Terms and Conditions


Acceptance

(a) By using this website, you agree to be bound by these terms and conditions
and our Privacy Policy (collectively, the terms).


(b) You should review our terms carefully and immediately stop using this website
if you do not agree to the terms. For clarity, if you continue to use this website,
your conduct will constitute acceptance of the terms.


Orders

(a) You can place an order by making the order on this website or by emailing us at hello@everbloome.com.au.
(b) We may accept or reject an order, or any variation or modification of an order,
in our sole discretion (including orders made under Subscription
Arrangements).


Pricing and payment 

3.1 Pricing
(a) Our pricing will be in accordance with our then current price list which will be
notified to you prior to you placing an order.
(b) All price indications or price lists provided by us are subject to alteration without
prior notice. For clarity, we will not change the price of any goods after we
accept your order. In the case of Subscription Arrangements, the updated
pricing will be applied to you in your next invoice.

3.2 Payment
For orders other than under Subscription Arrangements, the full price must be paid
upon our acceptance of your order. Subscription Arrangements must be paid in
accordance with clause 4(c) .

3.3 Failure to pay
If you fail to pay for your order, we will:
(a) not commence processing the order until payment is received; or
(b) not provide you with the goods or arrange delivery until we receive payment.

3.4 Payment methods
(a) All payments must be made in cash, via a credit card provider, or by electronic
funds transfer to our bank account.
(b) If you pay for any goods via a credit card provider, we reserve the right to
charge you a credit card processing fee proportionate to the amount that we
incur for processing the relevant payment. 


Subscription Arrangements

(a) We offer Subscription Arrangements to receive flowers on either a weekly,
fortnightly or monthly basis.
(b) Our Subscription Arrangements are offered on an ongoing basis, and we
require that you provide 30 days’ prior written notice if you wish to cancel your
Subscription Arrangement.
(c) We will invoice you for your Subscription Arrangement on a monthly basis in
advance. We reserve our rights not to deliver an order under your Subscription
Arrangement if you have not fully paid our invoice in advance.


Promotions

If we run any promotions, you may need to separately agree to any applicable terms which regulate those promotions. In the event of a direct inconsistency between the terms which regulate a promotion and these terms, the terms and conditions regulating the promotion will prevail to the extent of that inconsistency.


Limitation of liability

8.1 Access and accuracy of informationTo the maximum extent permitted by law, including the Australian Consumer Law,  we make no representations or warranties in relation to this website or any content contained herein, including (without limitation) representations or warranties that the
website and its content will be:
(a) complete, accurate or up-to-date;
(b) able to be accessed without interruption; or
(c) free from:
(i) technical, typographical or photographic errors; or
(ii) cyber security risks.

8.2 Limitations
(a) To the maximum extent permitted by law, including the Australian Consumer
Law, we will not be liable to you in relation to:
(i) any direct or indirect loss (including consequential loss), damage or
expense, irrespective of the manner in which that loss, damage or
expense occurs, that you may suffer or incur in connection with these
terms, the goods, or your inability to use or access this website; and
(ii) any interference, damage or harm to your computer (or related
infrastructure) which occurs in connection with your use of this website (or
any linked website).

(b) You must take appropriate precautions to ensure that you use this website in a
safe manner, including by screening all content of this website for cyber
security threats.


Links


We do not accept responsibility for external materials linked to or otherwise
accessible through this website. We do not review third party sites nor do we control their content. Any links provided to you on this website are merely done for your convenience. These links are not an endorsement of any aspect of the linked website (including any goods or services provided therein).


Intellectual property

10.1 Acknowledgment
You acknowledge and agree that:
(a) this website is owned by us;
(b) the information and material published on this website is subject to Australian
intellectual property laws. By accessing this website, you agree to abide by all
copyright notices and other restrictions provided in connection with the website
and in any associated content; and
(c) we own all of the intellectual property rights arising from or in connection with
this website (including its content and any updates or modifications of same)
and the goods (unless those intellectual property rights are owned by third party
parties).

10.2 Restrictions

Unless we expressly agree otherwise in writing (and except as permitted by law):
(a) nothing in this website may be construed as directly or indirectly granting any
license or other right in connection with any information contained within this
website, other than as expressly set out in these terms;
(b) we do not grant or transfer to you any title, interest or rights in connection with
this website or any content contained herein. However, we do hereby grant you
a single, non-transferable, non-exclusive and revocable license to access this
website and view the content contained herein in accordance with the terms;
(c) you must not modify, copy, adapt, reproduce, distribute, transfer, transmit,
display any aspect of this website as your own, upload to a third party platform,
publish, transmit or otherwise distribute the content of this website in any way;
(d) you must not reverse engineer, exploit to your advantage, reproduce,

republish, license, create derivative works from, or sell any content contained on this website;
(e) you must not use this website or any of the content contained herein to
generate any revenue (including advertising revenue); and
(f) you may not use any material on this website for your personal or a related
parties benefit or advantage, unless such benefit or advantage is derived
directly from the appropriate use and enjoyment of any goods purchased on
this website.


General

11.1 Miscellaneous
(a) The laws of the state of Victoria in the Commonwealth of Australia govern this
agreement. Each party irrevocably and unconditionally submits to the non-
exclusive jurisdiction of the courts in the state of Victoria.
(b) The Terms contain the entire agreement between the parties about its subject
matter. Any previous understanding, agreement, representation or warranty
relating to that subject matter is replaced by this agreement and has no further
effect.
(c) Both parties represent and warrant that they have the power to enter into these
terms and have obtained all necessary authorisations to allow them to do so.
(d) No failure or delay by either party in exercising any right, power or privilege
under these terms will impair the same or operate as a waiver of the same nor
will any single or partial exercise of any right, power or privilege preclude any
further exercise of the same or the exercise of any other right, power or
privilege.
(e) Any provision of these terms which is unenforceable or partly unenforceable is,
where possible, to be severed to the extent necessary to make the terms
enforceable, unless this would materially change the intended effect of the
terms.

11.2 Assignment
(a) You may not assign or otherwise transfer any or all of your rights and
obligations under the terms without our prior written consent.
(b) We may assign, transfer or novate any or all of our rights and obligations under
the terms without receiving your prior written consent

11.3 Amendments
(a) You acknowledge and agree that we may amend the terms from time to time by notifying you in writing. These changes will be deemed to take effect on and
from the earlier of the following to occur:
(i) the date on which you accept such changes;
(ii) at such time as you make a further request for us to provide goods to you;
or
(iii) in the case of Subscription Arrangements, after a period of seven
calendar days after we notified you of the amendments, provided that you
have not objected to such changes in writing prior.

(b) It is important that you regularly check the terms for any updates or
amendments which may occur from time to time.


Definitions

In these terms, unless the context otherwise requires, the following words and
phrases have the following meanings:
(e) “Australian Consumer Law” means Schedule 2 of the Competition and
Consumer Act 2010 (Cth) and its associated regulations as amended;
(f) “courier” means a third-party courier on our preferred supplier list at the
relevant time;
(a) “flowers” means any plant and flower products supplied by us in connection
with the terms;
(g) “goods” means any goods to be made, processed or supplied by us in
connection with these terms, including homewares and flowers. For the
avoidance of doubt, goods includes an individual good;
(b) “homewares” means any homewares to be made, manufactured, processed or
supplied by us in connection with the terms;
(h) “order” means an order for goods made in accordance with these terms. For
the avoidance of doubt, an order is an offer made by you to us, and it includes
orders made under a Subscription Arrangement;
(c) “Subscription Arrangements” means a recurring order at regular intervals for
goods;
(d) “warehouse” means the warehouse located at 1-3 Station Street, Malvern VIC
3144;
(e) “we,” “us”, “our” or “Everbloome” means Everbloome Pty Ltd ACN 640 215
523; and
(i) “you” or “your” means any person or entity purchasing the goods or a party to
these terms.