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Terms and Conditions

These Terms and Conditions (the "Terms and Conditions") govern the use of floristandfarmer.com.au (the "Site"). This Site is owned and operated by Ecologic Solutions Pty Ltd (ACN 679 005 540). This Site is an ecommerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

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Intellectual Property

All content published and made available on our Site is the property of Ecologic Solutions and the Site's creators. This includes, but is not limited to, images, text, logos, documents, downloadable files, and anything that contributes to the composition of our Site.

 

Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

  • Violate the intellectual property rights of the Site owners or any third party to the Site;

  • Hack into the account of another user of the Site; or

  • Act in any way that could be considered fraudulent.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend, or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

 

Accounts

When you create an account on our Site, you agree to the following:

  • You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and

  • All personal information you provide to us through your account is up to date, accurate, and truthful, and you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

 

Sale of Goods

These Terms and Conditions govern the sale of goods available on our Site.

The following goods are available on our Site:

  • Flowers; and

  • Gifts.

These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images, as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.

We reserve the right to modify, reject, or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

 

Subscriptions

Your subscription automatically renews, and you will be automatically billed until we receive notification that you want to cancel the subscription.

To cancel your subscription, please follow these steps: [to be completed]

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Payments

We accept the following payment methods on our Site:

  • Credit Card; and

  • PayPal.

When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

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Shipping and Delivery

When you purchase goods from our Site, the goods will be delivered through the following method:

  • Local delivery by us. Our collection and delivery area is the Macedon Ranges Shire, Victoria Australia.

  • Delivery via post.
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Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and public holidays.

You will be required to pay delivery charges in addition to the price for the goods you purchase.

If you purchase goods from us for delivery to a destination outside Australia, your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

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Refunds for Goods

Refund requests must be made within 1 day after receipt of your goods.

We accept refund requests for goods sold on our Site for the following reason:

  • Good is broken.

Refunds do not apply to the following goods:

  • Flower bouquets.

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Consumer Protection Law

Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

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Limitation of Liability

Ecologic Solutions and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses — including legal fees — arising from your use of the Site.

 

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Ecologic Solutions and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities, and expenses — including legal fees — arising out of your use of our Site or your violation of these Terms and Conditions.

 

Applicable Law

These Terms and Conditions are governed by the laws of the State of Victoria.

 

Dispute Resolution

Subject to any exceptions specified in these Terms and Conditions, if you and Ecologic Solutions are unable to resolve any dispute through informal discussion, then you and Ecologic Solutions agree to submit the issue first to a non-binding mediator, and to an arbitrator if mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Ecologic Solutions. The costs of any mediation or arbitration will be shared equally between you and Ecologic Solutions.

Notwithstanding any other provision in these Terms and Conditions, you and Ecologic Solutions agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

 

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and removed from these Terms and Conditions. All other provisions will not be affected by the removal, and the rest of these Terms and Conditions will still be considered valid.

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Competitions and Promotions

From time to time, we may run competitions, giveaways, or promotions (each a "Competition") on our Site or through our social media channels. Entry into any Competition is governed by these Terms and Conditions, along with any specific rules published for that Competition (the "Competition Rules"). Where there is a conflict between these Terms and Conditions and the Competition Rules, the Competition Rules will apply.

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Eligibility

Unless otherwise stated in the Competition Rules, entry is open to Australian residents aged 18 years or older. Employees of Ecologic Solutions, their immediate families, and any parties associated with the Competition are not eligible to enter.

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Entry

Entry instructions, the entry period, and any entry limits will be set out in the Competition Rules for that Competition. We reserve the right to disqualify any entry that we reasonably believe is fraudulent, incomplete, or does not comply with these Terms and Conditions or the Competition Rules.

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Prizes

Prize details, including a description of the prize and its value, will be set out in the Competition Rules. Prizes are not transferable or redeemable for cash unless we state otherwise. We reserve the right to substitute a prize of equal or greater value if the advertised prize becomes unavailable for reasons outside our control. If delivery of a prize to a prize-winner is included, delivery is only to within the Macedon Ranges Shire, Victoria, Australia. Prize winners located outside this area will be responsible for arranging collection of their prize at their own cost.

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Winner Selection and Notification

Winners will be selected in the manner described in the Competition Rules (for example, by random draw or by judged criteria). We will notify winners using the contact details provided at entry. If a winner does not respond within 2 days, we reserve the right to select an alternative winner.

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Use of Personal Information

By entering a Competition, you agree that we may collect and use your personal information for the purpose of running the Competition and notifying winners, in accordance with our Privacy Policy. If you win, we may request your consent to publish your name and/or image for promotional purposes.

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Our Rights

We reserve the right to cancel, suspend, or amend a Competition at any time if it becomes necessary to do so, including in the case of technical failure, unforeseen circumstances, or reasonable suspicion of fraud.

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Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

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Privacy Policy

Ecologic Solutions Pty Ltd (trading as Florist&Farmer) is committed to providing quality services to you, and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the "Privacy Act"). The APPs govern the way in which we collect, use, disclose, store, secure, and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of the Office of the Australian Information Commissioner at oaic.gov.au.

 

What is Personal Information and why do we collect it?

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include names, addresses, email addresses, and phone numbers.

This Personal Information is obtained in many ways, including via our website www.floristandfarmer.com.au and from third parties. We don't guarantee website links or the policies of authorised third parties.

We collect your Personal Information for the primary purpose of:

  • Providing our services to you;

  • Providing information to our clients; and

  • Marketing.

We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

When we collect Personal Information, we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

 

Sensitive Information

Sensitive information is defined in the Privacy Act to include information or opinion about things such as:

  • An individual's racial or ethnic origin;

  • Political opinions or membership of a political association;

  • Religious or philosophical beliefs;

  • Membership of a trade union or other professional body;

  • Criminal record; or

  • Health information.

Sensitive information will be used by us only:

  • For the primary purpose for which it was obtained;

  • For a secondary purpose that is directly related to the primary purpose; or

  • With your consent, or where required or authorised by law.

 

Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case, we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

 

Disclosure of Personal Information

Your Personal Information may be disclosed in a number of circumstances, including the following:

  • Third parties, where you consent to the use or disclosure; and

  • Where required or authorised by law.

 

Security of Personal Information

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss, and from unauthorised access, modification, or disclosure.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most Personal Information is or will be stored in client files, which will be kept by us for a minimum of 7 years.

 

Access to your Personal Information

You may access the Personal Information we hold about you, and update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

Florist&Farmer will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.

In order to protect your Personal Information, we may require identification from you before releasing the requested information.

 

Maintaining the Quality of your Personal Information

It is important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete, and up to date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and continue to provide quality services to you.

 

Policy Updates

This Policy may change from time to time and is available on our website.

 

Privacy Policy Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy, please contact us at:

Email: hello@floristandfarmer.com.au

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