TERMS AND CONDITIONS OF USE
1. Fresh Flowers
1.1 www.freshflowers.com.au (the “website”) is owned and operated by Lynch Group Australia Pty Limited ACN 001 695 665 (“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 13 37 37. 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 If the address at which the floral products are to be shipped (the “Delivery Address”) is located in an area in which we are unable to deliver we will contact you to re-arrange an alternative delivery address. We will require the alternative delivery address at least 24 hours prior to the Delivery Date in order to process the order. Our Corporate Range can only be delivered within the Sydney metropolitan area. 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, Leave at back door, Leave with neighbour or Do not leave (this will incur a next day re-delivery fee).
3.2 All charges for delivery, postage and handling are specified at checkout or otherwise notified prior to acceptance of an order.
3.3 Deliveries will not be made on Sundays or public holidays.
3.4 Our standard same day delivery of ($12.95 Monday-Friday) and ($14.95 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.
3.5 We offer special delivery services(VIP delivery), which incur additional fees. VIP Delivery is not available for same day delivery. If you require delivery before a specific time please contact The Customer Care Team once your order is placed to confirm these charges. Extra delivery charges vary but will be approximately $40 for deliveries before 12:00pm, $25 by 2pm and $15 by 4pm. These will be charged as an additional transaction. We are unable to guarantee any timed delivery requests during peak periods including Valentine's Day, Mother's Day and Christmas.
3.6 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 $30.00; or
b. if the bunch of flowers requires re-production you will need to pay for the product in full prior to re-delivery.
3.7 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 $30.00; or
d. if the bunch of flowers requires re-production, you will need to pay for the product in full prior to re-delivery.
4. International orders
4.1 To place an order for international delivery (outside of Australia) you must call our Customer Service team at least 48 hours prior to the intended delivery date and place an order. You accept that the delivery of flowers outside of Australia will be processed using Interflora.
4.2 If you are based overseas and request the delivery of flowers within Australia orders, your order cannot be placed online. To place an order call our Customer Service team on 13 37 37 between 7.00am and 6.00pm (AEST) between Mondays and Friday and Saturday 7.00am to 12.00pm (AEST) and orders will be processed via credit card payment.
5.1 Subject to the availability of flowers, we will endeavour to supply products that match the images and descriptions provided on the website.
5.2 You acknowledge that minor variations between the images and descriptions provided on the website and the goods as delivered may occur.
5.3 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.
5.4 You acknowledge that we may engage other florists to fulfill orders, including orders for overseas delivery, and that in such circumstances 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.
6. Cancellation and changes
6.1 Under our cancellation policy, we will refund 100% of the purchase price paid if you cancel an order by calling Customer Service on 13 37 37 at least 24 hours prior to the Delivery Date.
6.2 Subject to clause 6.3, 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.
6.3 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.
6.4 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.
7.1 (a) On average, most flowers should last between 3 and 5 days, should your flowers wilt within 72 hours (3 days) of delivery we will replace the flowers and deliver them to the Delivery Address, at no additional cost to you, provided that you:
(a) have followed the “Freshflower Care Tips” that have been included with the product
(b) call Customer Service as soon as reasonably practicable within 72 hours or 3 days to notify us of such damage; and
(c) to assist us in assessing the product quality we also request that you email digital photos or SMS by text to +61 438 437 434 of the wilted flowers to firstname.lastname@example.org
7.1 ( b) a full replacement, full refund or part refund if the product wilts within 72 of delivery and the customer provides photos, has followed the care card instructions supplied with the product and has contacted our call centre at email@example.com or on 13 37 37 within 14 days of the delivery being made.
Note: All refunds for orders placed online are credited back to the original credit card on which the order was purchased or to the paypal account, if that form of payment was selected.
7.2 If in accordance with clause 7.1 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.
8. 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.
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.
10.1 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.
10.2 This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
11. 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.
12. Specific Warnings
12.1 Flowers and foliage are not for human or animal consumption.
12.2 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.
12.3 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.
13. Restricted Use
13.1 You are provided with access to this website only for your personal and non-commercial use.
13.2 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.
13.3 You may not use the website for any illegal purpose or in any manner that is inconsistent with the Terms.
14. Protection of information
14.1 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.
14.2 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.
15. Linked websites
15.1 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.
16. Intellectual property
16.1 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.
16.2 You may not use of any trade marks appearing on the website, without the written permission of the trade mark owner.
17.1 All prices on the website are quoted in Australian Dollars and include GST.
17.2 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.
17.3 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.
18. Promotional Codes
18.1 We may advertise promotional codes from time to time, which will provide customers with discounts to their order value (excluding delivery charges).
18.2 Promotional codes are not transferable and are not valid for the purchase of gift cards or gift vouchers.
18.3 Promotional codes cannot be used in conjunction with any other offers.
18.4 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.
18.5 Promotional codes at a discount level of 20% or above cannot be redeemed or used for hamper purchases.
18.5 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.