Terms & Conditions

1. TERMS AND CONDITIONS

This website is owned and operated by Avril’s Floral Design ABN 85529630935
Avril’s Floral Design trades under Avril’s Floral Design.
1.1 By accessing, browsing or using this website, you agree to all terms, conditions and disclaimers.
Avril’s Floral Design may amend these terms and conditions from time to time. Any amendment is effective immediately.

2. DELIVERY

Delivery Fee Quote Guarantee
Prior to checkout, Avril’s Floral Design agrees to quote and/or display the delivery fee.
2.1 Delivery Times
The delivery time selected by the customer is the latest the delivery can be made. The delivery can be made anytime, up to or before, the selected delivery time.
2.2 Saturday Deliveries
Depending on the location, Saturday deliveries are available and additional delivery charges may apply. Customers will be informed prior to checkout if a Saturday delivery is possible.
2.3 Sunday and Public Holiday Deliveries
Deliveries on Sundays and public holidays are not available, except when stated otherwise.
2.4 Special Events Deliveries
Avril’s Floral Design sets different terms and conditions in relation to special events. These include, but are not limited to, Valentine’s Day, Mother’s Day and Christmas.
Terms and Conditions in relation to special events will be updated on our website from time to time and will be effective immediately.
2.5 Deliveries in Transit
Avril’s Floral Design does not provide a track and trace service or an estimated time of arrival once products are in transit for delivery.
Proof of Delivery (POD) times are available, if requested.

3. DELIVERIES FOR VALENTINE’S DAY – Wednesday 14th February 2018.

All deliveries to a residential address are guaranteed to arrive by 7pm on 13/02/2018 and 14/02/2018.
All deliveries to a business address are guaranteed to arrive by 5pm on 13/02/2018 and 14/02/2018.
We do not offer or guarantee any other requests for preferred times of delivery.
Delivery of orders to rural addresses, secured buildings or cemeteries cannot be guaranteed.
Orders for delivery to rural areas that cannot be delivered same day will be delivered the following business day.
It is the responsibility of the customer to ensure they check their invoice and confirm the name and address details of the recipient are complete and correct. It is the responsibility of the customer to ensure that the recipient will be in attendance at the address at the time of delivery. As of 5pm (time in local delivery area), 13/02/2018, we are unable to vary any orders that are due for delivery on, 14/02/2018.
All attachments to Valentine’s Day products are limited to ensure that the product fits inside the presentation box and arrives to the recipient safely. This includes, but is not limited to, chocolates, vases and soft toys.
No cancellations are to be made to orders placed for delivery on 13/02/2018 and 14/02/2018 or a 50% administration charge will be charged based on the total cost of the order. Please make sure all order details are correct at time of ordering.
A surcharge of $5 will be charged for orders placed for delivery on 14/02/2018.
Only products shown in the official Valentine’s Day range are available to order for delivery on Wednesday 14/02/2018.
By agreeing to “Leave at front door” this gives us permission to leave your entire purchased gift at the recipient’s front door or in the requested area.

4. DELIVERIES FOR MOTHER’S DAY, SUNDAY 13 MAY 2018

At Avril’s Floral Design, We guarantee same day delivery by 6pm for all orders to suburban destinations placed before 12pm on Friday 11 May and 12pm on Saturday 12 May – based on the local time in the recipient’s time zone.
Orders that are for delivery on Mother’s Day, Sunday 13 May, must be placed before 5pm on Saturday 13 May and the delivery is guaranteed to arrive by 5pm on Sunday 14 May.
We do not offer or guarantee any requests for preferred times of delivery on Friday 11 May, Saturday 12 May and Sunday 13 May. In areas where our couriers are unable to deliver on Sundays, but are able to deliver Monday-Saturday – orders will be delivered on Saturday to ensure your Mum receives flowers for Mother’s Day.
Delivery of orders to rural route addresses, secured buildings or cemeteries cannot be guaranteed. Avril’s Floral Design will make every attempt to contact the sender to arrange an alternative delivery date if this is the case.
Standard delivery on Sunday 13 May is $18.00.
As flowers are a natural product and subject to seasonal and practical availability, it may be necessary for our florists to make substitutions to flowers, packaging and merchandise in order to deliver orders on time or where flowers or products are temporarily unavailable.
In the case where a specific flower type or colour is unavailable within the given time frame of delivery, substitutions will be made for flowers of a similar shape, size and value.  Different flower types and colours may be used to ensure delivery on the correct date.
We only use the freshest and best quality product at AVRIL’S FLORAL DESIGN. As such, some stems, including Lilies and alstromeria, may be closed when received.

5. CHANGES/CANCELLATIONS

Please make sure all order details are correct at time of ordering. We are unable to vary any orders within 48 hours of their delivery.
Due to high demand, some colours and varieties of flowers may need to be substituted to meet delivery times

6. CUSTOMER OBLIGATIONS

6.1 Contact Details
Customers must supply Avril’s Floral Design with a valid phone number and contact email.
Avril’s Floral Design accepts no liability arising out of failure to contact a customer, where the contact details were not supplied, were invalid or incorrect.
6.2 Delivery Address
It is the obligation of the customer to ensure the recipient’s delivery address is correct.
Failure to provide the correct delivery details may result in incorrectly delivered goods, undelivered goods and additional redirect or redelivery fees.
Avril’s Floral Design 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 Avril’s Floral Design acted reasonably when delivering the goods.
Once delivered in accordance with your instructions, the product becomes the responsibility of the customer.
6.3 Recipient Details and Personalised Messages
The customer must ensure recipient details, such as their name and address are correct and also spelt correctly. Avril’s Floral Design accepts no responsibility for any incorrect information, when such information results from a reliance on information provided by the customer.
In regards to internet orders, customers should ensure that their personalised message is written to their satisfaction. Avril’s Floral Design accepts no responsibility for incorrect spelling, grammar or formatting.

7. ALTERATIONS AND AMENDMENTS TO ORDERS

We are unable to provide any alterations or amendments (including cancellations) for orders that have already been prepared and/or in transit.
Avril’s Floral Design reserves the right to refuse alterations and amendments.
7.1 Cancellation of Orders
Cancellation requests received at min.12 hours prior to the scheduled delivery date for deliveries within Australia, will incur an administration fee of 50% of the order. Customers may opt for the gift voucher to the full value of the order if they wish to avoid cancellation fees. Please contact our Customer Service on 0470622739 to discuss your options.
Cancellations received after the applicable period stated above, are void.
If the cancellation is authorised the difference will be refunded, within 3 – 5 working days, or at the discretion of the customer’s bank/financial institution.
Avril’s Floral Design is unable to cancel orders that are already prepared and/or are with a courier for delivery.

8. COMPLAINT POLICIES

Avril’s Floral Design Three Day Complaint Policy
Any dissatisfaction with the product(s) must be communicated to Customer Service within three (3) days of delivery. Australia Callers: 0470 622 739
Avril’s Floral Design 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.

9. SUBSTITUTION AND SEASONAL AVAILABILITY DISCLAIMER

Avril’s Floral Design endeavours to fulfil orders in compliance with product descriptions, however orders may be subject to seasonal and product availability.
Avril’s Floral Design reserves the right to substitute products and items when necessary. Utmost care is taken to ensure the final product is as similar in quality to the requested item. Substitutions and alterations to the style of a product will be of similar quality and value.

10. PHOTOGRAPHY AND PRODUCTS

For photographic purposes containers such as dishes, glasses or other props may be used for display purposes and are not included with the final product. The itemised product description available on the product page outlines the contents of final products.
Avril’s Floral Design reserves the right to use all photographs received for this product at their absolute discretion for 12 months, royalty free.
This is a G-rated service, therefore we reserve the right to not send your product if we receive any explicit photographs that Avril’s Floral Design deems inappropriate. Your order will be cancelled and no refund will be issued.
No editing will be made to the photograph provided, it will be scaled accordingly and printed in proportion to the size product you have purchased.
Avril’s Floral Design will watermark the order reference code for your order in the bottom right hand corner of the photo.
The photo will be printed on an Inkjet printer with Quality Kodak Premium Photo Paper in 240gsm. The photo will then be presented in the selected frame or envelope size and delivered with a floral arrangement.

11. PRICING AND TRANSACTIONS

All prices quoted, unless otherwise stated, are inclusive of GST.
All prices, unless otherwise stated, are quoted in Australian dollars (AUD).
Product prices do not include delivery fees.
In the event a customer is entitled to a refund, the refund will be made to the original credit card or Paypal account. For Paypal transactions the refund will be made to the Paypal account.
We accept payment by Visa, Mastercard, American Express and Diners Club credit cards.
When providing your credit or debit card details you are agreeing that you are authorised to use that card and it must have sufficient available funds to cover your charges.
A surcharge of 3% is applied for payments made with Diners Club credit cards.

12. DISCOUNTS

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

13. GIFT VOUCHERS

The voucher is redeemable by the bearer for Avril’s Floral Design, merchandise to the value stated on the front of the voucher.
The voucher 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 vouchers or discounts.
A minimum purchase value of $49.95 as stated on the gift voucher is applicable. The minimum purchase value is exclusive of delivery fees.
The voucher is valid for deliveries made within the specified Avril’s Floral Design Australia delivery network only.
The voucher 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.
Limit of one voucher per order applies.
Avril’s Floral Design is not responsible or liable for vouchers that are lost or stolen.
Gift voucher may only be redeemed on the Avril’s Floral Design, 0470 622 739.
Avril’s Floral Design will not redeem a voucher if our records indicate that it has already been redeemed or has not been issued.
The value of this certificate can only be applied to orders over $49.95 and cannot be applied after your transaction has already been processed and completed. If forgotten, the voucher must be saved and used towards your next purchase.
Any inconsistencies and issues arising from differences between the terms and conditions listed here and presented on the gift certificate/voucher is at the discretion of Avril’s Floral Design to resolve.
Gift voucher orders placed outside of business hours will be posted on the next business day.
For orders placed on Avril’s Floral Design websites, voucher discount will be applied once the order has been processed by the consultant.

14. SECURITY AND PRIVACY

Collection and Use of Information-
Avril’s Floral Design collects personal data for the purpose of fulfilling orders for products or services, or for the purpose of competitions and prize-giving, or for any other such purpose which requires the collection of personal data in order for Avril’s Floral Design to fulfil an obligation.
Personal data includes, but is not limited to: the full name of the customer and/or recipient or competition entrant, payment details, e-mail address, recipient address and contact (mobile) phone numbers.
Avril’s Floral Design does not keep records of customer credit card details.
For customer security, your IP address has been logged and will be recorded with your purchase details.

15. DISCLOSURE OF INFORMATION

Avril’s Floral Design may disclose personal data necessary to third party service providers for the purpose of fulfilling customer orders and any other obligations, such as prize-giving or sponsorships.
Avril’s Floral Design will not disclose personal information to third parties for marketing purposes without prior authorisation.
Under no circumstances will Avril’s Floral Design sell or receive payments or services for disclosing customer’s personal information to any partner or external company.

16. SENDER ANONYMITY AND DISCLOSURE

Customers have the right to remain anonymous except in circumstances where personal information is required to complete an electronic transaction.
Avril’s Floral Design will not disclose sender/customer information to a recipient unless requested or approved to do so by the sender/customer.

17. INFORMATION STORAGE

Avril’s Floral Design websites utilise cookies to store information of browsing history and to enable browsing features. We do not store any personal or financial information about customer-used cookies.

18. PROMOTIONAL MATERIAL

Customers can elect to receive promotional material by joining as a Member and opting to receive plain text or HTML emails.
In compliance with Australian law, all marketing material sent to the subscriber will include an option for the subscriber to request removal from mailing or contact lists for any future marketing.

19. FRAUD

Any party engaged in illegal activities involving the use of Avril’s Floral Design websites will be subject to civil and criminal sanctions and prosecution.
Avril’s Floral Design 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.
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.

20. GOVERNING LAW

The use of this website and these conditions is governed by and construed in accordance with the laws of Australia.
Any legal action arising out of its use shall be brought and enforced under the applicable Australian law.
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

Websites operated by Avril’s Floral Design may provide links to related third party sites. Avril’s Floral Design 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

All material on websites owned, operated, licensed or controlled by Avril’s Floral Design, 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 Avril’s Floral Design its related companies or by other parties that have licensed their material to Avril’s Floral Design.
Material on any website owned, operated, licensed or controlled by Avril’s Floral Design 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 Avril’s Floral Design.
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 Avril’s Floral Design copyrights, trademarks and proprietary rights and is prohibited.

23. FORCE MAJEURE

Avril’s Floral Design 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 Avril’s Floral Design’s control.

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