Website Terms and Conditions

Website Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern www.bloomsyarrawonga.com.au’s relationship with you in relation to your use of this website.
 
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to www.bloomsyarrawonga.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
 
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and www.bloomsyarrawonga.com.au‘s rights and obligations to each other.
 
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that www.bloomsyarrawonga.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
 
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
 
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), www.bloomsyarrawonga.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
 
You must be over 18 years of age to use this website and to purchase any goods or services.
 
DELIVERY OF FLOWERS
By using our flower delivery service, you agree to let our drivers use their best professional judgment as to whether or not the flowers can be safely left at the delivery address should no one be at the delivery address to receive them. We hold no responsibility for the flowers from this point on.
 
By using our flower delivery service, you agree to a return fee of the same value as the delivery if no one is home to accept the delivery, the address is wrong, or the order cannot be left safely in our best judgement. 
 
If the flowers have been returned to our store you will be contacted before then and given the option to have the flowers redelivered or pick the arrangement up from our store in Southbank. If we are in any way responsible for the redelivery, this redelivery fee will not apply.
 
In the rare event that there has been an issue with delivering your order and we have been unable to reach you first, we reserve the right to call the recipient unless you have instructed otherwise. At all times your details will be kept confidential.
 
If a security person or concierge is obligated to receive the flowers on the recipient’s behalf, we cannot accept responsibility for the flowers from this point on.
 
Orders with alcohol cannot be left unattended. Orders cannot be left with anyone under 18 years of age. Should no one be at the delivery address to sign for the order, the order will be returned to the studio and a redelivery fee will apply.
 
Flower deliveries will be completed before 5:00pm to a business address and 6:00pm to a private address. Please write a note if you have a special request. While we can make no guarantees, we will do our best to fulfil it.
 
Saturday Flower Deliveries
Saturday flower deliveries must be received by 11:00am for same day delivery.
 
By using our service on a Saturday, you accept the flowers can be left without signature at the recipients address or with the nearest neighbour should the property be inaccessible or be an unsafe location to leave the flowers. We will leave a calling card if the flowers are left with a neighbour.
 
Saturday flower deliveries are dispatched between 9:00am and 12:00pm
 
Public Holidays
Please note that we do not deliver on Public Holidays.
 
 
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of www.bloomsyarrawonga.com.au.
 
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
 
RETURNS AND REFUNDS
 
www.bloomsyarrawonga.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
 
RETURN OF FLOWERS
Blooms of Yarrawonga goes to great lengths to source the very best product for our customers. Our reputation depends on it. However, we are dealing with an organic product and on rare occasions this product may not meet expectations.
 
You can generally expect your flowers to last from 4 -7 days provided they are cared for correctly.
 
5 main steps will help your flowers to last as long as possible:
  1. Stems should be cut on an angle (in or under running water if possible) as soon as you receive the flowers
  2. Ensure the vase that is used is clean and filled with fresh water
  3. Always keep an eye on the water levels and change the water completely every two days
  4. Keep the flowers out of direct sunlight
  5. Keep the flowers away from drafts and air-conditioning
If you feel the flowers have not lasted for at least three days let us know within this time by calling 03 5744 0042 . Once we are confident that they have been cared for as recommended, we will be happy replace the flowers.
 
Please note that we may firstly request a photo of the flowers and can only replace them if we are able to pick up the old flowers at the same time as we deliver the replacements.
 
We are always available on 03 5744 0042 to answer any of your concerns or questions regarding the care of your flowers.
 
Cancellations
We do not offer refunds on orders cancelled within 24 hours of the delivery bracket/date. Refunds can only be made back the credit card that was used for the original purchase.
 
RETURN OF GIFTWARE
Should you wish to return your GIFT order, please notify us within 7 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of www.bloomsyarrawonga.com.au.
 
LINKS TO OTHER WEBSITES
www.bloomsyarrawonga.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between www.bloomsyarrawonga.com.au and the owners of those websites. www.bloomsyarrawonga.com.au takes no responsibility for any of the content found on the linked websites.
 
www.bloomsyarrawonga.com.au website may contain information or advertisements provided by third parties for which www.bloomsyarrawonga.com.au AU accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
 
DISCLAIMER
To the fullest extent permitted by law, www.bloomsyarrawonga.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. www.bloomsyarrawonga.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
 
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
 
It is your sole responsibility and not the responsibility of www.bloomsyarrawonga.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
 
YOUR PRIVACY
At www.bloomsyarrawonga.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.
 
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. www.bloomsyarrawonga.com.au secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
 
THIRD PARTIES
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
 
DISCLOSURE OF INFORMATION
www.bloomsyarrawonga.com.au may be required, in certain circumstances, to disclose information in good faith and where www.bloomsyarrawonga.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
 
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of www.bloomsyarrawonga.com.au. www.bloomsyarrawonga.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then www.bloomsyarrawonga.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. www.bloomsyarrawonga.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
 
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
 
www.bloomsyarrawonga.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
 
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
 
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
 
WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and www.bloomsyarrawonga.com.au concerning your use and access to www.bloomsyarrawonga.com.au website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
 
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
 
JURISDICTION
This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and www.bloomsyarrawonga.com.au that results in litigation, then you must submit to the jurisdiction of the courts of Victoria.
 
 
 
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