Terms and Conditions

BLOOMINGALES (ABN 93934028604) 45a Broughton Street Kirribilli NSW 2017 Australia ( “BLOOMINGALES”) accepts orders only on the terms that these Terms and Conditions of Sale shall be deemed to be incorporated in any contract arising therefrom.

 

Please read the Terms & Conditions of Sale carefully as they refer to the agreement by which we will supply products and services to you.

At all times BLOOMINGALES aims to describe the products on the BLOOMINGALES Website (bloomingales.com.au) as accurately as possible. On some occasions there may be inaccuracies or errors on the website which we will correct when necessary and at our own discretion.

Most products sold on this Website are organic, or crafted products, and there may be small variations between the image of the product on the Website and the product you receive, especially flowers due to seasonal availability. You should be aware that colours and size may slightly differ. To the extent applicable by Australian Consumer Law, we do not warrant that the products description, colours, size or other information available or displayed on the Website are completely accurate or reliable.

The products and services for sale on the BLOOMINGALES Website may be offered as part of a promotion, which is available for a restricted time and in limited quantity. 

The products sold on our Website are intended solely for customers for their personal use. By purchasing the products sold on our Website you agree not to resell them commercially.

You may place an order with us over the telephone, or by completing and submitting an online order on the BLOOMINGALES Website. 

The offer of products on the BLOOMINGALES website is not a binding offer but an invitation to purchase the products. After submitting an order you will receive a confirmation email. We may accept or reject an order depending on several factors, such as our current stock products or our ability to authenticate the payment for the order.

Occasionally our suppliers may be out of stock, fail to deliver the products or the products delivered may not be of sufficient quality. In these exceptional circumstances, we reserve our right to cancel the order or remove the products from the Website.

Your order becomes effective upon your confirmed “check-out” on the website. 

We endeavour to ensure that all products advertised for sale by us are in stock. 

Prices

The price payable for the products is the one set out on this Website or advised by us over the phone at the time you place your order.

Prices visible on the Website are subject to change from time to time. Please check the latest price on the Website, or confirm over the phone to one of our soul members. 

All prices quoted over the phone, or on this Website, include GST (where applicable). This price excludes dispatch and delivery costs. The delivery costs may be indicated on the products page of the Website, or given by quote in response to the order request and are determined by the volume, size, weight and type of the products and delivery method you choose. Please see our Dispatch and Delivery Policy for further information. 

When ordering products on the phone or via the Website, you will be required to provide payment details. By entering your payment information you confirm that you are the authorised account holder, that the payment details given for the order are valid and that you are the person referred to in the billing information required for the order. 

Your credit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. BLOOMINGALES does not store any of your credit card information.

BLOOMINGALES will not be held responsible for any damage or loss (whether indirect or direct) suffered by you if your credit card is fraudulently used or used in an unauthorised manner by a third party.

Once the products have been delivered to the premises, notified by you to us in your order, the contract between you and us is complete. The sale contract is therefore concluded in New South Wales, Australia. You will receive a tax invoice once the products are ordered and/or delivered. 

Your order cannot be cancelled once the products have been dispactched and or delivered. Depending on the nature and size of the order, we reserve our right to not accept cancellations once the order has been submitted and already processed with our suppliers.

Please see our Privacy Policy and Terms and Conditions of Use available on the Website which informs you of our practices regarding the personal information we collect from you, including payment details. 

BLOOMINGALES (ABN 93934028604) 45a Broughton Street Kirribilli NSW 2061 Australia (“BLOOMINGALES”) which currently operates on the Internet domain www.bloomingales.com.au (the “Website”).

By using this Website you agree to be bound by these Terms and Conditions. If you do not agree with the Terms and Conditions, then you are not authorised to use this Website.

These Terms and Conditions also apply to any contracts entered into between BLOOMINGALES and its customers. BLOOMINGALES does not accept any other Terms and Conditions unless explicitly stated otherwise. 

BLOOMINGALES does not guarantee the accuracy of any content published on the Website and we exclude liability for loss or damage of any kind relating in any way to your use of that content and/or use of the Website. 

Where liability cannot be excluded, by law we limit our liability to the resupply of the relevant information or services.

You agree to indemnify and keep BLOOMINGALES indemnified against any claim, demand, expense, cost, loss or liability (whether direct or indirect) made against or incurred by BLOOMINGALES in connection with your use of the Website, your breach of these Terms and Conditions of Use or your breach of any rights of third parties. 

This Website and its contents are protected by copyright which is owned by BLOOMINGALES under the laws of Australia. 

BLOOMINGALES does not grant you any intellectual property rights in connection with this Website.  Unless otherwise stated, BLOOMINGALES owns or licenses the copyright and all other proprietary rights for all the content used on this Website including text, graphics, logos, button icons, video images, audio clips and navigational and other software. 

You must not use any trademark displayed on this Website.

We are happy for you to use the Website as a link. However, we reserve the right to deny any person permission to link to the Website. 

If you do wish to reproduce any of our content, you must first make a formal request for our permission. If permission is given you must make an appropriate reference to BLOOMINGALES concerning its ownership of the content and your licence to use it.

Our Terms and Conditions of Use may be updated when necessary and at our own discretion. An updated version will be posted on the Bloomingales Website. We encourage you to check online to ensure you are up to date with the latest Bloomingales Terms and Conditions of Use. 

By continuing to use this Website after any change becomes effective, you agree to be bound by the revised Terms and Conditions of Use.

This Website may be inaccessible from time to time due to events outside BLOOMINGALES control.

Prices listed on this Website relating to goods and services displayed on this site may not be current or correct and do not constitute an offer by Bloomingales. This Website does not confirm that any goods displayed are currently in stock.

For full details of product price, product information and conditions please call our office at (+612) 8963 0305.

For further information see Our Terms and Conditions of Sale.

The external linked sites within the Website are not under the control of BLOOMINGALES. BLOOMINGALES is not responsible for the contents published on those external websites.

BLOOMINGALES does not guarantee or approve of any representations or material in those external websites, nor does BLOOMINGALES represent that the material on linked websites is free of any computer virus, infringements or defects. You rely on such information or websites entirely at your own risk.

The purpose of the BLOOMINGALES social media accounts is to provide BLOOMINGALES customers with information on our product sales, access to promotions and other updates.

You are welcome to contribute your own photos, comments and videos provided they do not infringe third parties rights. However, we will delete any posts that are considered to be offensive, spam, advertising, threating, hateful, or defamatory. We also reserve the right to address factual errors or delete a post if we think it appropriate to do so.

Further, you should not copy our material and post it without attribution, nor use it for any other commercial purpose.

If we collect your personal information, we do so subject to the terms of our Privacy Policy.

We may use cookies to gather information in connection with this Website and you consent to us doing so. 

This Website and its use are governed by the laws of New South Wales, Australia.

BLOOMINGALES (ACN 93934028604) (“BLOOMINGALES”) is bound by the Privacy Act 1988 (Cth) as amended by the Privacy Amendment (Private Sector) Amendment Act 2000 (“the Act”).

This Privacy Policy covers all dealings by BLOOMINGALES with customers and the public, and applies to personal information collected by BLOOMINGALES  by any means. By using the Website operated by BLOOMINGALES, or by interacting with BLOOMINGALES s in relation to the services and products offered by BLOOMINGALES, you consent to BLOOMINGALES using your personal information as set out in this Privacy Policy.

BLOOMINGALES will only collect personal information from you with your prior knowledge and consent. 

BLOOMINGALES collects personal information directly from you when you submit it online to the BLOOMINGALES Website, by telephone or facsimile, or in person with one of our employees.

In the process of conducting our business, the type of personal information we collect includes your name, residential, delivery and billing addresses, telephone numbers, email address, as well as information about your transactions with BLOOMINGALES, including the goods and services provided to you.

If you are accessing our goods and services via the BLOOMINGALES Website, we may use technology to track your activities including your web browsing history of our Website and payment history with us. 

BLOOMINGALES will only use personal information provided by you for the purposes for which it was collected, that is, to carry on our business and provide services to our customers. This may include:

• providing you with our goods and services;
• responding to your questions and requests about the goods and services; 
• keeping a record of our work together; or
• maintain your details to allow us to contact you when necessary.

Personal information will only be provided to third parties and people outside the business where it is notified to you at the time of collecting the personal information, or with your permission. 

As part of BLOOMINGALES business activities and in a way to promote the services we can offer you, Bloomingales may use personal information you have provided us as for the purposes of direct marketing. 

BLOOMINGALES may, from time to time, use your personal information to contact you in relation to promotions and information about BLOOMINGALES goods and services. This may be via email, SMS, MMS, social media (including Facebook, Pinterest, Instagram and Twitter) and telephone.

You can opt out of receiving promotional material from us at any time by sending an email to the contact address below.

BLOOMINGALES takes all reasonable steps to ensure that your personal information is protected from misuse or loss and unauthorised access, modification or disclosure. BLOOMINGALES has systems in place to protect your privacy whenever we collect, store and use or disclose personal information. 

BLOOMINGALES does not maintain records of your credit card details. 

Personal information is destroyed or de-identified when no longer required.

You may request access to personal information about you held by BLOOMINGALES. Inaccurate or false information about you will be corrected by BLOOMINGALES upon notification. 

Our Privacy Policy may be updated when necessary. An updated version will be posted on the BLOOMINGALES Website. We encourage you to check online to ensure you are up to date with the latest BLOOMINGALES Privacy Policy.

Please contact BLOOMINGALES for any further questions or concerns you may have relating to our Privacy Policy or use of personal information.

BLOOMINGALES (ABN 93934028604) (“BLOOMINGALES”) only within the limited area of Sydney, New South Wales, Australia. 

Dispatch of your order will usually be made within 24 hours of your payment being cleared.

A charge for delivery to your premises may apply depending on the good(s) purchased. We will notify you of the delivery price during the checkout process on the BLOOMINGALES Website, or when we are advising you of a quote over the phone. 

You must ensure someone is available to accept the delivery at the premises and that they are authorised to do so. If there is not, you authorise us to deliver the goods anyway (if we consider it safe and reasonable to do so). You must ensure there is safe and available access for delivery.

If the delivery contractor arrives at the agreed time, but is unable to deliver the goods, or considers that it is unsafe to do so, you will be required to pay for re-delivery at a later time. Some goods may require extra delivery personnel due to weight, volume or size of the goods, which may incur an additional charge. We will do our best to inform you of this in advance.

If you provide us with an incorrect address you will be required to pay for re-delivery to the correct address at a later time.

The goods are at your risk after delivery. For commercial customers liability for damage to any property occurring during delivery will not be accepted.

If goods are being collected, you must collect them within 7 days once we inform you they are ready for collection. If you fail to do so, and have not notified us, then we will assume you have cancelled your order and you will still be charged in accordance with our Terms and Conditions of Sale.

BLOOMINGALES (ABN 93934028604) (“BLOOMINGALES ”) will happily assist customers who wish to return products purchased on our Website in Australia. 

BLOOMINGALES will accept the return of products and issue refunds or exchanges, subject to payment of the original delivery fee and the following:

• if the product is unused, in original packaging and in saleable condition you may contact us within 30 days of delivery to arrange for it to be collected; and
• you have a valid and intact receipt. The original credit card must be present to gain a refund or exchange.

You must adequately package any product that you are returning to ensure that it is not damaged during return delivery to our store. All original items including packaging must be returned. 

If you are entitled to a refund or exchange, the refund or exchange will only be given once we have received the product and inspected it and assessed whether it is eligible for a refund under the Returns Policy. Any refund we make will be made through the same payment method used to purchase the product. 

With respect to your rights under the Terms and Conditions of Sale and Australian Consumer Law which forms part of the Competition and Consumer Act 2010 (Cth), unfortunately we cannot offer a refund or exchange on the following items:

• Any flowers which have been delivered to the specified premises.
• Custom made products.
• Any product that has been used or installed.

In addition to manufacturers’ guarantees on specific products, Grandiflora and its suppliers provide a guarantee of acceptable quality on all goods ordered. 

Australian Consumer Law, implies into consumer contracts certain statutory conditions and warranties that cannot be excluded or modified. Where there is a breach of such a warranty and such a breach is a “major failure”, you are entitled to a refund or replacement.

Should you request an exchange or refund we will require a valid receipt as proof that you purchased the goods with us. 

If you need to contact us for any reason, please do so using the contact details below:

Email – info@bloomingales.com.au