Terms & Conditions
The following Terms and Conditions govern the use of Flourish Floral Designs’ Online Service (the Service) including shopping and participation in promotions run by Flourish Floral Designs through it’s web site www.flourishdesigns.co.nz (the Site) and other channels including but not limited to specific purpose web sites, showroom sales, telephone, mail and fax order. You can access this Agreement at any time from any page of the Site.
Using this website to place an order indicates your acceptance of these Terms and Conditions.
We make every effort to ensure all information on this site is accurate and up to date. However, in the event a product is listed at an incorrect price, or with incorrect information, Flourish Floral Designs shall have the right to refuse or cancel any order placed for product listed at the incorrect price. Flourish Floral Designs shall have the right to refuse or cancel any such order whether or not any such order has been confirmed and your credit card charged. If your credit card has already been charged for such purchase and your order is cancelled, Flourish Floral Designs shall refund the amount of the charge.
All prices in the shopping areas are in New Zealand dollars (NZ$) and include GST. Subject to the previous clause, all prices are correct at time of publication and the prices published on the Site at the time and date of the purchase will be the final price paid. The time and date of purchase is the time and date we confirm your order by sending goods to you. However we reserve the right to alter prices for any reason.
Risk of Loss
In the case of all items purchased from Flourish Floral Designs, the risk of loss and title for such items passes to you upon our delivery to the carrier. Flourish Floral Designs is deemed to have fulfilled its obligations to deliver the goods when they are handed to the carrier.
If you are acquiring goods from us for on-sale, or otherwise for business purposes, the Consumer Guarantees Act 1993 does not apply. Nothing in these terms and conditions is intended to be inconsistent with consumers’ rights under the Consumer Guarantees Act and in the event of any inconsistency the Act overrides the relevant part of these terms and conditions. In any case, where the Consumer Guarantees Act does apply, if any of the goods fail to comply with any guarantee in the Consumer Guarantees Act, Flourish Floral Designs will repair or replace those goods. The Customer acknowledges that Flourish Floral Designs does not provide any Express Guarantees (as defined in that Act) other than those expressly confirmed by Flourish Floral Designs in writing;
If the Customer supplies the goods to any person, the Customer must not give or make any undertaking assertion or representation in relation to the goods without Flourish Floral Designs’s prior approval in writing, and the Customer must give the person buying the goods such product information relating to the goods as Flourish Floral Designs requires, and the Customer agrees to indemnify Flourish Floral Designs against any loss, liability or cost incurred by Flourish Floral Designs under the Consumer Guarantees Act 1993 or otherwise as a result of any breach by the Customer of these obligations.
Return of Goods
Flourish Floral Designs will replace any defective goods at no cost to the purchaser. Please contact Flourish Floral Designs for detailed instructions should you require assistance. Flourish Floral Designs will not accept the return of non-defective goods (such as where the Customer has ordered the wrong size or colour) for credit or any other purpose unless Flourish Floral Designs agrees to accept the return of the goods and advises the Customer a return advice number prior to the return of goods. Return of goods will only be accepted for credit or exchange within 14 days of delivery, unless due to Flourish Floral Designs’s error. Return freight will be at Flourish Floral Designs’s cost only when there has been an error on Flourish Floral Designs’s part.
No returned goods shall be accepted by Flourish Floral Designs (even if Flourish Floral Designs agree to do so) if they have been tampered with by you or any other person and are not as new, if they are goods expressly sold on a non-return basis, or if they are not accompanied by the return advice number referred to above. Where goods are returned to Flourish Floral Designs but not accepted as above, they shall be returned to you at your expense.
Receipt by Flourish Floral Designs or by any of our agents or representatives of any goods returned other than in accordance with the above two paragraphs shall not constitute nor be deemed to constitute Flourish Floral Designs’s acceptance of the return of the goods for credit or any other purpose.
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Flourish Floral Designs is not responsible for the operation of or the content on any such site.
If you have any queries regarding shopping with Flourish Floral Designs, please email, fax or call us – details on the Contact Us page.
Use of the Service by You
Your right to use the Service is personal to you. You may not authorise others to use the Service, and you are responsible for all of your own use of the Service.
You may not download, modify, transmit, or otherwise use any material from the Service for public or commercial purposes.
The Service’s content, information and advice is offered free of charge (unless otherwise stipulated). However you are responsible for your own network and connection charges.
Flourish Floral Designs will over time provide content and information, which children may find interesting and may wish to access. However, no one under the age of 13 years is allowed to provide any personal information. Minors under the age of 18 years are prohibited from making purchases, including subscriptions, on the Service.
Ownership of Site
This Site is owned and operated by Flourish Floral Designs, doing business as UrbanFlowers.co.nz. All of the content included on this Site, including, but not limited to, text, graphics, logos, icons, images, and software is the property of Flourish Floral Designs or its suppliers and protected by New Zealand and international copyright laws. You are welcome to access and use this site and to view and print one copy of any material on it for your personal, non-commercial use and without removing any of our trade marks or copyright notices. No other copying is permitted without our consent in writing.
This Service provides general information about Flourish Floral Designs and the products and services they offer. The information contained in the Service has been prepared solely for the purpose of providing information about Flourish Floral Designs, its suppliers, subsidiaries and the services and products they offer. Flourish Floral Designs reserves the right to change delete or move any of the material on the Service at any time without notice.
To the fullest extent permitted by law, Flourish Floral Designs and its affiliates shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access the Service. This includes viruses alleged to have been obtained from the Service, your use of or reliance on the Service or any of the information or materials available on the Service, regardless of the type of claim or the nature of the cause of action.
Except as specifically stated in these terms and conditions, or elsewhere on this Site, or as otherwise required by applicable law, neither Flourish Floral Designs nor its directors, employees, licenses, content providers, or other representatives will be liable for damages of any kind (including, but not limited to, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, or inability to use, or the performance of this Site or the content thereof, whether or not we have been advised of the possibility of such damages.