1. Contracting parties
1.1 When contracting with FABIO ZARDI Luxury Design & Wedding Decoration, (hereinafter referred to as “Fabio Zardi” or the “Company”), the hirer or purchaser of goods and services (hereinafter referred to as the “Client”) agrees to purchase floral arrangements, hire “hire items” and purchase “purchase items” and services subject to the following Sales Terms and Conditions.
2. Ordering, modifying, canceling
2.1 The Client may ask for a Quote or for a Decoration project. A simple quote is a list of items, according to the request of the Client, with a short description, quantity and prices. A decoration project is a pdf file with detailed, itemised, obligation free project & quote. The quote is free of charge, while for the decoration project a fee between € 300 and € 500 (depending on the complexity of the project itself and the allocated budget) is required; this fee may be credited in the final quote in case of confirmation.
2.2 In order to receive a quote or a decoration project the Client must contact Fabio Zardi and fill the online Form. In this first free consultation (whether in person, by phone, Skype or email) the Companu needs to know as much details as possible about the event itself, its style, its location (if already defined) etc.
2.3 The decoration project is strongly recommended for budgets higher than € 500. Quotes and decoration projects are valid for fourteen days.
2.4 During these fourteen days the Client may discuss the quote or the decoration project, modify it, ask Fabio Zardi advice, add other items, change the flower list etc. Optional items, which have not been ordered but could be confirmed later by the Client, are listed in the quote as “optional” (zero quantity).
2.5 Fourteen days after the quote or the decoration project has been issued, the Client will be required to approve the decoration contract. Upon receiving the booking deposit or a confirmation email the decoration project will form a binding contract.
2.6 After the term of fourteen days, any further discussion, change, addition, negotiation, phone or Skype call or other consultancy concerning the bespoke decoration project – even if the project was offered for free or with a coupon code – is intended as a professional service provided by the Company. In case the Customer or his planner is not willing to proceed to the confirmation of the project, a fee of € 500 is requested, without prejudice to any additional charges arising from further professional activities.
2.7 After the booking of the date, the decoration project may be modified by the Client by adding or changing the items, for a maximum of three times within one month before the date of the event. Any change will not lead to a variation of the order beyond the limit of 5%. However there are no limits for possible additions. Under no circumstances, the Client can demand a reduction of the amount agreed at the time of the signing of the project or after the payment of the deposit.
2.8 After that term, the Company reserves the right to accept or refuse further changes. Whilst the Company will endeavour to cover any last minute additions or changes to delivery addresses, Fabio Zardi does request that the Client calls the Company directly on +30 694 6633431 (or to other phone number which will be indicated in the decoration project) to arrange this and make the extra payments: Fabio Zardi will be able to inform the Client of any difficulties with his changes immediately.
2.9 The deposit required to book the date of the event varies from 30% to 80% depending on the time and place chosen for the event itself. For amounts up to € 500 total payment is required upfront.
2.10 Three months before the date of the event, the 80% of the amount must be paid. One month before the date, the Client is required to pay the project in full. The order of the Client cannot be delivered or collected unless full payment has been received. All payments must be received by the due date, otherwise the order may be cancelled at the sole discretion of Fabio Zardi.
2.11 An extra charge of 20% will be requested for events booked less than one month before the wedding date.
2.12 A special discount may be given to the Client if he will pay the 100% of the amount upfront, at the moment of the booking.
2.13 Apart from the payment of the fee requested for the decoration project, any form of payment to Fabio Zardi is deemed as acceptance of all of the terms and conditions of this agreement, thereby confirming the Client’s order.
2.14 The booking deposit is non-refundable should the Client cancel the booking for whatever reason. If the cancellation is communicated less than three months before the event, the Client will pay the entire amount.
2.15 A final invoice will be sent to the Client approximately 3 weeks before the event date, at which time Fabio Zardi will finalise details such as flower availability, delivery schedule, etc.
2.16 Prices quoted will take into consideration a premium for events occurring over any religious or public holiday. These dates will incur additional fees due to price increases at auctions and to the cost of labour.
2.17 The Company reserves the right to make adjustments to the price due to an error or omission. Fabio Zardi will inform the Client of the correct price and give him the opportunity to cancel or modify the order. For errors or omissions up to € 500 is not possible to cancel the order.
2.18 A security bond may be required to be paid to Fabio Zardi under certain circumstances. Where applicable, and at the sole discretion of Fabio Zardi, the security bond will be refunded to the Client after the safe return and inspection of all hire items. In case of loss or damage, Fabio Zardi will deduct from the security bond the amount needed to replace lost or damaged items.
2.19 If the loss or damage exceeds the amount of the security bond, the Client agrees to pay the addi- tional costs charged by Fabio Zardi for these losses and damages within 7 calendar days.
2.20 Unpaid invoices will be handed over for collection and all collection costs will be added to the overdue invoices for the Client’s cost.
2.21 The Company reserves the right to terminate any contract without penalty. In the event of termination Fabio Zardi shall refund all sums paid by the Client to Fabio Zardi, save deduction of expenses incurred up to that time.
2.22 In case of cancellation, after receiving the written confirmation or the payment by the Customer, the Company will apply a cancellation fee, corresponding to the cost of the project (for amounts up to € 500) or to the first required deposit (cfr. 2.6).
3. Special care
3.1 Fabio Zardi supplies delicate and fragile items and arrangements that require special handling to avoid damage. Special attention needs to be paid to avoid chipping, scratching and breakage. Please treat all hired items as you would your own and avoid loss and damage that may be charged for.
3.2 If during the hire period, the Client moves, adjusts, rearranges or removes floral displays installed by Fabio Zardi, the Company accepts no liability whatsoever for any loss, damage or injury sustained by the Client, or any other parties resulting from such activities.
4.1 The Client agrees to pay all delivery charges if applicable.
4.2 All collections from and returns to Fabio Zardi must be agreed with the Company.
4.3 On the day of the wedding all gents buttonholes & ladies corsages can either be collected from the studio of the Company, delivered to the bride’s house, or if more convenient these can be delivered to the wedding venue.
4.4 The Client will charge a member of the family to keep the flowers and distribute them to the bridesmaids, the bestmen, flower girls etc.
4.5 On the day of the wedding it is the bride’s responsibility to have the church or ceremony venue open in time for the flowers to be arranged. This will be discussed prior to the wedding.
4.6 Fabio Zardi is not responsible if your wedding flowers cannot be delivered for reasons beyond the control of the Company. This would include (but not limited to) situations as follows:
- There is nobody present at the address provided and the delivery agent decides there is a danger of theft or damage to the product; to avoid this we would appreciate advice on whether to leave the flowers in a secure place that would also be protected from the elements.
- The address provided for the recipient is incorrect or incomplete: please ensure that all of the contact details supplied are correct.
- There is an incorrect or unanswered contact number or provided so Fabio Zardi has no way to check on delivery details.
4.7 Fabio Zardi will make every effort to contact the person ordering flowers or the recipient where we are having difficulty in delivering the flowers. If there are alternative delivery arrangements, the extra delivery costs will be charged. The Client will ensure mobiles are switched on, on the day of the event.
4.8 Order is deemed as received once the delivery arrives at the agreed location.
5. Limitations of liability
5.1 Except where Fabio Zardi is in breach of a guarantee in terms of the law, the Client in entering into this contract acknowledges that in all other circumstances whatsoever Fabio Zardi shall not be liable for direct or consequential damage, loss or expense whatsoever and howsoever arising (whether in contact or in tort) including that resulting from the negligence of Fabio Zardi or arising by operation of law and whether suffered by the Client and/or third party for any amount that exceeds the amount actually paid by the Client to Fabio Zardi pursuant to this contract.
5.2 If the Client is acquiring the services for the purposes of a business, the provisions do not apply.
5.3 Fabio Zardi will not be liable or responsible for any failure to perform or delay in performance of any of our obligations that is caused by events outside our reasonable control.
5.4 Events outside our reasonable control include any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Unusual weather conditions
5.5 The performance of the Company under any Contract is deemed to be suspended for the period that the event which is outside of its control continues, and Fabio Zardi will have an extension of time for performance for the duration of that period.
5.6 Fabio Zardi will not accept any responsibility should flower selection for the Client fail to be delivered by the wholesalers due to lack of availability. In this instance the CLient will be notified.
5.7 Fabio Zardi will place items at the ceremony venue or the reception venue in order to minimise risks and hazards; the Company reserves the right to relocate items in the case that the weather is inclement and could cause a hazard to wedding guests or damage to hired items.
6.1 At all times the Company will endeavour to get the colour’s of flowers as close to Client’s chosen colour, but in some circumstances due to seasonal changes and greenhouse effects Fabio Zardi will not be held responsible should colour vary from Client’s first decision.
6.2 As fresh flowers and foliage are living products, there are occasions when particular varieties may be unavailable. Whilst every effort is made to source products accordingly, sometimes Fabio Zardi is unable to obtain a particular type of flower.
6.3 All fresh flowers and foliage are subject to availability and stringent quality checks, as such Fabio Zardi reserves the right to use a similar flower in place of the previously chosen flower.
6.4 Some products, flowers and plants may be harmful or poisonous and are not intended for food use: if the Client requires further information before submitting an order, he may contact the Company.
6.5 The customer is required to report any allergies to flowers or other specific products, as indicated in the form which he fills out for the request of a decoration project.
7.1 The Client is responsible for the hire items. Therefore if damage occurs, the Client will be liable for the subsequent costs.
7.2 The rental period for hired items is for 1 calendar day unless stipulated otherwise. Late returns will be charged for at a full additional hire.
7.3 Fabio Zardi reserves the right to refuse the use of outdoor decoration items in the event of adverse weather conditions where their use could affect their integrity or cause harm to others.
8. Safety guidelines pertaining to floral items
8.1 It is the Client’s responsibility to inform his guests and event members provided with floral items from Fabio Zardi of the following warnings:
- Pin on corsages and buttonholes are attached to material with a pin, care must be taken when affixing pin on corsages and buttonholes as pins are sharp. If the wearer believes the pin could damage the material in their outfit, then the corsage/ buttonhole should not be affixed to the outfit.
Magnetic corsages and buttonholes must not be worn by or near anyone with a pacemaker device.
- Flowers are delicate items, and must be handled with care. Some vibrantly coloured blooms, and greenery can cause staining, it is therefore important that flowers are not crushed against clothing.
- Children must be supervised at all times when they have flowers including floral baskets, wands, hair accessories, buttonholes. Fabio Zardi generally advises that children under 3 should not be given flowers.
- Flowers supplied by Fabio Zardi are for decorative purposes only, and are not for human consumption.
When fresh flowers are used for the decoration of the wedding cake, the part of the cake which have been in contact with flowers must not be eaten.
9. Complaint policy
9.1 Any complaints about goods and services provided by Fabio Zardi must be made upon receipt of flowers on your wedding day, prior to the ceremony commencement. After this time, it is deemed that the Client is satisfied with all aspects of the good as delivered.
9.2 Fabio Zardi designs Client’s flowers for use on his day: flowers are perishable items, and will begin to slowly decline naturally once removed from water. Therefore, Fabio Zardi cannot guarantee the longevity of flowers after the event day, and cannot take any responsibility for this.
10.1 Fabio Zardi is committed to ensuring the privacy and security of all personal information collected for the purpose of processing orders. Fabio Zardi respects the privacy of all its customers and the recipients of services and complies with the Law.
10.2 Fabio Zardi does not sell, rent or lease any personal customer information to third parties. We will provide details to delivery couriers and other companies that work on our behalf in order to provide this flower delivery service.
11.1 According to European Laws and Regulations on Copyrights protection and Royalties, the Client understands, approves and accepts the clause that he shall not use, replicate nor diffuse – even partially – any project or design, by itself or by addressing other companies or private individuals. The Client may share these informations with all people and companies involved in the event project.
11.2 Images provided to the Client by Fabio Zardi are protected by copyright and are the property of Fabio Zardi; they may not be used, copied, published or distributed without the express consent of Fabio Zardi.
11.3 Photos of flower arrangements and/or decorations by Fabio Zardi must indicate – if they will be in any way whatsoever published – the following credit: Wedding [or: Event] design & decoration [or: Floral design] by FabioZardi.com.
11.4 The Client authorizes Fabio Zardi to publish photos of the event, and he also will send these photos – in high resolution size – as soon as he will get them from the photographer.
11. 5 Fabio Zardi will credit the wedding photographer.
11.6 All design sketches provided by Fabio Zardi are subject to Copyright law and cannot be shown to, copied or used by any other florist or decorator. All designs are the property of Fabio Zardi and if the Client chooses not to use Fabio Zardi to provide his wedding decoration, all design sketches must be returned without being copied.
12. Nondisclosure agreement
12.1 The parties agree to enter into a confidential relationship with respect to the disclosure of certain proprietary and confidential information (“Confidential Information”).
12.2 For purposes of this Agreement, “Confidential Information” shall include all information or material that has or could have commercial value or other utility in the business in which Fabio Zardi is engaged. Quotes and projects provided to the Client by the Company are always to be considered as Confidential Information.
12.3 The Client shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of Fabio Zardi.
12.4 The Client shall carefully restrict access to Confidential Information to employees, contractors and third parties as is reasonably required; he shall not, without prior written approval of the Company, use for Client’s own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Fabio Zardi, any Confidential Information.
12. 5 The Client shall return to the Company any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately if Fabio Zardi requests it in writing.
12.6 The nondisclosure provisions of this Agreement shall survive the termination of this Agreement and Client’s duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until the Company sends Client written notice releasing Client from this Agreement, whichever occurs first.
13. Referral fees
13.1 The company considers unethical and illegal any payment made in return for a referral which resulted in a transaction or contract.
13.2 Fabio Zardi doesn’t accept nor offer commissions or referral fees.
14.1 Greek law shall apply in all relations to Fabio Zardi. E&OE
14.2 All prices are in Euro, including VAT. E&OE