Terms of Service

Rosado Events & Design

 

Terms & Conditions

 

1. Contracting parties

 

1.1 When contracting with Rosado Events & Design, (hereinafter referred to as “Rosado Events & Design” or the “company”), the hire 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 conditions.

 

2. Ordering, modifying, canceling

 

2.1 The client may ask for a quote or for Statement of work. A simple quote is a list of items, according to the request of the client, with a short description, quantity and prices.

 

2.2 To receive a quote client must contact Rosado Events & Design and fill the online form. In this free consultation (whether in person, by phone, Skype or email) the company needs to know as much details as possible about the event itself, its style, its location (if already defined) etc. In person consultations are subject to a $25.00 non-refundable fee.

 

2.3 A Quote is strongly recommended for budgets higher than $1,500.00 Quotes are valid for fourteen days.

 

2.4 During these fourteen days the client may discuss the quote and sow, modify it, ask Rosado Events & Design 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 and (SOW) Statement of work has been issued, the client will be required to approve the statement of work. Upon receiving the booking deposit and a confirmation email the sow will form a binding contract.

 

2.6 After the booking of the date, the (SOW) Statement of Work 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. After that term, the company reserves the right to accept or refuse further changes. Whilst the company will endeavor to cover any last-minute additions or changes to delivery addresses, Rosado Events & Design does request that the client calls the company directly at +216.750.3258 (or to other phone number which will be indicated in the Statement of work) to arrange this and make the extra payments: Rosado Events & Design will be able to inform the client of any difficulties with the changes immediately.

 

2.7 The deposit required to reserve the date of the event varies from 20% to 50% depending on the time and place chosen for the event itself. For amounts up to $1,000.00 total payment is required upfront.

 

2.8 Two months before the date of the event, 80% of the amount must be paid. Two weeks before the event 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 Rosado Events & Design.

 

2.9 An extra charge of 15% will be requested for events booked less than one month before the wedding date.

 

2.10 If client has a final table count at moment of booking a special 5% discount may be given to the client if he will pay the 100% of the amount upfront at the moment of the booking.

 

2.11 Apart from the payment of the fee requested for the statement of work, any form of payment to Rosado Events & Design is deemed as acceptance of all the terms and conditions of this agreement, thereby confirming the Client’s order.

 

2.12 The booking deposit is non-refundable should the client cancel the booking for whatever reason.

 

2.13 A final invoice will be sent to the client approximately one month before the event date, at which time Rosado Events & Design will finalize details such as flower availability, delivery schedule, etc.

 

2.14 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 labor.

 

2.15 The company reserves the right to adjust the price due to an error or omission. Rosado Events & Design 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 $1,000.00 is not possible to cancel the order.

 

2.16 A security bond may be required to be paid to Rosado Events & Design under certain circumstances. Where applicable, and at the sole discretion of Rosado Events & Design, 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, Rosado Events & Design will deduct from the security bond the amount needed to replace lost or damaged items.

 

2.17 If the loss or damage exceeds the amount of the security bond, the client agrees to pay the additonal costs charged by Rosado Events & Design for these losses and damages within 14 calendar days.

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2.18 Unpaid invoices will be handed over for collection and all collection costs will be added to the overdue invoices for the client’s cost.

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2.19 The company reserves the right to terminate any contract without penalty. In the event of termination Rosado Events & Design shall refund all sums paid by the client to Rosado Events & Design, save deduction of expenses incurred up to that time.

 

2.20 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 $500.00) or to the first required deposit (cfr. 2.7).

 

3. Special care

 

3.1 Rosado Events & Design 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 Rosado Events & Design, 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. Delivery

 

4.1 The client agrees to pay all delivery charges if applicable.

 

4.2 All collections from and returns to Rosado Events & Design must be agreed with the company.

 

4.3 On the day of the wedding all gent’s buttonholes & lady’s 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 groomsmen, 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 Rosado Events & Design 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 items 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 Rosado Event & Design has no way to check on delivery details.

 

4.7 Rosado Events & Design will make every effort to contact the person ordering items 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 Rosado Events & Design 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 Rosado Events & Design 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 Rosado Events & Design 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 Rosado Events & Design 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 Rosado Events & Design 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 Rosado Events & Design will have an extension of time for performance for the duration of that period.

 

5.6 Rosado Events & Design 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 Rosado Events & Design will place items at the ceremony venue or the reception venue in order to minimize 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. Flowers

 

6.1 At all times the company will endeavor to get the colors of flowers as close to client’s chosen color, but in some circumstances due to seasonal changes and greenhouse effects Rosado Events & Design will not be held responsible should color 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 Rosado Events & Design 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 Rosado Events & Design 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. Hiring

 

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 Rosado Events & Design 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 Rosado Events & Design 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 colored 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. Rosado Events & Design generally advises that children under 3 should not be given flowers.

• Flowers supplied by Rosado Events & Design 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 Rosado Events & Design 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 Rosado Events & Design designs client’s flowers for use on his/her day: flowers are perishable items, and will begin to slowly decline naturally once removed from water.  Therefore, Rosado Events & Design cannot guarantee the longevity of flowers after the event day, and cannot take any responsibility for this.

 

10. Privacy policy

 

10.1 Rosado Events & Design is committed to ensuring the privacy and security of all personal information collected for the purpose of processing

orders. Rosado Events & Design respects the privacy of all its customers and the recipients of services and complies with the Law.

 

10.2 Rosado Events & Design 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. Copyrights

 

11.1 According to United States 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 information’s with all people and companies involved in the event project.

 

11.2 Images provided to the client by Rosado Events & Design are protected by copyright and are the property of Rosado Events & Design; they may not be used, copied, published or distributed without the express consent of Rosado Events & Design.

 

11.3 Photos of flower arrangements and/or decorations by Rosado Events & Design must indicate – if they will be in any way whatsoever published – the following credit: Wedding [or: Event] design & decoration [or: Floral design] by Rosadoevents.com.

 

11.4 The client authorizes Rosado Events & Design to publish photos of the event, and he/she also will send these photos – in high resolution size – as soon as he/she will get them from the photographer.

 

11. 5 Rosado Events & Design will credit the wedding photographer unless stated otherwise.

 

11.6 All design sketches provided by Rosado Events & Design 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 Rosado Events & Design and if the Client chooses not to use Rosado Events & Design to provide his wedding decoration, all design sketches must be returned without being copied.

 

12. Other

 

12.1. Unite States law shall apply in all relations to Rosado Events & Design. E&OE

 

12.2. All prices are in US Currency. E&OE