Terms And Conditions
These Terms and Conditions constitute a legally binding contract between Steele Flowers Pty Ltd ACN 125 083 007 trading as Carina Florist and you (Customer).
Carina Florist operates the website located at www.carinaflorist.com.au (Site). These Terms and Conditions apply to the Gifts ordered and subsequently supplied via the Site and to Customers viewing the Content that appears on the Site.
By viewing the Content, using the Facilities, creating a Customer Account or ordering Gifts, Customers acknowledge and agree that they have had sufficient opportunity to read and understand these Terms and Conditions, and that they agree to be bound by them.
Customers who do not agree to these Terms and Conditions must leave the Site immediately.
Content means text, data, speech, music or other sounds, visual images (animated or otherwise) in any form, or in any combination of forms as defined in Schedule 7 of Broadcasting Services Act 1992 (Cth).
Facilities means any feature that appears on the Site for Customers to use.
Gift means the product ordered by the Customer on the Site.
Customer Account means an account created by a Customer for the purposes of accessing the Sites enhanced Content and Facilities.
Terms and Conditions mean these terms and conditions.
(b) The Customer’s offer is accepted by Carina Florist once Carina Florist receives payment from the Customer and provides the Customer with proof of purchase.
(c) Once Carina Florist has accepted the Customer’s offer, Carina Floirst sells to the Customer and the Customer buys from Carina Florist the Gift.
(d) Prices quoted on the Site apply to the Gift at the time the offer is made by the Customer to purchase the Gift and not at any other time.
(e) Unless otherwise indicated, prices are exclusive of GST and are in Australian currency.
(f) The Customer agrees that their nominated credit card will be charged the purchase price for the selected Gift.
(a) Images contained on the Site are a guide only and may not be exactly the same as the purchased Gift.
(b) Carina Florist may make substitutions to the Gift according to the availability of flowers, containers and other associated products.
(c) Carina Florist only uses fresh flowers, therefore flower buds included in the Gift may be closed at the time of delivery.
4. Areas for delivery
(a) Carina Florist and its couriers only deliver Gifts to Brisbane addresses.
(b) If a Customer is not sure whether Carina Florist will deliver a Gift to the recipient’s address, the Customer should contact Carina Florist on 07 3395 0793 or by email at firstname.lastname@example.org to confirm that delivery can occur.
(c) Carina Florist does not deliver to Locked Bags or Post Office Boxes.
Gifts containing alcohol will not be left at the Gift recipient’s address if there is no one eighteen (18) years or older to accept delivery of the Gift.
(a) Carina Florist guarantees that the Customer’s Gift will be delivered on the requested day, provided the Customer:
(i) has complied with Carina Florist's advertised cut-off times for Gift delivery; and
(ii) the Gift is not to be delivered on a Sunday or public holiday (unless Carina Florist has advertised otherwise).
(b) Gifts ordered after Carina Florist's advertised cut-off times for Gift delivery will be delivered on the next available day excluding Sundays and public holidays.
(c) The Customer is responsible for ensuring that the name and address of the Gift recipient are correct when the Gift order is placed and that someone will be at the Gift recipient’s address to accept delivery of the Gift.
(d) Once the Gift is delivered in accordance with the Customer’s instructions or these Terms and Conditions, the Gift is the responsibility of the recipient.
(e) Carina Florist cannot guarantee:
(i) specific delivery times for Gifts due to the nature of couriers and traffic conditions; and
(ii) deliveries to hospitals (particularly Intensive Care Units) , military bases, ships, jails, secure building or hotels due to locational difficulties and delivery requirements at these locations.
7. Redelivering Gifts
(a) If there is no one at the recipient’s address at the time the Gift is delivered, then Carina Florist will leave the Gift at the recipient’s address and provide the recipient with a note detailing where the Gift has been left. This note will be left at the front door, in the letter box or another location that Carina Florist or its courier determines is suitable.
(b) If Carina Florist is unable to deliver the Gift to the recipient’s address, Carina Florist will leave a note at either the front door, in the letter box or another location that Carina Florist or its courier determines suitable advising of the attempt to deliver the Gift.
(c) Carina Florist or its courier may contact the recipient by telephone to discuss delivery of the Gift, if Carina Florist or its courier is unable to deliver the Gift.
(d) Carina Florist or its courier may offer or arrange for the recipient of the Gift to collect the Gift from Carina Florist's premises if the Gift was unable to be delivered.
(e) If requested, Carina Florist will attempt to redeliver the Gift. Additional delivery charges will be incurred and must be paid to Carina Florist by the person requesting redelivery of the Gift.
(a)Carina Florist does not guarantee the delivery of any Gift if the recipient refuses to accept delivery of the Gift, the address provided is incorrect or the recipient is not at the location and does not respond to the note left by Carina Florist or the courier.
(b) If any of these instances occurs, Carina Florist will consider delivery to be made.
9. Cancellations and variations
(a) Carina Florist will not cancel or vary an order for a Gift once Carina Florist has commenced assembling the Gift for delivery.
(b) If the cancellation or variation request is made before the Gift has been assembled, then Carina Florist may cancel or vary the order in its sole discretion.
10. Use of Customer Account
(a) Customers may be required to establish a Customer Account in order to purchase Gifts.
(b) Customers agree to keep any passwords provided in relation to their Customer Account confidential.
(c) Customers are expressly prohibited from sharing their Customer Account details with third parties.
(d) Carina Florist reserves the right to limit, cancel, suspend or terminate a Customer Account without notice to the Customer and without providing a reason if Carina Florist believes the Customer is breaching any of these Terms and Conditions or are of the opinion that the Customer’s use of the Customer Account may be a breach of a third party’s rights.
(e) Customers agree not to hold Carina Florist liable for claims, demands or damages (including actual and consequential) of any kind for closing a Customer Account.
(a) Unless otherwise indicated, Carina Florist reserves all copyright in the Content and design of the Site. Carina Florist own all such copyright or provide it to Customers under the terms of a limited licence embodied in these Terms and Conditions each time the Customer visits the Site.
(b) Customers may download, print or copy Content provided on the Site for their own use. Customers must not sell, lease, furnish or otherwise permit or cause others to provide access to the Site.
(c) Customers must not use, reproduce, communicate, publish, or distribute any of the Content on the Site, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth) (Act). In particular, the Customer must not reproduce or use any of the information on the Site for commercial benefit.
(d) Other than for the purposes of and subject to the conditions prescribed under the Act as otherwise provided for in these Terms and Conditions, no part of the Content may in any form or by any means (including framing, screen scraping, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without prior written permission.
13. Site access
(a) Carina Florist may without notice suspend access to the Site or disconnect or deny Customers access to any part of the Site during any technical failure or maintenance period.
(b) Carina Florist may also choose in its sole discretion to block or deny any particular Customer’s access to any of the Content or Facilities contained on the Site.
(c) Carina Florist may make improvements and or changes to Site and the Content at any time without notice. Carina Florist does not warrant that the information architecture or navigation will not change now or at any time in future.
14. Disclaimer and limitation of liability
14.1 Disclaimer of warranties
Customers expressly acknowledge and agree that, to the maximum extent permitted by law:
(a) their use of the Site is at their sole risk. The service is provided on an "as is" and "as available" basis. Carina Florist and its officers, employees, agents, expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
(b) Carina Florist makes no warranty that:
(i) the Gifts or the Content on the Site will meet Customers’ requirements;
(ii) the recipient will not be allergic to the Gifts;
(iii) the information provided with the Gifts or contained on the Site is accurate or reliable;
(iv) the Site will be uninterrupted, timely, secure or error-free;
(v) the Gifts will be delivered within the timeframe provided by the Customer;
(vi) the quality the Gifts or the material contained on the Site will meet the Customer’s expectations; and
(vii) any errors or mistakes will be corrected;
(c) any Content obtained through the use of the Site is accessed at the Customer’s own discretion and risk, and the Customer will be solely responsible for any damage to the Customer’s computer or loss of data that results from accessing or downloading the Content; and
(d) no advice or information, whether oral or written, obtained by the Customer from Carina Florist or the Site creates any warranty not expressly stated herein.
14.2 Limitation of liability
(a) Except for certain statutory warranties under consumer protection laws Carina Florist does not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to the Gifts or the Content on the Site.
(b) Subject to any claims available under consumer protection laws, Carina Florist, its officers, employees and agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with:
(i) any inaccurate or incorrect information provided on the Site;
(ii) recipient’s use of the Gift;
(iii) any failure or delay including, but not limited to, the use or inability to use any of the Gifts;
(iv) any interference with or damage to Customers’ computer systems which occurs in connection with use of this Site;
(v) the cost of procurements of substitute Goods and Goods resulting from any Goods or Goods purchased or obtained through the Goods;
(vi) any unauthorised access to or alteration of the Customer Account information;
(c) For claims that cannot be excluded or restricted under consumer protection laws, the liability of Carina Florist for such a claim will (at Carina Florist's option and to the extent permitted by law) be limited to:
(i) in the case of Gifts:
repairing or replacing the Gifts; or
paying the cost of having those Gifts repaired or replaced; and
(ii) if the breach relates to services:
resupplying those or equivalent
- services; or
- paying the cost of having those services resupplied.
If Customers have a concern with the Gifts once they are received then they should contact Carina Florist on 07 3395 0793 or by email at email@example.com.
16. Miscilaneous Provisions
No representation or warranty is made that the Content on the Site complies with the laws of any country outside of Australia. If Customers access the Site from outside Australia, the Customer does so at their own risk.
Carina Florist may be the owner of several common law (or where indicated) , registered trade marks which appear on the Site. Unauthorised use of these trade marks will infringe Carina Florist's intellectual property rights. If the Customer has infringed Carina Florist's rights in this regard Carina Florist reserves its right to take action against the Customer.
Carina Florist may change the Terms and Conditions at its discretion. The version of the Terms and Conditions that applies to Customers will be available on the Site each time a Customer visits the Site.
These Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified amount to the entire agreement with the Customers. Any contact with Carina Florist, or its employees, officers, agents or authorised representatives that includes any statements representations, warranties (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by those contained in these Terms and Conditions.
Carina Florist is not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond Carina Florist's reasonable control.
By using the Site, the Customers indemnify Carina Florist and their employees, officers, agents or authorised representatives against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that Carina Florist may incur or suffer as a direct or indirect result of:
(a) a breach of these Terms and Conditions;
(b) an actual or alleged breach by the Customer of any law, legislation, regulation, by-law or code of conduct caused by data uploaded or downloaded from the Site;
(c) any claims brought by or on behalf of any third party relating to any act or omission by the Customer, including breach of a third parties copyright or trade mark.
If any part of these Terms and Conditions are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the document and the severed part will not affect the validity and enforceability of the remaining terms and conditions.
If Carina Florist does not act in relation to a particular breach by Customers of these Terms and Conditions, this will not be treated as a waiver of Carina Florist right to act with respect to subsequent or similar breaches.
Headings are for convenience only and do not form part or affect the interpretation of the Terms and Conditions.