Terms & Conditions
This website is operated by The Petalier (ABN 52 416 921 865) ("The Petalier" or "We"). When you use the Site, you agree to the terms and conditions that follow. These terms and conditions also govern the supply of any goods to you by The Petalier whether facilitated by the Site or by any other means. If you do not agree to these terms and conditions, you should immediately cease use of the Site. The use of the Site and the provision of goods to you by The Petalier is conditional on your acceptance without modification of the terms and conditions.
These terms and conditions supersede and exclude all prior and other discussions, dealings, representations and arrangements relating to the use of the Site and/or the supply of goods by The Petalier.
Any failure on the part of The Petalier to exercise or any delay in exercising any right, power or remedy pursuant to these terms and conditions does not operate as a waiver. If any term of these terms and conditions is unenforceable or invalid, such term(s) will be severed and the remaining terms will continue to bind the parties.
We reserve the right, at our complete discretion, to change these terms and conditions at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these terms and conditions. Your continued use of this site following the posting of changes to these terms and conditions means you accept the changes.
The Petalier has sole discretion to accept or reject any order or any variation or modification of an order. The Petalier has sole discretion to accept or reject any order cancellation request. The Petalier expressly reserves the right to cancel and/or refund any order placed and/or paid for.
Any price indications or price lists provided by The Petalier are subject to alteration at any time without notice. For the avoidance of doubt this includes subscription arrangements.
The Petalier will make all reasonable efforts to have the flowers delivered to you on the date they are ordered unless stated otherwise. However, time is not of the essence under these terms and conditions and The Petalier shall not be liable for any failure to deliver or delay in deliver for any reason.
Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis. We reserve the right to restrict or terminate your access to the Site or any feature or part of it at any time. The Petalier does not guarantee that prices or promotions displayed on the site are valid at time of ordering.
To the maximum extent permitted by applicable law, The Petalier expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, satisfactory quality and fitness for a particular purpose and any warranties that access to the Site will be uninterrupted or error-free, that the site will be secure, or that information on the site will be complete, accurate or timely.
Limitation of Liability
To the fullest extent permitted by applicable law, you understand and agree that neither The Petalier nor any of its third-party content providers shall be liable for any direct, indirect, incidental, special, consequential, punitive, or any other damages relating to or resulting from your use of or inability to use the Site or from any actions we take or fail to take as a result of electronic mail messages you send us. These include, but are not limited to, damages for errors, omissions, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorised access to and alteration of your transmissions and data, and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence, or otherwise, and even if we or our representatives have been negligent or have been advised of the possibility of such damages.
Use of Material From The Site
The Site (including all its content) is the property of The Petalier and is protected by copyright and other laws of Australia and other countries. You agree that you will not use any material from the Site for your personal or a related parties benefit or advantage.
The Site may contain links to other Internet sites which are not controlled, associated or affiliated with The Petalier. The Petalier is in no way responsible for any content appearing on such an Internet site or webpage. The Petalier also cannot accept any responsibility or liability for any loss, damage, legal fees, costs or expense you might incur as a result of use reliance upon the materials which appear at the linked Internet sites or webpages.
The Site is operated by The Petalier in Victoria, Australia. The laws of Victoria, Australia govern these terms and conditions and your use of the Site, and you irrevocably consent to the jurisdiction of competent courts located in Victoria, Australia for any action to enforce these terms and conditions.