Blooms Classics Pty Ltd -- Terms and Conditions

 

1. USE

This Website is owned by and the content is published by Blooms Classics Pty Ltd. Please read the following Terms and Conditions carefully before using this Website. By browsing and using our Website you are agreeing to comply with and be bound by the following Terms and Conditions of use.

 

If you do not agree to these Terms and Conditions please do not access this Website.

(a) The information and settings provided in this Website are correct at the time of publishing. We take no responsibility for the accuracy of the information and graphics. Some information is obtained from our suppliers and third parties. We take every possible precaution to deliver accurate information, but

cannot be held responsible for minor variances that may occur in such information. In the event that any errors or omissions on the Website are brought to our attention, we shall endeavour to rectify those errors or omissions as soon as possible. However we will not be responsible for any consequential loss suffered by any users of the Website as a result of our errors or omissions.

(b) The content of the pages of this Website is for your general information and use only. We reserve the right to amend or update our Website without providing notice to you.

(c) This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions.

(d) Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.

(e) From time to time this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

(f) You may not create a link to this Website from another website or document without our prior written consent.

 

2. COPYRIGHT

This Website and its content is copyright of Blooms Classics Pty Ltd. ©. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

(a) You may print or download to a local hard disk extracts for your personal and non-commercial use only.

(b) You may copy the content to individual third parties for their personal use, but only if you acknowledge the Website as the source of the material.

(c) If you require copies of any images on our Website for any other use than for your personal use, you must first obtain our consent in writing as some images are subject to a licence.

 

3. SYSTEM INTEGRITY

(a) You must not, by the use of any device, software, action or instruction, interfere or attempt to interfere with the proper working of the Website or any online auction being conducted on the Website.

(b) You are solely responsible for your transmissions through the Website.

(c) You must be open and honest in all your communications through the Website.

(d) You must not use the Website for illegal purposes.

(e) You must comply with all laws, regulations, policies and procedures in relation to your use of the Website.

(f) We reserve the right to determine whether or not you are in default of the Terms and Conditions and may, in our sole discretion, immediately terminate your Account and use of the Website then we believe that you are in default of the Terms and Conditions.

(g) We agree to always act reasonably when exercising our right to terminate your Account in relation to the Website.

 

4. ORDERS 

(a) Submission of a purchase order by You shall constitute deemed acceptance of these Terms and Conditions.

(b) We will only accept written orders by email and or through our online shop.

(c) Upon placing of your order, you will receive an email confirming receipt of your order. This confirmation does not constitute acceptance of your order until your payment has been received. All payment will be in Australian dollars. ( AUD$ )

(d) You undertake to immediately notify us if any proposed changed in your name, details or delivery address.

 

5. PRICES AND DELIVERY 

(a) All prices and availability are subject to change without notice.

(b) You will be advised a delivery date on receipt of your order. We will use all reasonable resources to comply with that date, although from time to time these dates may alter for various reasons and we will endeavour to keep you advised of these changes. ( Domestic Delivery : Approximately 3 - 7 business days, International Delivery : Approximately 5 - 15 business days, All depending on the destination ) Blooms will not be held responsible for any unforeseen situations that will affect the delivery schedule

(c) Time for payment of the goods shall be at the time the order is placed and confirmed.

(d) We accept payment by PayPal and EWAY ( including MasterCard, VISA, American Express ) two of the most popular and secure payment platforms for processing your payment

(e) We use Australia Express Post for all standard deliveries in Australia.

(f) Orders are processed and despatched daily ( Business Hours : Monday - Friday, 8.30am - 5.30pm AEST ) except for orders received during weekend and public holidays. The later orders will be processed on the next business day.

   Domestic Orders

   (i) which have a value under AUD $ 250.00 we charge a flat rate for shipping costs AUD$15.00 ( including handling fee )

   (ii) if the value is AUD $250.00 and above will be delivered free of charge by Australia Express Post delivery to any Australian locations.

   International Orders

   (i)  we charge a Flat Rate of AUD$ 50.00 for International except New Zealand ( excluding taxes, duties and GST )

   (ii) we charge a Flate Rate of AUD$ 40.00 for New Zealand Only ( excluding taxes, duties and GST )

   (iii) To ensure a safe delivery, we require a signature as proof of delivery ( Domestic & International )

(g ) If no one is available to receive the goods, Australian Post will leave a calling card with details

       on how and where to collect the goods.

(h) Blooms aims to offer the most competitive, cost effective rates for our customers.

(i) Please note we are unable to deliver to post office boxes.

 

6. CLAIM, RETURN OF GOODS, LIMITATION OF LIABILITY AND RISK

(a) Customer must read & understand the " Returns and Exchanges Policy " for more details

(b) Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure for compensation for any other reasonable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

(c) The warranty described herein shall be the sole exclusive warranty granted by Blooms Classics Pty Ltd and shall be the sole and exclusive remedy available to you in addition to other rights and remedies you may have under law in relation to the goods to which this warranty relates.

(d) All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

(e) Correction of defects in a manner and for the Warranty Period described herein, shall constitute complete fulfilment of all liabilities and responsibilities of Blooms Classics Pty Ltd to you with respect to the goods and shall constitute full satisfaction of all claims whether based on contract, negligence and strict liability otherwise. In no event shall Blooms Classics Pty Ltd, be liable or in any way responsible for any damages or defects in the goods which were caused by repairs or attempted repairs performed by any one other than Blooms Classics Pty Limited or any other service provider.

(f) Blooms Classics Pty Ltd shall not be liable or in any way responsible for any incidental or consequential economic or property damage, except where Blooms Classics Pty Ltd is in breach of guarantees provided to you and in accordance with Schedule Two of the Competition and Consumer Act 2010 ( Cth), or applicable legislation from time to time.

(g) Warranty coverage does not apply (e.g. refunds or exchanges ) when:

    (i) the goods have been subject to fair wear and tear;

    (ii) unauthorised modifications or repair of the goods;

    (iii) the good are damaged as a result of failing to comply with the manufacturer’s care and storage intructions, including but not limited to insect damage; and

    (iv) the goods are second hand, in that you are not the original purchaser of the goods.

    (v) when items are deliberately, intentionally or unintentionally damaged or destroyed

(h) Blooms Classics Pty Ltd will not accept returned goods for credit without prior authorisation.

(i) All goods must be returned in the original condition and packaging with proof of purchase ( order invoice and excahnges and returns form must be completed and attached ) Costs incurred for returning the goods will be at your expense except when it is manufacturer's fault for Domestic Customers Only. As for International Customers will have to pay for all the delivery costs ( including new or returns orders )

 

Goods Will Need To Be Returned To :

Company      :  Blooms Classics Pty Ltd

                          Blooms Design T/A

Attention To :  Online Department

Address        :  89 Railway Parade,

                          Marrickville, Sydney

                          NSW 2204, Australia

Email              : inquiry@bloomsdesign.com.au

(j) The Warranty Period is for full priced items only except faulty goods ( returns must be in conditions listed under " Returns & Exchanges Policy "  within 10 days from date of delivery )

 

7. YOUR INFORMATION 

(a) “Your Information” includes any information you provide us at any time, including when you register to

       use the Website.

(b) You are solely responsible for Your Information and we may assume that Your Information is being   

       validly used and is correct.

(c) We may deal with Your Information as outlined in our Privacy Policy.

(d) You must ensure that Your Information:

     (i) is true, accurate and complete;

     (ii) is not false or misleading;

     (iii) does not infringe any other person’s rights or privacy;

     (iv) is not contrary to any applicable law or industry code of practice;

     (v) is not defamatory, threatening or harassing;

     (vi) is not obscene or pornographic; or

     (vii) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer

            programming instructions that may damage, detrimentally interfere with, surreptitiously intercept or

            expropriate any system, data or personal information.

(e) You must not do or allow to be done anything involving the Website which:

     (i) may be contrary to any applicable law or industry code of practice, or

     (ii) is prohibited by the Terms and Conditions.

 

8. OUR RIGHTS

(a) We may refuse you the right to use the Website if you:

     (i) give information which is untrue, inaccurate or incomplete; or

     (ii) have engaged in any form of bid manipulation.

(b) If we believe that you have engaged in any form of misleading and deceptive conduct you will be

      permanently suspended from the Website and any associated accounts and Websites.

(c) We may suspend, cancel or terminate your access to the Website if you breach or fail to observe the Terms and Conditions or for any other reason at our discretion.

(d) We reserve the right to object and delete any comments that you may post on our Website, any stories

      or images that you may post on our Website at our discretion without providing a reason.

 

9. LIABILITY AND INDEMNITIES

9.1 To the extent permitted by law:

(a) We are not responsible for any loss, liability or damage incurred by you as a result of a purchase not

      received, processed or accepted due to technical difficulties whatsoever.

(b) We provide the Website and the Website without any express or implied warranty or condition

      concerning the Website’s capacity.

(c) We are not liable for any lost profits or any special, incidental or consequential damages (however

      arising, including negligence) arising out of or in connection with the delivery of the Website or the sale

       of any good.

(d) We do not guarantee continuous, uninterrupted or secure access to the Website.

(e) You acknowledge that the internet can be an unstable and, sometimes, insecure environment and that

      the Website may at times not be available.

(f) We cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of the

     Website.

(g) We cannot guarantee the preservation of any record, particularly after the provision of the Website to you

      has been suspended, cancelled or terminated and may delete information at our sole discretion and

      without notice to any person.

 

10. INDEMNITIES 

(a) You waive, release, discharge and relinquish any and all claims that you now have or may have

      against us, our directors, officers, employees, agents and representatives which are connected

      with, arise out of, relate to or are incidental to the use of the Website.

(b) You agree to indemnify and defend us, our affiliates, subsidiaries, parents, shareholders, directors,

      officers, employees, agents and representatives (“the Indemnified Parties”) harmless from and

      against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the    

      Indemnified Parties arising out of or in connection with the performance of their obligations as

      described in the Terms and Conditions including the legal costs, fees and expenses of defending

      ourselves against any claim by any or all of the parties to any transaction and/or by any other person

      and/or as a result of your negligent act or omission on a full indemnity basis.

(c) You further agree to indemnify and hold us, and the Indemnified Parties harmless from any claim or

      demand, including legal fees on a full indemnity basis, made by any third party due to or arising out of

      a breach of the Terms and Conditions by you, or the infringement by you, or other user of the Website

      using your user name and password, of any intellectual property or other right of any person or entity.

 

11. PRIVACY 

(a) Our Online Store Privacy Policy (as it appears from time to time) is available on the Website.

(b) We will take all reasonable steps to abide by this policy and all users of the Website agree to with the

      policy when using this Website.

(c) If you do not agree to the collection of this information and the other information specified in the Privacy

      Policy, then you may not use the Website.

(d) By registering with the Website and accepting the Terms and Conditions, you also consent to:

     (i) the collection of a variety of personal information which is specified in greater detail in the Privacy

      Policy, including your address, gender, date of birth, contact details; credit card or bank account details and your use of our Website generally;

     (ii) the use of your personal information for certain purposes specified in greater detail in the Privacy

      Policy, including internal use for improving the Website, meeting our obligations under State and

      Federal laws, statistical analysis of usage of our Website to improve the Website, to utilise our content

      and product offerings and deliver promotional material to you and administrative purposes connected

      with the Website.

(e) We may disclose your information in the circumstances specified in the Privacy Policy.

 

12. GST AND TAXES

(a) The price you see on www.bloomsdesign.com.au is the price you will pay at the check out

(b) Blooms is not responsible for incorrect pricing on external websites

(c) The Australian GST tax rate applies to all local domestic orders delivered within Australia

(d) International Orders are exempt from Austrlia GST (10 %) however they may incur taxes and duties applied by customs in the country where the order is placed and to be delivered

(e) Any duties and taxes incurred in the country are the responsibility of the customer

(f) if you require further information about your country's taxes and duties or regulations you will need to contact your local customs office directly

(g) We are not covering any custom taxes and duties for domestic and international orders at all time

(h) To comply with Australian export regulations,we are required to declare the exact value of all items ordered and to mark them a 'dutiable merchandise '

(i) We are also prohibited by law from marking the order as a 'gift' even if order is placed with the intention of sending to a gift recipient     

 

13. COMPLAINTS, CONCERNS & SUGGESTIONS 

If you have any complaints or concerns about the Website you have received, please contact Blooms Classics Pty Ltd to address the issue. We also value your feedback and suggestions, please email inquiry@bloomsdesign.com.au.

 

14. GENERAL 

If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, natural disasters or other event beyond the reasonable control of the other party.


These Terms and Conditions are current as of 21 February 2014