terms & conditions
Disclaimer
These Terms and Conditions (Terms) contain the terms under which you may access this website and purchase an item listed on this website. You agree to be bound by these Terms. Just Bouquet Things may amend these Terms from time to time and any amendment will become effective immediately. Your continued use of this website after any amendment by Just Bouquet Things constitutes an agreement to abide by and be bound by these amended Terms.
All content and services provided on or through this site are provided on an "AS IS" and "SUBJECT TO AVAILABILITY" basis. The Website, its contents and third-party links and advertising are provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Your use of this Website is solely at your risk.
1. YOUR RESPONSIBILITIES
1.1 You must provide us with correct and accurate information about yourself as requested on the Website for an Order.
1.2 You must provide us with correct and accurate information about the recipient of the Order.
1.3 The content of any personalised message you provide to us for the recipient of the Order is your responsibility (including content, spelling and grammar).
1.4 We reserve the sole discretion to vary or delete a personalised message if we deem the content to be inappropriate.
1.5 We may, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. 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.
1.6 You must provide Us with a current, up to date and valid phone number, preferably a mobile phone number or a current, up to date and valid email address to enable Us to communicate with You (Valid Number and Email).
1.7 If You do not provide us with a Valid Number and Email and We need to contact You but cannot (Failed Communication) You unconditionally release Us and We accept no liability whatsoever that might arise out of any Failed Communication including but not limited to anything about Your Order or anything else associated with that Failed Communication.
1.8 You unconditionally release Us and we accept no liability arising out of a Failed Communication, where your phone number or email address were not supplied by You to Us or if details provided were invalid or incorrect.
2. DELIVERY
2.1 In some circumstances the Delivery Address you provide us may result in a delivery to reception, front office or similar type of delivery point. You unconditionally release us and we accept no liability arising out of any failed delivery or other issue because the address you provide us is not correct or inaccurate or if the Delivery Address results in a delivery to a reception, front office or similar type of delivery point. We are under no obligation to confirm your delivery address or resolve an incorrect or inaccurate delivery address with you.
2.2 If you provide us with an incorrect or inaccurate delivery address it may result in an undelivered or misdelivered Order. If we decide to attempt to deliver the Order to a corrected address, we may charge you a mis-delivery or redelivery fee.
2.3 Once we deliver your Order in accordance with the instructions you have provided to us (whether through the Website or as amended before delivery), risk to the Order transfers to you and we have no further responsibility to you in relation to the Order.
2.4 For the safety of your Order, our delivery agent may (acting reasonably) determine that the address you have provided to us is unsafe to deliver the Order. Where this occurs, we will attempt to communicate this to you and seek an alternate address. If this communication is Failed Communication, we reserve the right to have the delivery agent return the Order to the place of origin and if you subsequently either authorise the delivery of the Order to the address or provide us with a new address for the Order, we reserve the right to charge you a redelivery fee.
2.5 In the event that you authorise us to leave the Order at the original address we deemed to be unsafe for delivery, you unconditionally release us and indemnify us against all claims where that Order is, after delivery, not received by the recipient.
2.6 We will state the Delivery Fee at the checkout of your Order. Your Delivery Fee depends on your choice of delivery. Our Delivery Policies may change from time-to-time and we reserve the right to change them.
2.7 We do not guarantee a specific delivery time. Delivery times are determined by various factors some of which are outside our control. The delivery can be made anytime on the Delivery Date.
2.8 We cannot always guarantee the Delivery Date you choose at the checkout of your Order. We will advise you if it is not possible to meet your chosen Delivery Date.
2.9 We have no control over our third party delivery agents other than in their selection based on reputation. You unconditionally release us and we have no liability to you for any delay in the delivery of your Order where that delay is occasioned by a third party agent such as Australia Post or a freight/courier delivery service.
3. ORDER CHANGES
3.1 An Order is final at the time we accept your payment for an Order. You are responsible for and must ensure that your Order is correct before payment. In limited circumstances, we may, at our sole discretion agree to a variation of your Order.
3.2 We are unable to provide any alterations or amendments (including cancellations) for Orders that have already been prepared and/or in transit.
3.3 We reserve the right because of demand and any other circumstances outside our control to substitute items of your Order. Where we need to materially change your Order, we will communicate with you before doing so. This may change the delivery date of the Order. Substitutions and alterations to the Order will be of similar or higher quality and value.
3.4 We may, in our sole discretion and without having to provide you with a reason, refuse to alter or amend any Order at any time.
3.5 For Special Events, including but not limited to, Valentine’s Day, Mother’s Day, Father’s Day and Christmas deliveries, all Orders are final and we reserve the right to not accept any alterations, amendments or cancellations of your Order.
4. ORDER CANCELLATIONS
4.1 An Order is final at the time we accept your payment for an Order. You are responsible for and must ensure that your Order is correct before payment. In limited circumstances, we may, at our sole discretion agree to a cancellation of your Order.
4.2 If the cancellation request is agreed to by us the net payment (the Order cost less an administration fee of $5) will be refunded to the same payment method you used to pay for the Order. We are not liable for any costs or charges you incur by your financial institution.
5. COMPLAINT POLICIES
5.1 If at any time you are dissatisfied with our service, then we encourage you to communicate that to us via our email address: hello@justbouquetthings.com.au
5.2 You may communicate your dissatisfaction or complaint about your Order but only if we receive that complaint within 3 days of delivery of your Order. You must provide us with photos and other reasonable evidence to support a complaint about your Order.
6. PRODUCTS
6.1 We may use props on our Website for advertising and display purposes. Props do not form part of an Order. You should read the itemised Product description available on the product page of the Website carefully because it outlines the contents of each of the Products that we sell.
6.2 We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
6.3 We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. 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.
6.4 Occasionally there may be information on our Website 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 on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your Order).
6.5 We undertake no obligation to update, amend or clarify information on the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or on any related website, should be taken to indicate that all information on the Website or on any related website has been modified or updated.
7. ALLERGIES
7.1 Our Products and your Order may contain traces of nuts, gluten or diary or any other ingredients. You must consider this carefully when ordering a Product as we are not responsible for any allergic reaction to any of our Products by any recipient of your Order.
7.2 Products contain ingredients & nutritional information labels as provided by product manufacturers. We are in no way responsible for any inaccuracies in nutritional information labels & accept no liability for any allergic or adverse reactions
7.3 Some individually packaged products may not contain nutritional information labels. If you, or your recipient choose to consume these products, we accept no liability for any allergic or adverse reactions. If you require more information about specific products, please reach out and we will provide the information to you.
8. PRICING AND TRANSACTIONS
8.1 Prices for our Products are subject to change without notice.
8.2 All prices, unless otherwise stated, are quoted in AUD.
8.3 Product prices on the Website do not include delivery fees.
8.4 We accept payment by Paypal, Google Pay, Visa and Mastercard.
8.5 When providing your credit or debit card details you are agreeing that you are authorised to use that card and that is has sufficient available funds to cover the Order price.
9. DISCOUNTS
9.1 Apply to the Product value and exclude the delivery fee;
9.2 May not be combined with any other offers, discounts or gift vouchers;
9.3 Must be applied prior to payment;
9.4 May not be redeemed for cash or transferred;
9.5 Will not be applied to an Order after an Order has been paid.
10. TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
10.1 All material on Website is owned, operated, licensed or controlled by us, including but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights
10.2 Material on any website owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of us.
10.3 Use of the materials on any other Website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of our copyright, trademarks and proprietary rights and is prohibited.
11. THIRD PARTY LINKS
11.1 Certain content, Products and services available via our Website may include materials from third-parties.
11.2 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.
11.3 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.
12. LIMITATION OF LIABILITY AND INDEMNITY
12.1 You agree that we shall not be liable for any damages suffered as a result of using the Website or an Order.
12.2 In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
12.3 We do not endorse the content of any third-party products and expressly disclaim any and all liability in connection with them. In no event shall we be liable for any claims by a User or any third party pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited to, any misleading or deceptive statements and/or misrepresentations incorporated into content. It is your sole responsibility to ensure the accuracy of the information that you give us for the purposes of an Order.
12.4 As a condition of your access to and use of the Site, you agree to defend, hold harmless, and indemnify us and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:
(a) your access to and use of the Website and any Order; or
(b) your breach of these Terms and any applicable law or the rights of another person or party; or
(c) any breach of contract or other claims made by a third party who is a recipient of your Order.
12.5 This indemnification section survives the delivery of your Order.
13. RELEASE
13.1 You hereby release us and its affiliates, officers, directors, agents, subsidiaries, joint ventures, and employees from claims, demands, and damages whether actual or consequential of every kind and nature, known or unknown, arising out of or in connection with any dispute you have with us, whether it be at law or in equity. This includes, for example and without limitation, any disputes regarding performance, quality, functions, and quality of the Products.
13.2 Neither the release in this clause nor the indemnity in clause 12 abrogates any implied warranty by law including those implied by the consumer laws of each country we operate in.
14. NOTICE
14.1 By using the Website, you accept and consent that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website or calling you at our election.
14.2 You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
14.3 Notice will be deemed received and properly served immediately when posted on the Website or 24 hours after an email is sent. As proof of service, it is sufficient that, for emails, the email was sent to the specified email address you have given us.
15. NO WAIVER
15.1 If we fail, at any time, to insist upon strict performance of your obligations under these Terms, or if we fail to exercise any of the rights and remedies we are entitled to under these Terms, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.
15.2 If we waive a default, it does not constitute a waiver of any subsequent defaults.
15.3 No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you.
16. FORCE MAJEURE
16.1 We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
(a) acts of god;
(b) natural disasters;
(c) sabotage;
(d) accident;
(e) riot;
(f) shortage of supplies, equipment, and materials;
(g) strikes and lockouts;
(h) pandemic or epidemic;
(i) civil unrest;
(j) computer hacking; or
(k) malicious damage.
17. SEVERABILITY
17.1 If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.
18. ENTIRE AGREEMENT
18.1 These Terms and the documents expressly referred to in them, constitute the entire agreement between you and us, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us and you.
18.2 We each acknowledge that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.
19. GOVERNING LAW
19.1 These Terms are governed by the laws of the country in which you access the Website or place your Order.