Terms and Conditions
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER/KEEP YOUR PRODUCT.
These Terms and Conditions of sale (the “Sales Terms”) are the terms which apply when you access the website www.absolutelybeautifulflowers.com.au (the “Online Shop”) and place orders to purchase any of the Products made available to you on the Online Shop (“Products”).
The Online Shop is owned by and operated by Absolutely Beautiful Flowers, 33 William Street, Raymond Terrace, NSW (hereinafter referred to as “Absolutely Beautiful Flowers”, “we”, “us” or “our” as the context may require).
By accessing the Online Shop or when you place orders to purchase any of the Products on the Online Shop you agree to be bound by and accept these Sales Terms. We recommend that you keep a copy of these Sales Terms for future reference.
To be eligible to purchase goods on this Online Shop and lawfully enter into and form contracts, you must:
• if an individual, be 18 years of age or over;
• register your real name, address, phone number, email address and any other details requested;
• be legally capable of entering into binding contracts; and
• be resident in one of the Serviced Countries.
By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
1. Changes to Sales Terms
2. Service availability
Products ordered through the Online Shop can only be delivered to Australia.
Purchases made on the Online Shop are for your personal or gift use and are not to be used for re-sale, commercial purposes or any other commercial benefit. We reserve the right to refuse orders for multiple quantities of an item ordered by you or ordered to any one postal address.
Some restrictions are placed on the extent to which we accept orders from specific countries. These restrictions can be found on our delivery page (Delivery Details).
We do not guarantee the availability of any Product in the Online Shop. We reserve the right, without liability or earlier notice, to change, discontinue or stop making any Product.
3. Order Processing and Contract Formation
To make it easier for you to order Products using the Online Shop, we offer you the opportunity to register for a personal account. If you take advantage of this opportunity any personal data that you provide us with during the registration process will be stored in our database and need not be entered with each new order; it will be entered into the order form automatically.
Your order via our online purchase order form is considered as a binding offer to buy the Products you select from the Online Shop. All orders are subject to availability and to acceptance by us. We reserve the right to refuse to accept an order. We will send you an email acknowledging receipt of your order. All communications will be addressed to the email address you supply when you register. Please note that this does not constitute acceptance by us. The contract for purchase of the Product is formed when we send you a dispatch confirmation email as described below.
You may select items from our range of Products, details of which will be added to the “Shopping Cart” by clicking on the “Add to Cart” button. By clicking on the “Proceed to Checkout” button, you submit an offer to buy the goods in the Shopping Cart. As soon as this offer is accepted by us via an Acceptance Email (as described below) your order forms a binding contract of sale between you and us.
Before placing an order you can view and amend your order details at any time by clicking on the “Cart Items” or “Proceed to Checkout” button.
We will send a second email when we dispatch your goods which shall constitute our acceptance of your order (the “Acceptance Email”) at which point a binding contract of sale will be concluded between you and us.
4. Your use of the Online Shop
By accepting the Sales Terms you confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times.
You agree that in using the Online Shop you will not: (i) use the Online Shop in any way that causes, or is likely to cause the Website or access to the Website to be interrupted, damaged, or impaired in any way; (ii) use the Online Shop for any purpose that could damage the name of Absolutely Beautiful Flowers or any goodwill attached to the Online Shop; (iii) use the Online Shop for criminal, fraudulent or illegal activity or in any manner which would cause harm or distress to any third party; (iv) access or attempt to access the accounts of other users or attempt to penetrate the Online Shop security measures; nor (v) use the Online Shop for any purpose other than your personal use.
We reserve the right to suspend, restrict or terminate your access to the Online Shop at any time without notice if we have reasonable grounds to believe that you have breached any of these restrictions or if we suspect fraudulent account activity or behaviour. This shall not limit our right to take any other action against you that we consider appropriate.
5. Prices, delivery charges and Payment
The price payable for the Products shall be as shown on the Online Shop. The prices are quoted in Australian dollars. Prices advertised on the Online Shop exclude Australian Goods and Services Tax (GST) and any other tax duty, levy, tariff or charge applicable to the supply of the Product(s). Delivery charges are shown separately when ordering and must also be paid in advance.
Prices are subject to change without notice but changes will not affect orders which we have already accepted.
The Online Shop contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Online Shop may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on the Online Shop, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a dispatch confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a miss-pricing.
Payment for your products must be made via credit or debit card, via Paypal or other means as specified on the payment page.
The full payment price, including delivery charges and any additional charges for services you may have ordered, will be debited from your card or Paypal account upon or shortly before dispatch of the products to you.
You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorization by the card issuer. Fraudulent use of credit cards will be reported to the relevant authorities. If the issuer of your card refuses to authorize payment we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
6. Delivery and ownership
Unless otherwise stated, delivery will be made from our warehouse to the address provided by you. We shall endeavour to dispatch the Product to you within one (1) working day after you place your order and in any event within thirty (30) days beginning on the day after you place your order. If we are unable to dispatch the Product within that time we will email to let you know and to give you an estimated delivery date. In these circumstances you have the right to cancel the order and receive a full refund.
We shall not be held responsible for delay or failure to perform if the delay or failure is caused by any circumstances beyond our reasonable control including but not limited to acts of war or terror, strikes, national or local states of emergency, failure of transportation facilities, power or utility outages, earthquakes, or other natural disasters.
As soon as the Product is delivered to you, you are responsible for it. Besides, we retain full legal title to Products until we have received all amounts due on the ordered Products.
7. Return and refund, Other options
We will do our best efforts, and our only obligations will be, at our option to:
- make good any shortage or non-delivery or incorrect delivery; or
- replace or repair any Products that are damaged or defective; or
- refund to you the amount paid by you for the Products in question.
In the event we accept the return of any purchased Product, you must return the Product in its original package (including all accessories, user manuals and any free gifts that came in the same package). Please treat the Product with care and return it in the condition that it was delivered to you; if possible, use the original delivery package or pack the Product securely. We recommend that returned Products are sent via an insured, traceable delivery service.
Replacement or refund can only be processed once we have received the Product to be returned.
If you return a Product 1) that you are not entitled to return, 2) that is not in its original condition, 3) that is without proper or missing packaging, 4) with items missing from the return delivery, 5) without following our return instructions, or 6) have otherwise failed to exercise reasonable care when taking care of and returning the Product, we reserve the right either to reject your return and decline to refund or to deduct from those payments to be refunded to you, reasonable repair or other similar direct costs that we have incurred, subject to applicable law.
If your return has been accepted, we will refund you the price you have actually paid for the items less any applicable shipping costs (as per the above) by crediting your payment card thirteen (30) calendar days after the date of receipt of the delivery.
Right to cancel:
If you have bought Products for your own private use as a consumer and want to exercise your right to cancel the contract and return the Product(s) you have purchased return the Product(s) within 30 calendar days after the date of receipt of the delivery and correctly follow the instructions of the return procedure as described below.
Return of Product by exercising your right to cancel:
We hope you will be happy with your purchase from us. If not, you have the right to return the Product(s) to us and receive a full refund provided:
- you notify us in writing that you are cancelling your purchase no later than the [same period as stated above] working day after the day on which you received your Product(s);
- you have taken reasonable care of the Product(s) prior to return - in particular this means they must not have been damaged;
- you will be responsible for the cost of returning the Product(s) to us.
Please return the Product in suitable packaging to ensure it reaches us in good condition.
We will refund the purchase price [and original delivery charge of any Product(s) returned] no later than thirty (30) days from the day when you give us notice of cancellation.
Please note that if you fail to take reasonable care of returned Product(s), or fail to return the Product(s) to us, we will be entitled to make a claim against you for any losses which we suffer.
8. Our legal obligations and our limitation on liability
You have certain rights under the law. These include that any Product supplied by us will be of satisfactory quality which means guaranteed against all manufacturing or material defects for the warranty period as defined in the following link: www.absolutelybeautifulflowers.com.au. Nothing in these Sales Terms is intended to affect these statutory rights.
If we breach these Sales Terms we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of the purchase price of your order. Losses are foreseeable where they could be contemplated by you and us at the time of entering into this agreement.
With current technology it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. We provide no guarantee for the constant and uninterrupted availability of the Online Shop.
These Sales Terms set out the full extent of our obligations and liabilities in respect of the Products. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on us than the ones mentioned in these Sales Terms. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
We shall not be liable whether in contract, tort or otherwise for any economic losses (including without limitation loss of income, loss of profits, loss of contracts, business or anticipated savings), loss of data, loss of goodwill or reputation or for any special, indirect, consequential or punitive loss or damage of any kind howsoever arising. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Without prejudice to the foregoing, nothing in these Sales Terms shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by applicable law.
Nothing in these Sales Terms shall affect your statutory rights as a consumer, or your right of withdrawal as per Clause 8 above.
9. Intellectual property rights
Your use of the Online Shop grants no rights to you in relation to copyright, design rights, trademarks or other of our intellectual property rights (or the intellectual property rights of third parties).
We provide the Online Shop to you solely for your personal, non-commercial use. You may electronically copy and print only those areas of the Online Shop which are required in the process of using the Online Shop as a shopping resource. The content of the Online Shop may not be used for any other purpose without our express written permission.
You agree to indemnify, defend and hold harmless Absolutely Beautiful Flowers, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your breach of these Sales Terms, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
11. Import duty
If you order Products from the Online Shop for delivery outside Australia, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12. Contact details
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Sales Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Sales Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Sales Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
15. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Online Shop, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Online Shop. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
16. Entire agreement
These Sales Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Sales Terms.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Sales Terms.
17. Governing law and Jurisdiction
These Sales Terms are governed by the laws of NSW, Australia, and the Parties agree to submit any dispute arising from these Sales Terms to the jurisdiction of the courts and tribunals of or exercising jurisdiction in that State.