What these terms cover. These are the terms and conditions for the supply of goods, services or digital content order through the www.nazflowersandgifts.com.au
Why you should read them. Please read these terms carefully before you submit your order to us as you will be bound by these terms if you place an order on the Website. These terms tell you who we are, how the products are supplied to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. We are www.nazflowersandgifts.com.au Limited t/a NAZ Flowers and Gifts a company registered in Victoria, Australia. Our company ABN is 96 281 540 585 and our registered office is at 28 Black Wattle Road Craigieburn VIC 3072
How to contact us. You can contact us by telephoning our customer service team at +61 03 4210 0381 by writing to us at email@example.com or at 28 Black Wattle Rd Craigieburn
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
How we work. We operate the Website as a platform for local florists to sell their products directly to you. Each florist is their own individual business. When you buy products or services on the Website you buy from one of the independent businesses. We do not supply you with any products directly and act as agent for the independent florist. We charge you a fee for the convenience of the use of the Website and the total amount you pay for products or services includes our handling charge. We will make clear to you how much of the amount you pay is for our handling charges.
When you buy products through our website you enter into a contract with the local florist and not us. Our role is limited to acting as agent facilitating the sale of the products and processing payments and refunds between the parties. We also assist in locating an alternative supplier for the products you have ordered if they are unavailable from your chosen supplier. As such we do not have any contractual obligations to you in relation to the products themselves, however, the local florist agrees to supply you the products in line with these terms and conditions.
Sometimes when ordering flowers for delivery outside of the AUSTRALIA, the independent business we use may be another florist network provider who instructs the individual local florist to deliver your goods. In this instance your contract will be with the florist network provider as identified on your order.
Delivery is arranged by the local florist based on your instructions.
How your order is accepted. Our acceptance of your order will take place when we email or text you to accept it, at which point a contract will come into existence between you and the local florist.
If your order cannot be accepted. If we, or the local florist, are unable to accept your order, we, or the local florist will inform you of this in writing and will not charge you for the product. If a payment has already been taken it will be refunded. This might be because the product is out of stock with the local florists, because of unexpected limits on the local florist’s resources which they could not reasonably plan for, because we have identified an error in the price or description of the product or because the local florist is unable to meet a delivery deadline you have specified.
Your order number. We will assign an order number to your order and tell you what it is when you place the order and when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
THE FLOWERS AND OTHER PRODUCTS
Flowers and other products may vary slightly from their pictures. The images of the flowers and other products on our Website are for illustrative purposes only. The images are provided to us by the local florists and we use them in good faith. You will appreciate that every flower is different and we cannot therefore guarantee that the flowers supplied by the local florist will be the same in appearance as those in the pictures on the Website and may therefore vary slightly from those images. The local florist may also need to make minor adjustments to the flowers supplied due to seasonal variations or availability.
Product packaging may vary. The packaging of the flowers and other products may vary from that shown in images on our website.
YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the flowers or other products you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If the change cannot be made or the consequences of making the change are unacceptable to you, you may want to end the contract
OUR RIGHTS TO MAKE CHANGES
Minor changes to the products. The local florists may change the flowers or products due to seasonal variations in the flowers available alternative, but similar flowers may be supplied. The local florist may also changed the products if required by law.
Changes to the quantity or the flowers or other products and these terms. In addition, we, or the local florists, may make more substantial changes to the flowers or the other products if your order is unable to be fulfilled in the quantity ordered due to a lack of materials or flowers, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
PROVIDING THE FLOWERS AND PRODUCTS
Delivery costs. The costs of delivery will be as displayed to you on the Website.
Where the flowers or other products will be delivered. The flowers or other products will be delivered by the local florist to the address or location specified by you during the checkout process. If the address or location you have supplied is not accessible for any reason we, or the local florist, will contact you to discuss alternatives.
Our local florists will not deliver any flowers or other products to any address or location where to do so would be prohibited by law.
It I advisable for you to provide a contact telephone number to the local florists so contact can be made about delivery. If no contact detail is provided and the local florist cannot gain entry, or no one is available to accept delivery. Refunds will not be available in the case of flowers or personalised products if an incorrect or incomplete address is provided and no contact can be made.
When the flowers and other products will be provided. During the order process we will let you know when the flowers or other products will be supplied to you or the designated recipient by the local florist. The timescales on the website are an indication only and the local florist will be able to confirm in more detail when delivery will take place. Times given on a particular day are a guide only and, provided the flowers or other products are delivered on that date it forms no basis for a refund. If there is to be a longer delay in delivery we, or the local florist, will contact you to confirm and discuss your options.
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
Collection by you. If you have asked to collect the flowers or other products from the local florist’s premises, you can collect them from them at any time during their working hours once you have been contacted by the local florist to confirm the flower or other products are ready for collection.
If there is no-one in when the flowers or other products are delivered. If no one is available at your chosen location for delivery and the flowers or other products cannot be posted through a letterbox, our local florist (or their delivery provider) will either contact you to discuss alternatives, deliver the flowers or other products to a neighbour (and leave the recipient a note explaining that), leave the flowers or products in a safe place (and leave the recipient a note explaining that), or leave the recipient a note informing the recipient of how to rearrange delivery or collect the flowers or other products from the local florist. If delivery is rearranged our local florists reserve the right to charge an additional delivery charge and no refund will be available if this relates to flowers or personalised goods.
If delivery is not re-arranged. If delivery is not rearranged, or the flowers or other products are not collected from the local florist as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from the local florist we, or the local florist, will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our, or the local florist’s reasonable efforts, we are unable to contact you or re-arrange delivery or collection in a reasonable time, or before the flowers or other products perish the local florist may end the contract. If the flowers or other products perish before they have been delivered or collected due to a lack of contact by or an inability to contact you or the recipient due to you providing incorrect or unattainable details the local florist will not provide a refund.
Your legal rights if we deliver goods late. You have legal rights if the local florist’s first attempt to deliver any flowers or other products is late. If the local florist’s first delivery attempt misses the delivery deadline (subject to clause 7.3) for any flowers or other products then you may treat the contract as at an end straight away if any of the following apply:
We have refused to deliver the goods;
Delivery within the delivery deadline was essential due to being for a funeral.
Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery you can cancel your order for any of the flowers or other products or reject the flowers or other products that have been delivered. After that the local florist will arrange for us to refund any sums you have paid to us for the cancelled flowers and other products and their delivery. If the flowers or other products have been delivered to you, you must either return them in person to the local florist, post them back to the local florist or (if they are not suitable for posting) allow the local florist to collect them from you. The local florist will pay the costs of postage or collection. Please call local florist (details provided at the point of ordering) to arrange this.
When you become responsible for the flowers or other products. The flowers or other products will be your responsibility from the time we deliver the product to the address or location you gave us or you, other recipient, collect them from us.
When you own the flowers or other products. You own the flowers or other products once they have been delivered provided we have received payment in full.
What will happen if you do not give required information to us. We or the local florist may need certain information from you so that the local florist can supply the flowers or other products to you. If so, this will have been stated in the description of the products on our website. We, or the local florist, will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, the local florist may either end the contract or make an additional charge of a reasonable sum to compensate them for any extra work that is required as a result. The local florist will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us, or the local florist the information needed within a reasonable time of asking for it.
YOUR RIGHTS TO END THE CONTRACT
You may be able to end your contract with the local florist. Your rights for ending the contract will depend on what you have bought, whether there is anything wrong with it, how we or the local florist are performing and when you decide to end the contract.
If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back)
If you want to end the contract because of something we have done or have told you we are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will, on your request, end immediately and we, or the local florist, will refund you in full for any flowers other products which have not been provided. The reasons are:
We, or the local florist, have told you about an upcoming change to the flowers or other products or these terms which you do not agree to
We, or the local florist, have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
There is a risk that supply of the flowers or products may be significantly delayed because of events outside our, or the local florist’s control;
The local florist has suspended supply of the products for technical reasons, or you are notified they are going to suspend them for technical reasons, in each case for a period of more than 3 days.
If you have just changed your mind about the product. For most products bought online (costing $100 or more) you have a legal right to change your mind within 14 days and receive a refund under the Consumer Contracts Regulations 2013. However, you do not have this right for perishable items, tailor made items or personalised items. You do not therefore have the right to change your mind about flowers once they have been prepared as they perish. Any items which have been personalised cannot be refunded or returned under this paragraph once the personalisation has taken place. Any CD or software which is sealed on delivery is also excluded once the seal is broken. If you want to cancel the contract you must e-mail firstname.lastname@example.org confirming your decision and which products the cancellation relates to.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
Tell us you want to end the contract. To end the contract with us or the local florist, please let us, or the local florist know by calling or e-mailing the local florist on the number or e-mail detailed during the ordering process or email us at email@example.com Please provide your name, home address, details of the order and, where available, your phone number and email address.
Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to the local florist. You must either return the goods in person to the local florist or allow us, or the local florist to collect them from you. Please call the local florist to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us ands the local florist you wish to end the contract.
When we, or the local florist, will pay the costs of return. We, or the local florist will pay the costs of return:
If the products are faulty or misdescribed;
If you are ending the contract because we have told you of an upcoming change to the flowers or other products or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
What we charge for collection. If you are responsible for the costs of return and we, or the local florist, are collecting the product from you, we, or the local florist, will charge you the direct cost of collection. The costs of collection will be reasonable in all the circumstances.
How we will refund you. We, or the local florist, will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we, or the local florist, may make deductions from the price, as described below if you exercising your right to change your mind:
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
When your refund will be made. If you are entitled to a refund under the terms of this agreement we, or the local florist, will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then this will either be within 14 days from the day on which the local florist receives the product back from you or, if we, or the local florist, confirm there are no goods to return, within 14 days of you telling us or the local florist you have changed your mind.
OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it. We, or the local florist, may end the contract for a product at any time by writing to you if:
You do not make any payment to us, or the local florist when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
You do not, within a reasonable time of us, or the local florist asking for it, provide us or the local florist with information that is necessary for us to provide the flowers or other products;
You do not, within a reasonable time, allow the local florist to deliver the products to you or collect them from them;
We, or the local florist, believe that the flowers or other products ordered may cause distress or offence to any person, or is being used for any unlawful purpose.
You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 10.1 we, or the local florist, will refund any money you have paid in advance for products that have not been provided but we, or the local florist, may deduct or charge you compensation for the net costs incurred as a result of your breaking the contract.
We may withdraw the product. We, or the local florist, may contact you to let you know that the local florist is stopping providing the product.
IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems. If you have any questions or complaints about the flowers or other products, please initially contact the local florist. You can telephone or e-mail them on the contact detail provided during the ordering process. You must lodge any complaints or problems with the local florist within 7 days. Following this time period you should not expect a refund or a re-delivery. If you are unable to contact the local florist please contact us. You may be required to provide photographic evidence of any problems.
PRICE AND PAYMENT
Where to find the price for the product. The price of the product (which includes GST) will be the price indicated on the order pages when you placed your order on the Website. We use our best efforts, in conjunction with the local florists, to ensure that the price of the flowers or other products advised to you is correct. However if we discover an error in the price of the flowers or other products you order we will contact you to advise you of this before accepting your order. However, if we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we, or the local florist, may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
We will pass on changes in the rate of GST. If the rate of GST changes between your order date and the date we supply the product, we will adjust the rate of GST that you pay, unless you have already paid for the product in full before the change in the rate of GST takes effect.
When you must pay and how you must pay. Unless otherwise stated payment for all orders must be made in full by credit card, debit card, PayPal or other digital payment method we may make available on the Website from time to time on the checkout page. You should be aware that your card issuer may carry out validation checks and we and/or the local florist are not responsible if your card issuer declines to authorise payment for any reason, nor are we or the local florist responsible for any additional handling fee your card issuer charges you.
We can charge interest if you pay late. If you do not make payment in full at the time of ordering we, or the local florist may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
Discounts and Promotional Codes. If we issue any discount or promotional codes they can only be used in accordance with the terms and conditions attached to them at the point of issue.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Limitation of our liability. If we, or the local florist, breach the terms of this agreement and are found to be liable for your losses neither we, nor the local florist, will be responsible for any losses which are not foreseeable nor those which exceed the value of the order placed by you.
Neither we, nor the local florist, will be liable for any failure to perform obligations under this agreement where such failures are due to fire, flood, earthquake, storm, hurricane, natural disaster, war, invasion, terrorism, national action, labour strike or interruption or failure of electricity, telephone or other utility.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; for breach of any term in the Consumer Rights Act 2015 or the Consumer Protection Act 1987 which cannot be limited or excluded; or any other liability which cannot be limited or excluded by law.
HOW WE MAY USE YOUR PERSONAL INFORMATION
Confirmation of consent to supply information. By entering into this agreement you confirm that you have the permission of any third party recipient to provide us, the local florist and all of our agents, subcontractors, assigns and employees with any personal data you give to us relating to that third party. You also confirm that the permission extends to this being shared amongst all of the above parties in order for us to provide the flowers or other products you have purchased and to deliver them to the location requested. You provide us, the local florist and all of our agents, subcontractors, assigns and employees with an indemnity against any action from the third party recipient whose detail you have provided to us related to the use of their personal data in the fulfilment of this contract.
OTHER IMPORTANT TERMS
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we, or the local florist, delay in enforcing this contract, we can still enforce it later. If we, or the local florist do not insist immediately that you do anything you are required to do under these terms, or if we, or the local florist, delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Australian law and you can bring legal proceedings in respect of the flowers or other products in the Australia courts.