Terms & Conditions
Welcome to our online store! If you visit our shop it means that you automatically accept all these terms and conditions. Please note that by using this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability. You also acknowledge that you have read and understood these Terms and Conditions. Art of Petals ABN 41756675512 reserves the right to amend or update this information at any time without providing notice.
TERMS AND CONDITIONS
This website is operated by Art of Petals. Throughout the site, the terms “we”, “us” and “our” refer to Art of Petals. Art of Petals offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without expressed written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices of goods, services, delivery and other charges displayed on the artofpetals.com.au website are current at the time of display. Prices for our products are subject to change without notice. All prices quoted are inclusive of GST and all prices are quoted in Australian dollars. Product prices do not include delivery fees unless otherwise is stated.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person or geographic region. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
We will always attempt to be as accurate as possible with our product descriptions and pricing. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We accept that you have written correctly any messages supplied for delivery with the order, e.g. the “card message”. Therefore, Art of Petals will not accept liability for any spelling and grammar mistakes and the message will be written as stated.
We are committed to ensuring that the product is delivered as ordered. However, occasionally we may need to substitute flowers, vases or containers due to limited stocks and seasonal availability. The changes will be to equal value.
To ensure the freshest blooms, flowers may be delivered closed and yet to open when received.
If any alterations will significantly change the look of the arrangement we will be in contact to discuss alternatives.
For more detail, please review our Returns Policy.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
Please note, if you do not receive an email confirmation, your order has not been processed. Please contact Art of Petals on +61 (0)4 05 961 958 or by email at firstname.lastname@example.org
We will endeavour to contact you as soon as possible if there are any issues. However, please be advised that your order cannot be dispatched until payment in full has been confirmed and we are satisfied with the integrity of the order.
SECTION 7 - DELIVERY
It is your obligation to provide the correct delivery address details at the time of ordering. You need to select the right delivery area at the checkout so you are charged the correct delivery fee. If you do not select the right delivery area we may request an extra payment. If the delivery details you have given are incorrect, Art of Petals will not refund. Should you wish to send the flowers again it will be at full expense to the customer.
Normal delivery hours for Art of Petals are between 9 am and 3 pm Monday - Saturday. Art of Petals cannot guarantee a specific delivery time. We will make every attempt to fulfil your request but cannot guarantee it. As Art of Petals is closed on public holidays, we will deliver your gift on the next business day.
Currently, we deliver to Brisbane suburbs only. The delivery area is restricted to the following suburbs: Albion, Alderley, Annerley, Ascot, Ashgrove, Auchenflower, Balmoral, Bardon, Bowen Hills, Brisbane CBD, Bulimba, Buranda, Camp Hill, Cannon Hill, Carina, Carina Heights, Carindale, Chapel Hill, Chelmer, Chermside, Clayfield, Coorparoo, Corinda, Dutton Park, Eagle Farm, East Brisbane, Enoggera, Everton Park, Fairfield, Fig Tree Pocket, Fortitude Valley, Gaythorne, Gordon Park, Graceville, Grange, Greenslopes, Hamilton, Hawthorne, Hendra, Herston, Highgate Hill, Holland Park, Indooroopilly, Kangaroo Point, Kedron, Kelvin Grove, Kenmore, Keperra, Lutwyche, McDowall, Milton, Mitchelton, Moorooka, Morningside, Mount Coot-tha, Mount Gravatt, Mount Gravatt East, Murarrie, New Farm, Newmarket, Newstead, Norman Park, Northgate, Nundah, Oxley, Paddington, Pinkenba, Red Hill, Rocklea, Seven Hills, Sherwood, South Brisbane, Spring Hill, St Lucia, Stafford, Stafford Heights, Stones Corner, Taringa, Tarragindi, Teneriffe, Tennyson, The Gap, Tingalpa, Toowong, Virginia, Wavell Heights, West End, Wilston, Windsor, Woolloongabba, Wooloowin, Yeerongpilly, Yeronga.
For our local area: Red Hill, Ashgrove, and Kelvin Grove, we offer a free delivery. For the rest of the Brisbane area, the standard courier fee is $15.
If your suburb is not on our list, please get in touch and we will do our best to accommodate your order. Additional delivery fees may apply.
We are an online business and do not offer to pick up from our location. However, time permitting, we are happy to arrange a meet up for delivery. Please email us at email@example.com for more information.
SECTION 8 - CANCELLATION OF ORDERS
Should you need to cancel your order, money will be refunded less a $15 administrative fee, ONLY IF notice is received by Art of Petals 24 hours prior to the scheduled delivery date. Cancellations received with less than 24-hour notice will be charged at 50% of the total order value. We are unable to cancel orders that are already prepared and are with our courier for delivery.
SECTION 9 - REFUNDS
Generally, Art of Petals is unable to give refunds and exchanges for flowers and/or perishable items. Your special requirements and concerns surrounding your order are unique. For that reason, please call us on +61 (0)405 961 958 to discuss any queries or concerns you may have in relation to your flowers sent or received. A number of resolutions may be available to you and are subject to your particular situation.
Note: All refunds for orders placed online or over the telephone are credited back to the original credit card on which the order was purchased and could take up to 10 working days. A voucher to the same amount paid will be issued for all cash purchases.
Art of Petals acknowledges that on the rare occasion mistakes may be made. While all care is taken in selecting the freshest blooms, flowers are a natural product. Any dissatisfaction with our product must be communicated within 2 days of delivery. Art of Petals reserves the right to request a photo of the product to assist with quality control, team training and to ascertain the most satisfying resolution. In all cases, if an item is replaced the original item must be available for return.
SECTION 10 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 - PERSONAL INFORMATION
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Art of Petals, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Art of Petals and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Queensland, Australia.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org