satisfaction of the Client, or alternatively to a reasonable standard.
Title and risk of loss or damage to the Products shall pass to the client on the physical delivery of the Products to the address identified by you in the order / booking. Unless you notify Garden Soirée to the contrary by telephone, email or SMS within seven (7) days of delivery of goods and such notification is confirmed in writing within seven (7) days of its receipt by Garden Soirée, the products supplied shall be deemed to have been accepted by you as being in good condition and in accordance with Sale Terms and Conditions.
Garden Soirée may require entry to the location of the claim within 24 hours to address any problems that have been put forward in a claim.
Garden Soirée or its subcontractors shall not be liable for any delay or failure in the performance of plants or gardens, caused by or resulting from acts of God, vectors (animals, insects, bacteria, fungi), fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond its reasonable control.
Garden Soirée makes every effort not to break items, however accidents can happen. For this specific reason, Garden Soirée requests all irreplaceable items (whether monetarily or sentimentally valuable) be stored away and/or not worked on by our staff.
Any work undertaken by Garden Soirée covered by Public Liability Insurance.
Our services do not include waste / junk collection or removal.
Special Offer Conditions
Promotional offer cannot be combined with other offers or discounts.
Garden Soirée may update, any Free Gift offered with any promotion/s and/or revise prices listed on the website at any time. You agree that changes in the contents of the Free Gift may occur between the Free Gift shipped to you and the Free Gift described in marketing materials.
You have the option to subscribe or unsubscribe from our promotional newsletters and text messages.
If you have any questions relating to these terms and conditions please contact us at info@gardensoiree.com.au
Gardening and Maintenance Services
Garden Soirée does not guarantee an exact price for gardening and maintenance services, as these services will be charged at an hourly rate that will vary subject to the nature of the project and will be quoted upon application.
Garden waste collection is not included in the gardening and maintenance price, however we can organize it as a separate service.
Access
The Client is responsible for providing access to the property at the scheduled time. If keys are provided they must open and close all locks without any special efforts or skills. Failure to provide access to the property is subject to a $50.00 non-refundable fee.
Garden Soirée is NOT responsible for any alarms triggered during the service visit. The customer MUST provide Garden Soirée with full instructions for disabling and/or resetting any alarm systems on the premises.
WEBSITE TERMS OF USE
Your access to and use of this website is subject to these terms, the Privacy Policy, the Intellectual Property Rights Notice and any other terms contained on this website ("Terms of Use").
Disclaimer
All of the material published on this website is for information purposes only. The information on this site is current at the date of publication but may be subject to change. Whilst we have made every effort to ensure that information is free from error, we do not guarantee that the information or images are current, complete or correct and accept no responsibility therefore. All information is subject to change without notice. We do not accept liability for errors, omissions in, delays or interruptions to or cessation of access to this website, through negligence or for any other reason whatsoever. We do not guarantee that this website or third party websites will be free from viruses.
Information contained on this website is intended as a guide only and customers are reminded that growth and performance is dependant on a wide range of conditions beyond our control and we make no guarantee as to the suitability of any plant for any specific use nor do we recommend any one plant in preference to another or claim to be an authority on any one plant. We may refer to Products that are generally available for purchase in Australia. A reference to Products on the Site does not imply or warrant that the Products will be available at any time in your particular locality. You should check with your local nursery for the availability of specific products in your locality. All information is believed to be correct and is the result of private inquiries and experiences and is given in good faith. We disclaim all liability for loss suffered as a result of reliance on the matters set out in this website.
Links to Other Websites
References to other sites are provided as an information service only and should not necessarily be construed as an endorsement or approval. Conversely, omissions should not be construed as non-endorsement or disapproval.
Although every care is taken to provide links to suitable material from this site, the nature of the Internet prevents us from guaranteeing the quality, suitability, completeness or accuracy of any of the material that this site may be linked to. Consequently, we can accept no responsibility for the content of that material including any unsuitable or inaccurate material that may be encountered.
Also, we are not responsible for the accuracy or legitimacy of information found elsewhere on the Internet and there is no guarantee that any of the sites listed will be available at any particular time.
We do not guarantee any services which might be announced nor provide any authorization direct or indirect relating to use of information or links.
Limitation of Liability
Subject to any terms implied by law and which cannot be excluded, we accept no responsibility or liability for any loss, damage, cost or expense, whether direct or indirect (including but not limited to legal costs and defense or settlement claims) whatsoever arising out of or referable to material on this website or to material on the website of a third party whether in contract, tort including negligence, statute or otherwise.
Our liability for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to:(a) the supply of the goods or services again;(b) the repair of the goods; or(c) the payment of the cost of having the goods or services supplied again or repaired.
Withdrawal and Suspension of Service
We may withdraw completely, or suspend for a period of time, this website, or access to it for any reason including without limitation:(a) if there is an interruption, fault, virus, unauthorized access, denial of service or other malicious attack on any part of our computer or telecommunications system;(b) if you breach any part of these Terms of Use;(c) if you use this website for an inappropriate purpose, including the storage or transmission of inappropriate or offensive material.
Acceptance and Changes to Terms of Use
You acknowledge and accept that your use of this website indicates your acceptance of these Terms of Use, the Intellectual Property Rights Notice and the Privacy Policy.
These Terms of Use replace any other terms of use for this website published on this website to date. We may at any time vary the Terms of Use by publishing variations on this website. You accept that by doing this, we have provided you with sufficient notice of the variation.
Termination
If, in our reasonable opinion, you breach any of these Terms of Use, we may suspend, terminate or limit your access to this website and terminate the Terms of Use effective immediately.
If any of these Terms of Use are invalid or unenforceable, the relevant term will be struck out and the remaining terms will remain in force.
If we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches.
Governing Law
This notice and the information on this site and all matters relating thereto are governed by and are to be construed according to the laws applicable in the State of Victoria, Commonwealth of Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia and the courts of appeal from them for determining any dispute concerning these Terms of Use.
Contacting the Website
Garden Soirée welcomes your comments regarding this Privacy Policy. If you have any questions about the Terms of Use, Privacy Policy, the practices of this site or your dealings with this website, you can contact:
Garden Soirée,
P.O. Box 2097, GREENVALE VIC 3059 AUSTRALIA
info@gardensoiree.com.au
PRIVACY POLICY
This following document sets forth the Privacy Policy for the Garden Soirée website, www.gardensoiree.com.au .
Garden Soirée is committed to providing you with the best possible customer service experience. Garden Soirée is bound by the Privacy Act 1988, and this notice sets out a number of principles concerning the privacy of individuals in relation to the collection, dissemination and protection of information obtained from our website. We are committed to maintaining the privacy of all information provided by visitors to our website. No information will be collected without your consent and all such information will be used in accordance with this Privacy Policy.
Collection of personal information
There are many aspects of the site that can be viewed without providing personal information. However, when you engage in certain activities on this site, we may ask you to provide certain information about yourself on a voluntary basis by filling out and submitting an online form or by completing the registration process contained within this website. We collect this information in order to record and support your participation in the activities you select. It is entirely optional for you to engage in these activities. If you do elect to engage in these activities, certain information required may include your name, postal address, email address and other personal identifying information.
We also use the information that you provide as part of our effort to keep you informed about product upgrades, special offers, and our other products and services and to help make our site, products and services more useful to you. We recognize and appreciate the importance of responsible use of this information. If you do not want the information that you provide to us to be used to inform you of other products and special offers from us to you, indicate this preference when you provide the information to us. We will honor your preference.
We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. Garden Soirée takes reasonable steps to ensure that these organizations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
We do not sell, lease or in any other way provide personally identifying information to any other company, person or agency.
Unsolicited Email
The information collected by us will generally include your email address. We will not use this email address to forward you information relating to our products and services unless:(a) you have requested this information (by selecting the relevant option on the website); or(b) the information is provided as part of any ongoing discussions between us and you in relation to our products and services.
Opting Out
You may at any time opt out of receiving any information you have previously requested that we provide to you by following the procedures for opting out set out on the website. If you have any problems with opting out of any ongoing information service provided by us, please send an email to info@gardensoiree.com.au.
Reviewing, updating or deleting your information
You have a right to access your personal information, subject to exceptions allowed by law. If you wish to review, update or delete any information maintained by us about you, you may, where this information is made available to you by the website, directly update that information. In all other circumstances, please send an email to info@gardensoiree.com.au , put your request in writing for security reasons and we will provide you with full details as to all information we maintain in relation to you. We will also comply with any directions to update or delete any or all information
Protection of information
For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at this Site.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future, we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.
All stored customer information is protected from unauthorized access through the use of secure passwords and user log-ons or other security procedures.
This site has security measures in place to avoid the loss, misuse and alteration of information under our control. We will protect any information we have concerning you in the same manner as we protect all our other confidential information.
You should always close your browser and log out when you have finished surfing the net, to prevent others from accessing your personal information and correspondence. Beware of posting personal information in publicly accessible online forums, such as chat rooms. If you voluntarily disclose personal information it may be collected and used by others.
Third Party Sites
This website may contain links to other websites. We are not responsible for the privacy practices or the content of such websites and cannot control, the use of information that you may provide to any other website, even if you have access to that site via this website.
Children
This website is not intended for children and we ask that users under the age of 18 not submit any personal information to us. If you are under the age of 18, you may use this site only in conjunction with a parent or guardian.
Changes to this Privacy Policy
Garden Soirée reserves the right to make amendments to this Privacy Policy at any time. If you have objections to the Privacy Policy, you should not access or use the Site.
By accessing or using this website, you agree to the terms of our Privacy Policy as outlined above. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THIS SITE. We reserve the right at our discretion to change, modify, add or remove portions of this Policy at any time. Any changes will be posted on the site. Please check this page from time to time for changes.