Terms & Conditions

1. About these terms and about us

These Terms & Conditions ("Terms") govern your access to and use of this website and set out the general conditions on which we provide information about our floristry services. The website is owned and operated by Purevion Essalique Limited ("we", "us", "our"), a company registered in New Zealand with company number 8147392 and GST/VAT number 136-947-582.

Our registered address is 58 Cook Flat Road, Fox Glacier 7886, New Zealand. You can contact us by email at info@purevionessalique.com or by telephone on +64 3 751 4286.

Please read these Terms carefully. By accessing or using the website you confirm that you have read and accepted them. If you do not agree, please do not use the website.

2. What this website is for

This website presents our floristry studio in Fox Glacier, New Zealand, including our custom bouquets, event and wedding florals, corporate arrangements, workshops and example arrangements. It is intended to give you information and to make it easy to contact us.

Unless we clearly say otherwise, the website is an information and enquiry service. It is not an online shop and it does not automatically create a binding contract for the supply of goods or services. Content on the website is not a formal offer that you can accept simply by using the site.

3. Enquiries, quotes and orders

When you contact us, we will discuss your requirements and, where appropriate, send you a quote or booking confirmation that states what we will supply, the price, delivery or setup details, the date and payment terms. A contract for flowers or services is formed only when we confirm your order or booking in writing, or when you accept our quote and we confirm that acceptance. Any additional terms in that quote or confirmation, such as deposits for weddings and events, apply to that order together with these Terms. If there is a conflict between these Terms and the terms in a written quote or confirmation, the quote or confirmation prevails for that order.

We may decline or cancel an enquiry or order, for example if a requested date is already booked, if flowers are not available, or if we cannot deliver to your location. If we cancel after you have paid, we will refund the amount you paid for the part we do not supply.

4. Product information, prices and natural variation

The arrangements, bouquets, prices and photographs on this website are provided as examples to show our style and typical price levels. Prices shown are indicative, are in New Zealand dollars unless stated otherwise, and may change. The price that applies to your order is the price in our written quote or confirmation, which includes GST where applicable.

Flowers are natural, seasonal products. Availability, colour, size and form vary with the season, the weather and our suppliers, so the flowers you receive may differ from photographs or previous designs. If a stem is unavailable, we may substitute another of equal or greater quality that keeps the colour palette and style of your design as closely as possible. We will tell you about a significant change where we can. Photographs may be illustrative and may show items that are no longer available.

5. Delivery, collection and care

Delivery areas, times and fees are agreed when you place an order. Delivery times are estimates unless we have confirmed a specific time in writing, and we are not responsible for delays caused by events outside our reasonable control, such as severe weather, road closures, courier disruption or supply problems, which can occur on the West Coast of the South Island.

You are responsible for giving us an accurate address and contact details and for making sure that someone can receive the delivery. If a delivery cannot be completed because no one is available, we may leave the flowers in a safe place, contact you to rearrange, or charge a reasonable additional delivery fee. Fresh flowers are perishable. We provide care guidance with our arrangements, and you should follow it to get the best vase life.

6. Cancellations, changes and returns

Because flowers are perishable and are often made to order, we may not be able to accept cancellations or changes once we have started preparing your order. Our quote or confirmation will set out the notice we need to change or cancel an event booking or a workshop, and any deposit that is non-refundable. Unless we agree otherwise in writing, we do not take back fresh flowers once delivered or collected.

This section does not limit your rights under New Zealand consumer law. If goods or services are faulty, do not match the description or the agreed order, or are not of acceptable quality, you may be entitled to a repair, replacement, refund or compensation. Please contact us within 7 days of delivery, with your order details and a photograph where possible, so that we can review the problem and put it right promptly.

7. Your consumer rights

If you are a consumer, nothing in these Terms removes or limits any right or remedy you have under the New Zealand Consumer Guarantees Act 1993, the Fair Trading Act 1986, the Contract and Commercial Law Act 2017 or any other law that cannot be excluded. If you are buying for business purposes, the parties agree that, to the extent permitted by law, the Consumer Guarantees Act 1993 does not apply to the supply and that it is fair and reasonable that the parties are bound by this provision.

If you are a consumer outside New Zealand, any mandatory consumer protection rules of your country of residence that apply to you regardless of these Terms remain unaffected.

8. Rules for using the website

You may use the website for lawful purposes and in line with these Terms. You agree to provide accurate information when you contact us and to use the contact details you give us as your own or with permission from the owner.

9. Acceptable use

You must not use the website, or allow anyone else to use it:

• in any way that breaks a law or regulation, or that is fraudulent or has an unlawful or harmful purpose;
• to send unsolicited advertising, spam, chain messages or other material that we have not asked for, including through the contact form;
• to send or upload anything that is defamatory, offensive, discriminatory, threatening or that infringes anyone's rights, including their privacy or intellectual property rights;
• to introduce viruses, malicious code or other harmful or disruptive material, or to attempt to gain unauthorised access to the website, its servers or any connected system;
• to overload, interfere with or impair the website, for example by using bots, scrapers or automated tools without our written permission;
• to copy, harvest or reuse content in a way that breaches section 10; or
• to impersonate another person or misrepresent your relationship with us.

10. Intellectual property

The website and everything on it, including the name "Purevion Essalique", logos, text, floral designs, layout, graphics and the way the website looks and works, belong to us or to our licensors and are protected by copyright, trade mark and other intellectual property laws in New Zealand and elsewhere. Some photographs may be used under licence from third parties and remain the property of their respective owners.

We give you a limited, personal, non-exclusive, non-transferable and revocable licence to view the website and to print or save a copy of individual pages for your own personal, non-commercial use, for example to plan an order. You must not otherwise copy, reproduce, republish, sell, distribute, modify or create derivative works from any part of the website or from our floral designs without our prior written permission. If you would like to use our content, for example for publication, please ask us first.

If you send us feedback, ideas or comments, you allow us to use them to improve our services without payment to you. If you give us photographs or other material for an order, you confirm that you own it or have permission to use it.

11. Testimonials and reviews

The testimonials shown on this website reflect the views of the people named. We publish testimonials only with the permission of the person concerned. Experiences differ, and a testimonial is not a promise that you will have the same result.

12. Links to other websites

The website may contain links to third-party websites, for example for supplier information or email. We provide them for convenience and do not control or endorse those websites. We are not responsible for their content, security or privacy practices, and you use them at your own risk. Their terms and policies apply when you visit them.

13. Availability and changes to the website

We try to keep the website available, accurate and secure, but we do not promise that it will be uninterrupted, error-free or free of harmful components. We may change, suspend or withdraw all or part of the website at any time, for maintenance, security, legal or business reasons, and we are not liable to you if we do. We may also correct errors or update prices, descriptions and other content at any time without notice.

14. Disclaimers and warranties

To the fullest extent permitted by law, and subject to section 7, the website and its content are provided "as is" and "as available". We do not give any warranty, express or implied, about the accuracy, completeness or suitability of the website content, or that the website will meet your requirements. The information on the website is general in nature and is not professional advice.

Any guarantees that cannot lawfully be excluded, including those under the Consumer Guarantees Act 1993, continue to apply to goods and services we supply to consumers.

15. Limitation of liability

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for fraud or fraudulent misrepresentation, and for death or personal injury caused by negligence.

Subject to that, and to section 7, we are not liable to you for any indirect or consequential loss, or for loss of profit, revenue, business, goodwill or opportunity, that arises from your use of, or inability to use, the website or from reliance on its content. Our total liability to you arising out of or in connection with the website is limited to NZD 500, or, for goods and services we supply under a confirmed order, to the price you paid for that order, whichever is greater. This limitation applies to the extent permitted by law and does not affect your statutory consumer rights.

We are not liable for any failure or delay in performing our obligations where it is caused by events beyond our reasonable control, including natural disasters, extreme weather, earthquakes, flood, fire, epidemic, power or internet failure, supply chain disruption, road closures and government action.

16. If you are a business customer

If you order for business purposes, for example for an event, corporate flowers or a venue, you agree to indemnify us against any loss, claim or expense we suffer because you gave us inaccurate information, breached these Terms or used our goods or services unlawfully, except to the extent that we caused the loss.

17. Privacy and cookies

We handle personal information as described in our Privacy Policy. Our use of cookies and similar technologies is described in our Cookie Policy. Both form part of your use of the website.

18. Suspension and termination

We may restrict, suspend or end your access to the website, and decline to deal with you, at any time and without notice if we reasonably believe you have breached these Terms, misused the website or acted unlawfully. Sections that by their nature should continue, including those on intellectual property, disclaimers, limitation of liability and governing law, continue after your access ends.

19. Changes to these Terms

We may update these Terms from time to time, for example to reflect changes in our services or the law. The updated Terms apply from the date shown at the top of this page, and your continued use of the website after that date means you accept them. Changes do not affect any order that we have already confirmed, which continues on the terms that applied when it was confirmed.

20. General

These Terms, together with our Privacy Policy, Cookie Policy and any written quote or confirmation, are the entire agreement between you and us about the website and supersede earlier discussions about it. If a provision is found to be invalid or unenforceable, the rest remain in effect. If we do not enforce a right straight away, this does not mean we have given it up. You may not transfer your rights under these Terms without our written consent, but we may transfer ours to a successor of our business.

21. Governing law and jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or with the website are governed by the laws of New Zealand. The courts of New Zealand have non-exclusive jurisdiction over any such dispute. If you are a consumer living in another country, you keep any right you have to bring proceedings in the courts of your country of residence and to rely on any mandatory protections of that country.

We would like to resolve any problem informally first. Please write to us using the details below and we will do our best to find a fair solution.

22. Contact information

Purevion Essalique Limited, company number 8147392, GST/VAT number 136-947-582.
Registered address: 58 Cook Flat Road, Fox Glacier 7886, New Zealand.
Email: info@purevionessalique.com. Telephone: +64 3 751 4286.