Terms of Service

Overview

Welcome to My Florist Launceston Tasmania & Metaphysical Launceston.

The terms “we”, “us” and “our” refer to My Florist Launceston Tasmania & Metaphysical Launceston.

We operate this website and online store, including the information, content, features, products and services made available through it. Our online store is hosted by Shopify, which provides the ecommerce platform that allows us to offer our products and services to you.

These Terms of Service explain the conditions that apply when you visit our website, place an order or use our services.

By accessing our website, purchasing from us or using our services, you agree to these Terms of Service and the policies referred to within them.

Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other law that cannot legally be excluded.

1. Using Our Website

You may use our website only for lawful purposes and in accordance with these Terms.

You must not use our website:

• for fraudulent, unlawful or misleading purposes;

• to interfere with the operation or security of the website;

• to transmit viruses, malicious code or other harmful material;

• to collect or misuse another person’s personal information;

• to infringe another person’s intellectual property or legal rights;

• to submit false or misleading information;

• to place fraudulent orders; or

• to engage in conduct that may harm our business, customers, website or reputation.

We may restrict or suspend access to our website where we reasonably believe these Terms have been breached or the website is being misused.

2. Account and Customer Information

You may be required to provide information when placing an order, creating an account or using our services.

You agree to provide information that is accurate, current and complete, including your:

• name;

• email address;

• telephone number;

• billing information;

• delivery address;

• recipient details; and

• payment information.

You are responsible for keeping your account login details secure and for activity carried out through your account.

Please contact us promptly if you believe your account has been accessed without your permission.

3. Product Information

We take reasonable care to ensure that product descriptions, photographs, prices and availability are accurate.

However, colours and product appearance may vary slightly due to:

• lighting;

• photography;

• screen settings;

• natural product variations;

• seasonal availability; and

• differences between individual handmade, natural or living products.

Fresh flowers, plants, crystals, gemstones and other natural products may vary in colour, size, shape, marking and appearance.

These natural variations are not generally considered faults.

Where a product listing does not state that the exact item photographed will be supplied, we may select a comparable item from the available stock.

We may update product information, pricing or availability without notice.

Nothing in this section limits your rights if a product is faulty, damaged, incorrectly supplied, significantly different from its description or otherwise fails to meet a consumer guarantee.

4. Fresh Flowers and Substitutions

Fresh flowers are seasonal and subject to availability.

Where a particular flower, foliage, container, wrapping or colour is unavailable, we may substitute it with an item of similar style, quality and value.

We will make reasonable efforts to preserve the overall:

• colour palette;

• style;

• presentation;

• value; and

• intention of the arrangement.

Where a significant substitution is required, we will attempt to contact you where reasonably possible.

Photographs of floral arrangements are examples of the overall style and presentation. The finished arrangement may vary according to seasonal availability and the natural characteristics of the flowers.

5. Orders

When you place an order, you are making an offer to purchase products or services from My Florist Launceston Tasmania & Metaphysical Launceston.

An order is not accepted until:

• payment has been successfully processed; and

• we have confirmed or commenced processing the order.

We reserve the right to decline or cancel an order where reasonably necessary, including where:

• a product is unavailable;

• a price or product description contains an obvious error;

• payment cannot be processed;

• delivery cannot reasonably be completed;

• the order appears fraudulent;

• required customer or recipient information is missing; or

• accepting the order would breach a law or these Terms.

If we cancel an order after payment has been received, we will provide an appropriate refund for the cancelled product or service.

Please review your order carefully before submitting it. Changes and cancellations may not be possible once flowers have been ordered or arranged, a custom item has been started, or an order has been packed or dispatched.

Order cancellations and changes are also subject to our Refund, Returns and Cancellations Policy.

6. Prices and Payment

All prices displayed on our Australian website are in Australian dollars unless otherwise stated.

Prices may include Goods and Services Tax where applicable.

Delivery fees and other applicable charges will be shown before the order is completed.

Prices, offers and promotions may change without notice. The price charged will generally be the price displayed when your order is placed.

We may correct an obvious pricing or listing error before accepting an order. If this occurs after payment has been processed, we will contact you and offer the choice of:

• paying the correct price;

• selecting an alternative product; or

• cancelling the affected item for a refund.

You must be authorised to use the payment method provided.

7. Delivery

You are responsible for providing complete and accurate delivery information, including:

• the recipient’s full name;

• the correct delivery address;

• a contact telephone number;

• hospital, ward or room information where relevant; and

• any access instructions.

Delivery times are estimates and may be affected by traffic, weather, demand, courier availability, hospital rules and circumstances outside our reasonable control.

We will take reasonable care to complete delivery within the agreed or stated timeframe.

We are not responsible for delays or failed delivery caused by incorrect or incomplete information supplied by the customer.

If redelivery is required because:

• the address was incorrect;

• access was unavailable;

• the recipient could not be located;

• the recipient had been discharged from hospital; or

• relevant delivery details were not provided,

an additional delivery fee may apply.

Where no one is available to receive an order, it may be left:

• in a reasonably safe location;

• with reception;

• with a neighbour where appropriate; or

• returned to our store.

The appropriate option will depend on the product, weather, delivery location and the courier’s reasonable judgement.

Nothing in this section excludes our responsibility where a delivery service has not been provided with due care and skill or as otherwise required by Australian Consumer Law.

8. Hospital and Care-Facility Deliveries

Customers are responsible for confirming that the recipient is still admitted and able to receive the selected products.

Some hospitals, wards and care facilities restrict fresh flowers, plants, food, balloons or other products.

Where delivery cannot be completed because of facility restrictions, discharge, transfer or incomplete information, we will contact the customer where reasonably possible to discuss:

• an alternative address;

• collection;

• redelivery; or

• another suitable arrangement.

Additional delivery fees may apply where another delivery is required.

9. Returns, Refunds and Cancellations

Returns, refunds, replacements, exchanges and cancellations are governed by our Refund, Returns and Cancellations Policy.

Please choose carefully, as we do not provide refunds or exchanges for change of mind unless we choose to do so as a gesture of goodwill.

Nothing in these Terms or our Refund, Returns and Cancellations Policy excludes, restricts or modifies your rights under Australian Consumer Law.

10. Gift Cards and Vouchers

Gift cards and vouchers are subject to any terms displayed with the product or provided at the time of purchase.

Gift cards and vouchers cannot generally be exchanged for cash or refunded for change of mind.

Expiry dates and other conditions will comply with applicable Australian law.

Customers are responsible for keeping gift card or voucher details secure.

We are not responsible for loss caused by a gift card or voucher being shared, misplaced or used without permission, except where required by law.

11. Readings, Reiki and Appointment-Based Services

Bookings for readings, Reiki or other appointment-based services may be provided through a third-party booking platform.

Any booking, cancellation or rescheduling terms displayed at the time of booking will form part of the agreement for that service.

These services are intended for personal reflection, relaxation and general wellbeing.

They are not a substitute for medical, psychological, legal, financial or other qualified professional advice.

We do not guarantee any particular personal, spiritual, emotional, health or financial outcome from a reading, Reiki session or metaphysical product.

Nothing in this section limits any rights you may have under Australian Consumer Law regarding the provision of services with due care and skill.

12. Metaphysical Product Information

Information about crystals, tarot, oracle cards, incense, Reiki or other metaphysical products and services is provided for general interest and traditional or spiritual reference.

Metaphysical descriptions and traditional associations are not statements of scientifically proven medical outcomes.

Products sold through our website are not intended to diagnose, treat, cure or prevent medical or mental health conditions.

Customers should seek appropriate professional advice for medical, psychological, legal or financial concerns.

13. Promotions and Discount Codes

Promotions, competitions and discount codes may be subject to additional terms.

Unless otherwise stated:

• discount codes cannot be exchanged for cash;

• only one discount code may be used per order;

• discount codes cannot be applied retrospectively;

• exclusions may apply;

• minimum purchase requirements may apply; and

• promotions may end or change at the stated closing time.

Where specific promotional terms conflict with these Terms, the specific promotional terms will apply to that promotion.

14. Intellectual Property

Unless otherwise stated, the content on this website is owned by or licensed to My Florist Launceston Tasmania & Metaphysical Launceston.

This includes:

• business names and branding;

• logos;

• written content;

• product descriptions;

• photographs;

• graphics;

• videos;

• layouts;

• designs; and

• promotional materials.

You may view and use the website for personal, non-commercial purposes.

You must not copy, reproduce, republish, distribute, modify, sell or commercially use our website content without our prior written permission, except where permitted by law.

Third-party trademarks, content and branding remain the property of their respective owners.

15. Customer Reviews, Photographs and Feedback

Where you submit a review, photograph, comment or other feedback, you confirm that:

• it is truthful;

• you have the right to provide it;

• it does not infringe another person’s rights;

• it is not unlawful, threatening, defamatory, discriminatory or misleading; and

• it does not contain malicious code or confidential personal information belonging to another person.

You give us permission to display, reproduce and share submitted reviews and feedback for reasonable business and promotional purposes.

We may remove content that we reasonably believe breaches these Terms or applicable law.

We will not alter a customer review in a way that misrepresents the customer’s opinion.

16. Third-Party Services and Links

Our website may include links to or integrations with third-party services, including:

• Shopify;

• payment providers;

• booking platforms;

• social media platforms;

• delivery providers; and

• other external websites.

Third-party services may have their own terms and privacy policies.

We are not responsible for third-party websites or services that we do not control, except to the extent required by law.

Please review the relevant third-party terms before using those services.

17. Relationship With Shopify

Our online store is hosted by Shopify, which provides the ecommerce platform that allows us to offer products and services to you.

Any purchase made through our store is made directly between you and My Florist Launceston Tasmania & Metaphysical Launceston.

Shopify is not the seller of our products or services.

Shopify may collect and process information as described in Shopify’s own privacy policy and our Privacy Policy.

18. Privacy

We collect and handle personal information in accordance with our Privacy Policy and applicable privacy laws.

By using our website, you acknowledge that information may be processed by Shopify and other service providers that help us operate the website, process payments, manage bookings and complete deliveries.

Please refer to the Privacy Policy available through the footer of our website for further information.

19. Website Availability

We aim to keep our website accurate, secure and available.

However, we do not guarantee that the website will always be:

• uninterrupted;

• error-free;

• free from technical faults; or

• available at every time.

We may suspend or change parts of the website for maintenance, security, updates or other operational reasons.

We are not responsible for loss caused solely by circumstances outside our reasonable control, except where responsibility cannot legally be excluded.

20. Disclaimer and Limitation of Liability

To the maximum extent permitted by law, we are not responsible for indirect or consequential loss arising from the use of our website or products where that loss was not reasonably foreseeable.

We are not responsible for loss caused by:

• misuse of a product;

• failure to follow care or safety instructions;

• incorrect information supplied by the customer;

• unauthorised use of a customer account;

• circumstances outside our reasonable control; or

• third-party services that we do not control.

However, nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law or any other law that cannot legally be excluded.

Where our liability can lawfully be limited, it will be limited only to the extent permitted by law.

21. Indemnity

You are responsible for loss or damage reasonably suffered by us as a direct result of:

• your unlawful use of the website;

• your deliberate breach of these Terms;

• fraudulent information supplied by you; or

• your infringement of another person’s rights.

This section does not require you to compensate us for loss caused by our own negligence, unlawful conduct or failure to comply with applicable law.

22. Severability

If any part of these Terms is found to be invalid, unlawful or unenforceable, that part will be removed or limited to the minimum extent necessary.

The remaining parts of these Terms will continue to apply.

23. No Waiver

If we do not immediately enforce a right under these Terms, this does not mean that we have waived that right.

Any waiver must be clearly communicated and applies only to the particular circumstance for which it is given.

24. Changes to These Terms

We may update these Terms from time to time to reflect changes to:

• our business;

• our website;

• our products or services;

• technology;

• third-party providers; or

• applicable laws.

The current version will be published on this page.

Changes will apply from the date the revised Terms are published, unless otherwise stated.

25. Governing Law

These Terms are governed by the laws of Tasmania and the Commonwealth of Australia.

Any dispute will be subject to the courts and tribunals that have jurisdiction in Tasmania, unless applicable law provides otherwise.

26. Contact Us

Questions about these Terms of Service can be directed to:

My Florist Launceston Tasmania & Metaphysical Launceston
2/222 Wellington Street
South Launceston TAS 7249
Australia

Email: myfloristlaunceston@outlook.com
Phone: 0407 141 091
ABN: 24 576 806 506