Delivery

Kohi Botanical deliver Auckland wide. By ordering flowers or gifts for delivery through our website, you agree to be bound by the following Terms and Conditions;

If the recipient is not home at the time of delivery, our courier will leave the flowers in what they deem to be a safe location, as well as a calling card detailing when and where the flowers were left. Please note that Kohi Botanical will not be liable for any damages to the delivery after is has left our premises by our courier.

If our courier cannot gain access to a property then they will either leave the delivery in a safe location as above, or return the flowers to our store. Should the flowers need to be redirected or redelivered, all additional costs will be passed on to the customer. For this reason, please ensure that you provide us with a correct and complete delivery address at checkout.

Lost or Damaged Orders

Any claims for damages to deliveries or non-delivered items must be brought to us within two days of the delivery date, so that we can take things up with our courier company. Unfortunately we cannot accept claims made any later than above. To lodge a claim, please contact us. Kohi Botanical reserves the right to investigate the claim, and to attempt a re-delivery before offering a refund. If the re-delivery attempt fails, we will then offer a full refund.

Cancellations

Should you wish to cancel an order, you must do so before the order has left with our courier for delivery. To cancel an order, please contact us. More information about order cancellations can be found in our Refund Policy.

Guarantee

Due to the availability of certain flowers, a substitution may be necessary in order to fulfil your order. Because of this, the products displayed on our online store will vary slightly from what is received. In the event of a substitution, Kohi Botanical will take reasonable care to maintain the style, theme and colouring of each arrangement, using flowers of equal or greater value.

Please note that certain products may become unavailable at any given time. This is especially true around holidays such as Valentines or Mother’s day. We apologise for any inconvenience this may cause.

By purchasing products through our website you hereby confirm that you have read and agreed to the above statements.

Returns

Here at Kohi Botanical, our goal is to provide the best customer service experience we can. In order to provide our customers with a complete understanding of our refund process, we have provided the following policy.

As well as upholding our end of the Consumer Guarantees Act, Kohi Botanical commits to the following:

In the event that an order never arrives, we ask that the customer please contact us immediately. Kohi Botanical reserves the right to investigate the claim, and to attempt a re-delivery before offering a refund. If the re-delivery attempt fails, we will then offer a full refund.

If a customer is unhappy with the quality of their floral arrangement, Kohi Botanical should be contacted immediately. In almost every case, we will gladly replace the arrangement. In order to request a replacement, the customer must contact the store within 24 hours of delivery.

If a customer wishes to cancel their order, they must contact Kohi Botanical as soon as possible. Please note that cancellations will not be accepted after the flowers have been sent for delivery.

Hire Period

The period commences as at the date shown on the rental agreement at the time it leaves the owners store. The period of hire shall be as per dates recorded on the hire agreement The owner may terminate the hire at anytime and without providing any reason for doing so after giving 48 hours written notice. The owner will not be responsible to the hirer for any loss they may claim to have suffered in respect of such termination, and not withstanding the termination of the hire then the hirer shall be obliged to pay to the owner a sum equal to the hire charges for such period as the equipment is out of the owners possession.


Delivery and removal of equipment

The hirer authorizes the owner to bring it's vehicles onto their property to deliver and recover the equipment at the end of hire. The Owner shall not be responsible to the hirer nor third parties for any damage that may be done to driveways or underground services by any reason of the weight of the vehicle. All cartage charges are to be paid by the Hirer. Equipment must be packed up, ready for loading, and assistance rendered to the Owners driver if more than one person is required to load it. Hirer is still responsible for equipment until it is picked up from site by Event Styling Co or one of its agents.


Payment

Upon entry of this agreement, the hirer shall pay in full the total hire amount including any bond required. Unless the Hirer operates a credit account with the Owner. The Hirer by accepting the goods and services agrees to the terms and conditions as laid down by the owner and agrees to pay any costs of collection and all legal fees incurred by the Owner in the event of legal action becoming necessary. Where the hirer operates a credit account with the Owner payment is due on the Twentieth of the month following date of invoice. Where payment is not made by the due date, the Owner reserves the right to charge default interest at the rate of 10% above the the Hirer's overdraft rate as it may apply.

Hire Rates

Unless otherwise specifically arranged between the owner and the hirer, equipment is hired on a daily rate, in accordance with the owners current schedule of charges.


No Warranties

The equipment does not purport to be new stock. The owner gives no warranty or representation as to the condition or the quality of the equipment or it's fitness for any particular purpose and no such warranty shall be implied from the description of the equipment on the order sheet completed. It is the hirers responsibility to satisfy him or herself that the equipment is suitable for the purpose intended. All implied warranties and conditions as to the condition, quality or fitness of the equipment for any purpose are excluded.

Property

The equipment shall at all times remain the property of the the owner and the hirer shall acquire no interest in the equipment. The hirer will not part with possession of the equipment or any part thereof except with the consent of the owner and will not sell or purport to attempt to sell, pledge, mortgage, encumber, charge, sublet or otherwise deal in a manner prejudicial to the owner with the equipment of any part thereof.


Maintenance of Equipment

The hirer shall take good and proper care of the equipment and shall be fully liable to the owner for the cost of repairs or replacement of the equipment or any part thereof arising from fire, theft, accident, use, misuse, act of God, or otherwise loss or damage whatsoever caused during the period of Hire. In the event that any equipment is returned to the

Owner in a dirty condition, the hirer shall be liable for any extra charges for cleaning or repair. The hirer warrants that they are competent and qualified to use the equipment. The Owner is not liable for any loss alleged to have been suffered by the Hirer as the result of breakdown of the equipment however caused. The Hirer shall not have any claim against the Owner for loss or damage suffered by the Hirer as a result if the Hirer use or misuse of the equipment and furthermore the Hirer will indemnify the Owner against any claim made against the Owner by a third party in respect of injury, personal or property or other loss arising out of the use or misuse of the equipment provided. The hirer shall forthwith notify the Owner in the event of any breakdown or failure and will not carry out any repairs without the consent of the Owner

Joint and Several Liability

All obligations imposed upon the Hirer by this agreement if there shall be more than one Hirer shall be joint and several. The Hirer shall not assign the agreement to any other person.

Owners Right to Inspect

The Hirer shall forthwith upon request by the Owner advise the Owner of the whereabouts of the equipment and allow the Owner it's agents or servants reasonable time to inspect and test the equipment and for such purposes the Hirer hereby gives irrevocable leave and license to the Owner it's agents and servants to take possession of and remove the same and to enter upon any premises of the Hirer and as the act of the Hirer enter upon any premises where the equipment or any of the same or part thereof may be.

Default

If the Hirer does not observe or comply with the terms of this agreement, or if the Hirer commits an act of bankruptcy or being a company a petition shall be presented for it's winding up or a resolution shall be made for it's winding up or a proposal is made for composition with it's conditions or a receiver shall be appointed of it's assets or any of them or an execution or distress believed upon the equipment or if any judgement against the Hirer shall remain unsatisfied for two days or more, the Owner may by notice immediately terminate this agreement time being of the essence.

Notice

Any notice to be given under the terms of this agreement shall be effective if posted by ordinary post to the address provided on the order sheet copy hereof for the Hirer and shall be deemed to have been given when such notice would have been received in the ordinary course of post.


12. Authority - The person signing the order sheet for or on behalf of the Hirer warrants that he or she has the authority of the Hirer to make this contract on the hirers behalf and that he or she is employed by the Hirer to bind to this agreement. The person so signing hereby indemifies the Owner against any losses and costs incurred by the Owner in the event that the person signing does not have authority on behalf of the Hirer.



13. Termination and Remedies - Upon termination of the period of Hire whether by the passing of the date and

time for the return or by notice or however.



(a) The Hirer shall forthwith return all of the equipment to the Owner in good clean order and condition.


(b) The Owner shall have the right to immediately repossess the equipment and for such purpose, the Hirer gives irrevocable lease and license to the Owner it’s servants and agents to enter upon any premises of the Hirer or associate of the Hirer where the equipment or any part thereof may be.



(c) The Hirer shall forthwith pay to the Owner the following amounts:


(1) All outstandinghire charges to the time of termination

(2) In respect of any equipment or part thereof not returned by the time of termination, a sum equivalent to the Hire charges for any such equipment or part thereof, or any further period until the equipment is returned to the Owners possession provided that in respect of any equipment which is lost or destroyed the Hirer shall pay instead a reasonable cost of replacement.

(3) Any delivery or collection costs reasonably incurred by the Owner upon repossessing the equipment.

(4) In respect of any equipment or part thereof returned in damaged or dirty condition a reasonable cost of repair and or cleaning will apply.

(5) In the event steps of legal action are deemed necessary all amounts outstanding will require reimbursement of such recovery action.