Terms and conditions
Terms of Agreement for online trading between Judy Chirnside Flowers Pty Ltd (Judy Chirnside Flowers) and the user of this website ("You/Your"). Your use of this Website and purchase of the Products is subject to these legally binding terms and conditions. Please read them carefully before proceeding with entering the Website. You must accept these terms and conditions to access this Website any further.
1.PLACING AN ORDER AND PAYMENT
1.1 By completing a Purchase Order, You are making an offer to purchase the Product at the price set out in the Website, subject to any subsequent notification of price by Judy Chirnside Flowers to You in accordance with clause 1.5.
1.2 Payment must be made at the time of submitting the Purchase Order. Payment can be made by credit card only. Judy Chirnside Flowers accepts Visa and Mastercard. You warrant that You are an authorised user of the credit card used to complete payment in accordance with this clause 1.2.
1.3 All Purchase Orders placed through this Website are subject to confirmation and acceptance by Judy Chirnside Flowers. We will email you with confirmation of the receipt of Your Purchase Order, and then Acceptance by Judy Chirnside Flowers will be upon Your receipt of the email confirming despatch of the Product in accordance with clause 3.4 and 3.5. Judy Chirnside Flowers may reject Your Purchase Order, and refund any payment made by You, at any time prior to Your receipt of this acceptance by Judy Chirnside Flowers.
1.4 The Purchase Order must be paid in full immediately upon entry into the Agreement. All transactions are settled in Australian Dollars (AUD). If you are ordering from outside Australia, and your bank account or credit card is held in a different currency, you can still order by credit card - your currency will automatically be converted to Australian Dollars when you complete the transaction. The conversion rate varies from day to day with the current exchange rate. Many banks also charge a small currency conversion fee. Contact your bank or credit provider for details.
1.5 Judy Chirnside Flowers may vary prices in the event of price changes or mistakes on reasonable prior notice to You. If Judy Chirnside Flowers requests payment for increased prices, You may cancel the order by giving notice to Judy Chirnside Flowers, which must be received within seven days of the announcement of the increase.
1.6 The secure credit card payment system is powered by Deway Payment Systems. This Website is protected by SSL (Secure Socket Layer) encryption. SSL is a security device which ensures that any data which you enter into a secure area of the site is encrypted during transmission over the Internet. SSL utilises data encryption to create a secure environment for you to conduct your online transactions. In order for SSL to be effective, you must be using an SSL compliant browser (e.g. Netscape Navigator 3.0 or Internet Explorer Microsoft 3.0 and above). In Netscape you can determine whether encryption is active by looking at the little key in the lower left-hand corner of the Netscape window. A solid key indicates that the document is encrypted, while a broken key indicates that the document is not encrypted. In Microsoft Internet Explorer, a solid padlock will appear on the bottom right of the screen when encryption is in use.
1.7 This Website uses cookies to allow the web server to recognise you as a unique user when you visit. These cookies are necessary for the proper functioning of certain data access features on the site, such as the online shopping component. Cookies allow programs running on the web server to keep track of your order data and any options you have specified. The use of cookies is restricted to allowing the web server to recognise you as the same visitor to the Website each time you interact with the data-driven features of the Website. Though cookies uniquely identify you to the web server, they do not personally identify you, therefore it is not possible for us to determine your name or email address from the cookies we place on your computer.
1.8 Expiry of cookies - the cookies that are placed on your computer when you visit the Website are known as session cookies. These session cookies originate from our web server, and cannot be accessed by any web server other than ours. Session cookies are temporary cookies which are necessary for the proper functioning of the Website. They automatically expire approximately 20 minutes after you have ceased viewing pages on our Website, and therefore cannot be used to recognise you on subsequent visits to the Website.
1.9 Judy Chirnside Flowers does not store or keep credit card numbers from online transactions. The last four numbers and the expiry date of your credit card number are kept for order verification and identification purposes only. While every endeavour is made to ensure every shopping experience with us is a good one, in the event a credit card is used without the holder's authorisation, the card holder must notify their credit card provider in accordance with their reporting rules and procedures.
1.10 Judy Chirnside Flowers reserves the right to limit the quantities of product sold as it sees fit. It is a condition of this Agreement that you do not resell the Products to a third party.
1.11 The Website is owned and operated by Judy Chirnside Flowers Pty Ltd. This Agreement supersedes all prior agreements and may be revised by Judy Chirnside Flowers from time to time.
1.12 This Agreement must be read in conjunction with the Returns Policy and Privacy Statement. These documents form a part of this Agreement.
2.YOUR USE OF THE WEBSITE
2.1 You agree that You will use the Website in accordance with these terms and conditions and that You will not use the Website for any unlawful purpose.
2.2 You will not violate or attempt to violate the security of the Website. You will not hack into the Website, Judy Chirnside Flowers's computer systems or the computer systems of other users of the Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
3.DELIVERY
3.1 Judy Chirnside Flowers delivers to Geelong, Bellarine Peninsula, Surf Coast, Melbourne and regional Victoria. Interstate orders can be delivered by a Judy Chirnside Flowers affiliate supplier.
3.2 Orders placed within Australia or goods shipped to an Australian residence are subject to the Australian GST. Orders placed outside Australia may be subject to the relevant taxes and duties applicable to the jurisdiction from which the order was placed.
3.3 Judy Chirnside Flowers generally uses courier services to deliver Products.
3.4 Judy Chirnside Flowers’s freight charges are calculated using our automatic freight calculator.
3.5 Judy Chirnside Flowers will use reasonable endeavours to arrange despatch of the Product within Your requested delivery time outlined when submitting the Purchase Order.
3.6 Expected delivery times are:
3.6.1 by 5pm Monday to Saturday on the same working day for orders placed by 11 am and next working day for orders placed after 11am. Judy Chirnside Flowers may be able to offer same day delivery for orders placed after 11 am weekdays or after 10 am Saturdays, particularly if the destination is close to our retail store. Please note; additional charges may apply subject to the time of day your order is placed and/or the distance of the delivery request.
3.6.2 for interstate deliveries, within 2 working days.
3.7 The expected delivery times set out in clause 3.6 are estimates only. Judy Chirnside Flowers will not be liable to You for any loss or damage You suffer if the Product is not delivered within the timeframes set out in clause 3.6.
3.8 Risk and title in the Product will pass to recipient of Product, or any other person in attendance at the delivery address upon delivery of the Product.
3.9 If there is no one at the delivery address to receive the Product, the Product will be left in a safe, weather protected spot at the delivery address specified.
3.10 Judy Chirnside Flowers accepts responsibility for any loss of, damage to, late delivery or non-delivery of goods ordered from our web site. To the maximum extent permitted by law, you agree to release our delivery service providers from any liability relating to loss of, damage to, late delivery or non-delivery of any goods you order from this web site and to assign all rights to claim compensation or insurance against our delivery service provider to us and expressly and irrevocably do so by agreeing to the terms and conditions.
4.RETURNS POLICY
Returns by You for change of mind
4.1 If You wish to return faulty or damaged Product, Judy Chirnside Flowers will gladly repair, exchange or refund the original price in accordance with the following process:
a.You must notify Judy Chirnside Flowers within 3 days of receiving the Product of the issue and provide photo’s to support the request.
b.You must notify Judy Chirnside Flowers by email enquiries@judychirnsideflowers.com.au, or please call Judy Chirnside Flowers on a Business Day between 8.30AM and 5.30PM (Australian Eastern Standard Time) on +61 3 5229 5501.
c.You must provide a "proof of purchase" being either an invoice, bank statement, email confirmation from Judy Chirnside Flowers, or delivery note.
d.Judy Chirnside Flowers will pay for the shipping costs on returns of faulty or damaged Product.
e.Judy Chirnside Flowers will then refund the Price to You in full.
f.Refunds can only be credited back to the credit card that was used to make the original purchase. The refund will be processed as soon as the items have been received by Judy Chirnside Flowers, however, please allow 14 days from the day You return the Product for Your account to be credited.
g.Repairs will be performed at Judy Chirnside Flowers's expense and returned to You in accordance with the delivery process set out in the terms and conditions. Judy Chirnside Flowers will bear the cost of returning the Product to You.
5.YOUR ACCEPTANCE OF THESE TERMS AND CHANGES TO THE TERMS
5.1 You will be asked to accept this Agreement during the purchase process by ticking "I have read and accept the Terms and Privacy information". By ticking "I have read and accept the Terms and Privacy information" you agree to the terms and conditions of this Agreement.
5.2 From time to time, this Agreement will be reviewed and may be revised. Judy Chirnside Flowers reserves the right to change this Agreement at any time. Any such changes will be posted on the Website. If You have commenced any transaction prior to a change to this Agreement, transaction will be effected in accordance with the terms in place at the time of the acceptance of Your offer by Judy Chirnside Flowers.
6.WEBSITE AVAILABILITY
6.1 From time to time down-time, either scheduled or unscheduled, may occur. Judy Chirnside Flowers will work within reason to ensure this amount of down-time is limited.
6.2 Judy Chirnside Flowers will not be held liable for the consequences of any down-time.
7.INTELLECTUAL PROPERTY
7.1 Reproduction of part or all of the contents in any form of the Website is prohibited other than for individual use only and may not be recopied and shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.
7.2 Unless otherwise noted, all materials on this Website are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by Judy Chirnside Flowers.
7.3 Judy Chirnside Flowers's trade marks on this site represent some of the trade marks currently owned or controlled in Australia. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held by Judy Chirnside Flowers.
7.4 All rights not expressly granted are reserved.
7.5 This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under Judy Chirnside Flowers's direct control and Judy Chirnside Flowers accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to this Website). You acknowledge that Judy Chirnside Flowers is entitled to require you to remove any link from another website to this Website which you install without obtaining Judy Chirnside Flowers's prior written consent.
8.FORCE MAJEURE
8.1 Judy Chirnside Flowers will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond Judy Chirnside Flowers's reasonable control.
9.TERMINATION
9.1 Judy Chirnside Flowers reserves the right to terminate this Agreement at any time.
9.2 Judy Chirnside Flowers shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.
9.3 If the Product has not been delivered to You or the Product Recipient prior to any termination of this Agreement by Judy Chirnside Flowers, Judy Chirnside Flowers will refund to You any payment You have made prior to the termination.
10.MISCELLANEOUS
10.1 The application of the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna Sales Convention 1980) is excluded.
10.2 This Agreement is not subject to any terms or conditions proposed by You unless those terms or conditions are expressly accepted by Judy Chirnside Flowers in writing.
10.3 Failure of either party to enforce any right it has under these Terms will not be construed as a waiver of those rights, nor limitation upon the party's ability to subsequently exercise those rights.
10.4 The Agreement will be made on Judy Chirnside Flowers's acceptance of Your offer and will be, and is, governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia in any dispute or any matter in any way related to, or connected with, this agreement or any transaction contemplated by this agreement.
10.5 Each party agrees not to object to the venue or to claim that the courts exercising jurisdiction in the state of Victoria, Australia are an inconvenient forum for any dispute or any matter in any way related to, or connected with, this Agreement or any transaction contemplated by this Agreement.
10.6 If any provision of the Agreement is held to be void, invalid or unenforceable, then the provision is severed to the minimum extent required, and the remaining provisions of the Agreement will remain in full force and effect.
10.7 Judy Chirnside Flowers may be notified by email at enquiries@judychirnsideflowers.com.au, fax on +61 3 5229 5501 or post to 134 Pakington Street, Geelong West, Victoria, Australia 3128.
11.DEFINITIONS
"Agreement" means the terms and conditions that apply to the use of the Website which may be amended from time to time.
"Judy Chirnside Flowers" means Judy Chirnside Flowers Pty Ltd.
"Products" means the product that is specified on the Purchase Order as the product You wish to purchase pursuant to the Agreement.
"Purchase Order" means the online purchase order form to be completed by You in relation to Your purchase of the Product.
"Website" means internet website with the URL www.judychirnsideflowers.com.au and associated websites.
"You" means the user of the Website (and "Your" has the corresponding meaning).
“Product Recipient” means the individual or business receiving the Product as per specified delivery address and details specified in your purchase of the Product.