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Terms and Conditions

The terms and conditions outline the rules and regulations for the use of  The Florist's Box, located at thefloristsbox.com

 

BACKGROUND:

 

These Terms of Sale set out the terms under which physical Goods (“Subscription Box”) are purchased via a Subscription from Us. Please read these Terms of Sale carefully and ensure that you understand them before purchasing a Subscription. You will be required to read and accept these Terms of Sale when ordering a Subscription.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase a Subscription from Us. These Terms of Sale, as well as any and all Contracts are in the English language only.

 

If you are a consumer (see definition detailed 4.1) you will benefit from the additional sub-Clauses found at 18.

  1. Definitions and Interpretation

 

In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

 

“Contract”

means a contract for the purchase of a Subscription to receive Subscription Boxes as explained in Clause 6;

“Data Protection Legislation”

means all applicable legislation in force from time to time in Australia applicable to data protection and privacy including the Privacy Act 1988.

“Subscription Box(es)”

means a physical package of curated products and/or services that is periodically sent to subscribers at predetermined intervals, in accordance with the subscription plan chosen by the subscriber. The contents of a Subscription Box may vary with each delivery, and the specifics of the contents, frequency, and pricing will be outlined separately. The term "Subscription Box" does not solely denote the act of subscribing to a service but specifically refers to the tangible collection of items dispatched as part of this service;

“Subscription”

means a subscription You purchase, via Our website, for physical Goods to be delivered to You or someone designed by You;

“Subscription Confirmation”

means Our acceptance and confirmation of your purchase of a Subscription;

“Our Site”

means Our website www.thefloristsbox.com;

“Goods”

means physical products which are sent to you as part of the Subscription Box;

“We/Us/Our”

Means The Florist’s Box

“you/your”

means the person or business purchasing a Subscription from Us.

 

  1. Information About Us

 

Our Site, thefloristsbox.com is owned and operated by The Florist’s Box a company registered in Australia under Company Number 59278489748 with a registered office address of Scarborough Cl, Narellan.

 

You may contact us using our postal address or via email at lynell@thefloristsbox.com

 

  1. Our Site

 

3.1     You may purchase a Subscription for a Subscription Box via Our Site provided which you are at least 18 years of age.

 

3.2     When you purchase a Subscription you must make an account on Our Site. It is your responsibility to make any and all arrangements necessary in order to access Our Site. Further, you must not share your password for your account with anyone.

 

3.3     Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period. If Our Site is not available for any reason you may contact us using the contact details provided in Clause 2 above.

 

  1. Business Customers and Consumers

 

4.1     These Terms of Sale deal with consumers and business customers. However, if you are a consumer, (that is, not in connection with, or for use in, their trade, business, craft of profession), you will additionally benefit from Clause 18.

 

4.2     For the avoidance of doubt business customers may not rely upon the Clauses set out in Clause 18.

 

4.3     These Terms of Sale constitute the entire agreement with you. In signing up for a Subscription you acknowledge and confirm that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

 

  1. Subscription, Subscription Box, Pricing and Availability

 

5.1     The Subscription Boxes will vary from box to box in content but We will ensure that the Subscription Boxes you receive are similar to the description provided to you when you signed up for a Subscription. The exception to this being We may make minor changes, from time to time, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Subscription Boxes. If any changes, that alter the description, are made that would affect your use of the Subscription Boxes, suitable information will be provided to you.

 

5.2     We may from time to time change Our prices.  Changes in price will not affect any Subscription that you have already purchased but will apply to any subsequent renewal or new Subscription.  We will inform you of any change in price at least 14 days before any change is due to take effect.  If you do not agree to such a change, you may cancel the Contract as described in Clause 6.

 

5.3     Subscription Boxes will be provided to you, as part of the Subscription, at the regularity chosen by you when purchasing the Subscription.

 

5.4     In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Subscription Boxes.  If We do so, We will inform you at least 14 days before the changes are due to take effect.  If you do not agree to the changes, you may cancel the Contract as described in Clause 6.

 

5.5     We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in prices will not affect any order that you have already placed, with the exception of GST for which we refer you to sub-Clause 5.7 below.

 

5.6     All prices are checked by Us before We accept your order.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is higher, We will give you the option to purchase the Subscription at the correct price or to cancel your order (or the affected part of it). If We contact you detailing the mistake and We do not hear from you within 14 days We will automatically cancel your order. If any payment has been taken, or you wish to cancel your order on this basis, We will refund the payment made by you within 14 days.

 

5.7     We are not, at this time GST registered. If We become GST registered GST will be charged (where you reside in the Australia) in addition to the fees quoted on Our Site.

 

5.8     If you are an international customer, that is outside of the UK, We do provide a Subscription Box worldwide, subject to additional postage costs. In the event you purchase from outside Australia you should be aware you may be required to pay customs in the receiving country. Any customs or taxes due are your sole responsibility and We take no responsibility for the same.

 

5.9     Nothing in these Terms, or by you receiving the Subscription Box, gives you any intellectual property rights in the products or any merchandise provided. Similarly you may not make use of any logos, branding or trademarks owned by Us or any of the product manufacturers/sellers.

 

  1. Orders – How Contracts Are Formed

 

6.1     Our Site will guide you through the process of purchasing a Subscription. Prior to purchasing you will be provided with the terms upon which you are entering into a Contract with Us. You will also have the opportunity to review and amend your order, as necessary, prior to purchasing a Subscription. Please ensure that you check the description and Our terms carefully before completing your order.

 

6.2     If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not provide Us with the information We need within 14 days We reserve the right to cancel the Contract. We will not be responsible for any delays in you receiving a Subscription Box where you have failed to give Us the information needed or requested.

 

6.3     No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you a Subscription Confirmation by email. Only once We have sent you a Subscription Confirmation will there be a legally binding Contract between Us and you.

 

6.4     The Subscription Confirmation shall contain the following information:

 

6.4.1  Confirmation of the Subscription ordered including a general description of the Subscription Box;

 

6.4.2  Fully itemised pricing for your Subscription including, where appropriate, taxes, and other additional charges;

 

6.4.3  Estimated delivery timeframes;

 

6.4.4  The duration of your Subscription (including the start date, and the renewal date).

 

6.5     In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing.  If We have taken payment any such sums will be refunded to you.

 

6.6     Any refunds due under this Clause 6 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs. Any refunds under this Clause will be made using the same payment method that you used when purchasing your Subscription.

 

  1. Payment

 

7.1     Payment for Subscriptions must always be made in advance.  Your chosen payment method will be charged prior to your first Subscription Box being shipped and therefore will be charged at the regularity detailed within the Subscription description.

 

7.2     Payments must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction of withholding of tax is required by law).

 

7.3     We accept the following methods of payment on Our Site:

 

7.3.1  Paypal

7.3.2  Visa Card

 

7.4     If you do not make any payment due to Us on time the Subscription Boxes will no longer be supplied to you. In the event that you have received a Subscription Box, and payment of the Subscription later fails to go through those sums will remain due and payable.

 

7.5     If you believe that We have charged you an incorrect amount, please contact Us at  lynell@thefloristsbox.com as soon as reasonably possible to let Us know.  You will not be charged for any Subscription Boxes while availability is suspended.

 

  1. Provision of Subscription Box

 

8.1     When signing up for a Subscription you will be given the opportunity to select the level of Subscription Box you wish to receive and the frequency. Subscription Boxes will be provided to you for the duration of your Subscription (including any renewals), or until the Contract is otherwise ended.

 

8.2     In some limited circumstances, We may need to suspend the provision of Subscription Boxes (in full or in part) for one or more of the following reasons:

 

8.2.1  To fix technical problems or to make necessary minor technical changes, as described above in Clause 5;

 

8.2.2  To update the Subscription Boxes to comply with relevant changes in the law or other regulatory requirements, as described in Clause 5;

 

8.2.3  To make more significant changes to the Subscription Boxes, as described above in Clause 5.

 

8.3     If We need to suspend availability of the Subscription Boxes for any of the reasons set out in sub-Clause 8.2, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Subscription Boxes, in which case We will inform you as soon as reasonably possible after suspension). You will not be charged while availability is suspended and your Subscription will be extended by a period equivalent to the length of the suspension.

 

8.4     If you are a Consumer please additionally see Clause 18.

 

  1. Ownership and delivery

 

9.1     Subscription Boxes in accordance with your Subscription will be posted to you at the interval you selected. We aim to post Subscription Boxes out on the first week of any relevant month, subject to the Subscription level purchased. However, you should be aware that postage to an Australian address can take up to 14 days. Where Subscription Boxes are to be posted internationally the delivery time will vary from country to country.

 

9.2     We will not be responsible for delays in you receiving any Subscription Box due to reasons that are outside of our reasonable control. If delivery is delayed for such a reason, We will inform you as soon as possible.

 

9.3     If there is a risk of a substantial delay in delivery, you may contact Us to end the Contract and We will refund you for any Subscription Boxes paid, but not received.

 

9.4     If you (or someone on your behalf) are not available at your address to take delivery of any Subscription Box and it cannot be posted through your letterbox, a note informing you of how to arrange for re-delivery or where you can collect the Subscription Box from will be left.

 

9.5     If you do not arrange to have the Subscription Box redelivered or you do not collect it, We will contact you to ask for further instructions.

 

9.6     We may charge you for storage and for further delivery costs. If, despite Our reasonable efforts, We cannot contact you or cannot arrange for re-delivery or collection of the Subscription Box, We may end the Contract and issue you with a refund. We may deduct a reasonable sum in compensation for any net costs incurred by Us as a result.

 

9.7     In the unlikely event that We do not deliver the Subscription Box on time (within 30 calendar days for Australian orders), you have certain legal rights. If any of the following apply, you may treat the Contract as being at an end immediately:

 

9.7.1  We have refused to deliver any Subscription Box; or

 

9.7.2  In light of all relevant circumstances, delivery within the specified or agreed time period was essential.

 

9.8     If any cancelled Subscription Box is delivered to you, you must return it to Us in full or arrange for its collection by means of post. We will cover the cost of standard delivery charges (i.e. the cheapest option available), but we do not reimburse premium delivery charges. Please contact Us using the details provided above in Clause 2 for return details.

 

9.9     Responsibility for the Subscription Box passes to you once We have delivered the Subscription Box to the address you have provided or once you (or a carrier organised by you, if applicable) collect the relevant Subscription Box from Us.

 

9.10   We will not be responsible for delivering Subscription Boxes late or for not delivering Subscription Boxes if this is due to you not providing Us with the required information within a reasonable period of Us asking for it.

 

  1. Faulty, Damaged or Incorrect Goods

 

10.1   The Australian Consumer Law 2010 requires that Goods (also referred to herein as Subscription Box) must be as described, fit for purpose, and of satisfactory quality.

 

10.1.1     Beginning on the day that you receive the Subscription Box (and ownership of the products) you have a 21 calendar day right to reject them and to receive a refund if they do not conform as stated. In the event that you return part of the Subscription Box, any refund will be calculated based on that particular product's value, and not the value of the whole Subscription Box.

 

10.1.2     If you do not wish to reject the Subscription Box or part thereof, or if the 21 calendar day rejection period has expired, you may request a repair of the Good(s) or a replacement. We will cover any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 21 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 calendar days remain out of the original rejection period, the time remaining will be extended to 7 calendar days.

 

10.1.3     If, after a repair or replacement, the Subscription Box or part thereof still does not conform (or if We cannot repair or replace them, as described above, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to attempt the repair or replacement again (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right either to keep that part of the Subscription Box at a reduced price or to reject them in exchange for a refund. You will only be entitled to a reduction in the price of the faulty product and not the entirety of the Subscription Box:

 

  1. If you exercise the final right to reject any of the Subscription Box or part thereof more than six months after you have received the Subscription Box (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Subscription Box or part thereof and any refund will have regard to the faulty product value, and not the entirety of the Subscription Box box;

 

 

10.2   Please note that you will not be eligible to claim under this Part 10 if:

 

10.2.1     We informed you of the problem(s) with the Subscription Box or part thereof before you purchased them or you had the opportunity to examine them before purchase and the problem(s) should have been obvious to you; or

 

10.2.2     You have caused the problem(s) yourself, for example, through misuse or intentional or careless damage; or

 

10.2.3     You have used the Subscription Box or part thereof for an unsuitable purpose and not for the purpose the product was designed for;

 

10.2.4     The problem(s) is/are the result of normal wear and tear; or

 

10.3   If there is a problem with any Subscription Box or part thereof, please contact Us using the details provided above in Clause 2.

 

10.4   If you exercise your legal right to reject the Subscription Box or part thereof, you must return the product to Us.

 

10.5   To return any Subscription Box or part thereof to Us for any reason under this Part 10, please post them to Us or return them in person. We will cover the cost of standard delivery charges (i.e. the cheapest option available), but we do not reimburse premium delivery charges. Please contact Us using the details provided above in Part 2 for a return label.

 

  1. Your Rights to end Your Subscription

 

11.1   If you are a Consumer, please also see Clause 18 in respect of “cooling-off”.

 

11.2   If any Subscription Box is mis-described, you may have a legal right to end the Contract, to have the Subscription Box or part thereof repaired or replaced, or to get a full or partial refund. Please refer to Part 10, above, for more information.

 

11.3   If you purchase a Subscription by mistake (or allow your Subscription to renew by mistake), please inform Us as soon as possible.

 

11.4   If you wish to exercise your right to cancel under this Clause 11, you may inform Us of your cancellation in any way you wish. Cancellation by email or by post is effective from the date on which you send Us your message. If you would prefer to contact Us directly to cancel, please contact us using the postal address set out at Clause 2. When contacting Us please ensure you provide your name, address, email address and telephone number.

 

11.5   Refunds under this Clause 11 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel. Refunds under this Clause will be made using the same payment method that you used when purchasing your Subscription.

 

  1. Ending the Contract Because of Something We Have Done (or Will Do)

 

12.1   You may end the Contract at any time if We have informed you of a forthcoming change to your Subscription or the Subscription Boxes (as described in Clause 5), or to these Terms of Sale that you do not agree to. To do so you can contact Us using the contact details at Clause 2. In the event you have received a Subscription Box after the change is implemented, you must return the Subscription Box to Us.

 

12.2   If We have suspended the availability of the Subscription Box for more than 30 days, or We have informed you that We are going to suspend availability for more than 30 days, You may end the Contract immediately informing Us using the details in Clause 2.

 

12.3   If the availability of any Subscription Box will be significantly delayed because of events outside of Our control, you may end the Contract immediately.

 

12.4   If We inform you of an error in the price or description of your Subscription and you wish to end the Contract as a result, you may end it immediately.

 

12.5   If you are a consumer, you have a legal right to end the Contract at any time if We are in breach of it.  You may also be entitled to a full or partial refund and compensation.

 

12.6   If you wish to exercise your right to cancel under this Clause 12, you may inform Us of your cancellation in any way you wish. If you would prefer to contact Us directly to cancel, please contact us using the postal address set out at Clause 2. In each case, providing Us with your name, address and email address.

 

12.7   Refunds under this Clause 12 will be issued to you as soon as possible, and in any event within 14 days from the day on which you inform Us that you wish to cancel. Refunds will be made using the same payment method that you used when purchasing your Subscription.

 

13      Our Liability

 

13.1   Subject to sub-Clause 13.3, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.

 

13.2   Subject to sub-Clause 13.3, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be 50% of the total sums paid, in a 12 month period, by you under the contract or, the sum of $250AUD, whichever is the greater sum.

 

13.3   Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.

 

13.4   If you are a consumer, nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer.

 

  1. Events Outside of Our Control

 

14.1   We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), pandemic, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

 

14.2   If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

 

14.2.1     We will inform you as soon as is reasonably possible;

 

14.2.2     We will take all reasonable steps to minimise the delay;

 

14.2.3     To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

 

14.2.4     We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Subscription Boxes as necessary;

 

14.2.5     If the event outside of Our control continues for more than 30 days We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 30 days of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering your Subscription.

 

14.2.6     If an event outside of Our control occurs and continues for more than 30 days and you wish to cancel the Contract as a result, you may do so in any way you wish. If you would prefer to contact Us directly to cancel, please contact us using the postal address set out in Clause 2.

 

              In each case, providing Us with your name, address, email address and telephone number.

 

  1. Communication, Contact Details and Complaints and Feedback

 

If you wish to contact Us with general questions or complaints, you may contact us using the contact details provided at Clause 2.

 

  1. How We Use Your Personal Information (Data Protection)

 

16.1   All personal data that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and your rights thereunder.

 

16.2   For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy.

 

  1. Other Important Terms

 

17.1   We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

 

17.2   You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.

 

17.3   The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

 

17.4   If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.

 

17.5   No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

 

17.6   We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale as they relate to your Subscription, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.

 

  1. Consumer Clause - Cancelling and Ending the Contract if You Change Your Mind

 

This Clause 18 applies only to Consumers who purchase a Subscription.

 

18.1   If you are a consumer, the Consumer Contracts Regulations 2013 gives you the legal right to change your mind and end the Contract for any reason. This 10 business day “cooling-off period” begins once your order for a Subscription is complete and we send you a Subscription Confirmation, i.e. when the Contract is formed, and ends as set out below.

 

          You may also cancel for any reason before We send the Subscription Confirmation. The cooling-off period ends 10 business days after the day on which you (or someone you nominate) receive(s) the first Subscription Box.

 

18.2   If you wish to end the Contract for this reason, you must inform Us within the cooling-off period. You may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address and, where possible, your email address and telephone number.

 

18.3   Your cancellation notice is effective from the date on which you send it. Provided you send your cancellation notice or contact Us directly by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.

 

18.4   Please note that this right to cancel may not apply in the following circumstances:

 

18.4.1     If any of the contents in the Subscription Box are sealed for health or hygiene reasons and you have unsealed after receiving it;

 

18.4.2     If the Subscription Box consists of sealed audio or video recordings or sealed computer software on physical media and you have unsealed them after receiving them;

 

18.4.3     If the Subscription Box is likely to deteriorate quickly, for example, flowers or food;

 

18.4.4     If the Subscription Box has been personalised or custom-made for you;

 

18.4.5     If the Subscription Box has been inseparably mixed with other items (according to their nature) after you have received them.

 

18.4.6     Digital Content if you have downloaded the same.

 

  1. Law and Jurisdiction

 

19.1   These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, Australian law.

 

19.2   Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Australia.

 

 

 

 

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