Terms of service

1.1 Any Quote provided by flowerdose to the Customer will, unless otherwise stated, remain valid for 14 days from the date of the Quote.

1.2 flowerdose may withdraw or vary the Quote at any time prior to the Customer’s acceptance.

1.3 If the Customer accepts the Quote, the Parties will have created a binding contract and the Customer will be taken to have placed an Order.

1.4 Any Order placed by the Customer will be subject to the terms and conditions set out in this Agreement. The Customer is deemed to have accepted these terms and conditions set out in this Agreement if the Customer requests flowerdose to supply the Goods and Services.

1.5 flowerdose may refuse to deliver the Supply to the Recipient at any time prior to the Delivery. In this event, any Deposit will be refunded to the Customer. The Customer will not make any Claim against flowerdose.

2.1 flowerdose will deliver the Supply to the Recipient on the Delivery Date to the Delivery Location according to this Agreement.

2.2 flowerdose will not be liable for any delay in Delivery for any reason whatsoever. flowerdose does not guarantee the time of Delivery.

2.3 The Customer or the Recipient is required to ensure that access is available for Delivery of the Supply at the Delivery Location.

2.4 The Customer acknowledges that any Contact Details provided by the Customer to flowerdose are accurate for the purposes of the Delivery of the Supply. flowerdose will not be liable should any Contact Details provided by the Customer are incorrect.

2.5 The Customer authorises flowerdose to disclose any Contact Details provided by the Customer to any third party for the purpose of Delivery.

2.6 If the Customer or the Recipient is not available at the Delivery Location to accept Delivery, access is not available for Delivery and the Customer or the Recipient cannot be contacted using the Contact Details provided by the Customer, the Customer authorises flowerdose to leave the Supply at a safe place at the Delivery Location. The Customer shall not hold flowerdose liable.

2.7 If the Supply is not delivered due to circumstances indicated in clause 2.6 of this Agreement and there is no safe place to leave the Supply at the Delivery Location as reasonably determined by flowerdose, the Supply will be returned to flowerdose until further arrangement for Delivery is made with the Customer. The Customer acknowledges that additional an Delivery Fee will be payable by the Customer.

Notwithstanding anything contained in this Agreement, risk in relation to the Goods delivered by flowerdose will pass to the Customer immediately upon Delivery to the Recipient.

4.1 The Customer expressly warrants: (a) it is authorised to enter into this Agreement; and (b) it is authorised to allow flowerdose to deliver the Supply to the Delivery Location.

4.2 flowerdose expressly warrants: (a) it is authorised to enter into this Agreement; and (b) it has complied with all relevant Laws at all relevant times.

4.3 Except as expressly provided in this Agreement, no warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition, quality, performance, merchantability, durability or fitness for purpose of the Goods is given or assumed by flowerdose and all such warranties, conditions, undertakings and terms are excluded to the extent permitted by law.

5.1 The Customer will pay the Fee and any Delivery Fee to flowerdose for the Supply according to the Order.

5.2 A non-refundable Deposit is required to be paid on the earlier of 14 days from the date of the Order or immediately if the Delivery Date is within less than 14 days.

5.3 The Customer must pay the balance Fee and any Delivery Fee on the earlier of: (a) 3 days prior to the Delivery Date; or (b) Immediately if the Delivery Date is less than 3 days.

5.4 flowerdose reserves its right to withhold Delivery until the Customer has paid the Fee and any Delivery Fee to flowerdose.

6.1 flowerdose will refund any Fee paid by the Customer within 14 days only in the following circumstances: (a) 10 days prior notice is given by the Customer to cancel the Order; (b) the Customer cancels the Order less than 10 days prior to Delivery and pays flowerdose’s reasonable costs incurred; (c) the Supply cannot be delivered due to restrictions declared by the government (including relating to COVID-19); or (d) if Delivery has taken place, the Fee is no more than $1,000.00 and the Supply is returned to flowerdose on the same day of Delivery.

6.2 Any other refund request by the Customer will be determined at the sole discretion of flowerdose.

7.1 The Customer indemnifies flowerdose from and against any Liability or Claim arising directly or indirectly in relation to: (a) the accuracy of the information and Contact Details provided by the Customer to flowerdose; (b) the Customer’s breach of this Agreement; (c) flowerdose delivering the Supply in accordance with the Customer’s instructions; (d) damage to property of the Customer or Recipient during Delivery; (e) any delay in Delivery of the Supply by flowerdose caused by the Customer, the Customer’s Personnel or Recipient; (f) the Customer purporting to cancel this Agreement; (g) any claim by the Recipient of any alleged or actual breach in respect to disclosure of their Personal Information for the purpose of flowerdose carrying out the Services in accordance with the Customer’s instructions; (h) as otherwise provided in this Agreement.

7.2 flowerdose’s liability to indemnify the Customer for any reason not included in clause 7.1 will be reduced proportionately to the extent that the act or neglect of the Customer, anyone for whom the Customer is responsible or the Recipient, may have contributed to the loss, injury or damage.

7.3 The indemnity in this clause 7 is: (a) a continuing, separate and independent obligation of the Customer from its other obligations and survives the termination of this Agreement; and (b) absolute and unconditional and unaffected by anything that might have the effect of prejudicing, releasing, discharging or affecting in any other way the liability of the Customer.

8.1 flowerdose may collect, process and use your Personal Information in accordance with its Privacy Policy.

8.2 You should read flowerdose’s Privacy Policy prior to providing your Personal Information to flowerdose.

8.3 By accessing and/or using flowerdose’s website or Services, you acknowledge and agree that flowerdose may use your Personal Information in accordance with its Privacy Policy.

9.1 flowerdose may sub-contract any of its obligations to be performed under this Agreement without obtaining the consent of the Customer.

9.2 The rights and obligations of the Parties will not merge on completion of any transaction under this Agreement and they will survive the execution and delivery of any assignment or other document entered into for the purpose of implementing any transaction.

9.3 The Quote, Order and this Agreement contain the entire agreement between the Parties.

9.4 Unless otherwise expressly contemplated by the terms of this Agreement, any modification of this Agreement must be in writing and signed by flowerdose’s authorised representative.

9.5 Nothing in this Agreement is intended to have the effect of contracting out of any applicable provisions of the Competition and Consumer Act 2010 (Cth) or any Fair Trading Act except to the extent permitted by such acts.

9.6 flowerdose reserves the right to change the terms and conditions contained in this Agreement without notice, at its discretion.

9.7 If any provision or part of a provision of this Agreement is invalid or unenforceable in any jurisdiction: (a) the provision must be read down for the purposes of the operation of that provision in that jurisdiction, if possible, so as to be valid and enforceable; or (b) if the provision cannot be read down it must be severed if it is capable of being severed, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

9.8 flowerdose will keep confidential all information disclosed by the Customer to flowerdose, including any Contact Details except as may be reasonably required to perform its obligation under this Agreement.

9.9 This Agreement must be governed and construed in accordance with the laws applicable in Victoria. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria.

10.1 The following words have these meanings unless the contrary intention appears: Agreement means this agreement including the terms and conditions set out and Invoice to which it relates. Claim means any actual, contingent or future claim, demand, action or proceeding for any Liability, compensation, account, relief or any other remedy, whether direct or indirect, and whether in contract, tort or otherwise. Contact Details means contact details of the Customer or Recipient for the purposes of Delivery of the Supply. Customer means the Party to this Agreement who has placed an Order or received a Quote. Delivery means delivery of the Supply to the Recipient at the Delivery Location. Delivery Date means the date the Supply is required to be delivered to the Recipient. Delivery Fee means any charges including GST payable by the Customer for Delivery of the Supply. Delivery Location means the address to which the Supply is to be delivered by flowerdose to the Recipient. Deposit means 30% of the amount specified in the Quote or Order or other amount as specified. flowerdose means flowerdose Pty Ltd (ACN 645 402 533) of 501 Burke Road, Camberwell VIC 3124 and includes its Personnel, associates, related entities and agents (as applicable). Fee means the any charges including GST payable to flowerdose by the Customer for each Supply of Goods and Services by flowerdose to the Recipient. Goods means the goods supplied by flowerdose in connection to the Services including but not limited to flowers, plants, vases, pots, planters, ceramics, fragrances, alcohols, chocolates, greeting cards, candles, fruit hampers, skincare products, baby care products, knitted goods, giftware and related products. GST has the meaning given in the GST Act. GST Act means A New Tax System (Goods Tax) Act 1999 (Cth) and any related or similar legislation. Invoice means the invoice provided by flowerdose for the Fee and any Delivery Fee. Law(s) means any applicable statute, act, regulation, rule, subordinate legislation, by-law, judgment, common law or equity as amended, consolidated, supplemented or replaced. Liability means any loss, liability, cost, damages or debt (including but not limited to reasonable legal fees). Order means any order placed by the Customer by way of telephone, through the internet or on walk-in basis for flowerdose for Supply subject to the terms and conditions of this Agreement and payment of the Fee. Quote means any quotation for Supply by flowerdose to the Customer. Parties refers to flowerdose and the Customer and Party refers to flowerdose or the Customer. Personal Information is defined in the Privacy Act 1988 as “any information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion”. Such information may include your name, phone, address, email and other information you choose to provide or required for the purposes of you dealing with flowerdose, or as a potential client, client, supplier, job applicant, stakeholder, contractor or in some other capacity. Personnel means any employee, contractor, agent, partner, director or officer of a Party. Recipient means the recipient of the Supply nominated by the Customer. Services means the services specified in the Order, which may include flower delivery, subscription services, event and wedding flowers, corporate gifting and floral services, bereavement services and other related services. Supply means the supply of the Goods and Services by flowerdose according to the Order and pursuant to this Agreement.

10.2 In this Agreement, unless the contrary intention appears: (a) reference to terms defined in the Invoice have a corresponding meaning in this Agreement; (b) the singular includes the plural and vice versa; (c) the terms and conditions outlined in this Agreement apply to the exclusion of all other conditions proposed by the Customer unless otherwise expressly agreed by flowerdose in writing.