Terms & Conditions
This website is owned and operated by Floral DeVine. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors floral products and gifts By accessing or using the website of our service, you approve you have read, understood, and agree to be bound by these Terms and Australian Laws.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, which govern Floral DeVine relationship with you in relation to your use of this website.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Floral DeVine and “You” and “Your” refers to you, the client, visitor, website user or any person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard use as conclusive evidence of your agreement and acceptance of these terms govern your and Floral DeVine's rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website you agree and accept Floral DeVine is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure any products, services or information available through this website meet your specific, personal requirements. You acknowledge such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Floral Devine's liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
DELIVERY OF PHYSICAL GOODS
Floral DeVine uses trusted internal / external couriers and/or other reputable courier companies to deliver physical goods. Orders will not be dispatched until full payment is received and Floral DeVine is satisfied with the integrity of the order. It is your obligation to enter the correct delivery address details at the time of ordering. If the delivery details you have given are incorrect, Floral DeVine will not refund any payment. If you wish to send the order again it will be at full expense. Delivery times may vary depending on the delivery company chosen. Floral DeVine is not responsible for goods which are either damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Floral DeVine. In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs. Overdue accounts will be subject to interest at the rate of 15% p.a., calculated for the period the account is due until the date it is paid. Normal delivery hours for Floral DeVine are between 9am and 6pm Mon-Sat. Floral DeVine offers same day delivery for orders submitted before 4pm AEST Monday to Friday, and 2.30pm AEST Saturday . Floral DeVine cannot guarantee a specific delivery time. We will make every attempt to fulfil your request but cannot guarantee it. As Floral DeVine is closed on public holidays, we will deliver your gift on the next available business day. Prices of goods and services and delivery and other charges displayed on the Floral DeVine web-site are current at the time of display. These prices are subject to variation without notice. We will always attempt to be as accurate as possible with our product descriptions and pricing. All prices quoted are inclusive of GST and all prices are quoted in Australian dollars. Flowers/plants are seasonal and subject to availability on the day of delivery. Hamper items are subject to availability on the day of delivery. Containers are subject to availability on the day and may be substituted. Products/colours/containers may vary in regional/interstate areas.
Delivery will be made on the date requested and every effort will be made to meet requests as to preferred times, but only funeral deliveries can be specific with regard to time.
Deliveries are made to Residential and Business addresses. We do not deliver to PO Box addresses.
Complaints must be made within 48 hours of delivery to Floral DeVIne.
Special delivery conditions apply to hospitals, hotels, ships, airports, funeral parlours, crematoria and cemeteries.
Should you have any further queries please call Floral DeVine during business hours or email us at info@floraldevine.com.au
Alcohol delivery is subject to State liquor laws. You must be 18 years or older to order or receive alcoholic beverages. Other licensing or delivery restrictions may also apply.
As a result of both Government instructions and our Florists' personal safety requirements, your order may be left in a secure location at the front door (or equivalent) of the recipient's delivery address. Your Special Instructions (if any) are noted, but may not be able to be complied with.
Where a secure location cannot be identified, our couriers will leave a message advising your recipient to contact the store and the item will be returned to the store.
CANCELLATION
Should you need to cancel your order, the full amount will be refunded less a $25 administrative fee, ONLY IF notice is received by Floral DeVine 24 hours prior to the scheduled delivery date. Cancellations received with less than 24 hours notice prior to the date of delivery will be charged at 50% of the total order value. We are unable to cancel orders which have already been created and are in the process of being delivered.
RETURNS AND REFUNDS
Floral DeVine handles returns and processes refunds in accordance with the Australian Consumer Protection legislation. As each flower is unique, so too, are your special requirements and concerns surrounding your order. We ask you to please call our store 0298162185 to discuss any queries or concerns you may have in relation to your gift.
A number of resolutions may be available to you and are subject to your particular situation. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Note: All refunds for orders placed online or over the telephone are credited back the original credit card on which the order was purchased. Refunds for in-store purchases may be processed through the original credit card for which the order was purchased or by EFTPOS only. A voucher to the same amount paid will be issued for all cash purchases. Refunds are made at the discretion of Floral DeVine.
DISCLAIMER
To the fullest extent permitted by law, Floral DeVine absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Floral DeVine gives no warranty the documents, goods or services will be free of errors, or defects will be corrected, or our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of Floral DeVine to bear any entire costs of servicing, repairs, or correction. The applicable law in your state of territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services may be offered through it. It is your responsibility to do so.
YOUR PRIVACY - see policy
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Floral DeVine. Floral DeVine expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Floral DeVine will hold you fully responsible for any loss it might sustain and further holds you accountable for all profits you might make from such unpermitted and improper use. Floral DeVine reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products may be available for download from time to time on this website.
Floral DeVine expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and Floral DeVine concerning your use and access to the Floral DeVine website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
JURISDICTION
This agreement and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and Floral DeVine which results in litigation then you must submit to the jurisdiction of the courts of New South Wales.
Floral DeVine guarantees the freshness, flower quality and value of every Floral DeVine order. Each Floral DeVine arrangement and hamper delivered is created by a professional florist.
All prices are shown in Australian dollars & include all taxes, where applicable.
A delivery fee (minimum) will be added to your order if delivery is requested. This may increase depending on the delivery area you choose.
CARD MESSAGES
While special characters can be used ie Emoji's, Floral DeVine does not guarantee these will be placed on the card message itself. IWe hand write card messages and may not be able to replicate all the special characters utilised.
Gift Cards / Voucher
-
Without excluding, restricting or modifying your rights under the Australian Consumer Law (and any other non-excludable statutory right) our liability to you in all other cases will be limited to refund or reissue of your Card / Voucher up to the value of your purchase or remaining purchase. We will not be liable for indirect or consequential loss arising from or connected to your Card and our liability to you for loss or damage related to or in connection with your Card will be reduced to the extent you cause or contribute to the loss or damage
-
The resale, marketing, advertising or other promotional activities related to or of a Card is prohibited without our prior written consent. If you do so without our prior written consent, your Card may be considered invalid and we are not obliged to allow you or the Recipients to use or Redeem the Card Balance on these Cards
Terms and Conditions
1. Definitions
In these terms and conditions:
"Expiry Date" means:
a) for Your Gift Cards, the date being 36 months from the date of receipt of a Your Gift Card, after which any remaining funds on a Your Gift Card will not be available for Redemption and will be forfeited;
"Recipient" means the person who receives a Card as the case may be (and for the avoidance of doubt may be the same as the purchaser).
"Redeem" means to reduce the value loaded on a Card by using it to purchase goods or services, and "Redeemable", "Redeemed" and "Redemption" have corresponding meanings.
A reference to "we", "us" or "our" is a reference to Floral DeVine.
A reference to "you" or "your" is a reference to the person who is taken to agree to these terms and conditions under clause 2, and includes any purchaser or Recipient of a Card.
A reference to "$" or "dollar" is a reference to an Australian dollar.
2. Agreeing to the terms and conditions
2.1 These terms and conditions apply to each Card.
2.2 You agree to be bound by these terms and conditions by purchasing, activating, using, or attempting to use a Card, or by making a transaction enquiry or exercising any right to Redeem value loaded on a Card.
2.3 In addition to these terms and conditions, you agree to be bound by any additional product terms and conditions that apply to the Card that you purchase.
2.4 By purchasing, activating, using or attempting to use a Card, or by making a transaction enquiry or exercising any right to Redeem value loaded on a Card, you warrant to us that you will comply with these terms and conditions and all applicable laws and that the Card will not be used in any manner that is unlawful, misleading, deceptive, unfair or otherwise harmful to consumers.
2.5 If you are giving a Card to another person, you should ensure that the Recipient is aware of the terms and conditions that apply to the Card and the relevant Expiry Date of the Card.
3. Redeeming your Card
3.1 Your Card can be Redeemed at Floral DeVine, Hunters Hill NSW up to the value specified on the Card. Value Redeemed is deducted from the Card Balance.
3.2 Where the price of the goods or services being purchased with a Card exceeds the Card Balance, you must pay the amount exceeding the Card Balance by an alternative payment method at the discretion of the relevant Participating Store.
3.3 Cards cannot be refunded or used to obtain cash. You cannot use your Card to make a credit card payment or other transaction account deposits.
if your Card Balance reduces below $1 in relation to a Card, you cannot access or request those funds be returned to you and you forfeit those funds to us.
3.4 You may not be able to Redeem your Card on all products. For example, some Cards cannot be used to make donations, or purchase any other products other than those specified on the card ie Flower Bouquet or products we notify you from time to time. If your Card cannot be Redeemed on certain products, we will notify you of this prior to purchase.
3.5 Your use of a Card at Floral DeVine is at all times subject to the policies (and where applicable, other terms and conditions) of Floral DeVine regarding the goods and services made available by it.
3.6 Resale of Cards is strictly prohibited, except with our prior written consent. Cards that are resold in breach of this clause may be considered invalid, and we are not obliged to allow the Recipients of those cards to use or Redeem unspent value on their Cards. If approved, Cards cannot be resold for more than the original purchase price.
4. Lost or Stolen Cards
4.1 If your Card is damaged, lost or stolen, please contact us.
4.2 We reserve the right to place a stop on your Card if:
a) you report that your Card has been lost, stolen, damaged or deleted;
b) we believe (or reasonably suspect) that you have used (or will use) your Card contrary to these terms and conditions; or
c) we believe (or reasonably suspect) that there is an error with your Card.
5. Liability
5.1 You are responsible for the security, use and safety of your Card.
5.2 Without excluding, restricting or modifying your rights under the Australian Consumer Law (and any other non-excludable statutory right), our liability to you in all other cases will be limited to refund or reissue of your Card up to the value of your purchase. We will not be liable for indirect or consequential loss arising from or connected to your Card in contract, tort, under any statutes or otherwise (including without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.
5.3 Our liability to you for loss or damage of any kind arising out of or in connection with these terms and conditions or your Card is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
6. Relationship with Us
6.1 Cards may be used as personal or business gifts, but must not be used in connection with any marketing, advertising or other promotional activities unless you obtain our prior written approval. Cards that are used in marketing, advertising or other promotional activities in breach of this clause may be considered invalid, and we are not obliged to allow the Recipients of those cards to use or Redeem unspent value on their Cards.
7. Errors and complaints
7.1 If you have questions or if you wish to make a complaint about your Card, contact us via:
a) the ‘Contact us’ section of the Website; and/or
b) 0298162185.
8. Updates to Terms
8.1 We may update these terms from time to time. The latest terms will be published on our Website.
8.2 If we consider that a variation is likely to have a material detrimental impact on you, we will provide reasonable prior notice of such change.
8.3 Your continued purchase or use of a Card following the effective date of a variation constitutes your acceptance of the amended Terms and Conditions.