Terms of service

TERMS AND CONDITIONS OF SALE
These Trading Terms shall govern the sale and delivery of Goods and services by Le Fleur Studios Pty Ltd (ABN 67 637 775 912) ("Fleur Studios, we, us") to its customers.
Terms and Conditions mean these terms and conditions, as amended, modified, consolidated, or replaced from time to time. They apply to any Goods or services supplied or to be supplied to us or any third party at our request.
 “Customer” and “you” means the Buyer (or any person acting on behalf of and with the authority of the Buyer) as described on any quotation, work authorisation, or other form as provided by Fleur Studios to the Customer.


1. Price

a. You must pay for Goods at the time of submitting an order (“Order”) with Fleur Studios. The payment can be paid by Visa, MasterCard or Afterpay.

b. Goods are not secured until payment is received in full.

c. All Orders placed through the website https://www.fleurstudios.com.au/ (“Site”) are subject to confirmation and acceptance by Fleur Studios. Fleur Studios will email you with confirmation of the receipt of Your Order within ten minutes.

d. The price of the Goods is the amount shown on the Site and is inclusive of GST except where the price is expressed to be exclusive of GST.

e. We will pay interest compounded monthly on any overdue account shown in any invoice at the rate of 10%.

f. Fleur Studios may increase the price of the Goods ordered by you at any time arising as a result of any increased costs passed on to us by any supplier or as a result of any change of law, including increases in any taxes.

g. All prices exclude the costs of delivery, packing, loading and installation of the Goods.

h. All prices are subject to alteration by us to reflect price ruling as at the date of your acceptance of the Order. Prices published in the Site are recommended prices only. You accept that Fleur Studios is under no obligation to sell the Goods to you at the recommended prices. In the event you disagree to the increased prices, you may cancel the Order subject to you providing a written notification of your wish to cancel the Order within seven (7) days of the announcement of the increase.

i. Fleur Studios may change the prices for the Goods at any time.

j. Where fluctuating exchange rates affect the price payable by you for the Goods, and that exchange rate fluctuation has not been expressly allowed for by Fleur Studios in calculating the price payable by you, the Contract price for the Goods will be varied accordingly.

k. Quotations are valid for 10 days and the items are not secured until payment is received.


2. Risk and Title

a. Risk in the Goods passes to you once the Goods are collected from our warehouse or delivered.
b. Title remains with Fleur Studios until you have paid for all Goods supplied in full and in cleared funds.


3. Delivery, Claims, Returns & Cancellations

You agree that the Terms and Conditions current at the time of delivery apply to any Order you place with us from time to time. All deliveries will be made to you in accordance with our Shipping and Delivery policy available on the Site. The Shipping and Delivery Policy may be amended, modified, consolidated, or replaced from time to time.

a. Delivery to you will be at your premises or as requested by you. If not collected after 7 days of any nominated delivery date, you must pay all storage costs. Fleur Studios will not be liable for any delays.

b. If you need to need the Goods to be stored by us, we will store the Goods for you for free for up to one (1) month. After which $20 is payable by you per week in advance. Once the Order is dispatched, no changes can be made and you are required to accept the delivery. All other expenses relating to delivery, insurance, transit or storage of Goods after delivery to you will be at your cost.

c. We offer pick up from our warehouse. Any Goods collected by you must be in accordance with the Rules available on the Site. The Rules concerning the collection of Goods may be amended, modified, consolidated, or replaced from time to time.

d. You are required to inspect the Goods upon collection. We are not responsible for any damage after the Goods are collected from our warehouse.

e. Once the Goods are delivered, they cannot be returned unless the Goods are defective, or incorrect. Claims for defective, damaged Goods or incorrect Orders must be given to us in writing within 24 hours of receipt of the Goods. We will not be liable for any claims advised after that time. Claims are subject to inspection.  If the Goods are damaged, and/or incorrect, please send an email to hello@fleurstudios.com.au with the following information: 

  • Photos of the damage;
  • Description of damage;
  • Your Order number.

f. In the event you changed your mind concerning the Order, you may return the Goods back to us subject to:

  • Us receiving the Goods in its original condition and packaging materials within 14 days of the date of purchase;
  • Shipping & return delivery charges are non-refundable.

g. We reserve the right to refuse returns or exchanges of Goods that are not in “as new” condition because of misuse or damage caused by you. If the items are damaged which can be repaired, we will deduct the cost of repair from you.

h. In the event the Order is not dispatched within 12 business days (for items in stock), you may request for cancellation of the Order and we will provide you with a refund.

i. You agree to accept delivery of the Goods in partial shipments.

j. We will not return and/or exchange the Goods if:

  • they are marked “not refundable” or “final sale”; or
  • they were purchased using gift cards;
  • the Goods are samples;
  • the Goods are damaged as a direct or indirect result of your conduct;
  • they are a special order item imported by us specifically for your Order;
  • the Goods have been modified to suit your specifications;
  • the Goods are not “as new” and in the original packaging so as to avoid damage;

k. We will not consider your claim in respect of the Goods or the Services if:

  • you do not give the written notice in accordance with these terms and conditions;
  • You have not complied with your obligations in this contract;


4. Custom Orders

a. We require a 50% deposit to place a custom/pre-order. The remaining 50% balance is due prior to shipping.

b. All custom/pre-order lead times are approximately 12 to 16 weeks excluding holidays or delays resulting from circumstances beyond our control. Estimated timeframes are to be used as a guide and cannot be guaranteed.

c. Custom orders cannot be cancelled, returned, or refunded once the 50% deposit has been processed. By making the 50% deposit you are agreeing to the terms and conditions of custom order sale.

d. All natural materials we use will vary. If natural materials are selected, we will not accept any returns, cancellations, or refund due to slight variations in materials used.


5. Errors, Inaccuracies, and Omissions

a. Although we have attempted to provide accurate information on the Site, we are not responsible for and make no guarantee or warranty, expressed or implied, as to the reliability, accuracy, timeliness, or completeness of that information and assume no responsibility for any typographical errors or omissions therein, including with respect to availability, promotions, offers, content, pricing, or product images. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

b. Certain Goods displayed on the Site are available while stock last, and we cannot guarantee that any product displayed on a Site is available at the time it is displayed. We have made every effort to display as accurately as possible the colors and styles of our products that appear at the Site, but we cannot guarantee that the display of any color or style on your computer or mobile device will be accurate.


6. Enforcement 

a. If an Event of Default occurs or is continuing, we may immediately enforce these Terms and Conditions. Without limitation this includes:

  • retaking possession of any Goods not paid for by you;
  • suspending delivery of any Goods on Order and/or refusing to process.

b. You will pay our enforcement costs and those of any agent of ours including legal costs on an indemnity basis.


7. Force Majeure
a. Fleur Studios will not be liable for any delay or the failure to perform any obligation in your favour arising because of a force majeure event.


8. Prohibition on Resale

a. Fleur Studios reserves its rights to limit the quantities of product sold to Customers as it sees fit. Unless you have our prior written consent, you must not purchase the Goods for the purpose of selling or supplying them as part of a commercial business.

b. This includes using our products to advertise or promote your own goods or services.


9. Gift Cards and Promotional Codes

a. Gift Cards may only be redeemed at the Site. Gift Cards are not valid to be redeemed at any Fleur Studios stockist.

b. Gift Cards are valid for three (3) years from the date of purchase. Gift Cards are not redeemable for cash. Fleur Studios does not take any responsibility for any lost or stolen Gift Cards.

c. When purchasing with a Gift Card, you may still be required to enter your credit card details to verify your purchase. If your Gift Card is for the full amount of your order, your credit card will not be charged.

d. From time-to-time Fleur Studios may offer promotional codes that can be applied to your Order. In the event you wish to claim the promotional code, you must enter the promotional code in the space provided during the checkout process. The value of the promotion will be applied to your order automatically.

e. Unless otherwise specified, one promotional code may be used per transaction per Customer.


10. Usage of the Site

a. The Site is protected by Secure Socket Layer encryption “SSL.” SSL is a security device that ensures that any data, which you enter into a secure area of the Site, is encrypted during transmission over the Internet.

b. SSL utilises data encryption to create a secure environment for you to conduct your online transactions. In order for SSL to be effective, you must be using an SSL compliant browser.

c. Fleur Studios does not store or keep credit card numbers from Orders and/or online transactions. The last four numbers and the expiry date of your credit card number are kept for order verification and identification purposes only.

d. Fleur Studios has provided information on this website as accurately as possible. You agree that we are not responsible for any loss and damage you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

e. You agree that you will use this Website in accordance with these Terms and Conditions and that you will not use the Site for any unlawful purpose.

f. You will not violate or attempt to violate the security of the Site. You agree not to obtain any unauthorised access to the Site, Fleur Studios’ computer systems or the computer systems of other users of the Site.

g. As you browse the Site, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising partners, Google Ads and Meta Ads, enables us to present you with retargeting advertising on other sites based on your previous interaction with the Site. The techniques our partners employ do not collect personal information such as your name, email address, postal address or telephone number.


11. General

a. If any provision of these Terms and Conditions is unenforceable for any reason, it will not invalidate any other provisions that will remain in full force and effect despite that invalidity.

b. These Terms and Conditions contain the entire agreement in respect of the supply of Goods to you.


12. Governing law

a. These Terms and Conditions are governed by the laws of Queensland. We submit to the non-exclusive jurisdiction of any Queensland court and waive any rights to claim that courts there are an inconvenient forum.
 

13. Notices
a. Any notice required under these Terms and Conditions may be given by any party, any director or authorised person of that party.

b. Any notice may be given at that party’s registered address or other address stipulated in the Order or as notified in writing for the purposes of this clause. Without limitation, this includes any electronic address notified to the other party.


14. Time

a. For the purposes of any payment obligation of yours under these Terms and Conditions, time is of the essence.


15. Exclusion of implied terms
a. To the extent permitted by law, we exclude all conditions, warranties, terms and consumer guarantees implied by law (including the Australian Consumer Law) arising in connection with a supply of Goods or services. To the extent permitted by law, we limit our liability in our discretion to replacing the Goods or supplying equivalent Goods, or, in the case of services, by supplying the services again.

b. Warranty will be voided in the event Goods have been disassembled, modified, or repaired by a third party not approved by us.

c. Any advice, recommendation, information, assistance, or service provided by us in relation to the Goods or their use or application is given in good faith, is believed by us to be reliable, but is provided with an express disclaimer for any liability or responsibility on our part.
 

16. Limitation of liability

a. To the extent permitted by law, you exclude any liability in contract, tort (including negligence) or otherwise, in connection with the supply of Goods and services for an indirect damages or losses, or for any special, punitive, or exemplary damages. This includes any liability for a claim that the Goods are not fit for a particular purpose, except where the Goods are consumer goods or services in which case your liability is limited as under clause 15.


17. Intellectual Property -  Design and Copyright
a. You agree and acknowledge that Fleur Studios is the legal owner of any intellectual property including (not limited to) garment designs, fabric designs, images, furniture designs, and décor designs.

b. You agree to not use, duplicate, copy or disclose any intellectual property date belonging to us.

c. Unless otherwise noted, all materials on the Site are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by Fleur Studios or by other parties that have licensed their material to Fleur Studios. Fleur Studios’ trademarks on Site represent some of the trademarks currently owned or controlled in Australia. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held by Fleur Studios.


18. Definitions

a. Event of Default means:

b. You fail to pay when due any moneys owing to you under these Terms and Conditions.

c. we breach any other provision of these Terms and Conditions and fail to cure it within 5 businessdays’ notice from you to do so.

d. Default has a corresponding meaning.

e. Force Majeure Event means a supervening event, which is outside of our control.

f. GST means any goods and services or similar tax, together with any related interest, penalties, fines or other charge. Tax invoice, taxable supply and value have the meaning given to them by the GST Law.

g. GST Law means A New Tax System (Goods and Services Tax) Act 1999 (Cth).

h. Goods mean any goods we supply to you that are described in any Order, quotation, work authorisation or any other documents we provide you.

i. Terms and Conditions mean these terms and conditions, as amended, modified, consolidated or replaced from time to time and located on the Site current at the time of delivery. They apply to any Goods or services supplied or to be supplied to you or any third party at your request.

j. Buyer means you or Customer.

 

19. Interpretation

a. The singular includes the plural and the converse.

b. A gender includes all genders.

c. Defined terms include their corresponding grammatical forms.