Terms & Conditions
TERMS AND CONDITIONS OF USE
1. David Jones Flowers
1.1 flowers.davidjones.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 1300 889 876. 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.
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 Saturdays, Sundays or public holidays.
3.4 We provide same day delivery, orders must be placed before 2.00pm, 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.
3.5 We offer special delivery services, which incur additional fees. If you require delivery within a specified 1 hour time period please provide these details during checkout in the “Delivery Instructions” section and the VIP delivery rate will apply. If you require delivery within a specified 2 - 3 hour time period please provide these details during checkout in the “Delivery Instructions” section and the Express delivery rate will apply. You will be notified by Customer Care that the VIP or Express delivery rates apply, prior to acceptance of your order.
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 floral, potted or gifted product is to be re-delivered you will need to pay $30.00; or
b. if the floral, potted or gifted product 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 floral, potted or gifted product 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 floral, potted or gifted product is to be re-delivered you will need to pay $30.00; or
d. if the floral, potted or gifted product requires re-production, you will need to pay for the product in full prior to re-delivery.
4.1 Subject to the availability of flowers, we will endeavour to supply products that match the images and descriptions provided on the website.
4.2 You acknowledge that minor variations between the images and descriptions provided on the website and the goods as delivered may occur.
4.3 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.
4.4 You acknowledge that we may engage other florists to fulfill orders, 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.
5. Cancellation and changes
5.1 Under our cancellation policy, we will refund 100% of the purchase price paid if you cancel an order by calling Customer Service on 1300 889 876 at least 24 hours prior to the Delivery Date.
5.2 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.
5.3 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.
5.4 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.
6.1 If the flowers wilt within 48 hours 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 “Care Tips”;
(b) call Customer Service as soon as reasonably practicable to notify us of such damage; and
(c) email digital photos of the wilted flowers to email@example.com or return the flowers to us.
6.2 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.
7. 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.
9.1 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.
9.2 This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
10. 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.
11. Specific Warnings
11.1 Flowers and foliage are not for human or animal consumption.
11.2 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.
11.3 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.
12. Restricted Use
12.1 You are provided with access to this website only for your personal and non-commercial use.
12.2 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.
12.3 You may not use the website for any illegal purpose or in any manner that is inconsistent with the Terms.
13. Protection of information
13.1 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.
13.2 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.
14. Linked websites
14.1 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.
15. Intellectual property
15.1 Copyright in this website (including text, graphics images, logos, icons, sound recordings and software) is owned by David Jones Limited. The "David Jones Flowers" and "David Jones" trade marks and logos are owned by David Jones Limited and used by the Lynch Group Australia Pty Ltd and James Stevens Flowers Pty Ltd under licence. 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.
15.2 You may not make use of any trade marks appearing on the website, without the written permission of the trade mark owner.
16.1 All prices on the website are quoted in Australian Dollars and include GST.
16.2 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.
16.3 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.
17. Promotional Codes
17.1 We may advertise promotional codes from time to time, which will provide customers with discounts to their order value (excluding delivery charges).
17.2 Promotional codes are not transferable and are not valid for the purchase of gift cards or gift vouchers.
17.3 Promotional codes cannot be used in conjunction with any other offers.
17.4 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.
17.5 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.