Terms & Conditions

Terms and Conditions
Effective Date: 24 October 2024
Owner: Skyris Limited, trading as Fen's Flora
Address: 32B Perkins Road, Frankton, Queenstown, 9300, New Zealand
Contact: +64 273677985
1. Introduction
Welcome to the Fen's Flora website. By accessing or using our website and the services provided by Fen’s Flora, you agree to comply with these Terms and Conditions. If you do not agree to any part of these terms, you should not use our website or engage in our services.
These Terms and Conditions apply to your use of this website and any services, products, and information available through it. Please read them carefully before proceeding.
2. Definitions

• "Fen’s Flora", "we", "our", "us" refers to Skyris Limited, trading as Fen’s Flora.

• "Customer", "you", "your" refers to the person or organisation using our website and/or engaging our services.

• "Services" refers to any gardening, landscaping, or other services provided by Fen's Flora.

3. Website Usage
By using this website, you agree to the following:
a) Content Ownership

• All content, including but not limited to text, graphics, logos, images, audio clips, videos, and software, is the property of Fen's Flora and is protected by intellectual property laws.

• You may view, download, and print material from this site for personal use, but you must not republish, modify, or distribute any content without our written consent.

b) Prohibited Use
You agree not to use this website for:

• Any unlawful purpose.

• Uploading or transmitting any malicious software, viruses, or harmful code.

• Collecting or harvesting data without express consent.

• Attempting to interfere with the website’s operation.

c) Third-Party Links
Our website may contain links to third-party websites. These links are provided for your convenience, and Fen's Flora has no control over and accepts no responsibility for the content or availability of these external sites.
d) User-Generated Content
If you submit any content, such as reviews, comments, or suggestions, to our website, you grant Fen's Flora a non-exclusive, royalty-free, perpetual, and irrevocable right to use, modify, and distribute this content for any purpose.
4. Services Provided
a) Gardening and Landscaping Services
Fen’s Flora provides a wide range of gardening and landscaping services, including:

• Garden and landscape design

• Planting and maintenance

• Lawn care, mowing, and edging

• Weed management and pruning

• Tree and shrub planting

• Outdoor maintenance, including irrigation setup and repair

• Other related services as agreed with the customer.

b) Service Area
Our services are primarily available in the Queenstown region, though we may consider requests outside this area at our discretion.
c) Quotations and Estimates

• Quotations are provided free of charge based on information given by the customer. Prices may be subject to change if additional services or changes to the scope of work are required.

• All estimates are valid for 30 days from the date of issuance, unless otherwise specified.

5. Bookings and Cancellations
a) Service Bookings
To book our services, customers must agree to the scope of work and provide confirmation via phone or an agreed method of communication.
b) Customer Obligations

• The customer must ensure all relevant areas are accessible and free of obstructions on the scheduled service day. Any delays caused by lack of access or obstructions may incur additional charges.

• If underground utilities (such as pipes or cables) are present, customers are responsible for informing Fen's Flora before work begins. We are not liable for any damage to undisclosed structures.

c) Cancellations and Rescheduling

• Customers may cancel or reschedule by providing at least 24 hours' notice. Failure to provide such notice may result in a cancellation fee, at Fen’s Flora’s discretion.

• Fen's Flora reserves the right to reschedule or cancel services due to adverse weather conditions, staff illness, or other unforeseen events, with as much notice as possible.

6. Payments and Pricing
a) Pricing

• All prices are provided in New Zealand Dollars (NZD) and include GST unless otherwise stated.

• Full payment is due upon completion of the service, unless otherwise agreed in writing. For large projects, a deposit may be required upfront, with the remaining balance payable upon completion.

b) Payment Methods
We accept payment via:

• Bank transfer

• Other methods agreed upon at the time of booking.

c) Late Payments
Failure to pay within the agreed time may result in a late payment fee. Fen’s Flora reserves the right to suspend or terminate services for non-payment.
7. Warranties and Liability
a) Service Warranties
Fen's Flora will perform all services with reasonable care, skill, and attention to detail. However, we do not provide any warranties beyond those required by law.
b) Limitation of Liability

• Fen’s Flora is not liable for any damage caused to property where the customer has failed to notify us of potential risks (e.g., underground cables or pipes).

• Fen’s Flora shall not be held liable for any indirect, incidental, or consequential damages arising out of or in connection with the use of our services or website.

c) Indemnity
By using our website or services, you agree to indemnify and hold harmless Fen’s Flora, its employees, and affiliates against any claims, damages, or losses resulting from your breach of these Terms and Conditions.
8. Privacy and Data Protection
We take your privacy seriously. Personal information collected through this website or during the provision of services is used strictly in accordance with our Privacy Policy (available upon request). Your personal data will not be shared with third parties unless necessary to provide the agreed services or where required by law.
9. Intellectual Property Rights
All content and intellectual property rights on the website and in any materials provided to you as part of our services are owned by Fen’s Flora. You may not reproduce, distribute, or otherwise exploit any part of this content without prior written consent from us.
10. Governing Law and Dispute Resolution
These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand. Any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of New Zealand.
In the event of a dispute, we encourage customers to contact us directly to seek a resolution before pursuing any legal action.
11. Changes to Terms and Conditions
Fen’s Flora reserves the right to modify or update these Terms and Conditions at any time. Any changes will be effective immediately upon posting on this website. Your continued use of the website or services following any changes constitutes acceptance of the revised terms.
Contact Us
For any questions or concerns regarding these Terms and Conditions, please contact us at:
Fen’s Flora
32B Perkins Road, Frankton, Queenstown, 9300, New Zealand
+64 273677985