Terms and Conditions of use

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”).
1.2    By accessing, using or browsing this website you agree to be bound by these terms and conditions, the Privacy Policy and all other terms contained on this website (“Terms”).  If you do not accept the Terms cease using this website.
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.    Contract
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 ($14.95 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. 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. 2:00 Same day delivery is only for selected areas. Deliveries to some rural areas, cemeteries and secured buildings are not covered by this guarantee. If an order to a rural address cannot be delivered same day, we will endeavour to deliver the following business day.
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 $34.95 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.
3.9     Subject to clause 3.8, orders for delivery on Valentine's Day, Thursday 14/02/2019 will incur a $14.95 delivery charge for most areas. Delivery fees for regional and remote areas may require additional cost. An ASAP express delivery of $34.95 will apply on orders placed after 7pm on AEST on Wednesday 13/02/2019 for delivery on Valentine's Day 14/02/2019.
3.10    Subject to clause 3.8, orders for delivery on Mother's Day, Sunday 12th May 2019, must be placed before 5pm on Saturday 11th May and are guaranteed to be delivered by 5pm on Sunday 12th May. Standard delivery fee of $16.95 applies for orders due for delivery on Sunday 12th May. In areas where our couriers are unable to deliver on Sundays but are able to deliver Monday-Saturday orders will be delivered on Saturday to ensure your Mum receives flowers for Mother's Day.
4.    Product
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, some flowers may be of different value outside of Sydney metro, and some flowers may not be available for delivery in certain areas. Our skilled florists will substitute any unavailable flowers for those of a similar appearance and value, and you agree not to hold us responsible for any such variations. Where sundry items are selected (such as chocolates, balloons, soft toys), and are not available, a substitution of equal or greater value will be made by us, and you will not hold us responsible for any such variations.
4.4    You acknowledge that we may engage other florists to fulfill orders and that variations between the images and descriptions provided on the website and the goods as delivered may occur, including but not limited to the use of alternative presentation boxes, and you agree not to hold us responsible for any such variations.
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 Thursday 14/02/2019. 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    We reserve the right to not accept changes to orders for delivery on special calendar events, including but not limited to Christmas, Valentine’s Day or Mother’s Day. As of 5pm (time in local delivery area) Tuesday 12/02/2019, we are unable to amend any orders that are due for delivery Thursday 14/02/2019. As of 5pm (time in local delivery area) Saturday 11/05/2019, we are unable to vary any orders for delivery on Mother's Day, Sunday 12th May. 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, Valentine's Day and Mother's Day, a 50% administration charge based on the total cost of the order will apply. This includes orders placed for delivery on Wednesday 13/02/2019 and Valentine's Day, Thursday 14/02/2019. As of 5pm (time in local delivery area) Friday 10th May 2019, a 50% administration charge based on the total cost of the order will apply to cancel an order for delivery on Saturday 11/05/2019 and Mother's Day, Sunday 12/05/2019
5.5    We may, at our sole discretion, reject an order for goods, if, for example, we are unable to arrange delivery to your delivery address. In that case we will notify you as soon as possible and will refund any amounts paid by you in respect of those goods.
6.    Guarantee
6.1    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 within 72 hours or 3 days to notify us of such damage and we will organise a replacement arrangement.
6.2    If in accordance with clause 6.1 we provide you with a replacement bouquet then, subject to any statutory rights you may have (including under the Australian Consumer Law) which cannot be excluded, you agree we have completely discharged our obligations, and any liability we may have, to you.
7.    No warranty
Excepting the warranties and guarantees that cannot be excluded under the Australian Consumer Law, we exclude, and you agree that we have not made any warranty regarding the products, their characteristics or fitness for any particular process.
8.    Indemnity
You will, to the maximum extent permitted by the law, at all times and from time to time indemnify, and keep indemnified, us and our directors, officers, agents and employees (together the “Indemnified Party”) harmless from and against all liabilities, losses, damages, costs or expenses directly or indirectly incurred or suffered by the Indemnified Party, and from and against all actions, proceedings, claims or demands made against the Indemnified Party as a result of:
(a)    your use of the website;
(b)    your use of products purchased from us;
(c)    your provision of incorrect information to us; or
(d)    any breach of these Terms.
9.    Disclaimer
9.1    Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these Terms, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of:
(a)    your use of this website;
(b)    any loss arising out of your use of, reliance on or failure to act, on any information contained on or accessed through this website;
(c)    errors, mistakes or omissions on this website;
(d)    goods or services supplied pursuant to an order placed on this website; and/or
(e)    any failure or omission on our part to comply with our obligations as set out in the Terms.
9.2    This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
10.    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.
11.    Specific Warnings
11.1    Flowers and foliage are not for human or animal consumption.
11.2    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.
11.3    We do not accept responsibility for:
a.    any use of this website which is illegal or prohibited by laws which apply to you;
b.    any interference or damage to your own computer which arises in connection with your use of this website;
c.    losses you may sustain due to unauthorised access to or alteration of your transmissions or data or of information contained on your computer or on this website; or
d.    malfunctions to computers, hardware or software, or for other errors, failures, or delays in computer transmissions or network connections or for lost, late, mutilated, illegible, incomplete or misdirected information.
12.    Restricted Use
12.1    You are provided with access to this website only for your personal and non-commercial use.  
12.2    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.
12.3    You may not use the website for any illegal purpose or in any manner that is inconsistent with the Terms.
13.    Protection of information
13.1    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.
13.2    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.  
14.    Linked websites
14.1    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.
15.    Intellectual property
15.1    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.
15.2    You may not use of any trade marks appearing on the website, without the written permission of the trade mark owner.
16.    General
16.1    All prices on the website are quoted in Australian Dollars and include GST.
16.2    These Terms are governed by the laws in force in the State of New South Wales, Australia.  You agree to submit to the exclusive jurisdiction of the courts of New South Wales.
16.3    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.
17. Promotional Codes
17.1     We may advertise promotional codes from time to time, which will provide customers with discounts to their order value (excluding delivery charges).
17.2     Promotional codes are not transferable and are not valid for the purchase of gift cards or gift vouchers.
17.3     Promotional codes cannot be used in conjunction with any other offers.
17.4     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.
17.5     If an order in any way breaches this clause 18, we reserve the right to, in our absolute discretion:
(a)     cancel the order; or
(b)     contact you directly to reach an amicable solution.