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STORE TERMS AND CONDITIONS

THESE TERMS & CONDITIONS GOVERN THE USE OF WWW.EBONFLORAL.COM AND THE PURCHASE OF ANY GOODS AND SERVICES FROM IT.

http://www.ebonfloral.com is owned and operated by EBON Floral Design Studio Pty Ltd (ABN 11 664 704 483). When we say “you, your” etc, we mean the person using our site. When we say “our, we, us” etc, we mean EBON Floral Design Studio Pty Ltd. Please note that by using this website you agree to be bound by its terms, conditions, disclaimers, and limitations of liability. You also acknowledge that you have read and understood these Terms and Conditions.

Prices and Payment

You agree to pay for all products and services you order. Prices given on product pages exclude delivery (see below under delivery for more detail). The price of products and services we offer may change without notice from time to time, but we will never change the price of anything you have already ordered and paid for. All prices are quoted in Australian dollars. We accept payment by all major credit cards. Payment card use may be subject to processing fees, but you will be informed of those prior to finalising your purchase.

Ordering

You may order products from our site by placing an order through the product pages. By placing an order with us, you are making an offer to purchase the desired products and services from us. You are not permitted to order any products for resale to a third party. We reserve the right to accept or reject any offer you make us, for any reason, including but not limited to if the products requested are not available, payment not being processed successfully, we suspect your order is for commercial purposes, there is the possibility of fraud or there is an error in the price or description of the product you want to buy. Each offer you make to us and accepted by us creates a separate and binding agreement between you and us for the supply of the relevant products. Maximum order sizes apply, if you have large requirements, please contact us directly by emailing us at info@ebonfloral.com. To ensure compliance with liquor licensing laws, maximum volume (1.5L), liquor value (50% of the total sale price) and other restrictions apply to orders that include alcohol. For us to put your order through, we need some information from you. Some of these include your name, contact details, billing address, delivery address, and payment details. For information on how we obtain, store and use your personal information please see our Privacy Policy. You should receive a message on the screen confirming your order once your payment has gone through. If you don’t, there may have been a problem with processing your order. Please let us know if this happens by emailing info@ebonfloral.com.

Delivery

EBON Floral Design Studio offers flower delivery service across the Northern Beaches areas in Sydney. Next Day delivery is available in Greater Sydney areas outside of the Northern Beaches. The cost of delivery is dependent on suburb and fees start from $10.00, and free in Mona Vale 2103. This is subject to change and will be updated on our website as the changes occur. Our delivery hours are between 8AM and 6PM. Please note we are not able to guarantee delivery at a specific time of day. Unfortunately, we cannot send to PO Boxes as part of our same-day or next-day delivery options.

Undeliverable items

A gift is considered as undeliverable if (i) the Recipient’s address is incomplete, incorrect, or cannot be located, (ii) there is no one at home to receive the gift and there is nowhere safe to leave the gift  (iii) the delivery is refused by the recipient before opening the package.

All undeliverable gifts will either be returned to EBON Floral Design Studio HQ where the customer will be liable for all charges and fees incurred in returning, storing, or disposing of an undeliverable gift. Due to the perishable nature of some of our products (e.g. flowers), it is strongly advised that recipients collect their gift within 24 hours from the collection point indicated on the delivery card. EBON Floral Design Studio cannot be held responsible for delays in the collection and pick-up of gifts and is not liable for the quality and condition of perishable goods, such as flowers, that have not been collected within a 24-hour time frame from the date and time of attempted delivery.

Units and apartment buildings

We sometimes face problems with delivering goods to units and apartment buildings which can result in gifts arriving late, going missing, or being returned to EBON Floral Design Studio HQ. If gifts are being delivered to an apartment or unit address the customer is responsible for ensuring that the recipient will be available on the day to receive the gift. If the recipient is not home and the courier cannot gain access to the building to leave the gift in a safe place the gift will be deemed ‘undeliverable’ and be returned to EBON Floral Design Studio HQ where the customer will be liable for all charges and fees incurred in returning, storing or disposing of an undeliverable gift.

Incorrect and incomplete addresses

Please be very careful in providing us with correct, complete, and up-to-date address information. If you provide us with an incorrect or incomplete address and we deliver your order as per your instructions, we can accept no responsibility for the mistake. If we are unable to deliver to an incorrect or incomplete address and the order is returned to EBON Floral Design Studio HQ, we can redeliver but the customer will incur an additional delivery charge as well as a product replacement fee for any perishable items, such as flowers, that need to be replenished.

Substitution and Seasonal Availability

EBON Floral Design Studio endeavours to fulfil all orders in compliance with product descriptions, however, flower orders may be subject to seasonal and product availability. EBON Floral Design Studio reserves the right to substitute flower varieties when necessary, however, we will always take utmost care to ensure the final product is similar in quality to the requested item. Substitutions and alterations to the style of a product will be of similar quality and value.

Days of operation

Our operating days and delivery days are Wednesday 9am-5pm, Thursday 9am-5pm, Friday 9am-5pm and Saturday 9am-3pm. We do not operate on public holidays in New South Wales, so products will not be dispatched on such days. If you order a product for public holidays we will deliver on the next working day. 

Same Day Delivery

We offer same day delivery to the Northern Beaches. We cannot guarantee same day delivery will be available for suburbs outside of the Northern Beaches and the North Shore. Northern Beaches same day delivery is only available when the order is placed before 12pm, on Wednesday, Thursday or Friday, and before 10am on Saturday.

Warranties, refunds, and cancellations

We can issue a refund due to change of mind, however the refund request must be submitted a minimum of 2 days prior to selected date of delivery. We cannot offer refunds for requests within 2 days of the delivery date, because fresh products (ie flowers will have already been purchased from our wholesalers. We are also unable to offer a refund if incorrect delivery information is given to us. It’s the sender’s responsibility to make sure they provide us with detailed and accurate delivery instructions. If the wrong delivery address is given we can re-deliver, but this may be at an additional cost. Cancellations can be made by emailing info@ebonfloral.com or by calling 02 9068 6611

Products sold on this website are a perishable, natural item and flowers life span is dependent on species, resulting in some flower varieties living longer than others. Flowers are a product of nature; availability is dependent on season and markets. As a result, not all goods produced are as pictured on http://www.ebonfloral.com, by accepting these terms and conditions you are acknowledging there may be discrepancies between images and produced goods.

You can generally expect your flowers to last from 3 days provided they are cared for correctly.

5 main steps will help your flowers to last as long as possible:

1. Stems should be cut on an angle (in or under running water if possible) as soon as you receive the flowers (for fresh bouquets only)
2. Ensure the vase that is used is clean and filled with fresh water. 
3. Always keep an eye on the water levels and change the water completely every two days
4. Keep the flowers out of direct sunlight
5. Keep the flowers away from drafts and air-conditioning

If you feel the flowers have not lasted for at least three days let us know within this time by calling 0408 639 739. Once we are confident that they have been cared for as recommended, we will happily replace the flowers.

Please note that we may firstly request a photo of the flowers and can only replace them if we are able to pick up the old flowers at the same time as we deliver the replacements.

Liability and general matters

We are not liable to you for any consequential, indirect, special, punitive, remote or incidental damages or for any loss of profit, loss of data, loss of goodwill, loss of business, loss of opportunity, increased financing costs, or any failure to realise anticipated savings or any type of commercial or economic loss. All goods supplied to you come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable 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. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied to you fail to meet a consumer guarantee under the Australian Consumer Law. Nothing in this document excludes, restricts or modifies any condition, guarantee, warranty, right or liability protected by law to the extent that such exclusion, restriction or modification would render this document or any provision of this document void, illegal or unenforceable. Save for in relation to claims you make under the Australian Consumer Law, the maximum amount we will be liable to you in connection with any claim (or claims) you make in relation to your use of our sites and buying products from us is limited in aggregate to the amounts you have paid us for the provision of goods or services. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise. You own the intellectual property rights in the data you provide us. We own (or have rights to use) all other intellectual property existing in and developed in connection with this site. You have no rights to use in any way any of our intellectual property including but not limited to using, copying, embedding (in another website) any design, text, marks and graphics appearing on our site. These terms and conditions may be amended from time to time and it is your responsibility to appraise yourself of the current version applying to your orders by checking this site for the latest version of this document. This site may contain links to external websites that are not operated by us and you agree that no representations or warranties are made by us in connection with those links and that we have any responsibility or liability for those websites and that the provision of the links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites. If any provision of this document is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. Headings are for reference purposes only and do not form part of this document. Any failure to act on a breach by you or others doesn’t waive the right to act on subsequent or similar breaches. All sections which by their nature are intended to survive termination of this document will be deemed to survive. This document is governed by the laws of NSW, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and the jurisdictional selection provision above does not apply to any claim you may have under the Australian Consumer Law. If you need further assistance please contact us on info@ebonfloral.com.

Discounts and offers

These Terms and Conditions govern all EBON Floral Design Studio discounts and promotions. Participation in an EBON Floral Design Studio discount or promotion is deemed acceptance of these Terms and Conditions. Any purchase not complying with these Terms and Conditions is invalid.

Eligibility
1.1 The promotional discount is available to individual purchasers only. It is not applicable to institutional or trade purchases.
1.2 The promotional discount is only valid for purchases made online via http://www.ebonfloral.com
1.3 Promotional discount codes can only be used once per individual. Only one promotional discount code can be used per order.
1.4 A promotional discount code cannot be used:
1.4.1 after an order has been placed; or
1.4.2 in conjunction with any other offer or discount
1.5 Promotional discounts are:
1.5.1 only available while stocks last;
1.5.2 non-transferable, not for resale, and not redeemable for cash; and
1.6.3 only valid for one use per customer
1.7 EBON Floral Design Studio reserves the right to withdraw, amend or cancel a discount offer at any time.

Promotion Terms
2.1 EBON Floral Design Studio reserves the right to withdraw any promotion codes or offers at any time and without notice.
2.2 All promo codes cannot be used in conjunction with codes or offers

General
3.1 EBON Floral Design Studio will not sell your personal information to others or release it to others without your prior consent, and will only use your personal data as outlined in our privacy policy.
3.2 EBON Floral Design Studio reserves the right to amend these Terms and Conditions at any time. Any revised version will be effective immediately that it is displayed on this website.
3.3 In the event that these Terms and Conditions are translated into any language other than English, the terms of the English Language version shall prevail in the event of any conflict.

Prizes, Giveaways & Substitutions

4.1 If the prize specified by EBON Floral Design Studio in a giveaway is not available for any reason at the time of sending, we will substitute the prize for a product of equal or greater value, decided by EBON Floral Design Studio.

4.1.1 This includes but is not limited to:

If the recipient lives outside of our same-day delivery areas.

Promoter’s Details
5.1 The Promoter is EBON Floral Design Studio Pty Ltd, having its registered office at 23 Suzanne Road, Mona Vale NSW 2103.
5.2 These Terms and Conditions shall be governed by the law of NSW, Australia.

THANK YOU FOR YOUR ENQUIRY

We will contact you via email to schedule your free discovery call. Please email us at info@ebonfloral.com if you do not hear from us within one week.