Terms and Conditions
Acceptance of these terms and conditions is a condition of ordering from Globe Valley Pty Ltd (ABN 54056599654) T/A zFlowers.com located at 32c Talbot Ave, Como, Western Australia, 6152 and is your acknowledgement that you have read, understood and agreed to be bound by them.
The "Service" is the zFlowers.com site, the software associated with the site and the facility to enter into transactions with certain parties whose content appears on the site. When you access the zFlowers.com site (a "Visit"), you are using software which is owned by or licensed to zFlowers.com. For each Visit, zFlowers.com, grants you a personal non-exclusive license to use the software associated with the site for the duration of your visit to the site. Any other use, commercial or otherwise, of the software or information on the site without the express written permission of zFlowers.com is strictly prohibited, including any reproduction, data mining, automated querying or similar data extraction processing.
What We May Do
Because we are reliant on the availability of flowers and florists in a particular geographic location and pricing from our flower and gift distribution partners, we reserve the right to amend your order in consultation with you in the event of an error by these third parties. In such circumstances additional charges may have to be paid by you and/or your order may need to be changed to meet your delivery requirements, after consultation with you.
What You Acknowledge
You acknowledge that some of the material accessible through the Service and provision of product is provided by third parties. This material does not form part of the Service, and we are not responsible for this material. Where the Service provides the facility to enter into transactions with third parties, you acknowledge that the goods or services offered by these third parties do not form part of the Service, and that we are not responsible for those third parties or the goods or services they offer. Florists and other third party providers (couriers etc.) impose different terms and conditions on the sale of specific flower and gift products featured on this site.
You should carefully read all the terms and conditions specific to the product you are ordering before finalising your transaction. You grant us an ongoing consent to use your information to promote and market our products and services and make other offers to you (including by making telemarketing calls to you, and sending you electronic messages including via email and SMS).
You acknowledge that this consent continues indefinitely until such time as you expressly withdraw it. If you do not wish us to contact you or you would like us to stop promoting and marketing products, services and other offers to you, please unsubscribe.
You consent to us supplying your billing, payment and identification information to third parties with whom you enter into transactions using the Service. We may also provide such personal information to third parties as is required to complete your order.
You authorise our agents to disclose your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card and identification details that you provide. You also authorise your credit card issuer or financial institution to verify that the credit card and identification details you have provided to us are accurate. You authorise our agents to take steps to confirm that there is sufficient credit on your credit card account to meet likely charges. For any payment by credit card, orders will not be processed until authorisation has been obtained from the relevant card company. You authorise our agents to charge all fees incurred to the credit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due on demand.
zFlowers.com reserves the right to amend charges based on additional items ordered, remote delivery, redelivery etc. Before we proceed to deliver your order, various checks are taking place to validate the integrity of credit card information and in certain circumstances the credit card holder will be required to submit verification documentation to substantiate identity.
Failure to do so promptly could lead to delay of order delivery, of which zFlowers.com will not compensate or be responsible for. The intent of this process is to reduce any potential risk for fraud. In circumstances where we cannot contact the card holder and the order period lapses thereby making the order invalid, we will have no choice but to cancel the order. Under these circumstances we accept no responsibility. We reserve the right at our absolute discretion to decline or accept orders made for any reason.
Please note, any confirmed order is subject to your credit card approval for the transaction. In an eventuality where your credit card is not approved we will attempt to contact you but hold no responsibility for any subsequent non delivery of order in the event we are unable to establish contact with you; zFlowers.com will also not be held responsible for delay of order delivery resulting from the credit card verification process. Should you choose to cancel the order at the point or after the verification of your credit card, standard cancellation and processing fees will apply.
To further protect you as the "customer", zFlowers.com cannot disclose any details pertaining to your order to any third party representative without your written consent. All enquiries (including telephone calls, emails and chat requests) must be initiated by you (the "customer"). On occasions where there is an issue with your order, zFlowers.com can only talk to you (the "customer") to rectify, clarify and come to a mutual resolution.
What You Must Do
By using our Site, you warrant to us that you are at least eighteen years old. You must not use the Service for any activities which breach any laws, infringe any party's rights, or breach any standards, content requirements or codes promulgated by any relevant authority. You must not use the Service in any way which interferes with other users or defames, harasses or menaces anyone. You indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to use of the Site by you or any other person using your membership identification or password. You acknowledge that copyright subsists in all software, including HTML code, provided in association with your order. You must not grant a third party the right to access and use the Service. You must not disassemble, decompile, or reverse engineer the whole or any part of the software except to the extent allowed by relevant government authorizes and legislation. You acknowledge that we may receive a commission or an affiliate fee from transactions entered into using the Site. You agree that as a member you will be automatically added to our email newsletter for product and promotional updates. If you do not wish to continue to receive these newsletters, you will be given the option to unsubscribe in the newsletter.
About Our Liability
All warranties and other terms which are not expressly included in these terms and conditions are excluded to the maximum extent permitted by law. Where we are liable to you under these terms and conditions, to the maximum extent permitted by law our liability will be limited, at our option, to resupply of the order or the cost of resupplying the order. To the maximum extent permitted by law, zFlowers.com, excludes all liability in relation to the order. We are not liable for any inconvenience caused or expense incurred as a result of any unsuitability of flower products provided, except to the extent that liability in relation to those matters may be imposed on us by legislation that cannot be excluded. zFlowers.com's role in relation to your order is limited to facilitating your order and arranging for its delivery, payments and refunds as applicable. zFlowers.com accepts responsibility for the performance of this role and for the negligence of its employees. However, to the maximum extent permitted by law, zFlowers.com disclaims all liability for any technical errors, inaccuracies in information supplied by third parties, or failure by zFlowers.com to complete orders where that failure is due to circumstances beyond its control.
Refunds & Cancellations
Orders in progress (either in preparation or being delivered) and same-day orders may not be cancelled or refunded. Same-day orders to delivery addresses outside major urban areas may be processed after the preferred delivery date.
Orders that are not currently in progress may be cancelled on request and at the discretion of zFlowers.com. A processing and handling fee of up to 50% of the total order cost may be charged.
If a delivery has been attempted unsuccessfully and requires a second or subsequent delivery, an additional delivery fee may apply. Instances including, but not limited to the following may result in an unsuccessful delivery; recipient is not available or is not located at the delivery address provided, incorrect recipient information was provided, no safe location was available to leave the product unattended at the premises, recipient address is not apparent and/or additional information is required to locate the physical address. In the event of an order re-delivery, you may be charged an additional delivery fee without notice to ensure the timeliness of delivery, however, zFlowers.com will always attempt to contact you to advise that a re-delivery will occur.
All quality complaints, non-delivery complaints or cancellation requests must be received by zFlowers.com within 3 days from your preferred delivery date and this must be done using the feedback form. An investigation will be carried out with each valid complaint and a response communicated as soon as possible. If proof of delivery or additional supporting documentation is required this may take up to 5 working days.
zFlowers.com accepts no responsibility or liability for any failure or delay on the part of a third party where your order has been processed by it; where zFlowers.com is liable to you under these terms and conditions its liability will be limited to helping facilitate a complimentary redelivery of the ordered product. In certain circumstances and at the discretion of zFlowers.com, a store credit may be offered as an act of good faith.
Where a cancellation is applicable, zFlowers.com will process such proven requests within 14 days. Monies are credited back to the same account which was used to place the order and in the same currency. Any monies processed back to the account used to place the order will be subject to the processing time of your financial institution which is beyond the control of zFlowers.com.
What We May Do
We reserve the right to amend your order in consultation with you in the event of a seasonal flower stockouts or, in circumstances beyond zFlowers.com control. You should carefully read all the terms and conditions specific to any product you are ordering before finalising your transaction.
Amendments to Agreement
We may amend this agreement at any time by posting the revised version of the agreement to the zFlowers.com web site. For new orders, the amended agreement will take effect from the time of posting on the Site. For existing orders the prior Agreement will govern the order until completion.