Policies: Returns, Privacy

&

Terms and Conditions.

RETURNS AND REFUNDS 

Forage Flowers handles returns and processes refunds in accordance with the Australian Consumer Protection legislation. As each flower is unique, so too, are your requirements and concerns surrounding your order. For that reason, we ask that you please call us on +61 409 238 465 to discuss any queries or concerns you may have in relation to your purchase. Different resolutions may be available to you, subject to your situation.  

Should you wish to return your online order, please notify us within 24 hours of receipt of your online order. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Note: All refunds for orders placed online are credited back to the original credit card on which the order was purchased. Refunds for all other purchases may be processed through the original form of payment. 

RETURNS AND REFUNDS FOR EVENTS SUCH AS WEDDINGS 

All quotes for weddings are valid for 7 days from the date of issue. 

A non-refundable deposit of $150 is to be paid within 7 days of the invoice issue date. 

Invoices must be paid in full 30 days prior to the day of the wedding. 

Cancellations – a full refund will be issued less the non-refundable deposit if cancelled no less than 14 days prior to the wedding date. 

TERMS & CONDITIONS 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. 

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy, govern Forage Flowers’s relationship with you in relation to your use of this website. 

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Forage Flowers and “You” and “Your” refers to you, the client, visitor, website user or any person using our website. 

AMENDMENT OF TERMS 

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. If you choose to use our website, then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Forage Flowers’s rights and obligations to each other.  

LIMITATION OF LIABILITY 

It is an essential pre-condition to you using our website that you agree and accept that Forage Flowers is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer, or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. 

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. 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 law.  

COMPETITION AND CONSUMER ACT 

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Forage Flowers’ liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again. 

You must be over 18 years of age to use this website and to purchase any goods or services. 

DELIVERY OF PHYSICAL GOODS 

Forage Flowers uses trusted external couriers and/or other reputable courier companies to deliver physical goods. Orders will not be dispatched until full payment is received and Forage Flowers is satisfied with the integrity of the order. It is your obligation to enter the correct delivery address details at the time of ordering. If the delivery details you have given are incorrect, Forage Flowers will not refund any payment. If you wish to send the order again it will be at full expense. Delivery times may vary depending on the delivery method chosen. Forage Flowers is not responsible for goods that are either damaged in transit or not received. Normal delivery hours for Forage Flowers are between 9am and 5pm (AEST) Mon-Sat. Forage Flowers cannot guarantee a specific delivery time. We will make every attempt to fulfil your request but cannot guarantee it. As Forage Flowers is closed on public holidays, we will deliver your purchase on the next available business day. Prices of goods and services and delivery and other charges displayed on the Forage Flowers website are current at the time of display. These prices are subject to variation without notice. We will always attempt to be as accurate as possible with our product descriptions and pricing. All prices quoted are inclusive of GST and all prices are quoted in Australian dollars. Flowers/plants are seasonal and subject to availability.  

CANCELLATION 

Should you need to cancel your order, the full amount will be refunded, ONLY IF notice is received by Forage Flowers 24 hours prior to the scheduled delivery date. Cancellations received with less than 24 hours notice prior to the date of delivery will be charged at 50% of the total order value. We are unable to cancel orders that have already been created and are in the process of being delivered. 

WEBSITE DISCLAIMER 

To the fullest extent permitted by law, Forage Flowers absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Forage Flowers 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. 

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, 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 your sole responsibility and not the responsibility of Forage Flowers to bear any entire costs of servicing, repairs, or correction. The applicable law in your state of territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you 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. It is your responsibility to do so. 

YOUR PRIVACY 

At Forage Flowers, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. Forage Flowers respects the privacy and confidentiality of the information provided by you and adheres to the national privacy principles established pursuant to the Privacy Act 1988 (Commonwealth). 

Please read our separate Privacy Policy carefully. 

THIRD PARTIES 

Forage Flowers does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and its services but not for any other use. 

DISCLOSE YOUR INFORMATION  

Forage Flowers may be required, in certain circumstances, to disclose information in good faith and where Forage Flowers is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of Forage Flowers, its customers or third parties.  

EXCLUSION OF COMPETITORS 

 If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Forage Flowers. Forage Flowers expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Forage Flowers will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use.   

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE 

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise distribute any of the materials, documents or products that may be available for download from time to time on this website. 

Forage Flowers expressly reserves all copyright and trademark in its website and in all documents and information on its 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 of the contents in any form is prohibited other than the following: you may print or download to a local hard disk content for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. 

You may not, except with our express written permission, distribute or commercially exploit the content.  

WHOLE AGREEMENT 

These terms and conditions represent the whole agreement between you and Forage Flowers concerning your use and access to the Forage Flowers 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 by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a 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 subject to the laws of Tasmania and Australia. If there is a dispute between you and Forage Flowers that results in litigation, then you must submit to the jurisdiction of the courts of Tasmania. 

PRIVACY POLICY 

YOUR PRIVACY 

Personal Information refers to any information which may identify an individual personally, such as first and last name, home address, billing address, or other physical address, email address, telephone number, etc. “User” refers to a visitor to Forage Flowers’ websites. A User includes existing customers, new customers, and potential customers. 

At Forage Flowers, we are committed to protecting your privacy as an online visitor to our website. We use the information we collect about you to maximise the services that we provide to you. Forage Flowers respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles.  

You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by secure servers. The secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data Forage Flowers collects is secured against unauthorised use or access. Credit card information is not stored by us. 

STORAGE AND SECURITY OF YOUR INFORMATION 

We collect personal information that is reasonable or necessary to accomplish the purpose of your interaction with Forage Flowers as a User, with the intention of improving the user experience and for providing you our Services. As a User of Forage Flowers’ Site, when you interact on Forage Flowers’ Site, you entered into an agreement with Forage Flowers to accept Forage Flowers Terms of Use of the Services on our site. When you use Forage Flowers’ Services, we may collect personally identifiable information as that of a User; information such as name, address, mobile, non-transaction payment type information, and usage data in relation to the Services and other information we deem relevant for the purpose of providing the Services. We receive and store information you enter on our website or give us in any other way from time to time. You may provide basic contact information such as your name, phone number, address, and email address to enable us to send information or process your product order and we may also collect additional information at other times, including but not limited to, when you provide feedback, change your content or email preferences, respond to a survey, or communicate with forageflowerstasmania.com.au customer support or queries. 

We may use personal information and data collected from you to: 

  • Send you communications about our Site or respond to inquiries. 

  • Initiate communications to elicit your response regarding assistance from us on your user experience on our Site. 

  • Send you communications and updates about Forage Flowers’ Services, including newsletters. 

  • Provide support for Forage Flowers’ Services 

  • Enhance or improve user experience, our Site, or Forage Flowers’ Services. 

  • Perform any other function that we believe in good faith is necessary to protect the security or proper functioning of our Site or Forage Flowers’ Services. 
     

We respect the privacy of our online visitors. We may collect information on or through this website that can personally identify you. For example, we collect personally identifiable information which you volunteer to us to respond to visitor questions and comments about us and our products and services, and to mail e-newsletters (“Personal Data”). We may use your non-personal identifiable testimonials along with those of other satisfied customers on our Site in addition to other endorsements. 

We will use all reasonable means to protect the confidentiality of your Personal Data while in our possession or control. We will not knowingly share any of your Personal Data with any third party other than our service providers who assist us in providing the information and/or services we are providing to you. To the extent that we do share your personal information with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy. Some of our service providers may be overseas and may not be subject to Australian Privacy Laws. Please contact us if you require specific details. 

Individual profile and company details are not used for any other purpose. Details are only supplied to a third-party supplier when it is required by law, for goods or services which you have purchased or to protect forageflowerstasmania.com.au copyright, trademarks and other legal rights. 

Any non-personal information, communications and material you send to this website or to us by email, or which we obtain from third parties without promises of confidentiality, may be kept, used and disclosed by us on a non-confidential basis. We are free to use and reproduce any such information freely, and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products. 

COOKIES 

A cookie is a small file placed in your web browser that collects information about your web browsing behaviour. Use of cookies allows a website to tailor its configuration to your needs and preferences. Cookies do not access information stored on your computer or any personal information (e.g. name, address, email address or telephone number). Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of a website. 

Our website uses cookies to analyse website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit. 

  

DISCLOSURE OF YOUR INFORMATION 

We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, forageflowerstasmania.com.au may use your Personal Data to protect the rights, property or safety of forageflowerstasmania.com.au, its customers or third parties. 

Finally, if there is a change of control in one of our businesses (whether by merger, sale, or otherwise), or a sale or transfer of its assets, customer information, which may include your Personal Data, could be disclosed to a potential purchaser under an agreement to maintain confidentiality, or could be sold or transferred as part of that transaction. Finally, we would only disclose your information in good faith and where required by any of the above circumstances. 

THIRD PARTIES 

Forage Flowers does not and will not sell or deal in personal or customer information. We will never disclose your personal details to a third party except the necessary information required by providers of products or services you have purchased or to protect the rights, property or safety of Forage Flowers, its customers or third parties or if required by law. 

We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use. 

SECURITY 

Forage Flowers strives to ensure the security, integrity and privacy of personal information submitted to our website, and our website hosting provider (Squarespace Inc.) will periodically update its security measures in light of current technologies. These measures include using SSL Certificates. For more information on Squarespace Inc.'s privacy policy please refer to www.squarespace.com/privacy. 

ANONYMITY 

Forage Flower customers have the right to remain anonymous except in those transactions (such as Credit Card or Account sales) where personal information is required to complete such transactions. In the case of floral or gift deliveries forageflowerstasmania.com.au will not disclose the sender information to the recipient unless specifically requested to do so by the customer. We treat the data of everyone who comes to our site in accordance with this Privacy Policy, regardless of their web browser’s Do Not Track setting. 

  

LINKS 

Forage Flowers may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, approval or arrangement between Forage Flowers and the owners of those websites. Forage Flowers takes no responsibility for any of the content found on the linked websites. 

The Forage Flowers website may contain information provided by third parties for which Forage Flowers accepts no responsibility whatsoever for this information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard. 

Please be aware that forageflowerstasmania.com.au is not responsible for the privacy practices of other websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each website that collects personally identifiable information. This privacy statement applies solely to information collected by this website. 

REGISTERED CUSTOMER ACCOUNTS 

You may register as forageflowerstasmania.com.au customer when placing an order online. As a registered forageflowerstasmania.com.au customer you may update or edit your customer account at any time. Please advise us in writing via email if you wish to terminate your account. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times. As a registered forageflowerstasmania.com.au customer, you are responsible for maintaining the confidentiality of your own membership account and password. You agree to take responsibility for all activities that occur under your membership account and password. 

CHANGE IN PRIVACY POLICY 

As we plan to ensure our privacy policy remains current, this policy is subject to change. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this website. Please return periodically to review our privacy policy. 

If you are a visitor to this Site and disagree with the Privacy Policy, you should leave the Site. 

If you have any questions or concerns at any time about our privacy policy or the use of your personal information, please contact us on +61 409 238 465.