TERMS and CONDITIONS
The following Terms and Conditions constitute an agreement (the “Agreement”) between you as the (“Client”) and Delphine & Rose (“Delphine & Rose”) (“we”, “us”) (A.B.N. 18 134 629 665). The contained terms and conditions apply to your engagement of us for our Services. By engaging us you signify that you agree with these terms and conditions.
1.1 Delphine & Rose provides the services of styled event and catering. The client acknowledges and understands that seating arrangements for the styled event will be “picnic” style.
2. User’s Obligations
2.1 You agree that at all times that:
2.1.1 You will comply with this Agreement (including all Delphine & Rose Policies) and all applicable laws and regulations; and
2.1.2 You will not use Delphine & Rose or any of its related services for any illegal or immoral purpose; and
2.1.3 You will engage Delphine & Rose to provide a private styled event and catering services only, and not for commercial gain or purposes. Should you engage us to style an event other than for private event purposes, you agree to advise us prior to booking and we reserve the right to refuse your booking;
2.1.4 You will provide accurate information, to the best of your knowledge; and
2.1.5 You will not infringe, misappropriate or violate a third party’s intellectual property rights, or privacy rights, or any other rights or result in the violation of any applicable law or regulation.
3.1 Payment of services and/or products from Delphine & Rose will be in Australian Dollars (AUD).
3.2 Payment will be made via Electronic Funds Transfer (EFT)
3.3 Full and punctual advanced payment is required fourteen (14) days prior to the planned event.
3.4 A 50% deposit of the overall service fee will be required to secure the event booking with Delphine & Rose. The remainder of the 50% will payable two weeks prior to the planned event. Credit card security details must be provided at the time of order placement. A booking will not be confirmed until and unless credit card security details are endorsed and supplied to the owner. No payment will be taken from the given credit card unless damage is made to items or property.
3.5 A booking is only confirmed once payment is received by Delphine & Rose.
3.6 All prices displayed of products or services are advertised on our Website. These can be changed without notice.
3.7 In the event Delphine & Rose is required to recover any unpaid costs, all legal costs involved with recovery will be paid by the Client, on an indemnity basis; and where the account is referred to a collection agency, collection costs associated with the collection agency will be added to the balance outstanding and will be paid by the Client.
4.1 All items and ingredients served by Delphine & Rose are sourced locally and for this reason, can change from time to time. They are subject to availability.
4.2 All picnic items and equipment belong to Delphine & Rose, and must be returned to Delphine & Rose in the same condition and standard as first delivered. Any loss, damage, or breakage will be charged accordingly.
4.3 Weather is something Delphine & Rose cannot control. Where owing to the event of poor or damaging weather conditions, we recommend to call Delphine & Rose. A minimum of 48 hours notice is required for a change of location without penalty. Where an alternative location cannot be organised at last minute, the picnic can be arranged and organised at a private premises (Client’s home), at no extra cost.
4.4 Should you wish to reschedule, we will require minimum notice of ten (10) days. Any cancellations after this time, including any last minute change of minds, will incur a penalty fee equal to the 50% deposit.
4.5 Any other requests for cancellations, refunds or offer of credit within this period will be reserved for exceptional circumstances. This will be decided at the sole discretion of Delphine & Rose.
4.6 A surcharge will apply for locations that are outside 20km of Melbourne CBD.
4.7 Delphine & Rose are not responsible for your alcohol consumption. In booking a service or purchasing a product with us, you are abiding by the Liquor Control Reform Act 1998 – where you agree that it is against the law to sell alcohol to, or obtain alcohol on behalf of, a person under the age of 18 years.
5. Intellectual Property
5.1 The information, blogs, text materials, graphics, logos, button icons, trademarks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of Delphine & Rose Website and or any of its Platforms are protected by copyright, trademark and other intellectual property laws.
5.2 If images or information from Delphine & Rose are shared on social media platforms including but not limited to Pinterest, Instagram or Facebook, they must be credited and linked back to Delphine & Rose.
5.3 If images of an event styled and catered by Delphine & Rose is shared on social media platforms including but not limited to Pinterest, Instagram or Facebook, Clients are encouraged to provide credit to Delphine & Rose.
5.4 You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Content (either in whole or in part) unless you have been specifically told that you may do so in writing by Delphine & Rose. Content provided to you by Delphine & Rose are to be used for personal purposes only, and not for profit or commercial purposes.
5.5 Where Delphine & Rose suspects that a Client is using its information or intellectual property for commercial purposes, we reserve the right to take appropriate legal action.
6.1 Pursuant to relevant Australian Consumer Laws, Delphine & Rose agrees to provide our services with due care and skill; and note that we meet a level of professional skill or knowledge to deliver the Services that we provide.
6.2 We cannot provide a refund where a Client has changed their mind(s) about our services.
6.3 Any requests for cancellations or refunds not specified above will be at the sole discretion of Delphine & Rose, and will be assessed on a case by case basis. Such refunds will be exclusive of any postage and handling costs.
7. No warranties
7.1 To the extent permitted by law, Delphine & Rose does make any warranties of any kind, either express or implied, statutory or otherwise, relating in any way to the subject matter of this agreement, including but not limited to, warranties of merchantability or fitness for purpose and all such warranties are hereby excluded.
8.1 Delphine & Rose nor any of its officers, be liable to you or anyone for any delays, errors, omissions, any loss, damage or cost, including, without limitation, any direct, indirect, special, purely economy, consequential or punitive damages or any legal costs arising out of, or in connection:
8.1.1 the use of services delivered by Delphine & Rose;
8.1.2 the use of information provided by you through Delphine & Rose on its website, via communications, and/or its platforms; or
8.1.3 you or anyone else being unable to access Delphine & Rose for any reason.
8.2 You acknowledge that materials on our Delphine & Rose website may contain technical, typographical or photographic errors.
8.3 Delphine & Rose do not make any commitment to update the materials.
8.4 Delphine & Rose accepts no responsibility of damages on equipment, or items, or harm, damage or injury to a person by such equipment while providing services at a private venue.
8.5 You indemnify Delphine & Rose harmless from any and all claims, demands, liabilities, losses, damages, judgments or settlements, including all reasonable legal costs and expenses which may arise directly or indirectly as a result of any promise, representation, warranty, act, omission or obligation of Delphine & Rose in respect of the provision of the Services to You; use of the Services, resources or products to You; and/or any breach of this agreement by You.
8.6 We understand that some Clients may be allergic to some items included in our grazing boards/dessert boards. Delphine & Rose make every reasonable effort to ensure any food allergies or special requirements are catered for, which is why we liaise with the client(s) twice prior to the event, in writing to confirm whether there are any specific allergy requirements.
8.7 Products featured in our grazing boards/dessert boards through Delphine & Rose will be outlined in the order form provided to the Client. The onus is placed on the Client to review, advise and confirm with Delphine & Rose of any specific dietary requirements or allergies of any guests at the event.
8.8 Delphine & Rose will not be held liable to you or anyone for omitting to read and fully acknowledge the detailed ingredients list specified for each of the product(s) available through Delphine & Rose. It is presumed that purchases of products are done so, after understanding and acknowledging the ingredients in the product(s). It is further presumed that the information you have provided to us (if you have noted that there are no allergens) are in accurate and true.
8.9 Delphine & Rose makes no guarantee as to the availability or suitability of services, or information on this Site or to its materials.
8.10 Delphine & Rose nor any of its officers will be liable to you or anyone for any defamatory, infringing, offensive or material found in connection with the use of Delphine & Rose, including such conduct or material transmitted by means by any other person.
9. Disputes and Mediation
9.1 If the Client has a complaint or concerns about the website, please contact Delphine & Rose directly.
9.2 Where disputes have occurred, mediation will be the first cause of action, if communications between the Client and Delphine & Rose to attempt to resolve the dispute has been exhausted.
9.3 All legal/mediation/arbitration fees associated with a dispute raised by the Client will be at the expense (in full) of the Client.
10. Choice of Law
10.1 The agreement herein is governed by the law in force in the State of Victoria and you any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Conditions.
11. Law enforcement
11.1 Delphine & Rose reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials, which violate any applicable or relevant law.
By placing my booking I confirm I have read and understood the Terms and Conditions set forth and agree to the terms and conditions.