TERMS & CONDITION

Terms, conditions & information that is required by law. And we believe helpful

These terms and conditions apply to all of our sale of goods. Any order placed with Plant Gifts Sydney Australia Limited ABN 72 072 083 146 (“we”, “our”, “us” or “Love Our Work”) constitutes your (“you” or “your”) agreement to be bound by these terms. Any additional or amended terms you stipulate in any communication with us (including any order) are hereby objected to and will not bind us unless we agree in writing.

No sales representative or agent is authorised by us to give any guarantee, warranty or representation in addition to, or contrary to these conditions. In any event, receipt of goods by you (or another as you direct) upon delivery constitutes your agreement to be bound by these terms. By accessing, browsing or using this website, you agree to all terms, conditions, and disclaimers. Plant Gifts Sydney may amend these terms and conditions from time to time. Any amendment is effective immediately.

1. Compliance
1.1. You agree to be bound by and comply with, these terms and conditions. In addition to these trading terms, there are terms and conditions that apply to the use of product reviews on the Site.
1.2. You agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site.
1.3. You agree not to use any data listed on the site for commercial purposes e.g. through price or information scraping.

2. Your Account
2.1. If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You must be 18 years or older to purchase Products through the Site. Plant Gifts Sydney reserves the right to refuse service, terminate accounts and/or remove or edit content if Love Our Work, acting reasonably, deems that the customer is acting in breach of these terms and conditions or is using the Site in a fraudulent or improper manner. Love Our Work also reserves the right to otherwise cancel orders in accordance with clause 11.1.

3. Placing an order for Products
3.1. You may purchase Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
3.2. Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges, fees, and taxes) at the time you place the order, on the terms and conditions set out in these Plant Gifts Sydney Online Terms and Conditions or, where relevant, the Plant Gifts Sydney Contract or Account Agreement.
3.3. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
3.4. You agree to provide us with current, complete and accurate details in response to requests by us, to you, for information.

4. Product
4.1. Subject to the availability of flowers, we will endeavor to supply products that match the images and descriptions provided on the website.
You acknowledge that minor variations between the images and descriptions provided on the website and the goods as delivered may occur.
4.2. You acknowledge that some flowers are seasonal, some flowers may be of different value outside of Sydney metro, and some flowers may not be available for delivery in certain areas. Our skilled florists will substitute any unavailable flowers for those of a similar appearance and value, and you agree not to hold us responsible for any such variations. Where sundry items are selected (such as chocolates, balloons, soft toys), and are not available, a substitution of equal or greater value will be made by us, and you will not hold us responsible for any such variations.

5. Acceptance or rejection of an order
5.1. In certain circumstances, we may need to reject your order, including but not limited to where the requested Product is not available or if there is an error in the price or the product description posted on the Site.
5.2. Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will:
5.3. supply the Products in that order to you in accordance with these terms and conditions and, where relevant, the Plant Gifts Sydney Online Lay-by Agreement; and
5.4. send you an email confirmation of that order – though with the nature of the internet we cannot guarantee receipt. Please add the Plant Gifts Sydney email address in your contact address book to ensure emails are not sent to SPAM or blocked by your firewall.
5.5. If we reject an order placed through the Site, we will endeavor to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
5.6. In the interests of all our customers, we may refuse to supply if multiple orders are placed for large quantities of the same product for the same billing or shipping address.

6. Goods and Service Tax (GST)
6.1. All prices quoted, unless otherwise stated, are inclusive of GST
6.2. All prices, unless otherwise stated, are quoted in Australian dollars (AUD)
6.3. Product prices do not include delivery fees
6.4. In the event a customer is entitled to a refund, the refund will be made to the original credit card

7. Payment methods
7.1. You may pay for products and delivery for an accepted order with any of the following payment methods:
7.1.1. Visa;
7.1.2. MasterCard;
7.1.3. Debit cards displaying a Visa or Mastercard logo
7.1.4. Gift Certificates and Gift Cards issued by Love Our Work
7.2. If we are unable to successfully process your nominated payment method (being the applicable debit card, credit card, or Gift Certificate) for your order that is accepted by us, then we may cancel your order.
7.3. If you choose to pay by credit card, you authorize us to debit the amount that is payable from your nominated credit card for an accepted order.
7.4. You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
7.5. We will provide you with a receipt at the time of delivery which specifies the total fees and charges for the Products in the order.

8. Specific warnings
8.1. Flowers and foliage are not for human or animal consumption.
You must advise us when placing the order for flowers if the Recipient has any allergies to particular types of flowers. If you do not do so then we will not be able to take any allergies into account when supplying the products.
8.2. We do not accept responsibility for:
8.2.1. any use of this website which is illegal or prohibited by laws which apply to you;
8.2.2. any interference or damage to your own computer which arises in connection with your use of this website;
8.2.3. losses you may sustain due to unauthorised access to or alteration of your transmissions or data or of information contained on your computer or on this website; or
8.2.4. malfunctions to computers, hardware or software, or for other errors, failures, or delays in computer transmissions or network connections or for lost, late, mutilated, illegible, incomplete or misdirected information.

9. Customer obligations

9.1. Customer Contact Details
9.1.1. Customers must supply Plant Gifts Sydney with a valid contact email and up two phone numbers (e.g. a landline and/or a mobile.)
9.1.2. Plant Gifts Sydney accepts no liability arising out of failure to contact a customer, where the contact details were not supplied, were invalid or incorrect.
9.2. Delivery Address
9.2.1. It is the obligation of the customer to ensure the recipient’s delivery address is correct.
9.2.2. Failure to provide the correct delivery details may result in incorrectly delivered goods, undelivered goods and additional redirect fees.
9.2.3. Plant Gifts Sydney accepts no liability for incorrectly delivered or undelivered goods, where the customer made no reasonable attempt to correct the address within a reasonable period of time and/or Plant Gifts Sydney acted reasonably when delivering the goods.
9.3. Recipient Details and Personalised Messages
9.3.1. The customer must ensure recipient details, such as their name and address are correct and also spelt correctly. Plant Gifts Sydney accepts no responsibility for any incorrect information, when such information results from a reliance on information provided by the customer.
9.3.2. In regards to internet orders, customers should ensure that their personalised message is written to their satisfaction. Plant Gifts Sydney accepts no responsibility for incorrect spelling, grammar or formatting.
9.4. Alterations and amendments to orders
9.4.1. We are unable to provide any alterations or amendments (including cancellations) for orders that are in the process of being prepared, already prepared and/or in transit.
9.4.2. If Plant Gifts Sydney agrees to accept the alteration or amendment request, the Customer must pay for any additional fees and charges incurred.
9.4.3. No cash or credit refunds will be made for alterations or amendments that result in a value less than the original order cost.
9.4.4. Plant Gifts Sydney reserves the right to refuse alterations and amendments.
9.4.5. Alterations and amendments (excluding cancellations) must be requested before 4.30pm (Australian Eastern Standard Time) the day before the set delivery date.
9.4.6. For International orders, alterations and amendments must be requested min. 48 hours before the set delivery date.

10. Cancellations and charges
10.1. Under our cancellation policy, we will refund 100% of the purchase price paid if you cancel an order by calling Love Our Work on 1300 882 363 at least 24 hours prior to the Delivery Date.
10.2. Subject to clause 10.3, changes to an order may be made by calling Customer Service to request the change prior to 1.00pm (AEST) one day before the Delivery Date.
10.3. We reserve the right to not accept changes to orders for delivery on special calendar events, including but not limited to Christmas, Valentine’s Day or Mother’s Day.
10.4. We may, at our sole discretion, reject an order for goods, if, for example, we are unable to arrange delivery to your delivery address. In that case we will notify you as soon as possible and will refund any amounts paid by you in respect of those goods.

11. Cancelling an order
11.1. We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
11.1.1. the products in that order are not available; or
11.1.2. there is an error in the price or the product description posted on the Site for the Product in that order; or
11.1.3. your order has been placed in breach of these terms and conditions.
11.2. If we cancel any part of an order in accordance with:
11.2.1. Clause 11.1.1. or 11.1.2. (where product is unavailable or there is a pricing or product description error): we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
11.2.2. If any payment has been taken, then the full payment amount, including the delivery fee and any other fees and charges, will be refunded to your original payment method or through an alternative means.
11.2.3. Clause 11.1.3. (where you are in breach of these terms and conditions): we will provide you with reasonable notice of that cancellation. Provided we are not also in breach of these terms and conditions, a cancellation fee of the lesser of $25 or the value of the payments made will apply.
11.3. You may cancel an order (whether it is accepted by us or not) by contacting Love Our Work 1300 882 363 during Contact Hours at any time prior to the dispatch of that order. On cancelling the order, we will refund you your payment to your original payment method or through an alternative means. If we cannot stop the shipment of the order at the time of cancellation, then you will be required to instruct your addressee to refuse delivery or arrange to have the goods returned in order to receive a refund in accordance with the Plant Gifts Sydney Returns Policy.

12. Fees and charges
12.1. We will charge you, and you agree to pay the purchase price of each Product that is ordered, the delivery fee for your order that we notify to you when you place your order (“Delivery Fee”) and any other fees and charges set out in these terms and conditions.
12.2. All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.
12.3. The purchase price of each Product is shown on the product list on the Site at the time you place your order. The purchase price of a Product on the Site may not be the same or correspond to the prices in any of our stores for the same Product and we are not obliged to match any prices.
12.4. Just like in our stores, prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions (in particular, our right to cancel an order if there is an error in the price or the product description posted on the Site for the Product in that order), once we have accepted your order, we will not change any prices that apply to the Products in that order.
12.5. If you cancel an order then we will refund any amounts paid by you for that cancelled order in accordance with our Return Policy

13. Complaint policies
13.1. Any dissatisfaction with the product(s) must be communicated to Customer Service within twenty-four (24) hours of delivery. Call 1300 882 363.
13.2. Plant Gifts Sydney reserves the right to request photos of the original product(s). To assist us in quality control it is our policy, if requested by us, to collect the original products.

14. Discounts
14.1. Discounts apply to the product value and may exclude the delivery charge.
14.2. Discounts may not be combined with any other offers, discounts or gift certificates.
14.3. Discounts may not be redeemed for cash or transferred.
14.4. Customers entitled to a discount must quote, enter or apply the valid discount code prior to order payment and finalisation.
14.5. Discounts will not be applied to an order after payment has been taken.
14.6. These terms and conditions apply in conjunction with any terms and conditions, written on or associated with, ‘the discount’.

15. Gift certificates
15.1. The certificate is redeemable by the bearer for all Plant Gifts Sydney merchandise to the value stated on the front of the certificate (excluding other Gift Certificates)
15.2. The certificate may not be used after the expiry date as stated on the certificate and is not exchangeable, refundable, replaceable or redeemable for cash, payment of accounts or other gift certificates or discounts
15.3. A minimum purchase value of $25.00 is applicable for all gift certificates
15.4. The certificate is valid for deliveries made within the specified Plant Gifts Sydney delivery network only
15.5. The certificate cannot be used in conjunction with any other promotion, discount or certificate offer. Only one discount will apply per order and it will be the larger discount of the two
15.6. Limit of one certificate per order applies
15.7. Gift certificate may only be redeemed on the Plant Gifts Sydney website, or, where agreed, over the phone on 1300 882 363
15.8. Partial deductions in the value of a gift certificate are allowed and a record of the remaining value will be kept by Plant Gifts Sydney . There are no re-issues of the deducted gift certificate value.
15.9. Love Our Work will not redeem a certificate if our records indicate that it has already been redeemed or has not been issued
15.10. The value of this certificate can only be applied to orders over $25.00 and cannot be applied after your transaction has already been processed and completed. If forgotten, the certificate must be saved and used towards your next purchase
15.11. Any inconsistencies and issues arising from differences between the terms and conditions listed here and presented on the gift certificate/certificate is at the discretion of Love Our Work to resolve.
15.12. For orders placed outside Plant Gifts Sydney websites, certificate discount will be applied once the order has been processed by Love Our Work.

16. Delivery
16.1. Delivery Fee Quote
16.1.1. Prior to checkout, Plant Gifts Sydney agrees to quote and/or display the delivery fee.
16.2. Delivery Times
16.2.1. Delivery can take place (on the specified date) anytime between 9am to 4.30pm Monday to Friday, and between 9am and 2pm on Saturday. The delivery can be made anytime, up to or before these times.
16.3. Saturday Deliveries
16.3.1. Depending on the location, Saturday deliveries are available and additional delivery charges may apply. Saturday delivieries are performed between 9am to 2pm.
16.4. Sunday and Public Holiday Deliveries
16.4.1. Deliveries on Sundays and public holidays are not available, except when stated otherwise. Orders place don Sunday’s or public holidays will be delivered on the next business day.
16.5. Special Events Deliveries
16.5.1. Plant Gifts Sydney may set different terms and conditions in relation to special events. These include, but are not limited to, Valentine’s Day, Mother’s Day and Christmas.
16.5.2. Terms and Conditions in relation to special events will be updated on our website from time to time and will be effective immediately.
16.6. Deliveries in Transit
16.6.1. Plant Gifts Sydney does not provide a track and trace service or an estimated time of arrival once products are in transit for delivery.
16.6.2. Proof of Delivery (POD) are available if requested a day after the set delivery date. We reserve the right to charge an $30 fee if there are complications with obtaining the POD with our courier partner.

16.7. Deliveries – Unforseen Circumstances
16.7.1. Plant Gifts Sydney products are dispatched with an reputable third party courier.
16.7.2. Plant Gifts Sydney accepts no responsibility for delays associated with the third party courier actions.
16.7.3. Whilst every care is taken to ensure accurate and safe delivery, we cannot guarantee unforeseen circumstances, such as damage or delay that results in the goods not arriving at a certain time or place. Plant Gifts Sydney will work with the customer to assist in resolving any issues that may be a result of a third party failure.
16.7.4. In order to avoid any disappointment, please place your order early to provide us with the best opportunity to deliver your gift by your preferred delivery date. For further information please feel free to contact Plant Gifts Sydney on 0401 432 202  or email us at hello@plantgiftssydney.com

16.8. Address Types
16.8.1. Plant Gifts Sydney can only deliver to an correct address.
16.8.2. If we have difficulty with the address provided by you in your order, we will attempt to contact you for further instruction. If we are unable to contact after two or more attempts throughout the designated day of delivery, or continue to have difficulty with the delivery on speaking with you, our policy is to cancel the order without refund.
16.8.3. For residential addresses, if a courier deems a delivery location unsafe, the order will be returned to dispatch and redelivery fees will apply.
16.8.4. For business, school and hospital addresses, Plant Gifts Sydney accepts no responsibility for delivered items that are redirected to the mailroom, front desk, nurses’ station or reception.

17. Return of goods
17.1. The Goods come with guarantees under the Australian Consumer Law. Nothing in these terms and conditions excludes, restricts or modifies:
17.1.1. The application of any provision of the Australian Consumer Law to the sale of the Goods; or
17.1.2. The exercise by you of a right conferred by such a provision; or
17.1.3. Any liability of a person for failure by Plant Gifts Sydney to comply with a guarantee that applies under the Australian Consumer Law to the sale of the Goods.
17.2. Subject to the above, all conditions and warranties, whether or not implied by law, are excluded from any contract for the sale of the Goods. Details of any manufacturer’s warranty are included with the Goods.
17.3. Except where the Australian Consumer Law permits you to reject the Goods, Plant Gifts Sydney will not accept the return of the Goods for credit or any other purpose unless Plant Gifts Sydney agrees to accept the return of the Goods and advises a Return Advice Number prior to the return of Goods, in which case the remaining provisions of this Condition 17.2 and Conditions 17.3 and 17.4 will apply. Due to the perishable nature of our Goods and the need for assessment in an timely manner, Return of the Goods will only be accepted for credit within two (2) days of delivery, unless due to our error. Returned freight will be at our cost only when the error is on our part.
17.4. No returned Goods will be accepted by us (even if we agree to do so) if they have been tampered with by you or any other person and are not as new, if they are Goods sold on a non-return basis, or if they are not accompanied by the Return Advice Number referred to in Condition. Where goods are returned to us as above, they will be returned to you at your expense.
17.5. Receipt by us or by any of our agents or representatives of any Goods returned other than in accordance with Condition 17.2 or to which Condition 17.3 applies will not constitute nor be deemed to constitute our acceptance of the return of the Goods for credit or any other purpose.

18. Fraud
18.1. Any party engaged in illegal activities involving the use of Plant Gifts Sydney website and mobile sites will be subject to civil and criminal sanctions and prosecution.

18.2. Plant Gifts Sydney does not guarantee that it will be able to prevent any illegal or inappropriate use of its websites, nor that it will give notice of any illegal or inappropriate use of its websites.
18.3. It is illegal to place orders under a false name, with a fraudulently obtained credit card or without the consent of the cardholder. Persons found to have placed a fraudulent order will be prosecuted.

19. Termination
19.1. We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
19.1.1. the breach cannot be remedied; or
19.1.2. you fail to remedy the breach within 10 days of our notice to you of that breach; or
19.1.3. if there is an emergency.
19.2. We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.

20. Governing law
20.1. The use of this website and these conditions is governed by and construed in accordance with the laws of Australia.
20.2. Any legal action arising out of its use shall be brought and enforced under the applicable Australian law.
20.3. By using this site, you agree to submit to the jurisdiction of the courts of Australia and any legal action pursued by you shall be within the exclusive jurisdiction of the courts of Australia.

21. Third party sites
21.1. Websites operated by Plant Gifts Sydney may provide links to related third party sites. Plant Gifts Sydney is not responsible for the privacy practices or the content of such websites and does not warrant the security of any information supplied to third party sites.

22. Trademarks, copyrights and restrictions

22.1. All material on websites owned, operated, licensed or controlled by Plant Gifts Sydney , including but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Love Our Work its related companies or by other parties that have licensed their material to Plant Gifts Sydney .
22.2. Material on any website owned, operated, licensed or controlled by Plant Gifts Sydney is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Plant Gifts Sydney.
22.3. Use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of Plant Gifts Sydney copyrights, trademarks and proprietary rights and is prohibited.

23. Force Majeure
23.1. Plant Gifts Sydney is not liable for failure to perform obligations, including but not limited to, the fulfilment of an order or a delivery, if such failure occurs as a result of acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster) war, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power, terrorist activities, government sanction, blockage, embargo, labour dispute, strike, theft, lockout or interruption or failure of electricity or telephone service or any other event or phenomenon beyond Plant Gifts Sydney control.

24. Variation to rates & charges and general statement.
24.1. Plant Gifts Sydney reserves the right to amend or change the terms and conditions, including this term, without notice and without incurring any liability in relation to such changes including:
24.1.1. Rates & charges are subject to review and notification will be given prior to agreement if rates and charges have changed; and
24.1.2. This information is true as of the date on the agreement.

25. Definitions
25.1. Capitalised terms used are defined in these terms and conditions. In these terms:
25.1.1. Contact Hours means. 8.30am to 4.30pm Monday to Friday (Sydney time)
25.1.2. GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
25.1.3. Product means each good or service that is advertised on the Site.
25.1.4. Site means Plant Gifts Sydney shopping site at https:www.plantgiftssydney.com