Terms and Conditions.
We at By Flowers Boulevard and the website byflowersboulevard.com is in compliant to Australian Consumer Law and Fair Trading Act 2012 and Competition and Consumer Act 2010 within both the Victorian jurisdiction that we are situated in an in the wider Australian and Commonwealth jurisdiction.
About the website
byflowersboulevard.com is an online store that is operated by By Flowers Boulevard located in Canterbury, Victoria, Australia. This website allows customers to browse, purchase, submit a quote, book an appointment and find our contact information.
Liability
It is an essential precondition to everyone who uses our website that they agree and accept that By Flowers Boulevard is not legally responsible for any loss or damage you might suffer in relation to the use of our website, byflowersboulevard.com, whether it be from errors or omissions in our own documentation or information, any goods or services that we offer or from any other use of the website not already listed. It should be noted that the use of any information or materials on our website is entirely at your own risk, which we shall not be liable for.
It is your own responsibility to ensure the products, services or information that is available and accessible on our website meet your own, specific requirements. In accepting our terms, you acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by the law.
Payment
If the customer is not charged upon checkout, we will promptly contact the customer with alternative methods of payment. It is our policy that we do not deliver or make up arrangements or products until the payment is received. The customer has up to 30 days or 3 days before their delivery day, whichever comes first, to pay before their order becomes invalid in the event if they are not charged upon checkout.
Delivery and delivery charge
The responsibility to ensure all goods are delivered to secure addresses (apartments, flats and units) will be received by the recipient falls on the purchasers. However, By Flowers Boulevard will contact the recipient (or the contact supplied to us) to notify them that we have delivered or attempted to deliver the item. It should be noted, in the event of a redelivery (where the purchaser has chosen a zone 2 or 3 delivery option) an additional delivery charge will be incurred, which we will contact the purchaser to notify them.
As we use courier companies to deliver the physical items, we cannot give a definite answer of when the item will arrive, we can only give a rough estimate, which we cannot be held accountable if the item arrives outside of the estimate. Damaged or lost goods during delivery must be notified immediately with photo evidence; the goods will be replaced at By Flowers Boulevard’s discretion. Deliveries are processed promptly upon receipt of full payment.
For customers who select the wrong delivery zone, we will adjust the flower value accordingly to amend the difference of the delivery fees.
The zones for the delivery options is detailed below:
Local Zone: Canterbury, Balwyn, Balwyn North, Surrey Hills, Mont Albert
Zone 1: Within 7km radius of 225 Canterbury Rd, Canterbury, Victoria 3126
Zone 2: Within 15km radius of 225 Canterbury Rd, Canterbury, Victoria 3126
Deliveries beyond the 15km radius will be organised at the discretion of By Flowers Boulevard with trusted local florists within that area.
Link to other websites
By Flowers Boulevard may provide links to other websites or information on those other websites for customer convenience. However, this does not necessarily mean we are sponsoring, endorsing, approving or have an arrangement with the owners of those other websites. We take no responsibility for any of the content found on the linked websites.
Our website may contain information provided by third parties which By Flowers Boulevard bears no responsibility whatsoever for information or advice provided to you directly by those third parties. We are only making a recommendation and are not providing or offering any advice nor do we take any responsibility for any advice received in this regard.
Disclaimer
To the fullest extent permitted by law, By Flowers Boulevard completely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. By Flowers Boulevard gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
While we, endeavour to have the most accurate, reliable and up to date information on our website at all times, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability or otherwise.
It is the sole responsibility of the customer or the visitor of the website and not the responsibility of By Flowers Boulevard to bear any entire costs of servicing, repairs or correction. Some of the above may not apply to you -the customer or visitor - but you, must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it; and must also bear the responsibility and consequences associated with it.
Copyright, trademark and restriction of use
By Flowers Boulevard expressly reserves all copyright and trademark in our website and in all documents and information on our website and reserves the right to take action against you if you breach any of these terms. Any redistribution or reproduction of part or all the contents in any form is prohibited other than strictly for personal use and viewing. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Whole agreement
These terms and conditions represent the whole agreement between you and By Flowers Boulevard concerning your use and access to By Flowers Boulevard’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
Exclusion of unenforceable terms
Where any clause or term above would be any applicable statute be illegal, void, or unenforceable in any State or Territory then such clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
Jurisdiction
This agreement and this website are subjected to Victorian and Australian laws. If there is a dispute between you, the customer or visitor, and By Flowers Boulevard that results in litigation then you must submit to the jurisdiction of the courts of Victoria.