Terms and Conditions

Acceptance of terms

These terms and conditions govern all supply of goods and services ("products") by The Posy Place ("The Posy Place", "we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.theposyplace.com.au ("the website"). They are effective from 2017 and will replace all earlier The Posy Place terms of trade and any conditions contained in any document used by you and purporting to have contractual effect. 

We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website. 

If you are purchasing on behalf of another entity such as a company you warrant you have the authorization to agree to these terms and conditions on behalf of the entity. 

Availability and supply

All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavor to notify the non-availability on our online shop. Delivery only occurs on weekdays between 12 pm - 7 pm and we reserve the right to deliver during these times. When a delivery address recipient is away from home we will leave the goods at the front door at the buyer's risk and take no responsibility for damages or theft. 

Delivery and delivery charges

Prices for goods and services stated on our website include delivery charges. 

We only deliver to Australian street addresses within the current delivery zones. These zones will expand in the future and customers will be notified. Please be advised that an order can be canceled if it is not in a delivery zone as stated on our website. Customers will have 24 hours to advise of a new address. If there is no reply then a credit note will be issued equal to the amount paid or a refund with processing fees. This will be available for use for future purchases. 

We will use all reasonable endeavors to ensure that orders for tangible goods will be dispatched promptly after an order has been placed. 

Pricing

All prices are in Australian Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise. All prices are correct when published. We reserve the right to alter prices at any time. 

An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct. 

Payment options

We accept the following credit cards: Visa, MasterCard, and American Express. We also accept payment from your PayPal account if you have one. 

Credit Card Security

All payments are processed via PayPal's or Stripe's secure payments system to ensure high levels of payment security. Payments made through PayPal are subject to Paypal's User Agreement. Payments made through Stripe are subject to Stripe Checkout User Terms of Service.

Returns

The posies are of the highest quality when delivered, therefore all care and responsibility for them are taken by the consumer. All other goods that have a long shelf life are covered by Australian Consumer law and can be returned. A credit note will be provided within 7 days from sale if it is due to "change of mind" (except flower products), and a full refund will be provided if the "product is faulty or does not perform as it should", within 14 days of sale. Where a customer is at fault (delivery out of the area) then we will offer a refund minus the $9.99 card and processing fee.

Liability Limitation

Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties, and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade. 

We will always endeavor to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website. 

To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorized by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993. 

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors, and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises. 

Applicable law and jurisdiction

Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.

Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of Australia. The Courts of Australia shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services. 

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis). 

You agree to use our website, products, and services in accordance with the applicable laws of the country or countries where your business or organization is based. 

Privacy policy and Confidentiality

Unless you opt out of receiving messages from us we will contact you at our discretion to update you on new products and services. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you. 

Opting out of receiving the above-mentioned messages will not prevent the sending of messages that specifically relate to your order(s). 

We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us. 

You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of that Website may not be available to you. 

We may disclose your personal information as required by law. 

Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control. 

You can request details of your personal information that we hold, and ask us to correct it, at any time. 

General Conditions

We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.theposyplace.com.au. 

If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights. 

If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions. 

Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it. 

We may deliver notices to you by sending them to an email address that you have notified to us.