Terms & Conditions
Last updated on 3 April 2023
TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING
Welcome to The Vintage Flower Box.
The Vintage Flower Box are florists that provide preserved floral frames for wedding bouquets, special occasions, memorial flowers, or anything floral related you can think of. In these terms, we also refer to The Vintage Flower Box ABN 49 437 487 250 (our entity name being Lia Marianna Harris) as “our”, “we”, or “us”.
And you are you!
What are these terms about?
These terms apply when you use this website, being https://www.thevintageflowerbox.com.au/ and any other websites we operate with the same domain name and a different extension (Website). These terms and conditions (Terms), together with any booking details and invoice for costs provided through this Website, by email or in any other format we may use from time to time, also apply when you pay a security deposit to book the performance of our services in preserving and framing your flowers (Services) and purchasing the relevant materials and products (Products). The Products do not include the flowers you send to us (Flowers). We’ll refer collectively to the Services and Products as your “Order”.
By ticking a box, paying for or otherwise accepting the benefit of any part of the Services or Products, you acknowledge and agree that you have read and agree to be bound by these Terms which forms a binding contractual agreement with us.
Please don’t proceed with agreeing to your Order before reviewing these Terms in full and confirming that the Vintage Flower Box’ offerings are suitable for your desired outcomes
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
• Part A: Terms for when you submit an Order (applies when you book our Services and purchase our Products)
• Part B: Terms for when you browse and interact with this Website (applies when you browse)
• Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.
I’ve returned to your Website, do I need to read these terms again?
Please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website, request and receive Services and/or purchase Products. You can check the date at the top of this page to see when we last updated these terms.
Part A For When You Submit an Order…
1 THESE TERMS
(a) These Terms will apply to all your dealings with us, including submitting an order using the Website’s functionality or as directed by us (Order) you represent and warrant that:
(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) you are authorised to use the debit or credit card you provide with your Order.
(b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
(c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
2 SUBMITTING AN ORDER
(a) To secure your Order with us, you must pay the security deposit in the amounts set out on the Website (a non - refundable $100 Security Deposit).
(b) To submit an Order and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
(c) You warrant that any information you give to us in the course of submitting an Order will always be accurate, honest, correct and up-to-date.
(d) We may, in our absolute discretion, cancel your Order and refund your Security Deposit for any reason, including for any failure to comply with these terms.
Although we endeavour to preserve and frame your Flowers in optimum conditions including by providing you with a ‘How-To-Guide’ on handling your Flowers, you acknowledge and agree that:
(a) (Risk) where we advise you of a risk and you accept that risk by allowing us to proceed with the relevant Services, we will not be responsible for any adverse effects caused by that risk including if you proceed to send us old, diseased or damaged Flowers;
(b) (Select Flowers) not all Flowers can be preserved, including but not limited to chrysanthemums, asparagus fern and succulents;
(c) (Changes Due to Preservation) we cannot guarantee that your Flowers will retain their original condition including colour, shape, size or arrangement as they are subject to minor imperfections and changes due to the processes of natural dehydration and preservation;
(d) (Fading and Debris) before and after the Flowers have been delivered, the Flowers may drop debris and eventually fade over time;
(e) (Pests, Insects and Diseases) Flowers and any other floral products you send to us are subject to the risk of organic pests, bugs, insects and natural diseases including but not limited to fungi, blights, mould, mildew or rots;
(f) (Environment and Climate Factors) that Flowers are subject to seasonal changes, climate and other environmental factors that increase the risk of your Flowers becoming discoloured, damaged, and/or diseased, which may arise at any time during shipping, preserving, delivery and/or once the Order is delivered; and
(g) (Temperature and Storage) to mitigate any of the above risks and ensure the longevity of your preserved Flowers, you must store the frame in a cool and dry location away from excess UV light and moisture, particularly if you reside in a high risk flood zone or otherwise humid environment.
(a) We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
(b) Until the price of your Products is paid in full, title in those Products is retained by The Vintage Flower Box. Risk in the Products will pass to you on delivery in accordance with clause 9. Delivery must not be refused by you.
5 YOUR OBLIGATIONS
You acknowledge and agree that:
(a) we will only commence the Services once you have paid for the Product;
(b) you must provide us with all relevant information and assistance reasonably required to perform the Services including but not limited to, your wedding date and a description of your Flowers;
(c) you must liaise with us as we reasonably request for the purpose of enabling us to provide the Services and fulfilling your Order;
(d) we reserve the right to refuse and cancel your Order in accordance with clause 11 if the Flowers you have requested to preserve is unsuitable for our Services;
(e) once your Order is completed, it is your responsibility maintain the finished Product in accordance with any maintenance guide, manual or instructions provided by us;
(f) if you do not follow the maintenance guide, manual or instructions provided by us, you acknowledge and agree that the Products and any subjects of the Services may be subject to excessive wear and tear and will not be considered defective in accordance with clause 12 below; and
(g) all timings and due dates for any Orders by us are estimates only. Due dates may need to be extended for various reasons, including if:
(i) you do not provide adequate information, feedback or required acceptance;
(ii) you do not provide adequate time for us to perform the Services; or
(iii) there are manufacturing or shipping delays.
5.2 DELIVERY OBLIGATIONS
You acknowledge and agree that:
(a) your Flowers are in healthy condition, the Vintage Flower Box is not responsible for any damaged, wilted or dead Flowers upon arrival;
(b) you are responsible for shipping Flowers to us and must be delivered by either Express Post or dropped off in accordance with clause 10, to an address nominated by us or otherwise communicated to you;
(c) before submitting an Order, you have read our ‘Posting Your Flowers’ manual (Delivery Manual);
(d) once your Security Deposit is accepted and a Product has been purchased, you are responsible for shipping, handling and delivery of your Flowers and that all deliveries must be packaged in accordance with the Delivery Manual;
(e) failure to adhere to packaging requirements set out in the Delivery Manual may result in discolouration or damage;
(f) failure to purchase insurance for the full value of your Flowers may result in Flowers being lost or damaged with no compensation; and
(g) you must provide us with your tracking number once the package has been posted.
(a) All prices are:
(i) per unit (except where indicated);
(ii) in Australian Dollars; and
(iii) subject to change prior to you completing an Order without notice.
(b) (Payment obligations) Unless otherwise agreed in writing, you must pay for the:
(i) Security Deposit at the time of placing an Order; and
(ii) Products to complete your Order.
(c) (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by The Vintage Flower Box, you must pay the GST subject to The Vintage Flower Box providing a tax invoice.
(d) (Card surcharges) The Vintage Flower Box reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(e) (Online payment partner) We may use third-party payment providers such as Afterpay, Square and Paypal (Payment Providers) to collect payments for Products. The processing of payments by the Payment Providers will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Providers and we are not liable for the security or performance of the Payment Providers. We reserve the right to correct, or to instruct our Payment Providers to correct, any errors or mistakes in collecting your payment.
(f) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
(a) Afterpay is a payment option which allows you to be able to purchase what you want now and pay off the remaining amounts payable over 4 fortnightly instalments. Late fees may apply if you miss your scheduled payments. Please refer to the Afterpay website for more information, and their terms and conditions can be found here: www.afterpay.com/en-AU/terms-of-service. Afterpay may be selected as a payment method at checkout.
(b) (Returns with Afterpay) Our returns and exchange process as set out in clause 12 will apply for Afterpay returns. Please ensure to continue paying any Afterpay instalments even after you have returned a Product. Remaining instalments will only be cancelled once the return has been processed. For partial returns or exchanges, Afterpay will adjust your remaining instalment amounts.
8 VOUCHERS AND DISCOUNT CODES
(a) We may provide promotional materials and discount codes offering a discount on the Products (Voucher). To use a Voucher, you will need to enter its code at checkout.
(b) A Voucher cannot be applied retrospectively to an Order. Vouchers are non-transferrable and cannot be redeemed for cash or store credit.
(c) If any additional terms or conditions apply to the Voucher, these will be set out on the Voucher.
9 DELIVERY AND SHIPPING
(a) Upon completion of your Order, you will be required to select “Delivery” or “Drop Off and Pick Up”. If you select, “Delivery”, this clause 9 will apply. If you select, “Drop Off and Pick Up”, clause 10 will apply.
(b) (Delivery Costs) You are responsible for Delivery Costs in shipping your Flowers to us, which will be added to the cart upon checkout. The prices will be automatically displayed at checkout to reflect the delivery address chosen by you.
(c) (Delivery Details) The Vintage Flower Box may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
(i) delivery is to the delivery point specifically accepted by The Vintage Flower Box; and
(ii) we will deliver the Products to you in accordance with the shipping information displayed on our Website.
(d) (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. Although we will endeavour to assist you to ensure your delivery arrives, all delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
(e) (International Orders) The Vintage Flower Box reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
10 DROP OFF & LOCAL PICKUP
(a) This clause 10 applies if you select “Drop Off and Pick Up” upon completion of your Order.
(b) If you select “Drop Off and Pick Up” as a delivery method, you will be required to:
(i) provide a date and time on which you can Drop Off the Flowers and Pick Up your Order (Drop Off and Pick Up Date); and
(ii) attend the designated location from which you will Drop Off and Pick Up your Order (Designated Address).
(c) If you select the “Drop Off and Pick Up” delivery method, you acknowledge and agree:
(i) that the Designated Address is a residential premises and to only drop off your Flowers and pick up the Order from the Designated Address by the agreed Drop Off and Pick Up Date; and
(ii) to enter and exit the Designated Address in a reasonably quiet and respectful manner.
(d) We may require you to verify your identity upon collection.
11 CHANGES TO YOUR ORDER
11.1 CANCELLATION BY US
We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
11.2 CANCELLATION BY YOU
You may cancel your Order up to the time that we confirm your Order in writing to you. security deposit is NO_ REFUNDABLE Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 12 may apply.
12 RETURNS AND EXCHANGES
12.1 CHANGE OF MIND RETURNS
Due to the nature of our Services in connection with the Products, we do not offer change of mind returns for any of our Products, unless otherwise determined at our sole discretion.
12.2 DEFECTIVE PRODUCTS
(a) We will provide a full refund of the price paid for a Product if we determine that:
(i) a Product you have ordered was not received by you solely due to failure by us;
(ii) a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
(iii) a Product is defective, in accordance with clause 12.2(b), in which case we may provide store credit, a replacement or a full refund of the price paid for a Product.
(b) The following process applies to any Product you believe to be defective:
(i) If you believe your Product is defective, please contact us using the details provided on our Website with a full description of the fault (including images, video and/or any other evidence required by the Vintage Flower Box).
(ii) If we determine that your Product may be defective, we will request that you send the Product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product defective.
(iii) If we determine in our reasonable opinion that the Product is not defective, or is defective due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.
(iv) If we determine that the Product is defective, we will issue you with a store credit, replacement or refund (including shipping costs) depending on the nature of the fault. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
(v) If you fail to comply with the provisions of this clause 12 in respect of a defective Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the defective Product.
(c) Nothing in this clause 12 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
13 INTELLECTUAL PROPERTY
(a) The Vintage Flower Box retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
(b) In this clause 13, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
14 THIRD PARTY SUPPLIERS
(a) We may do any of the following:
(i) outsource any part of performing any services related to providing the Products, including delivery of your Products; or
(ii) procure materials and Products from third party suppliers,
without further notice to or permission from you.
(B) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.
Part B For When You Browse This Website…
15 ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
16 YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of The Vintage Flower Box;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of The Vintage Flower Box, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
17 INFORMATION ON THE WEBSITE
(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(i) the Website will be free from errors or defects (or both, as the case may be);
(ii) the Website will be accessible at all times;
(iii) messages sent through the Website will be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Website will be secure or confidential; and
(v) any information provided through the Website is accurate or true.
(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
18 INTELLECTUAL PROPERTY
(a) The Vintage Flower Box retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from The Vintage Flower Box or as permitted by law.
(c) In this clause 18, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
19 THIRD PARTY TERMS AND CONDITIONS
(a) You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
(b) You agree to any Third Party Terms applicable to any third party goods and services, and The Vintage Flower Box will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
20 LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
21 THIRD PARTY PLATFORM
(a) This Website is powered by Wix and the terms and conditions of Wix may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: https://www.wix.com/about/terms-of-use.
(b) To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
The Vintage Flower Box does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
23 REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
Part C Liability And Other Legal Terms
(a) (Liability) To the maximum extent permitted by applicable law, The Vintage Flower Box limits all liability in aggregate of all claims to you (and any third parties who encounter the services or goods through you) for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this agreement or any goods or services provided by The Vintage Flower Box to the amount paid by you to The Vintage Flower Box in the 6 months preceding the date of the event giving rise to the relevant liability.
(b) Claims for loss of or damage to Products in transit must be made against the carrier.
(c) Products sold by The Vintage Flower Box, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
(d) All other express or implied representations and warranties in relation to Products and the associated services performed by The Vintage Flower Box are, to the maximum extent permitted by applicable law, excluded.
(e) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
(f) (Indemnity) You indemnify The Vintage Flower Box and its employee, contractors and agents in respect of all liability for any claim(s) by any person (including any third party who encounter the services or goods through you) arising from your or your representatives’:
(i) breach of any third party intellectual property rights;
(ii) breach of any of these terms;
(iii) use of the Website;
(iv) negligent, wilful, fraudulent or criminal act or omission; or
(v) use of any goods or services provided by The Vintage Flower Box.
(g) (Consequential loss) To the maximum extent permitted by law, under no circumstances will The Vintage Flower Box be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by The Vintage Flower Box (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
25.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
25.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
25.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $, or “dollar”, is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
(a) Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement.
(b) If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
(c) The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or re