TERMS & CONDITIONS
Terms and conditions (‘Terms’) of Box of Luxe Australia and its employees (‘the Business’ or ‘we’).
By accessing, browsing or placing an order on the website (the Site), you acknowledge you have read, understood and agree to be bound by these Terms and Conditions (the “Terms”).
Unless expressly stated to the contrary, the Business owns or licences all copyright material on the Site, including but not limited to photographs, texts and videos. No information or material on the Site is permitted to be modified or replicated without the Business’s express approval.
USE AND RESPONSIBILITY
You must use the Site in a responsible manner. You must not use the Site for the following –
- use the Site for any act which may infringe on a third party’s rights, breach any law or regulation in any relevant jurisdiction, or be contrary to or in breach of any relevant standard or code;
- communicating, transmitting, downloading or uploading material that may infringe on any rights including but not limited to intellectually property rights is prohibited;
- the Site may not be modified, copied or disseminated without the express consent of the Business;
- you may not knowingly or recklessly transmit any virus or feature that may interfere with the functionality of the Site;
- you may not facilitate, induce or collude with any other person to carry out acts that are contrary to the Terms of this Site;
- the Business reserves the right to revise, alter or amend the Terms of this Site, products and services offered by this Site or any other content or information disseminated on this Site without notice to you
The Business makes every effort to keep the information and material on the Site up-to-date. While the Business shall use reasonable endeavours to ensure that any information on this Site is accurate and up to date, the Business does not make any guarantees as to the accuracy or timeliness of the information, products, materials or content found on this site. You acknowledge that any information or material contained on this site may include inaccuracies or errors. The Business expressly excludes any liability, which may arise from any defects, inaccuracies or errors of the Site.
The Business makes no representation or warranty that the material on the Site is free from viruses or defects. If a file is available for download on the Site we recommend the receiver carries out appropriate virus checks.
You assume all responsibility for your proper and responsible use of the Site including any use of third party websites that may be contained within the Site. If from time to time the Site contains links or information regarding third party websites or products you acknowledge that the Business makes no representations, warranties or endorsements of those Sites. Any use of third party websites is expressly and wholly excluded from any liability which may arise from the use of those websites.
The Business warrants that all reasonable endeavours are used to ensure the transmission of private and confidential information provided by you is protected. You acknowledge that these reasonable endeavours cannot guarantee the protection of your private and confidential information. The Business is expressly and wholly excluded from any liability which may arise if your private and confidential information is not transmitted securely and said information is used contrary to any relevant privacy laws or regulations. You guarantee that you will notify the Business immediately if you believe or know that private or confidential information has been insecurely transmitted or used in such a way that is in breach of any relevant privacy laws or regulations. The Business will notify you immediately if it is aware or becomes aware that private or confidential information has been breached.
The Business warrants that it will undertake all reasonable endeavours to ensure the products are as close as possible to those displayed in the photographs, including the boxes being full with roses and the presentation being aesthetically pleasing. However, due to the limitations of desktop scanners and the relative inconsistencies of various display monitors, the colours of the products you see on the Site may differ slightly from the physical product when viewed in person. The Business endeavours to display photographs that represent the real life colour of our products. However, when placing an order you acknowledge that photographs are intended as a guide only and should not be regarded as absolutely correct. The Business endeavours to ensure photographs of our products are an accurate representation of the product you receive. However, when placing an order you acknowledge that flower sizes may vary both from box to box and from flower to flower.
The Business at our absolute discretion reserves its right to reject or accept any order. If your order is rejected, we will refund or cancel any payments received in full via the Paypal gateway.
Paypal provides that any payment made by you will be able to be accessed within six (6) hours of the order being placed. This time frame is a guideline only, and does not purport to be or amount to be a rule or regulation. Accordingly, time frames may vary from order to order. If you require advice regarding if your payment has been received please contact us.
No other forms of payment are currently being accepted by us.
Please note that Refund is not applicable on those orders that used Afterpay service.
We deliver to the Brisbane metropolitan area. Delivery is free unless otherwise specified. Please be advised if you are not within a 40km radius of the Brisbane CBD there may be a fee associated with delivery. Please contact us for further information on this. The Business reserves the right to change delivery fees at any time.
We offer delivery to the Gold Coast and Sunshine Coast. There will be a fee associated with delivery to these places. Please contact us for further information on this.
Delivery days are from Monday to Sunday from 10:00 am – 8:00 pm (including public holidays). The Business reserves the right to apply a surcharge on public holidays. We will advise you prior to the finalisation of your order if a surcharge applies.
The Business endeavours to process and deliver your order in the following time frames –
- Fresh flowers: within 48 hours from when order is placed.
- Silk flowers: two (2) weeks from when order is placed.
- Preserved flowers: 28 days from when order is placed.
Our courier will require your signature on delivery. This signature will confirm that you have received and accepted the delivery.
You may provide details to the Business regarding where you wish your order to be left if you are not at home. The place you select for the order to be left should be cool and shady.
If you are not at home when the delivery is made, and you have not provided details of your preferred drop off point for your order, our courier will leave the order in a cool, shady place for your collection.
While all endeavours are made to leave the order in a secure and suitable position, the Business takes no responsibility or liability for the product after delivery. Once the order is delivered to your selected address, the order becomes your responsibility – regardless of the order has been signed for or not.
Please note our flowers are sensitive to the elements. Accordingly, we recommend that your order is collected and stored inside in a suitable place as soon as possible after delivery has been made.
CANCELLATION AND REFUND POLICY
If you wish to amend your order after it has been placed, please contact us. We will endeavour to make last minute changes for you, where possible. We cannot guarantee that changes will be able to be made, this is contingent on when you contact us. If you wish to make a change to your order, we recommend contacting us as soon as you become aware of this change and no later than four hours after placing the order. Changes to orders are at the absolute discretion of the Business. Accordingly, we strongly recommend that you select your order carefully and ensure that relevant details are completed correctly.
Due to the perishable nature of our fresh flower products, we do not offer an exchange or refund after an order has been placed. If we have provided the wrong colour flower or a product that is substantially different to what you order please contact us for a replacement at no cost.
Due to the perishable nature of our fresh flower products, we only accept complaints regarding quality or colour up to one day following delivery.
For change of mind, silk flower orders can be cancelled and a full refund given within six (6) days after the order has been placed.
For change of mind, preserved flower orders can be cancelled and a full refund given within fourteen (14) days after the order has been placed.
We are not legally compelled to provide a refund if you change your mind. We do not offer change of mind refunds past the above mentioned deadlines. Accordingly, please choose your order carefully.
Whether we are compelled to give you a refund is regulated by relevant legislation. The below mentioned is a summary of where your consumer protection rights may arise. They should be read in conjunction with the relevant legislation. The Business does not offer anything beyond the protections provided by law in your relevant jurisdiction. The Business may offer a refund if –
- the product is not of acceptable quality
- the product is not reasonably fit for its intended purpose
- the Business makes an additional warranty or promise that was not fulfilled
- any other reason as determined at law or by the Business
You will be refunded in the same way that payment was made.