TERMS OF SERVICE

These Terms of Service apply to your use of the Blossoms Nest website and to purchases and bookings made through our online store, physical retail shop, floral delivery service, wedding and event floristry service, and floral arranging workshops.

By using our website, placing an order or confirming a booking, you agree to these Terms and any additional terms provided for the relevant product, booking, quotation, proposal, invoice or service agreement.

1. About Blossoms Nest

Business name: Blossoms Nest
ABN: 63 617 207 968
Address: Suite 3 / 385 Pacific Highway, Crows Nest NSW 2065, Australia
Email: hello@blossomsnest.com.au
Website: https://www.blossomsnest.com.au

Blossoms Nest is an Australian florist and floral workshop provider operating in New South Wales.

2. Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded or limited.

If goods or services supplied by Blossoms Nest fail to comply with an applicable consumer guarantee, you may be entitled to a repair, replacement, refund, cancellation, re-performance of services, price reduction or compensation, depending on the circumstances and nature of the failure.

Terms such as “custom”, “perishable”, “sale”, “deposit” or “non-refundable” do not remove any rights or remedies that cannot be excluded under Australian law.

3. Website Use

You may use our website for lawful, personal and non-commercial purposes.

You must not:

• provide false, misleading or fraudulent information;

• interfere with the operation or security of the website;

• introduce viruses or malicious code;

• collect or misuse another person’s personal information;

• impersonate another person or business;

• make fraudulent orders or payment claims;

• reproduce or commercially use our website content without permission; or

• use the website in a way that breaches Australian law.

We may restrict access to the website where reasonably necessary for security, maintenance, legal compliance or suspected misuse.

We do not guarantee that the website will always be uninterrupted or error-free. This does not affect your rights in relation to goods or services already purchased.

4. Orders and Acceptance

By submitting an order, you are offering to purchase the selected goods or services.

An order is accepted when we issue an order confirmation or otherwise confirm that we have accepted the booking or order.

Please check all order details carefully, including:

• recipient name and contact number;

• delivery or collection address;

• delivery date;

• workshop date and time;

• card message;

• floral preferences;

• allergies or accessibility requirements; and

• wedding or event details.

You are responsible for providing accurate, complete and current information.

Before accepting an order, we may contact you to clarify availability, delivery arrangements, workshop capacity or service requirements.

We may decline or cancel an order before acceptance where:

• an item or service is unavailable;

• the information supplied is incomplete or incorrect;

• an obvious pricing or listing error has occurred;

• payment has not been authorised;

• delivery cannot reasonably be completed; or

• we reasonably suspect fraud, misuse or unlawful activity.

If we cancel an accepted order and cannot provide the purchased goods or services, we will offer an appropriate remedy, which may include a refund, credit, replacement or alternative arrangement, subject to the Australian Consumer Law.

5. Prices and Payment

Unless clearly stated otherwise, all prices are displayed in Australian dollars and include GST where applicable.

Delivery, setup, pack-down, hire, venue, travel and other service charges may be additional. These charges will be displayed or agreed before payment where they can reasonably be calculated.

Any card surcharge will be disclosed before payment and will not exceed the amount permitted under Australian law.

You authorise Blossoms Nest and its payment providers to charge your selected payment method for the agreed amount.

Online payments may be processed securely through Shopify or another third-party payment provider. Blossoms Nest does not ordinarily receive or store your complete payment card details.

6. Fresh Flowers and Natural Products

Flowers, plants and foliage are natural, seasonal and perishable products.

Product photographs and inspiration images are generally provided as a guide to the intended style, colour palette, size and value. Unless expressly guaranteed in writing, they are not an exact representation of the final arrangement.

Natural variations may occur in:

• colour;

• size;

• shape;

• texture;

• flower openness;

• stem length; and

• seasonal availability.

These natural variations are not necessarily defects.

Where a particular flower, foliage, container or material is unavailable, unsuitable or below our quality standard, we may make a reasonable substitution of similar style, colour, quality and value while preserving the overall design and value of the order.

Where a proposed substitution would materially change the agreed design, we will contact you for approval where reasonably practicable.

7. Flower Care, Allergies and Safety

Customers and recipients should follow any care instructions provided with flowers, plants or arrangements.

The lifespan of fresh flowers varies according to the flower variety, season, temperature, water quality, handling and environment. Flowers should be kept away from direct sunlight, excessive heat, draughts and ripening fruit unless advised otherwise.

Flowers, foliage, plants and floral materials may be harmful if consumed and may present risks to children or animals.

Customers are responsible for checking any known allergy, toxicity or pet-safety concerns relevant to their household or recipient. Please notify us before ordering if you have a particular allergy, pet-safety or material requirement.

8. Delivery

Delivery dates and time windows are estimates unless Blossoms Nest expressly agrees to a fixed delivery time in writing.

We will use reasonable care and skill to deliver within the agreed period.

Customers must provide:

• a complete and accurate delivery address;

• the recipient’s full name;

• a valid contact number;

• apartment, business or venue access information; and

• any relevant delivery instructions.

If no one is available to receive the order, we may, where reasonably appropriate:

• leave it in a safe and sheltered location;

• leave it with reception, concierge or building management;

• leave it with a neighbour where authorised;

• contact the customer or recipient; or

• return the order and arrange redelivery or collection.

Additional delivery charges may apply where redelivery is required because incorrect information was supplied or reasonable access was unavailable. Any additional charge will be disclosed and reasonably reflect the cost incurred.

Blossoms Nest is not responsible for deterioration caused after a successful delivery by excessive heat, severe weather, delayed collection, incorrect handling or failure to follow reasonable care instructions, to the extent the deterioration was not caused by Blossoms Nest.

Nothing in this section excludes our responsibility for a problem caused by Blossoms Nest or affects rights under the Australian Consumer Law.

9. Collection Orders

Collection orders must be collected from the agreed location during the confirmed collection window.

Because fresh flowers are perishable, their quality may be affected by late collection. Please contact us as soon as possible if you expect to be delayed.

Responsibility for the care and transportation of the order passes to the customer once it has been collected. This does not affect any rights relating to a problem that existed at the time of collection.

10. Cancellation, Return and Refund Policy

Our Cancellation, Return & Refund Policy forms part of these Terms and is available at:

https://www.blossomsnest.com.au/policies/refund-policy

If there is an inconsistency between these Terms and the Cancellation, Return & Refund Policy, the more specific provision in the Cancellation, Return & Refund Policy will apply to the relevant order or booking, subject always to the Australian Consumer Law.

The cancellation conditions in these Terms and the Cancellation, Return & Refund Policy generally apply where a customer changes their mind or cancels for reasons not caused by a failure on the part of Blossoms Nest.

We are not required to provide a refund or exchange solely because a customer:

• changes their mind;

• selects the wrong product;

• provides incorrect order information;

• no longer requires the order;

• finds a cheaper alternative elsewhere; or

• does not like a natural variation that is consistent with the product description.

This change-of-mind position does not apply where goods or services fail to comply with the Australian Consumer Law.

11. Fresh Flower Order Cancellations

If you need to cancel a fresh flower order, please contact us at least 24 hours before the scheduled delivery or collection time.

Cancellations received before preparation or flower purchasing has commenced may be eligible for a full refund.

If preparation has commenced or flowers and materials have already been purchased specifically for the order, we may deduct the reasonable costs already incurred and refund any remaining balance.

Same-day or last-minute change-of-mind cancellations may not be eligible for a refund because preparation and purchasing will generally already have occurred.

These conditions do not affect remedies available where the flowers or arrangement fail to comply with the Australian Consumer Law.

12. Damaged, Faulty or Incorrect Orders

If an order arrives damaged, faulty, incorrect or materially different from what was ordered, please contact us as soon as reasonably possible.

For fresh flowers and arrangements, we recommend contacting us within 24 hours of delivery and providing clear photographs. Prompt notification helps us assess the flowers in the condition in which they were delivered.

The 24-hour notification request does not remove any rights or remedies available under the Australian Consumer Law.

Depending on the circumstances and whether the problem is major or minor, an appropriate remedy may include:

• correcting or re-performing the service;

• replacing the affected item;

• providing a refund;

• providing a partial refund or price reduction;

• cancelling the affected service; or

• another remedy agreed with the customer.

Where there is a major failure with goods, the customer may be entitled to choose between a replacement or refund.

Where there is a minor failure, Blossoms Nest may choose to remedy the problem within a reasonable time.

We may request proof of purchase and reasonable evidence of the problem before providing a remedy.

13. Plants, Gifts and Non-Perishable Items

For change-of-mind returns, we accept eligible unused, non-perishable products within 7 days of purchase, provided that:

• proof of purchase is supplied;

• the item is unused;

• the item is in its original condition;

• the original packaging is included where applicable; and

• the item is suitable for resale.

Change-of-mind returns do not ordinarily apply to:

• fresh flowers or other perishable goods;

• plants damaged through incorrect care;

• personalised or custom-made products;

• used products;

• gift cards; or

• clearance items where the customer was informed before purchase that change-of-mind returns would not be accepted.

Approved change-of-mind refunds will be issued using the original payment method unless otherwise agreed.

The seven-day change-of-mind period does not limit your rights under the Australian Consumer Law. Faulty products may be returned within a reasonable period depending on the nature of the product and the fault.

14. Weddings, Events and Custom Floristry

Wedding, event, corporate and custom floristry services may be governed by an accepted quotation, proposal, invoice, booking summary or separate service agreement.

These documents form part of the contract between the customer and Blossoms Nest.

If there is an inconsistency between these Terms and a specifically negotiated service agreement, the service agreement will apply to that service to the extent of the inconsistency, subject always to the Australian Consumer Law.

A wedding or event date is not secured until:

• the required deposit or payment has been received; and

• Blossoms Nest has confirmed the booking.

Deposits are applied towards the total booking value. If the client later cancels, the deposit may also be applied towards any reasonable cancellation charge. It will not be charged in addition to that cancellation charge.

15. Wedding and Event Cancellations

If the client cancels a confirmed wedding or event booking for reasons not caused by Blossoms Nest, the following cancellation charges may apply to the total confirmed booking value:

• More than 8 weeks before the event: up to 20%

• 6–8 weeks before the event: up to 50%

• 2–6 weeks before the event: up to 80%

• Less than 2 weeks before the event: up to 100%

These percentages are maximum amounts that may apply. They are not automatic penalties.

The amount retained or charged will take into account:

• consultation, design and administrative work already completed;

• flowers, materials and hire items already ordered or reserved;

• non-refundable supplier commitments;

• staffing and production time reserved;

• the timing of the cancellation;

• our reasonable opportunity to accept another booking; and

• losses and costs that could not reasonably be avoided.

Any amount retained will be reasonable in the circumstances and will not exceed the total confirmed booking value.

Any amount paid above the applicable reasonable cancellation charge will be refunded.

If Blossoms Nest cancels a wedding or event service and cannot provide an agreed suitable alternative, the client will receive a refund of amounts paid for services that will not be supplied, subject to the Australian Consumer Law.

16. Wedding and Event Changes

Requests to change floral designs, quantities, delivery details, venue details or service requirements should be submitted at least 4 weeks before the event.

Changes are subject to:

• flower and material availability;

• staffing and delivery availability;

• production capacity; and

• payment of any agreed price difference.

Reductions requested within four weeks of the event may not result in a full price reduction where flowers, materials, hire items or staffing have already been committed.

We will advise you of any additional charge or non-recoverable cost before confirming a material change.

Flower varieties remain subject to seasonality, market availability and quality. Reasonable substitutions may be made in accordance with section 6.

The client is responsible for providing accurate:

• event dates and times;

• venue details;

• access and loading instructions;

• setup and pack-down times;

• venue contacts;

• floor plans;

• table numbers;

• ceremony details; and

• venue rules.

Additional costs caused by inaccurate information, late changes or restricted access may be charged where those costs are reasonable and disclosed.

17. Event Postponements and Date Changes

Requests to postpone an event or change an event date are subject to our availability.

Payments may be transferred to a new date where:

• Blossoms Nest is available;

• the new date is agreed in writing;

• flowers or materials purchased for the original date can be reused or credited; and

• the client pays any reasonable additional costs caused by the change.

If Blossoms Nest is unavailable for the requested new date, the request may be treated as a customer cancellation and the applicable reasonable cancellation charge may apply.

18. Event Setup, Collection and Hired Items

Where setup, relocation, pack-down or collection is included, the scope and timing will be stated in the quotation or service agreement.

Unless ownership is expressly included, vases, plinths, stands, arches, candles, vessels and other hired items remain the property of Blossoms Nest.

The client must ensure hired items are available for collection at the agreed time and location.

The client may be responsible for reasonable repair or replacement costs where hired items are lost, stolen or damaged beyond fair wear and tear while under the client’s or venue’s control.

19. Workshops and Classes

Workshop bookings apply to the selected:

• workshop type;

• date;

• time;

• location; and

• number of participants.

Workshop bookings may be transferred to another person.

If you are unable to attend, you may:

• send another person in your place; or

• request a transfer to another available session by giving at least 72 hours’ notice.

Transfer requests are subject to availability and may be limited to one transfer per booking unless otherwise agreed.

Cancellations or transfer requests received at least 72 hours before the workshop may be transferred or issued as a credit, subject to availability and the terms displayed at the time of booking.

Cancellations received with less than 72 hours’ notice, late arrivals and non-attendance are generally not eligible for a change-of-mind refund, transfer or credit because flowers, materials and staffing will already have been arranged.

If Blossoms Nest cancels a workshop, the customer may choose between:

• transferring to another available session;

• receiving a store credit; or

• receiving a refund of the amount paid for the cancelled workshop.

Nothing in this section limits your rights where a workshop service fails to comply with the Australian Consumer Law.

20. Private Workshops and Group Events

Private workshops and group events may require a deposit or advance payment to reserve the date, staffing and venue.

Specific payment, final-headcount, rescheduling and cancellation conditions will be provided in the quotation, invoice or booking confirmation.

If a customer cancels, Blossoms Nest may retain or charge an amount that reasonably reflects:

• planning and administration already completed;

• flowers and materials already ordered;

• staffing and venue commitments;

• third-party costs that cannot be recovered; and

• other losses that could not reasonably be avoided.

Any amount retained will be reasonable in the circumstances and will not operate as a penalty.

21. Workshop Safety and Participation

Workshop participants must follow reasonable instructions when using scissors, wires, floral tools and other materials.

Please tell us before the workshop about any:

• allergies;

• injuries;

• accessibility needs;

• mobility requirements;

• sensory requirements; or

• other relevant health or safety concerns.

This allows us to consider reasonable arrangements where possible.

A parent or guardian must make bookings for minors and comply with any age or supervision requirements stated on the relevant workshop page.

Blossoms Nest may require a participant to stop unsafe, disruptive, abusive or unlawful conduct. Where reasonably necessary for safety, a participant may be asked to leave.

22. Workshop Photography

We may take photographs or short videos during workshops or events.

We will seek consent before using an identifiable participant’s image for promotional or marketing purposes. A participant may decline photography without affecting their participation.

Participants must obtain permission before photographing or publishing identifiable images of other participants.

23. Special, Custom and Bulk Orders

Special orders, custom arrangements, wedding and event florals, and bulk orders may require a deposit or advance payment.

If a customer cancels after custom flowers or materials have been ordered, Blossoms Nest may retain the reasonable, non-recoverable costs already incurred and the reasonable value of work already completed.

Any remaining balance will be refunded.

A description such as “custom”, “special order”, “perishable” or “non-refundable” does not remove rights available under the Australian Consumer Law where the goods or services are faulty, materially different from what was agreed or otherwise fail to meet an applicable consumer guarantee.

24. Gift Cards, Credits and Promotions

Gift cards, store credits, discount codes and promotional offers are subject to any conditions displayed when they are issued.

They cannot be redeemed for cash except where required by law.

Promotions cannot be combined unless expressly stated otherwise.

Discount codes must be used within the stated period and must not be copied, resold or used fraudulently.

25. Product and Service Information

We make reasonable efforts to ensure website descriptions, prices, photographs and availability information are accurate.

If an obvious pricing or listing error occurs, we may correct it and contact affected customers before fulfilling the order.

If we cannot supply an accepted order as described, we will discuss an appropriate alternative or remedy with the customer.

Nothing in this section permits Blossoms Nest to avoid obligations under the Australian Consumer Law.

26. Intellectual Property

Unless otherwise stated, the Blossoms Nest website, photographs, written content, branding, floral concepts, graphics and designs are owned by or licensed to Blossoms Nest and are protected by Australian intellectual property laws.

You may view and use website content for personal and non-commercial purposes.

You must not reproduce, publish, sell, modify, distribute or commercially use our content without prior written permission.

Inspiration photographs supplied by customers remain the property of their respective owners. Providing an inspiration photograph does not guarantee an exact reproduction.

27. Reviews and Customer Content

If you submit a review, photograph, testimonial or other content, you confirm that:

• you have the right to share it;

• it is accurate to the best of your knowledge;

• it does not infringe another person’s rights; and

• it is not unlawful, abusive or misleading.

You grant Blossoms Nest a non-exclusive, royalty-free licence to display and use that content in connection with our business and marketing, subject to applicable privacy law.

You may contact us to withdraw permission for future marketing use. We may retain information where reasonably necessary for legal, record-keeping or dispute-resolution purposes.

28. Third-Party Services and Links

Our website is hosted by Shopify and may use third-party payment, booking, delivery, analytics and social media services.

Third-party services may be governed by their own terms and privacy policies.

Blossoms Nest is not responsible for the content or practices of unrelated third-party websites. However, Blossoms Nest remains responsible for its own obligations to customers and does not exclude any responsibility that cannot be excluded under Australian law.

29. Privacy

We handle personal information in accordance with our Privacy Policy and applicable Australian privacy and direct-marketing laws.

Our Privacy Policy is available at:

https://www.blossomsnest.com.au/policies/privacy-policy

Shopify and our payment or service providers may process personal information to provide the website, checkout, payment and order services.

30. Events Outside Our Reasonable Control

An event outside our reasonable control may include severe weather, natural disaster, fire, flood, transport disruption, government restriction, venue closure, market closure, serious illness, supplier failure or another event that could not reasonably have been prevented.

If such an event prevents or materially delays our performance, we will:

• contact affected customers as soon as reasonably practicable;

• take reasonable steps to reduce the impact; and

• discuss a reasonable alternative or remedy.

Depending on the circumstances, this may include an alternative date, substitution, credit, partial refund or refund.

Nothing in this section limits rights available under the Australian Consumer Law.

31. Liability

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

To the maximum extent permitted by law, neither party will be liable for indirect or consequential loss that was not reasonably foreseeable when the contract was made.

This limitation does not apply to applicable Australian Consumer Law remedies, fraud, wilful misconduct or personal injury caused by negligence.

Customers are responsible, to the extent permitted by law, for loss caused by:

• unlawful conduct;

• misuse of products;

• failure to follow reasonable care or safety instructions;

• inaccurate information supplied to Blossoms Nest; or

• damage to hired items while under their control.

32. Governing Law

These Terms are governed by the laws of New South Wales and the Commonwealth of Australia.

The courts and tribunals of New South Wales have non-exclusive jurisdiction.

Nothing in this section prevents an Australian consumer from exercising rights available in another state or territory where those rights apply.

33. Changes to These Terms

We may update these Terms from time to time to reflect changes to our services, business practices or legal obligations.

Updated Terms will apply to future website use and future transactions from the date they are published.

The Terms applying to an accepted order are generally the Terms in effect when the order was placed, together with any later changes agreed by both parties or required by law.

34. Severability

If any part of these Terms is found to be invalid, unlawful or unenforceable, that part will be read down or removed to the minimum extent necessary.

The remaining provisions will continue to operate.

35. Questions, Complaints and Dispute Resolution

If you have a concern about an order or service, please contact us first so we can try to resolve it promptly.

Blossoms Nest
Suite 3 / 385 Pacific Highway
Crows Nest NSW 2065
Australia

Email: hello@blossomsnest.com.au
ABN: 63 617 207 968

Please include:

• your name;

• order or booking number;

• proof of purchase;

• a description of the issue; and

• photographs where relevant.

Information about Australian consumer rights is available from the Australian Competition and Consumer Commission:

https://www.accc.gov.au/consumers

NSW customers may also contact NSW Fair Trading:

https://www.fairtrading.nsw.gov.au/help-centre/online-tools/make-a-complaint