Terms of Use and Supply

These terms are a contract between you and Flowers Department (ABN 71808912994) (“we”, “us”, “our”), of Waitara NSW 2077. They apply to our website, your account, and every order you place with us.

1. Who we supply

We deliver within New South Wales only, to the areas listed at checkout. You must be at least 18 years old and provide accurate contact and delivery details. Once registered, your email address and phone number are locked for security; to update them, you must contact support. You are responsible for everything done through your account; tell us immediately if you think it has been misused.

If you give us a recipient’s name, address or phone number, you confirm you are entitled to give us those details for the purpose of arranging delivery.

2. How an order is formed

Prices and arrangements shown on the site are an invitation to order, not an offer.

A contract is formed only when we confirm your order — for subscriptions, when our staff approve the order and issue the invoice. Until then we may decline or cancel an order, for example if we cannot service the address, if an item is unavailable, if the price or description was wrong, or if we suspect fraud. We also reserve the right to refuse service, terminate accounts, or decline any order at our sole discretion, without providing a reason. If we decline after you have paid, we refund you in full.

3. Prices, GST and payment

• All prices are in Australian dollars and include GST. The price you see is the total price payable for that item.
• Volume discounts apply automatically where the order value reaches the published threshold.
• Invoices are payable by the due date shown on the invoice, by the method stated on it.
• Deliveries begin once payment is received. If payment is not received by the due date we may suspend deliveries until it is, after giving you notice.
• We may change our prices at any time. A price change never applies to a cycle you have already been invoiced for; for subscriptions we will tell you before the first invoice at the new price.

4. Subscriptions

• A subscription is delivered weekly and billed in 4-week cycles in advance.
• Your first cycle (4 weekly deliveries) is a minimum term. After it, you may cancel at any time; cancellation takes effect at the end of the cycle you have already paid for, and we will deliver the remaining deliveries in that cycle.
• Subscriptions renew automatically for successive 4-week cycles until you cancel. We issue the invoice for the next cycle before it begins, so you always have notice and the chance to cancel before you pay.
• You may pause a subscription for up to 28 days. While paused, you may postpone the next delivery by up to a further 4 weeks (a maximum of 8 weeks total delay). You cannot pause a subscription again until at least one scheduled delivery has been successfully completed since the last pause ended. Paused deliveries are skipped, not billed, and the cycle resumes on the date you choose.
• Changes to your delivery day, time or address take effect only once we have confirmed them.
• Nothing in this clause limits your right to cancel where we have failed to meet a consumer guarantee (see clause 9).

5. Flowers vary — substitution and market availability

Flowers are a natural, seasonal and perishable product bought at market on the day. Stems, flower species, varieties, colours, tones, sizes and open-ness vary between deliveries and can differ from photographs, which are indicative only.

You may select a preferred composition for an upcoming delivery up to 24 hours before 9:00am on the delivery day. However, we reserve the right to substitute any flower species, type, variety, or colour due to seasonality, market availability, weather conditions, or acceptable quality on the day. When substitution is necessary, we will supply flowers of equal or greater value in a similar style, colour palette, and overall look. Substitution on this basis is a normal part of the service and is not, by itself, a defect, fault, or ground for a refund.

If we cannot supply an arrangement in a way that keeps its essential character — for example, we cannot source the dominant flower in a named arrangement — we will contact you before delivery where it is practicable to do so. If we cannot reach you in time, you may tell us within 24 hours of delivery and we will refund that delivery or resupply it, at your choice.

Vases, wraps, containers and decorative elements may also vary and are not included unless the listing says so.

6. Delivery

• We deliver Monday to Saturday, between 9:00am and 8:00pm (AEST/AEDT). The day and hour you choose is a preferred window, not a guaranteed time. Traffic, weather, market conditions, access and volume all affect the run.
• You may reschedule a specific delivery to another day within the same Monday–Sunday calendar week, provided you do so at least 24 hours before the original delivery date.
• If we expect to be materially late or to miss a day, we will contact you and, where a delivery cannot be made, deliver on the next available day or credit that delivery.
• If a specific date or time is essential — an event, a farewell, a birthday — tell us in writing before you order so we can confirm whether we can commit to it. Unless we confirm that in writing, times are estimates.
• Someone should be available to receive the delivery. If nobody is:
  • we may leave the flowers with reception, a mailroom, a concierge, or in a safe, shaded place at the address, and delivery is then complete. Once handed to reception, a mailroom, or a concierge, risk passes to you, and we are not liable for internal delays within your building; or
  • if there is no safe option (e.g., secure office buildings without unescorted access), we will take the flowers back and contact you. A redelivery fee automatically applies to a second attempt caused by an incorrect address, no access, or nobody available.
• Where you (or your instructions) authorise us to leave flowers unattended, risk passes to you at that point. Otherwise, risk passes when the flowers are handed over. Title passes when we have been paid in full.
• Requirements of the building or site — dock access, security, sign-in — are your responsibility to arrange.

7. Looking after your flowers

Flowers are perishable living products and their natural life depends on care, conditions, and environment (typically 3–5 days depending on variety). Follow the care notes we supply: trim stems, use clean water, change the water daily, keep the arrangement out of direct sun, heat, drafts, and air conditioners. We are not responsible for deterioration caused by environmental conditions or how the flowers were kept after delivery.

7A. Safety, toxicity and property protection

• Toxicity & hazards: Flowers, foliage, and decorative elements can be toxic if ingested by humans or animals (such as pets), and may feature sharp thorns, sap, or dyes. It is your responsibility to keep arrangements out of reach of children and pets and in a safe environment.
• Property damage: Flower stems, water, sap, and pollen (e.g. from lilies) may stain, discolor, or damage furniture, wooden surfaces, stone, carpets, electronics, or clothing. You are responsible for placing arrangements on suitable protective surfaces. To the extent permitted by law, we are not liable for any property damage, staining, or leaks once the arrangement has been delivered.

8. If something is wrong

Contact us as soon as you can, ideally within 24 hours of delivery, with photographs of the arrangement and the packaging, and keep the arrangement available for us to inspect or collect. Early notice lets us assess a claim about a perishable product properly. We cannot process a refund or replacement if the flowers have been disposed of before you provide photographs or allow us a reasonable chance to assess them (subject to your rights under the Australian Consumer Law). Late notice may make that harder, but it does not remove any right you have under the Australian Consumer Law.

Where we are at fault, we will resupply the arrangement, deliver a replacement on the next available day, or refund that delivery. Because flowers are perishable and made to order, we do not offer change-of-mind returns.

9. Your rights under the Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures you are entitled to a replacement or refund, and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they are not of acceptable quality and the failure is not a major failure.

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded. Anything in these terms that would do so does not apply to that extent.

10. Our liability

Subject always to clause 9, and to the extent permitted by law (including Section 64A of the Australian Consumer Law for business-to-business transactions):

• our liability for failing to meet a consumer guarantee is limited, at our option, to resupplying the goods or services, or paying the cost of resupplying them;
• we are not liable for indirect, incidental, punitive, special, or consequential loss, or for loss of profit, revenue, business, goodwill, opportunity or anticipated savings;
• flowers naturally produce pollen, sap, and fragrance. It is your responsibility to ensure the arrangement is placed in a space suitable for your staff, visitors, or recipients, and we are not liable for allergic reactions, health conditions, or pet toxicity;
• our total aggregate liability for any claim connected with an order or service is limited to the amount you paid for the delivery the claim relates to;
• we are not liable for loss caused by inaccurate delivery details you gave us, by a recipient refusing delivery, or by conditions at the delivery address.

We are not responsible for delays or failures caused by events outside our reasonable control — extreme weather, crop failure, market closure, fire, flood, industrial action, disease outbreak, road closure or failure of a third-party carrier. We will tell you as soon as practicable and either reschedule or credit affected deliveries.

11. Suspension and cancellation by us

We may suspend or cancel a subscription or order if payment is overdue after notice, if the delivery address cannot be safely serviced, or if our staff are subjected to abusive or unsafe behaviour. Where we cancel for these reasons we refund deliveries you have paid for but not received.

12. Your personal information

We handle personal information in line with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. See our Privacy Policy for what we collect, why, and how to access, correct or complain about it. We send you service messages about your orders; marketing messages only go out with your consent and always carry an unsubscribe option, as required by the Spam Act 2003 (Cth).

13. Our content

The site, our photographs, arrangement designs, text and branding belong to us or our licensors. You may use the site for your own ordering, and not otherwise copy or reuse our content without our written permission.

14. Changes to these terms

We may update these terms. The version you accept when you place an order is the version that governs that order — later changes do not apply retrospectively to orders already placed or to a subscription cycle already invoiced. For subscriptions, we will give you at least 14 days’ notice of a change before it applies to your next cycle, and you may cancel before it takes effect if you do not accept it.

15. Complaints, governing law

Please contact us first at service@flowers-department.com.au or 0485753450 — most issues are settled quickly. You may also contact NSW Fair Trading or the ACCC about your consumer rights.

These terms are governed by the laws of New South Wales, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of that State. If any provision is unenforceable, it is severed and the rest continues to apply.