TERMS & CONDITIONS​

Minimum Order Value

Complimentary delivery for all floral tribute orders over $200. All orders under this value will incur a delivery charge which will be calculated at time of ordering and will vary on delivery location.

 

Returns and Returns Policy

Roses Florall handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
If there is a concern regarding your Roses Florall flowers, you are required to contact us within 24 hours of the receipt of flowers for Roses Florall to review your request. Photos of the complaint must be documented and sent to Roses Florall for review.
The photographic image colour of the flowers depicted on this website may be different to actual flowers due to seasonal differences and/or screen display resolution. Please note due to the seasonal nature of some flowers, when not available they will be substituted with the closest in-season flower.

 

Terms and Conditions

This page tells you the terms and conditions on which we will supply to you the products listed on our website www.rosesflorall.com.au  Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products or you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

 

  1. INFORMATION ABOUT US

1.1 We operate the website www.rosesflorall.com.au We are Roses Florall a company registered in the Australia. Our company registration number is ABN 35 004 553 726 and our operating addresses is 565 Dandenong- Hastings Road, Victoria, Skye 3977

  1. SERVICE AVAILABILITY

2.1 Our site is only intended for use by people residing in Australia. We do not accept orders from individuals outside the country.

  1. YOUR STATUS

By placing an order through our site, you warrant that:

3.1 you are legally capable of entering into binding contracts; and

3.2 you are at least 18 years old;

3.3 you are resident of Australia; and

3.4 you are accessing our site from that country.

  1. PRODUCT ORDERS

4.1 After placing an order on website, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. If we cannot accept your order for whatever reason we will inform you of this in writing as soon as practicable and you will not be charged for the Product or any charge applied will be credited back to your account.

5 CONSUMER RIGHTS

5.1 Exemption Pursuant to regulation 28(1)(c) of the Consumer Contracts (Information, deactivation and Additional Charges) Regulations 2013, contracts for the supply of goods are exempt from the right to withdrawal if those goods are liable to deteriorate or expire rapidly. For the avoidance of doubt, fresh flowers are exempt from the right to withdraw.

 

  1. AVAILABILITY AND DELIVERY

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

  1. RISK AND TITLE

7.1 The Products will be at your responsibility from the time we deliver the Product to the address you gave us on the order form.

7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

  1. PRICE AND PAYMENT

8.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.

8.2 Product prices include GST.

8.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a order Confirmation.

8.4 Payment for all Products and Services must be by credit or debit card. We accept payment with Visa and Mastercard AMEX and PayPal.

  1. WARRANTY

We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which Products of that kind are commonly supplied.

  1. OUR LIABILITY

10.1 Subject to clause 12.2, if we fail to comply with these terms and conditions we shall only be liable to you for the purchase price of the Products.

10.2 Nothing in this agreement excludes or limits our liability for:

10.2.1 Death or personal injury caused by our negligence;

10.2.2 Fraud or fraudulent misrepresentation;

10.2.3 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;

10.2.4 Defective products under the Consumer Protection Act 1987; or the Consumer Rights Act 2015. In instances where a conflict arises between these terms and conditions and the Consumer Rights Act 2015, these terms and conditions prevail

10.2.5 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

  1. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

  1. NOTICES

All notices given by you to us must be given to Roses Florall at hello@rosesflorall.com.au. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

  1. INTELLECTUAL PROPERTY RIGHTS

13.1 We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.

13.2 You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.

13.3 If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorize us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to. Roses Florall has no liability for any comments posted by you on any website, blog or any social media.

  1. EVENTS OUTSIDE OUR CONTROL

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (without limitation) the following:

14.2.1 Strikes, lock-outs or other industrial action;

14.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

14.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

14.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

14.2.5 Impossibility of the use of public or private telecommunications networks; and

14.2.6 The acts, decrees, legislation, regulations or restrictions of any government.

15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

  1. WAIVER

16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

16.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

16.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.

  1. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

  1. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

18.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

  1. LAW AND JURISDICTION

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Australian law.