Terms and Conditions of use
TERMS AND CONDITIONS
1. Fresh Flowers
1.1 www.freshflowers.com.au (the “website”) is owned and operated by Fresh Flowers Sydney Pty Ltd ABN 19 162 033 865 (“we”, “us” and “our”).
1.3 We reserve the right to amend the Terms from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the Terms as amended.
2.1 A contract for the sale and purchase of goods will only be formed with you if we, at our discretion, accept an order for goods from you. Unless we notify you in writing prior, acceptance of your order occurs when we:
a. have received your full contact details including full name, email address, phone number, billing address, recipient’s full name, delivery address and delivery date;
b. debit your credit card or PayPal account to process your order; and
c. contact you, by email (or otherwise), confirming your order.
2.2 You can place an order on the website or by calling Customer Service on 1300 468 373. To place a customised order that cannot be facilitated through our online shopping cart facility, including orders made from overseas, phone Customer Service.
2.3 To secure your order we require full payment of the purchase price via MasterCard, American Express, Visa or PayPal. Orders will not be processed until payment has been successfully processed and we have your full contact details.
3. Delivery, postage and handling
3.1 We will deliver the goods to the Delivery Address specified during the checkout process. We take no responsibility if you provide an incorrect Delivery Address. If an incorrect Delivery Address is provided and you request that the flowers be delivered to another address:
a. if the same bunch of flowers is to be re-delivered you will need to pay an additional re-delivery fee related to the agreed delivery timeframe; or
b. if the bunch of flowers requires re-production you will need to pay for the product and delivery in full prior to re-delivery.
3.2 It is your responsibility to ensure that someone is present to accept delivery. We take no responsibility if no one is present at the Delivery Address to accept delivery on the delivery date specified during checkout. If the recipient is not present at the Delivery Address the flowers will be left at the Delivery Address unless, in the courier’s opinion, it would not be safe to do so, in which case:
a. the flowers will be returned to the point of dispatch;
b. you will be contacted and advised that the flowers were not able to be delivered; and
c. if the same bunch of flowers is to be re-delivered you will need to pay an additional re-delivery fee related to the agreed delivery timeframe; or
d. if the bunch of flowers requires re-production you will need to pay for the product and delivery in full prior to re-delivery.
3.3 At events such as Christmas, Mother's Day and Valentine's Day it is mandatory to select one of the following options: "Leave at front door", "Leave at reception", or "Return to shop". By agreeing to "Leave at front door" or "Leave at reception" this gives us permission to leave your entire purchased gift at the recipient's front door or in the requested area. "Return to shop" will incur a next day re-delivery fee.
3.4 All charges for delivery, postage and handling are specified at checkout or otherwise notified prior to acceptance of an order.
3.5 Deliveries will not be made on Sundays or public holidays, unless specifically offered as part of an event such as Christmas, Valentine's Day or Mother's Day.
3.6 Our standard same day delivery of ($19.95 Monday-Saturdays) entails that an order must be placed before 2.00pm Monday to Friday and 10.00am Saturdays. On weekdays flowers will be delivered to business addresses prior to 5.00pm and to residential addresses prior to 7.00pm. Orders for same day delivery that are placed after 2.00pm will incur an additional processing and/or delivery charge. Same day delivery is only for selected areas and will be shown at checkout.
3.7 We offer special delivery services (VIP delivery), which incur additional fees. VIP Delivery is not available in all areas. If you require delivery before a specific time, VIP delivery options will be offered if applicable as part of the online or phone order process. Extra delivery charges vary but will be approximately $39.95 for ASAP deliveries and $29.95 by 3pm. The time given as VIP delivery is considered the latest time the delivery will be made and can be delivered anytime prior on that day. We guarantee timed delivery during peak periods including Valentine's Day, Mother's Day and Christmas if the VIP delivery item is available and purchased during the order process.
3.8 We reserve the right to amend the same day cut off time and delivery cost at events such as Christmas, Mother's Day and Valentine's Day. This will be shown during the checkout process.
3.9 Subject to clause 3.8, orders for delivery on Valentine's Day, Wednesday 14/02/2024 will incur a $19.95 delivery charge for most areas. Delivery fees for regional and remote areas may require an additional cost, which will be confirmed prior to purchase.
3.10 Subject to clause 3.8, orders for delivery on Mother's Day, Sunday 14th May 2023, must be placed before 5pm on Saturday 13th May and are guaranteed to be delivered by 6pm on Sunday 14th May. Standard delivery fee of $19.95 applies for orders due for delivery on Sunday 14th May.
4.1 Subject to the availability of flowers, we will endeavour to supply products that match the images and descriptions provided on the website.
4.2 You acknowledge that minor variations between the images and descriptions provided on the website and the goods as delivered may occur.
4.3 You acknowledge that some flowers are seasonal, and our skilled florists will substitute any unavailable flowers for those of a similar appearance and value. Where sundry items are selected (such as chocolates, balloons, soft toys), and are temporarily unavailable, a substitution of equal or greater value will be made.
4.4 You acknowledge that we may engage other florists to fulfill orders in some areas.
4.5 During events such as Christmas, Valentine's Day and Mother's Day, we may offer a restricted range of products and extras. We are only offering products that are shown in our "Valentine's Day Range" for delivery on Wednesday 14/02/2024. This may include, but is not limited to, Fresh Flowers branding, chocolatier chocolates and teddies.
5. Cancellation and changes
5.1 Under our cancellation policy, we will refund 100% of the purchase price paid if you cancel an order by calling Customer Service on 1300 468 373 at least 24 hours prior to the Delivery Date.
5.2 Subject to clause 5.3, changes to an order may be made by calling Customer Service to request the change prior to 2.00pm one day before the Delivery Date.
5.3 Any changes to orders for delivery on special calendar events, including but not limited to Christmas, Valentine’s Day or Mother’s Day made during dispatch may incur additional feed paid prior to delivery, which will be agreed with the customer at the point of change. Most orders will be in the dispatch process by 5pm (in local area) the day prior to delivery. It is the responsibility of the customer to double check during the order process and also their invoice provided to ensure that the recipient's name and address are correct and complete.
5.4 For cancellation of orders during an event such as Christmas (25th Deecember 2023), Valentine's Day (14 February 2024) and Mother's Day (14 May 2023), a 50% administration charge based on the total cost of the order may apply and will be agreed with the customer at the point of change.
6. Guarantee and Claims
6.1 All products supplied come with guarantees that cannot be excluded under the Australian Consumer Law.
6.2 On average, most flowers should last between 3 and 5 days with proper care. Should your flowers wilt within 72 hours (3 days) of delivery please contact us as soon as reasonably practicable to notify us of such damage and we will organise an agreed resolution with you.
6.3 Save for in relation to claims you make under the Australian Consumer Law, the maximum amount we will be liable to you in connection with any claim (or claims) you make in relation to your use of our sites is limited to the total amounts you have paid us for the provision of goods or services.
6.4 Our liability to you for any kind of loss or damage arising out of this agreement is reduced to the extent that you cause or contribute to the loss or damage.
7.1 We are not liable to you for any consequential, indirect, special, punitive, remote or incidental damages or for any loss of profit, loss of data, loss of goodwill, loss of business, loss of opportunity, increased financing costs, or any failure to realise anticipated savings or any type of commercial or economic loss.
7.2 This does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
8. Force majeure
If by reason of any fact, circumstance, matter or thing beyond our reasonable control, including but not limited to lockout or other interference with work, blockade, disturbance, lightning, fire, earthquake, storm, flood, explosion, governmental or quasi-governmental restraint, unavailability or delay in availability of equipment or transport, we are unable to perform any obligation under this agreement, we are relieved of that obligation to the extent that we are so unable to perform and are not be liable to you in respect of such inability.
9. Specific Warnings
9.1 Flowers and foliage are not for human or animal consumption. Specifically, oriental lilies can be harmful for cats.
9.2 You must advise us when placing the order for flowers if the Recipient has any allergies to particular types of flowers. If you do not do so then we will not be able to take any allergies into account when supplying the products.
10. Restricted Use
10.1 You are provided with access to this website only for your personal and non-commercial use.
10.2 You may not interrupt or attempt to interrupt the operation of the website in any way, or use the website in a manner that adversely affects the availability of its resources to others.
10.3 You may not use the website for any illegal purpose or in any manner that is inconsistent with the Terms.
11. Protection of information
11.1 When capturing customer data, it is passed through a secure server using encryption technology to ensure that your information is being protected when being sent over the Internet.
11.2 This website has security measures in place to avoid the loss, misuse and alteration of information under our control. We will protect any information we have concerning you in the same manner as we protect all our other confidential information.
12. Linked websites
12.1 This website may contain third party advertisements and links to other websites, including websites operated by third parties (“linked websites”). We are not responsible for the content or privacy practices associated with linked websites or third party advertisements.
13. Intellectual property
13.1 Copyright in this website (including text, graphics images, logos, icons, sound recordings and software) is owned or licensed by us. Subject to the conditions prescribed under the Copyright Act 1968 (Cth), you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
(b) commercialise any information (including but not limited to images, text, videos or sound recordings), products or services obtained from any part of this website,
without our prior written permission.
13.2 You may not use of any trade marks appearing on the website, without the written permission of the trade mark owner.
14.1 All prices on the website are quoted in Australian Dollars and include GST.
14.2 If any of the Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
15. Promotional Codes
15.1 We may advertise promotional codes from time to time, which will provide customers with discounts to their order value.
15.2 Promotional codes are not transferable and are not valid for the purchase of gift cards or gift vouchers.
15.3 Promotional codes cannot be used in conjunction with any other offers.
15.4 We reserve the right to modify or cancel a promotional code at any time without prior notice if, in our sole opinion, the promotional code is not being used in the manner and for the purposes intended.
16. Email/SMS Communication for marketing purposes
16.1 If you are opted in to receiving promotional/marketing material, Fresh Flowers will send you Email/SMS communications about latest products, promotions, order reminders and key events such as Valentine’s Day, Mother’s Day and Christmas.
16.2 All communications are sent in compliance with the SPAM Act of 2003. We ensure that all subscriber requests are complied with and we take this law seriously.
16.3 You can remove yourself or request removal from these communications at any time. For emails, you can click the unsubscribe link within the email header/footer or request to be removed by emailing our customer service team. For SMS communication, you can click the unsubscibe link in the text message or where specified/available respond to the SMS with ‘Opt Out’. Once we have received your request, we will promptly ensure you’re removed from our mailing list for all marketing communications.