WEBSITE TERMS & CONDITIONS
ESME FLEUR FLORIST
Effective Date: 4/11/2021
Welcome to esmefleur.com (Site).
CONSENT TO SITE TERMS
By accessing and using this Site, our social media channels and any other materials made available to you or provided to you on this Site, whether made available for purchase or not, you are taken to accept our Terms.
By using our Site, accessing or purchasing any products, you warrant that you are over 18 years of age and have the legal capacity to enter into a legally binding contract.
You further warrant that you have read and understood, and agree to comply with, these Terms.
If you are under the age of 18, you may only purchase our products with the consent of your parent or legal guardian. Please make sure that your parent or legal guardian has reviewed and discussed these Terms with you prior to your purchase to ensure that you understand them.
CREATING AN ACCOUNT
To place orders and access some features of our Site, you may have to register an account. This means you’ll have to give us accurate information including your name, your business name, address, a valid email address and telephone number and you must be at least 18 years old. You warrant that any information you provide during the account set up process is accurate and correct at the time you provide the information and that you’ll update information should there be any changes to the information provided. You’ll be solely responsible for the activity that occurs on your account (including orders placed on your account) so keep your account password secure.
We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation.
DAYS OF OPERATION
We operate Monday to Saturday with the exception of public holidays or over the Christmas and Easter period. Orders cannot be sent on these days. Items ordered on or for delivery on Sunday, public holidays or over the Christmas and Easter Holiday periods will be sent to the recipient on the next available day.
PRICES AND PAYMENT
All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods Tax (GST) (as applicable). The prices indicated on our Site may change at any time without advance notice to you. The amount charged to you will be the price in force at the time your order is validated.
We reserve the right at any time to modify or discontinue any product without notice at any time. We shall not be liable to you, or to a third party for any modification, price change, suspension or discontinuance of any product.
We reserve the right to cancel an order and provide a full refund in the event that a product has been discontinued or we do not have the stock available.
We may from time to time provide discounted products. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.
We offer visitors who want to purchase from our Site the option to pay for the products by credit card or such other method of payment as notified by us from time to time. You acknowledge and agree to make timely and full payments to us for the products purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to the products.
We reserve the right to cancel any order where we suspect that there is fraud or other types of illegal or unauthorised activity.
We will attempt to ensure that any products or items are as similar as possible to the images displayed on our website; however, please note that the nature of our products may mean that changes or substitutions need to be made due to seasonality or lack of supply at the time of your order. Please also note that even where changes or substitutions are not made, it is not possible to recreate each product to perfectly match its corresponding image on our website given their handcrafted nature. Images on our website are for illustrative purposes only, and we are unable to offer refunds due to any difference in appearance of your order from said images.
We do our best to ensure that the colours of any products are accurately displayed. Please note that the colours of products on our Site, promotional material or social media may seem different to the actual colors depending on the device you use.
You agree to only use the products for their intended purpose and in accordance with any guidelines or directions (Guidelines) as set out on the packaging. Any use of the products by you outside of these Guidelines is at your own risk and you assume full responsibility for any loss or damage arising from such use.
If you require your order to be delivered, we will attempt to accommodate your needs. Please note that it is your responsibility to ensure the recipient’s delivery address is correct.
Our drivers will attempt to deliver the order to the intended recipient. In the event you (or the intended recipient) are unavailable to collect your order, we will leave the order at or near the door of the address provided, and send a text to you letting you know the order has arrived.
If it appears unsafe to leave your order there, we will contact the sender and/or recipient to rearrange delivery. In the instance a redelivery needs to occur, an additional minimum charge of $15 per redelivery attempt will apply. Either the sender or the recipient will be required to pay this amount before the redelivery will occur. Please ensure that someone will be available to collect the order, the address you have provided is correct, and there is somewhere safe to leave the order if the premises is unattended.
For business, school, and hospital addresses, we will attempt to deliver to the address provided. It is however common that orders will be delivered to the front desk or reception and directed to the recipient from there. We cannot take responsibility if the recipient does not collect your order or if it is not delivered to them from there. We do not offer a track and trace service or estimated time of arrival. Proof of Delivery (POD) times are available on request.
Failure to provide the correct delivery details may result in incorrectly delivered goods, undelivered goods and additional redirect or redelivery fees. The address for redelivery needs to be within our delivery range.
We accept no liability should the goods be incorrectly delivered, and our delivery driver acted reasonably when delivering the flowers. Once delivered in accordance with your instructions, the product becomes the responsibility of the customer.
We offer our customers the ability to order our beautiful bouquets, gifts and plants in advance, to be delivered on the day of your choosing. Please note that these are offered on a first come, first served basis, and we are unable to hold or reserve items for you.
If any additional items are purchased with your preordered item/s, your order will not be delivered until the preordered item/s are ready to deliver. Payment for all items will be taken at the same time when the order is placed.
All preorders are subject to our returns and refund policies.
If you are dissatisfied with a product you have purchased you are welcome to request a refund. We make no guarantees that your refund request will be granted, particularly due to the nature of the products we sell. We ask that you provide all relevant information via firstname.lastname@example.org including:
– Your name and email address
– Your order number and the item/s purchased
– The reason for your refund request
Refunds or exchanges for products other than flowers will also be approved or denied at our sole discretion, however, may be accepted for items that are returned within 30 days of purchase in their original condition. We are unable to provide refunds or exchanges where the incorrect product has been purchased, so please ensure that when you place your order, you have made a careful selection when it comes to the arrangement you want.
In the event of a Force Majeure Event that causes us to cancel your order, you will be refunded all monies paid less deductions for the products or items provided and costs already incurred. Where an event like such occurs, we will attempt to have your order rescheduled for the new date you have chosen.
Dissatisfaction can be communicated with us at any point in time. Please be advised however that we do request photos of the original product(s) within 24 hours of receiving it to assist in understanding the complaint.
In all cases, if an item is replaced the original item must be available for return. In extreme situations, refunds will be offered at our discretion.
It is preferred that quality issues be resolved with item replacements, however we understand that a refund may be appropriate in certain circumstances. We reserve the right to offer partial refunds to cover the cost of items ordered or additional service charges incurred, such as delivery fees.
Given the nature of the business we operate, we cannot cancel orders for change of mind that are already prepared and/or are with a courier for delivery. If the cancellation is authorised, a refund will be issued (either full or partial, depending on the situation), within 3 – 5 business days.
DAMAGED OR FAULTY ORDERS
We take care to pack your orders carefully so that they won’t get damaged in transit. If, for whatever reason, they arrive damaged or faulty, we ask that you let us know within 24 hours of delivery.
We will arrange for the damaged or faulty order to be returned to us and you can let us know whether you would like us to either send a replacement to you or provide you with a refund.
We will refund postage costs required to return faulty or damaged items.
Once your order is in your possession, we will not be responsible for any future damage that may occur to the items in your order.
If you require rental items, there will be an additional nominated fee added to your invoice. This fee will be refunded once the rental items have been returned. You acknowledge that you are liable for the return of the rental items in their original condition. Rental items must be returned within 72 hours after the hire period.
You will incur an additional fee if you fail to return your rental items 72 hours after your hiring period. If the items are not returned within 7 days or are returned damaged, you agree that you will be charged the cost of replacing the item.
CHANGES TO THESE TERMS
We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site . If at any time you choose not to accept these Terms, you should not use this Site.
By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you during your use of our Site. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.
Our Site and products contain intellectual property owned by us, and/or by third parties that license the content to us (“Third Party Licensed Intellectual Property”), including, without limitation, trade marks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as their business name, logo, images, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of and access to our Site, products and content does not grant or transfer any rights, title or interest to you in relation to this Site, the products or the content.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Site, the products and/or the Content, our Intellectual Property and Third Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products and/or Content, without refund, if you are found to be violating these Terms.
LINKS TO OTHER WEBSITES
Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites. It’s up to you to decide if those websites and their content are suitable for you.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us solely by means of electronic transmission.
You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means using an electronic device, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.
INFORMATION AND ADVICE
Our Site may contain content, including digital products, blog articles, and other information. If this is the case, all of this content is of a general informational nature only and is not intended to constitute or replace professional advice for individual or specific situations. We do not purport to be any type of licensed professional and cannot be held liable for any reliance on the information we provide, either on our Site or through our products.
We do not accept responsibility for determining whether our products are appropriate for you, We reserve the right to deny service and refund the cost of that product for any reason.
The sale of products on our Site or reference to any other products does not constitute or imply our endorsement, sponsorship or recommendation in any way.
SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA
We always appreciate interaction on our social media channels and feedback about our Site, products , as it helps us to improve our Site and our products . Through the use of this Site, you may be invited to submit a review, you can also comment on our blog or other parts of our Site or interact with us via our social media channels. We love to hear from you!
Where you do decide to submit such feedback, comments or content, you represent and warrant that:
- you are the sole author and owner of the intellectual property and any other rights in that content (or have the right to use that content with appropriate consents and permissions);
- give us permission to post or otherwise use that feedback on our social media or other channels;
- you waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the content you provide us with;
- the content does not violate these Terms; and
- you are at least 18 years old.
We reserve the right to remove a review or comment if such review or comment contains:
- libelous or otherwise unlawful, abusive or obscene material;
- attacks our employees or another contributor;
- contains material that discloses your personal information; or
- is unrelated to the post or content to which you have reviewed or commented on.
Our Site and social media channels may feature user reviews of the products as well as blogs by guest bloggers, these reviews and content of the guest blogs in no way represent our views or opinions or those of our owners, shareholders, employees or any others, but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any user or guest blogger.
We may from time to time run competitions through this Site and/or through our social media channels. Your participation in those competitions is subject to these Terms and any terms and conditions that are specific to each competition.
On our Site we may present real life examples of other people’s experiences with us for illustrative purposes only and any outcomes are due to individual circumstances. These testimonials demonstrate what can be possible but are not intended to represent or guarantee that you will have the same experience.
In addition to any other prohibitions, you must not, under any circumstances use our Site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, or state regulations, rules, laws, or local ordinances;
- attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displayed on our Site;
- hack into any aspect of the Service; corrupt data; cause annoyance to other users;
- infringe upon the rights of any other person’s proprietary rights;
- send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
- attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.
WARRANTIES AND DISCLAIMERS
This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and/or the products we sell, including that:
- they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
- access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
- there is no possibility of failure to store communications or other data.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and/or our products, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
OUR RIGHT TO BE INDEMNIFIED BY YOU
To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.
BREACH AND TERMINATION
The agreement constituted between us by your use of our Site may be terminated:
- where you breach any provision of these Terms; or
- at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access our Site.
If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
CEASING OUR WEBSITE
We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.
GOVERNING LAW AND JURISDICTION
All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Queensland, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia.