Terms and Conditions of Service

Terms and conditions of service –

Please read these terms and conditions of service when using this website and/or our telephone service.

  1. General terms and conditions:
  2. Welcome to the Sweetheart Florist online store, which is open 24 hours, 7 days a week all year round to service your needs.
  3. If you are unsure of what you want to order, we are available at all hours to assist you with your inquiries, via email at info@sweetheartflorist.com.au or telephone on 1300 138 267 or (+61 0)2 9386 9699.
  4. For the purposes of these terms and conditions of service, “Us”, “Our” and “We” refers to sweetheartflorist.com.au, and “You” and “Your” refers to you, the customer, visitor, website user or any person using our website and/or telephone services.
  5. If you access, browse and/or use our website, you are agreeing to be bound all the terms, conditions and disclaimers, which will govern our relationship with you.
  6. These terms and conditions may be amended by us from time to time without notice to you. Please ensure you familiarise yourself with our terms and conditions each time you access, browse and use our website or telephone services.
  7. Unless otherwise stated, all prices quoted are inclusive of GST and are quoted in Australian Dollars (AUD).
  8. Product prices do not include delivery fee.
  9. We accept payments made via PayPal, Visa, MasterCard and American Express. When providing your credit or debit card details you are agreeing that you are authorised to use that card and it must have sufficient available funds to cover your charges.
  10. In certain circumstances where the order is over a specific dollar threshold, for security and privacy concerns we may require payment through electronic funds transfer (EFT) instead. Should this be applicable to your order, we will contact you to discuss.
  11. We extend credit accounts to other business subject to approvals. Please contact us for further information via email at info@sweetheartflorist.com.au, or telephone on 1300 138 267 or (+61 0)2 9386 9699.
  12. You must be over 18 years of age to use this website and to purchase any goods or services. If you are under the age of 18 and want to use our website, you must have written permission from a parent or guardian to use or purchase from our website.
  1. Delivery of our products:
  2. We service and deliver at all times of the day, including Weekends and NSW Public Holidays unless otherwise stated to you.
  3. Our delivery service and prices vary depending on the delivery suburb, and any specified times required.
  4. We offer same day delivery services for flowers and products ordered on the same day.
  5. For all specified delivery times that you may require, including delivery for funerals, we can accommodate this request but you must contact us beforehand. We can be contacted via email at info@sweetheartflorist.com.au or telephone on 1300 138 267 or (+61 0)2 9386 9699. Additional delivery charges may apply and we will advise you accordingly.
  6. Our same day delivery policy means that if you order on the day for same day delivery, we will deliver the flowers on that same day however specific times cannot be guaranteed. In some circumstances, if you have ordered after the cut-off time for your particular delivery suburb, additional charges may apply to ensure same day delivery. The cut off time for particular delivery suburbs varies, and we will contact you to discuss should this occur.
  7. Ordinarily, we cannot guarantee the specific delivery time of your order (except for agreed time for your order that you have discussed and organised with us prior), however depending on when your order was placed on our website or through our telephone service, our policy ensures that delivery will be:

Monday to Friday:

  1. Anytime between 9am to 5pm for business addresses, and
  2. Anytime between 9am to 6pm for all other addresses.

Weekends:

  • Anytime between 9am to 6pm (and subject to any business addresses which require delivery by close of business).

As noted above, we also deliver outside of these times if requested.

  1. There may be varied delivery prices to accommodate for the different delivery times that may be required, or if your order has been received after our cut-off time for the particular delivery suburb.
  2. Should any issues arise for us with respect to the delivery time or delivery suburb, we will contact you as soon as possible.
  3. Varied delivery terms and conditions may apply to special occasions, such as NSW public holidays; special occasions, including Valentine’s Day; Mother’s Day; Christmas Eve; Christmas Day; New Year’s Eve; New Year’s Day; religious holidays; and potentially after our suburb cut-off time. We will include these terms and conditions on our website closer to the occasion and/or will contact you should these varied terms apply to your delivery suburb.
  4. We do not provide a tracking or tracing service, or a confirmation of receipt of our goods once our goods are in transit.
  5. We accept no responsibility for any goods that are left in the location as specified by you on your order slip. In some situations, if our courier is of the opinion that a delivery location is unsafe, the order will be returned to us and redelivery fees will apply.
  6. Our free delivery service to Sydney Metro areas means Sydney’s Eastern Suburbs and Sydney Central Business District (CBD) Monday to Friday.
  7. Free delivery to Sydney Metro areas will be delivered for times in accordance with the times specified above at 2(c) provided the order is placed by 11.30AM that day for all business addresses, and by 1PM that day for all residential addresses.
  8. For orders placed out of these times for delivery to the Sydney Metro areas, the normal delivery charges will apply. After hours, and timed deliveries will have delivery charge which will need to be discussed directly with us on 1300 138 267 or 02 9386 9699, or we will call you if we notice that this situation applies.
  9. We note that free delivery to Sydney Metro areas does not apply on NSW public holidays; special occasions, including Valentine’s Day; Mother’s Day; Christmas Eve; Christmas Day; New Year’s Eve; New Year’s Day; religious holidays; and potentially after our suburb cut-off time.
  1. Order details
  1. You must supply us with the correct information for the recipient and delivery details. This includes their valid address; phone number; and email address.
  2. We accept no liability arising out of your failure to provide us with the correct information for the recipient and delivery details, and our failure to contact the recipient and/or customer; incorrect delivery or undelivered goods arising due to the incorrect information that was provided by you.
  3. Any issues with respect to the incorrect delivery address or delivery details must be raised with us within one (1) day of the delivery date of your order. We accept no liability for any issues with your delivery after one (1) day of the delivery date.
  4. Additional delivery fees and/or cost to replace the goods may apply if you require us to redeliver the goods to the correct delivery details.
  5. Once the goods are delivered in accordance with your delivery instructions, we accept no responsibility for the goods and they become your responsibility or that of the recipient.
  1. Product substitution 
  1. We will always do our best to ensure your order complies with the product descriptions, however sometimes due to seasonal variations and supply, flowers and products illustrated on our website may be not be available in stock or be able to be sourced from our supplier at the time.
  2. Should this infrequent situation arise, we reserve the right to substitute flowers or products to the same value and as close as possible to your original product ordered depending on our stock availability to ensure your order is fulfilled and meets our delivery times.
  3. We will do our best to provide you with notice of this substitution, however should the rare situation arise where we do not give notice, we reserve the right to proceed with fulfilling your order to meet the delivery requirements.
  4. Certain products and props may be used for display and photographic purposes, which will not be included with the final product. Please ensure you read the item description available on the product page which details the contents of the final product.
  1. Refunds, replacements and cancellations 
  1. We refund in accordance with the Australian Consumer Law. As such, we do not provide a full refund for simply change of mind, or due to us receiving incorrect information from you with respect to your order.
  2. We do not offer a full refund and cannot cancel your order after your order has been made and/or while the product is in transit.
  3. We do not offer a refund for bespoke orders specifically made for you or products ordered from our supplier specifically for you. A cancellation fee may apply if you wish to cancel any bespoke orders or specifically ordered products that we have requested from our suppliers.
  4. We are unable to amend or change any orders after they have already been prepared and/or are already in transit, or for any specific products you have requested that are especially for your order.
  5. Should you wish to cancel your order prior to it being made or prior to it being in transit, you may choose one of the following options:
    1. A refund less a cancellation fee of AUD$50.00 which will be subtracted from your total order cost prior to refunding. This is to compensate for the out of pocket expenses we have incurred, including advertising costs, staff wages, fees and administrative costs incurred in processing the order; or
    2. A credit note for the full value of the order to be used within 6 months from the date of cancellation. You will not be deducted the cancellation fee of AUD$50.00.
  6. In the event you are entitled to a refund, the refund will occur within 3-5 business days (or depending on the financial institution’s policy), and the refund will be made to the original credit card or PayPal account used.

 

  1. Complaints
  1. Should there be any dissatisfaction with your product or good/s delivered, you must communicate this to us within two (2) days of receiving your order.
  2. We reserve the right to request photos of the original good/s delivered to the recipient at the time of delivery, and reserve the right to collect the original good/s delivered.
  3. In order to resolve any dissatisfaction, we may offer one of the following three options (or any other option the manager on duty deems appropriate to rectify any possible issues):
    1. the replacement of the goods; or
    2. supplying the goods and service to you again for the original value or a higher value if we deem appropriate;
  • or the payment of the cost of having the goods or services supplied to you again.

 

  1. Protection against fraud 
  1. It is illegal to engage in any fraudulent activities on our website or via our telephone service including fraudulently using the credit card details of a cardholder without their permission.
  2. Any party found to be engaging in illegal activities using our services will be reported to the relevant authorities, and may be subject to civil prosecution.
  3. We reserve the right to refuse service to any customers we suspect are engaging in fraudulent activities.
  4. To protect ourselves against fraud, for large orders over a certain amount we may require proof the cardholder identity, including requiring the cardholder to email us a copy of their identification and require them to sign a delivery slip. Should this apply to your order, we will contact to discuss and explain further.
  1. Purchase and sale of alcohol
  1. It is a legal offence under the NSW Liquor Act 2007 (NSW) to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
  2. In accordance with the legislation, we condemn the purchase of alcohol for or by people under the age of 18 years old.
  1. Privacy and legal
  1. We collect your personal data that is provided to us by you on our webpage or over the phone (including name, address, email address, and contact number of yourself or the recipient) only for the purposes of fulfilling our obligation to you, such as delivering the goods or contacting the customer or recipient in case of any issues or concerns with delivery or ability to service.
  2. We do not keep records of customer credit card details, and all credit card and other personal details provided to us via email are securely destroyed.
  3. For your security, we use your IP address to help diagnose problems with our server and to administer our website. This information is maintained only by the webmaster of our ISP.
  4. Our website contains links to other external third party sites, such as PayPal. We are not responsible for privacy practices or the content of such third party sites, and we cannot warrant the security of any information supplied by you to third party sites.
  5. We do not disclosure your personal information to any other source, unless we are required to do so by law or in the good faith belief that such action is necessary in order to conform to the edicts of the law or to comply with a legal process served on our business.
  6. Under no circumstances do we sell or receive payments or services for disclosing your personal information to any partner or external company.
  7. The sender has the right to remain anonymous from the recipient when using our services to send products to the recipient if requested by the sender, except in circumstances covered at clause 9(e).
  8. We may utilise cookies to store information relating to your browsing history and enable browsing features, however we do not use it to store any personal or financial information relating to you.
  1. Copyright and restrictions
  2. All the material on our website owned, operated, licensed or controlled by us is protected by the relevant intellectual property law, including copyrights, trademarks and other applicable intellectual property law.
  3. All the material on our website is solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted or transmitted in any way without our prior consent.
  4. Use of our material for any other purpose other than your personal, non-commercial use, is a violation of our terms and is prohibited under law.
  1. Governing jurisdiction
  2. Our terms and conditions are subject to and governed by the laws of New South Wales and Australia, including the Australian Consumer Law, Schedule 2 to the Competition and Consumer Act 2010 (Cth).
  3. Should we breach a term under this agreement, our liability is limited to: (a) the replacement of the goods; or (b) supplying the goods and service to you again for the original value or a higher value if we deem appropriate; or (c) the payment of the cost of having the goods or services supplied to you again.
  4. Should any dispute arise between us and you that results in litigation, you agree to submit to the jurisdiction of the courts of Australia, and the initiating proceedings will be in the courts of New South Wales.
  5. Where any term or condition set out in our terms and conditions of service would be considered illegal, void or unenforceable in any State or Territory, then that term or condition will be deemed to have never applied or operated in that State or Territory. This will not affect or modify the enforceability and construction of the other terms and conditions in our terms and conditions of service. In the contrary, where the term or condition is legal and enforceable in a State or Territory, then it will continue to be fully enforceable and form part of the terms and conditions of our service.
  1. Force Majeure
  1. We are not liable to perform any obligation, including but not limited to, the fulfilment of an order or a delivery if the failure occurs as a result of unforeseeable circumstances beyond our control, including but not limited to acts of God, wars, terrorist activities, government sanctions, strike, theft, interruption or website, electricity, phone services or credit card facility failures, or any other event or catastrophic event beyond our control.
  1. Disclaimer and limitation of liability
  2. By using our services, you accept that we are not legally responsible for any loss or damage you might suffer related to your use of our services, including but not limited to errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. We will not be liable for the use of information, documents or materials, which is entirely at your own risk.
  3. It will be your own responsibility to ensure that any products, services or information available on our website meet your specific, personal requirements and those of the recipient, including being safe for the recipient and any beings in the recipient’s vicinity, including children or pets.
  4. You acknowledge that such information and materials on our website may contain some inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  5. We will do our best to ensure our material and information contained on our website is up to date, however we do not warrant or make any representations as to the correctness, accuracy, reliability, suitability, or otherwise of any document, information, product or service on our website, and reserve the right to correct any connotation otherwise.
  6. To the extent government by law, we disclaim all express or implied warranties, including but not limited to merchantability; fit for particular purpose; that the goods or services will be free of errors or that defects will be correct; or that our website is free or viruses or any other harmful components that is not without our knowledge.
  7. Our terms and conditions of service represent the whole agreement between you and us governing your access, browsing and use of our services including all relevant information and documentation applicable. Except where required by law, all implied terms are expressly excluded.