Terms of Service
www.flowersforjane.com.au (the "Site") is operated by Flowers For Jane (ABN 45 851 098 293 ) ("Flowers for Jane” or "We"). When you use the site, you agree to the terms and conditions that follow. These terms and conditions also govern the supply of any goods to you by Flowers for Jane whether facilitated by the Site or by any other means. If you do not agree to these terms and conditions, you should immediately cease use of the Site. The use of the Site and the provision of goods to you by Flowers for Jane is conditional on your acceptance without modification of the terms and conditions.
These terms and conditions supersede and exclude all prior and separate discussions, dealings, representations and arrangements relating to the use of the Site and/or the supply of goods by Flowers for Jane.
Any failure on the part of Flowers for Jane to exercise or any delay in exercising any right, power or remedy pursuant to these terms and conditions does not operate as a waiver. If any term of these terms and conditions can’t be enforced or is invalid, such term(s) will be severed and the remaining terms will continue to bind the parties.
Flowers For Jane reserve the right, at their complete discretion, to change these terms and conditions at any time by posting revised terms on the Site. It is the customer’s responsibility to check periodically for any changes Flowers for Jane may make to these terms and conditions. Continued use of this site following the posting of any changes to these terms and conditions means the customer accepts the changes.
Flowers for Jane has sole discretion to accept or reject any order or any variation or modification of an order. Flowers for Jane has sole discretion to accept or reject any order cancellation request. Flowers for Jane expressly reserves the right to cancel and/or refund any order placed and/or paid for.
If you have entered into a subscription arrangement to receive flowers on a regular basis (weekly, fortnightly or monthly) you agree that your subscription will continue until such time as it is cancelled by you. If you wish to cancel your subscription you must do so before 11:59 pm on the day prior to your next scheduled delivery.
Any price indications or price lists provided by Flowers for Jane are subject to alteration at any time without notice. This includes subscription arrangements.
Flowers for Jane deliver flower orders on business days between 10:00am and 5:30pm AEST. Unfortunately, Flowers for Jane cannot guarantee specific delivery times, even when requested by customers. This is due to our driver’s workload, traffic and unforeseeable events.
Flowers for Jane will make all reasonable efforts to have the flowers delivered on the date requested, and within the timeframe requested. However, Flowers for Jane shall only be liable for failure to deliver in circumstances where they are at fault for the serious delay.
If there is a slight delay in delivering your order, you are not entitled to a refund. We do the best that we can to ensure reasonable delivery.
CHANGE OF ORDER ADDRESS
If you need to change or amend the delivery address for your order, you must notify us in writing the day before your scheduled delivery.
If you fail to notify us the day prior, and simply notify us the day of your scheduled delivery, we will make every attempt to accommodate this change. However we cannot guarantee delivery to the new address. Should our delivery driver need to reroute to somewhere else, an additional fee will be charged.
If the information you provide to Flowers for Jane is incorrect or incomplete, we will charge a fee up to $25.00 for redelivery (depending where the redelivering suburb is within Melbourne).
Please note that if an incorrect address is provided to us, we cannot be held responsible and therefore do not offer refunds for these orders.
If we cannot access a property to deliver an order (for residential deliveries), we will always try and call the purchaser to discuss. Should we be unable to make contact, or clear instructions are not provided, we reserve the right to charge a redelivery fee.
For delivery to businesses, if the person is not at work or has left early, we will endeavour to leave the flowers with someone and attempt to notify the purchaser.
If we cannot leave the flowers with someone at the business address, we will charge a redelivery fee to deliver on the subsequent business day.
REFUNDS & RETURNS
We confirm that in the unlikely event that there is a problem with your order we will refund your purchase in full if we are unable to come to an agreed solution for redelivering your purchased products. To be eligible for a refund, the issue must be at the explicit fault of Flowers for Jane, for example:
- If the order is delivered after 5.30pm on the scheduled delivery date;
- If Flowers for Jane incorrectly records the recipient or delivery address details; and/or
- If there is any other unexpected issue for which Flowers for Jane is clearly at fault.
However, if incorrect information is submitted by the purchaser or there is a problem with delivery at fault of the purchaser, Flowers for Jane will not be held responsible if the order is not fulfilled.
Once orders have been placed, we do not offer refunds for cancellations. However, you can amend the delivery receipt details up to 24 hours prior to the scheduled delivery date.
We aim to deliver a superior customer service experience and if this has not been met, please let us know and provide us with feedback.
Your use of the Site is at your sole risk. We reserve the right to restrict or terminate your access to the Site or any feature or part of it at any time. Flowers for Jane does not guarantee that prices or promotions displayed on the site are valid at time of ordering.
Flowers for Jane expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, satisfactory quality and fitness for a particular purpose. This also includes any warranties that access to the Site will be uninterrupted or error-free, that the site will be secure, or that information on the site will be complete, accurate or timely.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, you understand and agree that neither Flowers for Jane nor any of its third-party content providers shall be liable for any direct, indirect, incidental, special, consequential, punitive, or any other damages relating to or resulting from your use of or inability to use the Site or from any actions we take or fail to take as a result of electronic mail messages you send us. These include, but are not limited to, damages for errors, omissions, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorised access to and alteration of your transmissions and data, and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence, or otherwise, and even if we or our representatives have been negligent or have been advised of the possibility of such damages.
CONTENT AND COPYRIGHT
All content on this site, including but not limited to graphics, images, artwork, logos, trademarks, audio, text and video is owned or licensed to Flowers for Jane. All content contained on this Site is exclusively protected by copyright and other laws governed in Australia and Internationally. No part of this website may be copied, reproduced, republished, uploaded, posted, publicly displayed or distributed in any way, unless with Flower for Jane’s written and legal consent.
The Site may contain links to other Internet sites which are not controlled, associated or affiliated with Flowers for Jane. Flowers for Jane is in no way responsible for any content appearing on such an Internet site or webpage. Flowers for Jane also cannot accept any responsibility or liability for any loss, damage, legal fees, costs or expense you might incur as a result of reliance upon the materials which appear at the linked Internet sites or webpages.
The Site is operated by Flowers for Jane in Victoria, Australia. The laws of Victoria, Australia govern these terms and conditions and your use of the Site, and you irrevocably consent to the jurisdiction of competent courts located in Victoria, Australia for any action to enforce these terms and conditions.