Fleur Fetti terms & conditions

THESE TERMS & CONDITIONS GOVERN THE USE OF https://fleurfetti.com.au/ AND THE PURCHASE OF ANY FLEUR FETTI PRODUCTS AND SERVICES.

Congratulations on your engagement! At Fleur Fetti, we are dedicated to creating beautiful floral arrangements to help make your wedding day special.  Before using the Website and placing an order for one of our Packages, please read these Terms and Conditions (the Terms) carefully. By using the Website and placing an order, you acknowledge and agree that you have had sufficient opportunity to read the Terms and agree to be bound by them. If you don’t or can’t agree to the Terms then you should stop using the Website and you should not place an order with us.  

IN SHORT:

Below is a quick summary highlighting some of the main points from the Terms. The Summary doesn’t contain all terms or clauses and it doesn’t replace, modify, or amend the Terms. You should therefore read the full Terms before using the Website or placing any order with us.

Packages

  • Each Package on the Website contains a core group of Products and Services which cannot be removed or substituted (known as the Base Package).
  • There is a floral theme for each Base Package.
  • You are able to add additional Products or Services to a Base Package to suit your needs. 
  • Any additional Products added to your Package must be made no later than 2 weeks before your wedding date. 
  • Where you wish to add Products to your Package, but it is less than 2 weeks until your wedding, please contact us so that we can discuss options. We are here to help make your day as special as possible.

Ordering, Costs and Payment

  • The price for each Base Package is set out on the Website.  
  • After you have created an account, you will be able to create your Package by choosing your Base Package and your colour palette and then by adding any additional Products or Services.
  • A quote will be generated once you’ve made your selections and you can submit your order by completing the check out process and making the required payment.  
  • We offer the following payment options on our Website (we use Stripe for our online payment processing):
    • payment in full at the time of placing your order; or
    • payment of a 30% deposit at the time of placing your order, with the balance due 4 weeks before your wedding day. 
  • We may also permit payment using a “buy now, pay later” platform, subject to the terms and conditions of the service provider. If available, this option will appear at checkout.
  • Orders must be placed a minimum of 6 weeks prior to your wedding day. 
  • We are not bound to accept any order that is submitted.  Once we have received your order, we will review it and will let you know whether your order is confirmed or whether we are unable to accept your order for any reason.  

Delivery

  • We are currently only able to deliver Products and Services within a 40-kilometer radius of our store, located at 3/323 Ingles Street, Port Melbourne, Vic 3207. If you require deliveries outside of the Delivery Area, or are unsure, please contact us to discuss.
  • You are able to advise us of multiple Delivery Addresses within the Delivery Area and specify which Products are to be delivered where (e.g. buttonholes to the groom and bouquet to the bride who are at different addresses).
  • You will need to make sure that someone is present to accept any deliveries (as we may have multiple deliveries to make).

Final Confirmation of Details

  • If you need to make changes to your order, please do so as soon as possible.  We may not be able to accommodate changes requested less than 4 weeks before your wedding day.
  • We will contact you by email at least 4 weeks before your wedding day to ask you to make sure that all details are correct.  Please make sure you respond within 7 days of receiving the email as we need to place your order with our suppliers.

Cancellation and Postponement

  • Please read clause 10 of the Terms which addresses matters relating to cancellations, postponements, and termination. If you have any questions, feel free to contact us to discuss the nitty gritty.

Days of Operation

  • We do not operate on public holidays or over the Christmas/New Year period. Where your wedding day falls on one of those days, please contact us to discuss how we might be able to accommodate you for your special day.

Allergies

  • Please ensure that at the time of placing your order on the Website, you advise us of any allergies you or guests may have to particular types of flowers. We want you and your guests to enjoy your special day free of allergies from your beautiful flowers. 

Privacy

  • We are committed to protecting your privacy. Our website passes information through a secure server and has security measures in place to protect your confidential information. Please also refer to our privacy policy at: https://fleurfetti.com.au/privacy-policy/.
  • The Website may contain links to other websites. We do not make any warranties as to the content, safety or privacy practices of these websites as we do not control them. You use these links and other websites at your own risk.

FULL TERMS:

1. Definitions and Interpretation

1.1 Definitions

In these Terms, the following definitions apply unless the context requires otherwise:

Business Day means any day that is not a public holiday or any day during the Christmas/New Year period from 25 December to 1 January.

Content means content that we create and make available in connection with the Website including, but not limited to, software, all source code, computer code, databases, functionality, visual interfaces, interactive features, graphics, design, compilation, reports, images, photos, logos, audio, video, text and other usage-related data, and all other elements and components of the Website, excluding third-party content.

Delivery Address means the address or addresses you nominate for delivery of the Products, subject to our Delivery Area.

Delivery Area means a 40-kilometer radius from 3/323 Ingles Street, Port Melbourne, Vic 3207.

Delivery Date means the Business Day you nominate for delivery of the Products.

Fleur Fetti / we / us / our means Fetti Pty Ltd as trustee for Fetti Trust, trading as Fleur Fetti (ABN 23 217 045 195).

Force Majeure Event means any event beyond our reasonable control including:

  1. external telecommunications failures;
  2. fire, flood, earthquake or any other natural disaster;
  3. riot, act of terrorism, war, civil disorder, rebellion or revolution;
  4. strikes, lockouts and labour disputes;
  5. manufacture, supply, stock shortage or other delay not caused by Ivy and Eve; and
  6. epidemics, pandemics, quarantine restrictions, outbreak of disease or travel restrictions or bans.

GST Act means A New Tax System (Product and Services Tax) Act 1999 (Cth) as amended.

Package means the floral theme, colour palette, Products and Services paid for by you.

Products means any products we supply, including flowers, floral arrangements, floral designs and vases.

Services means any services we supply, including delivery, attending your wedding venue to set-up the Products for the wedding ceremony and reception, and collection of the ceremony stands (if any) after conclusion of the wedding ceremony.

Trading Restrictions means restrictions or limitations affecting the operation of our business which are beyond our reasonable control including but not limited to government regulations or health directives relating to COVID-19 or other health or public safety concerns.

Website means https://fleurfetti.com.au/ and includes all Content contained therein.

you / your means the person or entity who acquires the Services and Products and/or the user of the Website.

your account means any account you create with us when using the Website.

2. Use of the Website

2.1 You agree to use the Website only in accordance with these Terms, and to abide by all applicable laws, regulations and generally accepted online practices and guidelines when engaging with our Website. 

2.2 You are responsible for maintaining the confidentiality and security of your account and passwords and for all activity undertaken through your account.

2.3 You must not:

  1. use the Website for any purpose that is unlawful or prohibited by these Terms;
  2. use the Website otherwise than for the intended purpose and within the functionality and means we provide;
  3. make any unauthorised use of the Website or access the Website via account information belonging to another person;
  4. allow any unauthorised person to have access to your account, or fail to change passwords as necessary or otherwise allow access by a person who is no longer authorised;
  5. attempt to copy, duplicate or reproduce the Website or any Content from the Website, or to delete or otherwise alter any Content within the Website;
  6. intentionally interfere with, disrupt, or create an undue burden on the Website or the networks or servers connected to the Website;
  7. circumvent, disable, or otherwise interfere with security-related or other features of the Website;
  8. access or attempt to access any of the information available through the Website other than through the means we provide; or
  9. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.

2.4 We reserve the right at all times to:

  1. monitor use of the Website for any breaches of these Terms;
  2. revoke or restrict access to, disable, remove or limit the availability of, the Website or any portion of the Website;
  3. monitor, retain and disclose any information regarding your use of the Website as we deem necessary to satisfy any applicable law, legal requirement, police investigation, or other governmental inquiry; and
  4. otherwise manage the Website in a manner designed to protect our rights and the proper delivery of our Products and Services.

2.5 We reserve the right to amend the Terms from time to time and our changes will be effective as soon as we upload them on the Website. By continuing to use the Website following any change to the Terms, you are agreeing be bound by the Terms as amended.

3. Acceptance of the Terms

3.1 We will provide the Products and Services to you on and subject to these Terms. Any agreement between you and us relating to our supply of the Products and Services will be deemed to incorporate these Terms and they will constitute the entire agreement between you and us.

4. Ordering, Costs and Payment

4.1 Your account will first need to be created before you will be able to obtain a quote and place your order. The Packages we supply are on, and must be ordered via, our Website. 

4.2 Each Package contains a core group of Products and Services which cannot be altered or substituted (Base Package). You will first select your floral theme (can only choose one) and your colour palette. Once you select a floral theme and colour palette you will be given an option to choose a Base Package. From there you will be able to add any other Products or Services to the Base Package. The cost of your Package will increase as you add additional Products and Services to the Base Package. All prices for Products and Services are contained on the Website. 

4.3 Once you have made and finalised your selections, a quote will be generated which shall be valid for 7 days from the date of issue. The quote is not an offer to sell or provide the Services and Products. You may accept the quote and place an order for the Package by completing the checkout process on the Website. 

4.3 At checkout, you will be given two options for payment:

  1. you can pay the full amount for the Package; or
  2. you can pay a deposit of 30% of the Package price, in which case clause 4.9 shall apply.

4.5 We may, from time to time, permit payment to be made using a “buy now, pay later” platform linked on our Website.  If this payment option is available, the link will appear at checkout.  You may need to register with a third-party service provider to use this payment option, and your use of this service will be subject to the terms and conditions of the service provider.  Fleur Fetti does not guarantee the availability of the service, or your eligibility to use it, nor do we make any other representations relating to the service or the terms and conditions which the service provider may impose.

4.6 Your order must be submitted a minimum of 6 weeks before the Delivery Date. Once we have received your order and payment, you will receive an email (to the email address you used to create your account) setting out the details of the Package.  This email is confirmation that your order has been received, not accepted. If you do not receive this email within 24 hours, or if any details of the Package are incorrect, please contact us immediately by emailing hello@fleurfetti.com.au or by calling us on 0411 922 271. 

4.7 We will then review your order and will either send you:

  1. a confirmation email letting you know that your order has been accepted; or 
  2. a cancelation email letting you know that we are unfortunately unable to fulfil your order and that the order has not been accepted.  In that case, any payment you have made will be immediately refunded. 

We will endeavour to do this within 3 Business Days.

4.8 We are not bound by any order you submit until we have accepted it and provided a confirmation email in accordance with clause 4.7(a) above.  

4.9 If you’ve chosen the deposit option at checkout, the balance of the total price for your Package must be paid at least 4 weeks before the Delivery Date.  We’ll send you an email to reminder, but it is your responsibility to log in to your account on the Website to complete this payment.  

5. Variations to Package Once Your Order Has Been Confirmed

5.1 Once your order has been confirmed, you will be able to log into your account on the Website and up until 2 weeks before your wedding, add additional Products to your order. You will need to pay for these additions in full at the time of placing the order (not via AfterPay). Orders for additional Products are subject to confirmation pursuant to clause 4.8. 

5.2 Major variations to Packages once your order has been confirmed, such as the colour palette, must first be approved by us in writing and must be requested in writing no later than 4 weeks before the Delivery Date. Where a request for a major variation is made less than 4 weeks before the Delivery Date and we approve the variation, you acknowledge that additional charges may be applicable, including but not limited to administration fees.

5.3 For variations which are less than 4 weeks before your wedding you will first need to contact us in writing to request any variations. If we confirm that we are able to accommodate the variations, you will need to immediately log into your account and make payment in full for the approved variations.

6. Final Confirmation of Details of Order

6.1 At least 4 weeks prior to the Delivery Date, we will send you an email requesting you to check and confirm that the Package details contained in the email are correct.

6.2 It is your responsibility to check that all details are correct and advise us accordingly within 7 days of the date of our email. If we do not hear from you, we will assume that all details are correct and proceed to complete your order in accordance with the details provided.

7. Artistic License

You acknowledge that the Products and Services may involve elements of artistic expression as part of the floral arrangement, design and style. Fleur Fetti reserves the right to use its artistic license but will take all reasonable measures to ensure that such artistic expression and interpretation is consistent with your desired outcome for what has been ordered (Artistic License).

8. Products

8.1 Any images and descriptions of Products provided by us or available on the Website are for the purposes of identification only and the use of a description does not constitute a sale by description.

8.2 Any sample of Products exhibited to or inspected by you are supplied solely to judge the quality in bulk and does not constitute a sale by sample.

8.3 In relation to the Products, you acknowledge that:

  1. some flowers are seasonal flowers and that all flowers are products of nature, which means that there will be variations in colour, blooms, stems, size, quality, value and the availability of flowers. Whilst we will use our best endeavours to supply Products which reasonably resemble the images and descriptions provided on the Website, to the extent permitted by law, we do not make any warranties or representations that the Products will be free of variation;
  2. flowers may be unavailable. In such circumstances, our professional florists will substitute the unavailable flowers for flowers which are of a similar appearance and value and you agree that such substitutions and/or variations are reasonable and appropriate having regard to the variety and nature of flowers generally and agree that such substitutions and/or variations do not constitute a breach of these Terms; and
  3. there may be some variations in comparison to the images and descriptions provided on the Website due to the use of our Artistic License. Our Artistic License is used to create the most beautiful Products with the flowers and material which are available to us at any given time, however, always with the essence of your floral theme and colour palette in mind. You agree that the use of our Artistic License does not constitute a breach of these Terms.

8.4 Where your Package requires the use of ceremony stands, you acknowledge that these will be provided on a short-term hire basis only, and we retain ownership of the ceremony stands at all times.  Subject to clause 8.5, we will attend to collect them at the conclusion of the ceremony.  All other Products we provide, including vases, may be kept by you or your guests.

8.5 Where your wedding ceremony is to be held outside of our Delivery Area, you undertake to return our ceremony stands by no later than 4:00pm on the next Business Day following the date of your wedding.

9. Delivery

9.1 Subject to your Package including delivery, and the Delivery Address being within the Delivery Area, we will deliver the Products to the Delivery Address and will attend to set-up of your reception and ceremony flowers and collection of our ceremony stands after the ceremony concludes.

9.2 We are unfortunately not able to make deliveries where the Delivery Address is not within a 25-kilometre radius of our premises located in Port Melbourne, Victoria.

9.3 You will need to ensure that an authorised person is present to either accept delivery of the Products or provide us with access to the wedding venue to complete set-up of your reception and ceremony flowers, and to facilitate collection of our ceremony stands after the ceremony concludes.

9.4 You will need to provide the details of which Products are being delivered to which Delivery Address, and an appropriate timeframe.

9.5 Where no one is present at the Delivery Address to accept delivery of the Products we will attempt to contact you on the number provided. We can only wait a maximum of 15 minutes at the Delivery Address if no one is present, as we can have many deliveries to make on the day. Thereafter the Products will be returned to our premises in Port Melbourne, Victoria or taken to the wedding venue if we have not yet already attended the venue. If a second delivery is required to the Delivery Address, you will be liable to pay a further delivery fee.

9.6 We accept no liability where you have provided us with the incorrect Delivery Address or incorrect details of Products to be delivered to a Delivery Address. It is your responsibility to ensure that these details are all within the Delivery Area and are correct prior to the Delivery Date.

9.7 Except by special arrangement agreed to by us in writing, we do not deliver Products on public holidays or over the Christmas/New Year period.

10. Cancellation/Postponement/Termination

10.1 Whilst we do everything we possibly can to avoid it, there may be occasions where we need to cancel an order.  We reserve the right to cancel any order for Products and Services without reason, provided that we give you written notice of the cancellation at least 14 days prior to the Delivery Date. If we have to cancel your order in accordance with this clause 10.1, we will provide you with a full refund.

10.2 Any agreement between you and us formed by these Terms may be terminated at any time by mutual agreement of the parties on such date and on such terms as are to be agreed between the parties.

10.3 You may cancel a confirmed order at any time, however you will incur fees (which will be deducted from the amount you have paid for the Package) as set out below:

  1. 20% of the total Package price where you cancel more than 4 weeks prior to the Delivery Date to cover our administrative costs;
  2. 30% of the total Package price where you cancel more than 2 weeks but less than 4 weeks prior to the Delivery Date to cover our administrative costs;
  3. 100% of the total Package price where you cancel less than 14 days prior to the Delivery Date where we have already placed an order for your flowers by that date. However, if we have not incurred any labour costs, we will reduce this fee accordingly.  

10.4 If your wedding is cancelled due to Trading Restrictions being imposed (which is terrible news!), our policy which is designed for working with perishable goods is as follows:

  1. Cancellations between 8 to 14 days prior to the Delivery Date: We place orders for flowers up to 14 days in advance of a wedding. Where Trading Restrictions are imposed we will seek to cancel the order. Where we unfortunately cannot cancel an order (for instance due to the supplier having already shipped the flowers) you will only be charged for the flowers plus delivery costs. We can arrange for the flowers to be delivered to your preferred location or charity to enjoy (subject to the Delivery Area). Your booking will be rescheduled to a future date.
  2. Cancellations between 1 to 7 days prior to the Delivery Date: Where Trading Restrictions are imposed we will seek to cancel the order. However, this is generally not possible due to it being too close to the Delivery Date. Where we unfortunately cannot cancel an order you will need to pay for the flowers, delivery costs, plus any labour costs already incurred in preparing the flowers for your wedding. We can arrange for the flowers to be delivered to your preferred location or charity to enjoy (subject to the Delivery Area). Your booking will be rescheduled to a future date.

10.5 If you need to postpone your wedding for any reason, provided you give us more than 14 days written notice prior to the Delivery Date (and we have not yet ordered your flowers), we will transfer the date and all monies paid to the new date of your wedding (subject to availability). Otherwise you may be liable to pay for the flowers plus delivery costs.

10.6 We may (in our absolute discretion) at any time by providing you with written notice terminate any agreement between us formed by these Terms where:

  1. you breach these Terms;
  2. any money payable by you to us is not paid within 5 Business Days following the due date for payment;
  3. you become bankrupt, insolvent or die; or
  4. Trading Restrictions are imposed upon us.

10.7 Where we serve a notice under clause 10.6, the agreement is terminated from the date of service of the notice, but without prejudice to any action or other right or remedy that we may have for any breach or default or for loss or damage suffered by us as a result of the termination.

11. Default of Payment

We are entitled to charge interest on any overdue sums due and payable to us pursuant to these Terms at the rate of 10% per annum and you agree to pay any costs, fees, charges and disbursements that we may incur (including collection and legal fees) in recovering such sums.  

12. Warranty

12.1 Except as provided herein or required by law, there are no express or implied warranties, guarantees, conditions or other terms regarding the Products and Services and we will not be liable to you for physical or financial injury, loss or damage or for any indirect or consequential loss or damage of any kind arising out of the use and display of the Products and Services, whether caused by tort, breach of contract or arising out of our negligence or in any way whatsoever.

12.2 Nothing in these Terms limits, excludes, or modifies or purports to limit, exclude or modify any rights you may have under the Australian Consumer Law (ACL) contained in the Competition and Consumer Act 2010 and the terms of these Terms are to be read subject to any such law.

12.3 If you are not a consumer as defined under the Competition and Consumer Act 2010, and for the purposes of the ACL contained therein, any warranty, guarantee, condition or other term arising out of or in connection with the Products and Services which might apply or which might be implied or incorporated into the contract by statute, common law, or otherwise (including, without limitation, any implied term or guarantee as to fitness for purpose or acceptable care and skill) is hereby expressly excluded to the maximum extent permitted by law.

12.4 If you are a consumer as defined under the Competition and Consumer Act 2010, and for the purposes of the ACL, we are required to make certain guarantees regarding the Products and Services (including guarantees as to fitness for purpose and acceptable care and skill) and we make those guarantees to the extent  we are required by law to do so.  If these guarantees are not required to be made by us, we do not make them.

13. Limitation of Liability, Release and Indemnity

13.1 Subject to the ACL, to the maximum extent permitted by law, you agree that Fleur Fetti, its employees, agents and representatives are not liable for any indirect or consequential loss, expense or lost opportunity suffered by you or any third party, howsoever caused (including but not limited to loss of profits, business or goodwill) in any way relating to or arising from the Products and/or Services or the supply of Products and/or Services.

13.2 Subject to the ACL, to the maximum extent permitted by law, you release and agree to indemnify and keep Fleur Fetti, its employees, representatives, servants, agents and contractors indemnified from and against any claims, losses, damages (including but not limited to damages for loss of profits, income, goodwill, use, data, contracts or other intangible losses), costs, expenses, liabilities, proceedings or demands (including reasonable legal fees), howsoever caused (including without limitation by reason of misrepresentation, negligence, other tort, breach of contract or breach of statutory duty) which may be incurred by you, Fleur Fetti, or any other party arising out of or in connection with:

  1. any breach of these Terms by you;
  2. any refusal by us of a request by you for a major variation pursuant to clause 5.3;
  3. any refusal to accept/approve a request for any other variation pursuant to clause 5;
  4. you providing us with any incorrect details and information;
  5. us not being able to deliver the Products and Services because they are outside the Delivery Area;
  6. us not being able to complete one or more deliveries due to nobody being present to accept delivery or due to incorrect delivery details being provided;
  7. any variations to the Products and Services from the images and descriptions on the Website having regard to the factors in clause 8;
  8. any variations to the Products and Services arising from our Artistic License;
  9. any failure by you to inform us of any allergies to flowers which you or any of your guests may have which results (whether directly or indirectly) in someone having an allergic reaction;
  10. any cancellations of any orders pursuant to clause 10.1;
  11. any cancellation, termination or postponement of any orders of Products and Services due to any Trading Restrictions;
  12. any termination of this agreement pursuant to clause 10.6;
  13. your use or misuse of the Website;
  14. your unlawful use of the Website;
  15. our rectification, variation or removal of the Website;
  16. any errors or inaccuracies in any information obtained through the Website;
  17. any decision made or action taken by you or anyone else in reliance on any information obtained through, or omitted from the Website;
  18. any interruption or cessation of transmission to or from the Website;
  19. any inability to access or use the Website (whether during any downtime or discontinuance of the Website, or otherwise);
  20. any problems or technical malfunction (whether or not under our control) of any communication network, telephone network or lines, computer online systems, servers or providers, computer equipment, software, technical problems, or traffic congestion on the internet or on any website, or any combination thereof, including but not limited to any injury or damage to your computer or device or any other person’s computer or device related to or arising from your use of the Website;
  21. any third-party interference or unauthorised access to or use of personal and/or financial information contained therein;
  22. any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party;
  23. any loss or damage of any kind incurred as a result of any content posted, transmitted or otherwise made available through the Website;
  24. any product or service advertised or offered by a Third Party Website; or
  25. any failure by us to meet our obligations under these Terms where such failure is due to events beyond our reasonable control, including without limiting the foregoing, any breach of security safeguards of the Website or third-party sites or services used in connection with the Website.

14. Positioning of Products

14.1 When Fleur Fetti is completing the set-up of your reception and ceremony flowers, we will use our best endeavours to ensure that the Products are placed, positioned and displayed in the safest manner possible and do not pose a risk of injury or damage to any person or property.

14.2 Subject to clause 14.1, Fleur Fetti accepts no responsibility for Products that are moved, handled, repositioned, removed, knocked, modified or in any manner tampered with (whether intentional or accidental) which results (whether directly or indirectly) in the Products causing injury or damage to any person or property. You agree to hold Fleur Fetti harmless and indemnify Fleur Fetti against any claims at law or in equity for loss or damage incurred in connection with the Products as a result of any of the foregoing.

14.3 Where we do not deliver the Products or the Services and instead you or someone nominated by you completes the set-up of the Products for your wedding ceremony and reception, you agree that we are not liable for any injury or damage to any person or property arising out of or involving the Products (whether directly or indirectly) and you agree to indemnify us accordingly.

15. Force Majeure

We are not liable for failure to perform, or delay in performing, any of our obligations under these Terms if such non-performance or delay was caused by a Force Majeure Event.

16. Do Not Consume and Allergies

16.1 Please note that the Products are not for human or animal consumption.

16.2 At the time of placing your order for Products you must advise us if anyone who will be attending the wedding has any allergies to particular types of flowers. If you do not advise us of any allergies then we will not be able to take those allergies into account when supplying the Products.

17. Protection of Information/Privacy

17.1 When capturing consumer data, it is passed through a secure server using encryption technology to ensure that your information is being protected when it is sent over the Internet.

17.2 The Website has security measures in place to protect against the loss, misuse and/or alteration of the 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.

17.3 For information about how we keep your personal information safe, please refer to our Privacy Policy https://fleurfetti.com.au/privacy-policy/. By using the Website, you confirm that you have read and agree with the Privacy Policy.

18. Third-Party Websites

18.1 This Website may contain links to other websites (Third Party Websites) and may include third party content, such as payment processing software or applications (such as Stripe).

18.2 We are not responsible for the third party content or privacy practices associated with Third Party Websites and we should not be taken to have reviewed, investigated, monitored, endorsed or approved Third Party Websites or third party content.

18.3 We do not make any warranties with respect to links to Third Party Websites and do not accept any responsibility for or liability in relation to them or in respect of any third party content. The use of or reliance on any Third Party Websites or third party content is entirely at your own risk.

19. Intellectual Property

19.1 Unless otherwise indicated, the Website, Content and all copyrights, trademarks, service marks, logos, trade names, trade dress, designs and other intellectual and proprietary rights contained therein (IP Rights), are owned or controlled by us or licenced to us and are protected by copyright and trademark laws and various other intellectual property rights and laws in Australia and internationally.

19.2 Except as expressly provided in these Terms, you agree that you will not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, licence, reverse engineer, corrupt or otherwise exploit for any commercial purpose whatsoever, any part of the Website, Content or IP Rights, without our express prior written permission.

19.3 You are granted a limited licence only for the purposes of viewing the Website and Content and using any functional aspects of the Website, and only to the extent that your use does not violate these Terms.

19.4 We reserve all rights not expressly granted to you in and to the Website, Content and our IP Rights.

20. General

20.1 Price and GST: All prices on the Website are in Australian Dollars (AUD$) and, if GST applies, are inclusive of GST.

20.2 Governing Law: These Terms will be governed by and construed in accordance with the laws of Victoria, Australia and you agree to submit to the jurisdiction of the courts of Victoria, Australia and the laws in force from time to time in Victoria, Australia.

20.3 No Waiver: If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

20.4 Our Relationship: You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Fleur Fetti as a result of these Terms or your use of the Website.  You agree that you may not and will not hold yourself out as a representative, agent, or employee of Fleur Fetti, and we shall not be liable for any representation, act, or omission on your part.

20.5 Severability: If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

20.6 Survival: Termination of these Terms or the Website will not end those provisions that are capable of surviving, and/or which are intended to survive, such termination.

21. Contact Us

21.1 If you have any queries or need to notify us in relation to any matter arising under these Terms, please contact us. Our details can be found at: https://fleurfetti.com.au/contact/

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