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TERMS AND CONDITIONS OF USE


1.         Wedding Flowers Express

1.1       www.weddingflowersexpress.com.au (the “website”) is owned and operated by Lynch Group Australia Pty Limited ACN 001 695 665 (“we”, “us” and “our”).
1.2       By accessing, using or browsing this website you agree to be bound by these terms and conditions, the Privacy Policy and all other terms contained on this website (“Terms”).  If you do not accept the Terms cease using this website.
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.         Contract

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, shipping address and wedding date; and
b.    debit your credit card or PayPal account to process your order.
2.2       You can place an order on the website or by calling Customer Service on (02) 8778 5353.  To place a customised order that cannot be facilitated through our online shopping cart facility phone our Customer Service team.
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       We will only accept orders where the address at which the floral products are to be shipped (the “Delivery Address”) is located in an area in which we deliver (the “Delivery Areas”).  To determine if your delivery address is within our current delivery areas please enter your postcode [here – provide link].
3.2       All charges for delivery, postage and handling are specified at checkout.
3.3       Where you select standard delivery, bouquets for weddings are delivered the:
a.     day prior to your wedding, where your wedding date is Monday to Friday;
b.    Friday prior to your wedding, where your wedding date is on a weekend; or
c.     last business day prior to a public holiday.
3.4       We offer special delivery services, including an Express Delivery 2 – 3 hour service and a VIP 1 – 2 hour service, which incur additional fees.
3.5       We will deliver the goods to the Delivery Address specified during the checkout process.
3.6       All orders require a signature on delivery unless you authorise non-receipted delivery during the check-out process. 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 specified day.
3.7       We are not responsible if you provide an incorrect delivery address. While we will attempt to resolve the issue, including by having someone call you, if the flowers cannot be delivered because you supplied an incorrect Delivery Address, an additional delivery fee may be charged.

4.         Product

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 to you may occur. Our skilled florists will substitute any unavailable flowers for those of a similar appearance and value, and you will not hold us responsible for any such variations.

5.         Cancellation

5.1       Under our cancellation policy, we will refund 100% of the purchase price paid if you cancel an order at least 3 weeks prior to your wedding date. If you cancel an order less than 3 weeks prior to your wedding date we will refund 50% of the purchase price paid.
5.2       We may, at our sole discretion, reject an order for goods at least 3 weeks prior to your wedding date, if, for example, we change our Delivery Areas. In that case we will notify you immediately and will refund any amounts paid by you in respect of those goods.

6.         Guarantee

6.1       If your flowers have been damaged prior to arriving at the Delivery Address we will replace the flowers and deliver them to the Delivery Address prior to your wedding, at no additional cost to you, provided that you:
(a)   call Customer Service as soon as reasonably practicable to notify us of such damage; and
(b)   email us at customercare@weddingflowersexpress.com.au  digital photos of the damaged flowers and a description of the damaged flowers.
6.2       If in accordance with clause 6.1 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.

8.         Indemnity

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.         Disclaimer

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 the Customer Service Staff at least 3 weeks prior to the Delivery Date if the Recipient has any allergies to particular types of flowers.
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, logos, icons, sound recordings and software) is owned or licensed by us.  Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth), and except as expressly authorised by the Terms, 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 use of any trade marks appearing on the website, without the written permission of the trade mark owner.

16.       General

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.
ACCEPTED PAYMENT METHODS
American Express Visa Master Card

Not only is Wedding Flowers Express box 100% recyclable, but ethical sourcing also forms part of the corporate values & behaviours of Wedding Flowers Express.

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