Terms and Conditions


Nuellie de Fleur Pty Ltd Terms and Conditions

Nuellie de Fleur uses cookies!

These Terms and Conditions govern the use of nuelliedefleur.com.au ("the website") and the purchase of any goods from it. The website is owned and operated by Nuellie de Fleur Gladstone (ABN 97 699 344 746). If you need more assistance you can always contact our Customer Service team on 07 4972 8808 or email: flowers@nuelliedefleur.com.au

Acknowledgement and Acceptance of Terms and Conditions:

Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). Nuellie de Fleur reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.

Limitation of Liability

The customer agrees to indemnify and hold harmless Nuellie de Fleur in relation to any claim whatsoever arising or in any way associated with delivery to the intended recipient premise and/or to leaving of item at recipient premise and the customer accepts full responsibility from the moment of delivery to recipient. The customer agrees to indemnify and hold harmless Nuellie de Fleur; Any liability of Nuellie de Fleur or Nuellie de Fleur Associates in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Nuellie de Fleur are limited to: (a) In relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and (b) In relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

Disclaimer

The information contained on the website is provided by Nuellie de Fleur in good faith. To the best of Nuellie de Fleur knowledge, the information is accurate and current. However, Nuellie de Fleur and its related bodies corporate, any of their directors, officers, employees, consultants, affiliates or shareholders ("Nuellie de Fleur Florist Associates") do not make any representation or warranty as to the accuracy or completeness of the information. To the fullest extent permitted by applicable law, Nuellie de Fleur disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Nuellie de Fleur makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements. You expressly acknowledge and agree that Nuellie de Fleur does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and Nuellie de Fleur is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part. You further acknowledge and agree that, subject to the section dealing with "Limitation of Liability", Nuellie de Fleur will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.

Copyright

Copyright of the nuelliedefleur.com.au website is property of Peter Ross Davis trading as Nuellie de Fleur Gladstone. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of Nuellie de Fleur or Peter Ross Davis and third parties. This property may only be used for the purposes of browsing the nuelliedefleur.com.au website and acquiring goods and services of nuelliedefleur.com.au.

Applicable Law

These Terms and Conditions are governed by the laws in force in Queensland, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and any courts, which may hear appeals from those courts.

Information Supplied By You

If you purchase goods and services from nuelliedefleur.com.au, we may require you to provide your name, address, email address, credit card number or other details ("customer information"). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide Nuellie de Fleur with current, complete and accurate customer information when asked to do so by the website or an employee of Nuellie de Fleur.

Credit Card Payments

All credit card payments may incur a 1.8% surcharge based on the total price. This will be waived under most normal circumstances.

Virus Warning: Nuellie de Fleur carries out regular maintenance and virus/spyware scanning on our website where all care is taken to ensure that nuelliedefleur.com.au website and data transmissions are free from viruses/spyware. However, it is your responsibility to scan any such data for viruses/spyware. nuelliedefleur.com.au accept no responsibility and cannot be held liable for any loss of data, damage or hardware failure or any other damage caused by any virus/spyware.

Privacy

At Nuellie de Fleur we would like to assure you that we take your information and privacy very seriously. The following is a description of what we do and don't do with your details. For Nuellie de Fleur to process your order, we need information such as your name, email or contact number, delivery address and payment details. Other information will also be collected with your permission from time to time. This will normally include preferences such as likes or dislikes. Outside of information that you enter on the web site, we also receive and store certain types of information when you interact with nuelliedefleur.com.au, this is provided through the use of Cookies.

Privacy Policy: Nuellie de Fleur values our clients and their privacy. In compliance with the Privacy Laws under the Privacy Act 2001, the following outlines briefly, how we manage the personal information that we collect. Personal information is deemed as gathered either electronically or personally. In order to fulfil a requested service, the collection of certain personal information is necessary. The kinds of personal information we collect will depend on what products and services you request from us. However, it will include:

. Your name, address, telephone numbers, e-mail address, credit card details

. gift recipient name (if different from purchaser), address, telephone numbers and e-mail address

. feedback about your experience with Nuellie de Fleur in the form of a testimonial or comment.

How your personal information will be used: We collect your personal information so that we can use it to facilitate our services and communicate our activities such as:

. processing your order

. alerting you to specials from time to time

. providing you with confirmation of your order and advising you of any changes to your request

. responding to comments or complaints you may have

. seeking your opinions from time to time, to ensure we continue to offer valued services

. copies of orders for our accounting and financial obligations

If you subscribe to our regular newsletter, we may e-mail you with news and updates about our products and services. If you do not wish to remain a subscriber you can, at any time, request removal of your details from our records. Where we have received your contact details via a third party, we will assume you consent to management of your personal information in the manner specified in this Privacy Policy. Should you receive information from us without direct request, you may alter those instructions at any time. At no time, will Nuellie de Fleur release your personal information to a third party for marketing purposes including unrelated direct mail activities. Certain information will be released to a Financial Merchant to facilitate order processing.

Cookies

Cookies are used on the Nuellie de Fleur website! Most Internet browsers are configured to accept Cookies, described as, information or a text file, the Internet transfers to your browser. Some cookies are stored for the period of the browsing session while others have an expiration time frame. Cookies store information you submit to the site and will assist future requests and orders. While you can choose to reject cookies, this may affect some of the functions on this site.

Disclosing Your Information

Partners

Third party companies and individuals have been engaged to perform functions on behalf of Nuellie de Fleur. Functions such as fulfilling and delivery of purchases, credit card payment authorisation, trend analysis, marketing and promotions, but all information will only be used to perform their appropriate functions and not for other usage.

Authorities

Nuellie de Fleur will pass on any information relating to suspected fraudulent activity to appropriate authorities

Verification of Members

We do use various details to verify information given to us by our members. At times, we use:

- names on member accounts to compare with information on credit cards

- we use member phone numbers and email addresses provided to us to communicate with customers about payments

- we use member addresses to check against credit card billing addresses etc .

- in cases where fraud or other crime is suspected, we do communicate with Police, Banks and other relevant authorities

Many of these checks are done manually and communication is handled carefully by a member of Nuellie de Fleur's own Customer team.

Information Security; All information submitted to nuelliedefleur.com.au is secured using Secure Sockets Layer (SSL) software. Information sitting on the nuelliedefleur.com.au website is protected by state-of-the-art encryption and firewall technology.

Accessing Your Information; Personal information provided by you can be changed by you if information provided is incorrect or out of date.

If you need more assistance you can always contact us on 07 49792000 or email nuelliedefleur23@telstra.com where one of our trained representatives will assist you.

Minors Policy

It is important that any information provided or purchases made by children have the consent of parents or guardians.

Product Information

Prices of goods and services and delivery and other charges displayed on the nuelliedefleur.com.au 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. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free. nuelliedefleur.com.au reserves the right to substitute a product with another similar product of equal or greater value dependent on stock levels and availability

Privacy Policy

Orders will not be dispatched until payment in full has been received and nuelliedefleur.com.au is satisfied with the integrity of the order. Without limiting the operation of any other Terms and Conditions herein nuelliedefleur.com.au is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product. Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.

Cancellation by Nuellie de Fleur

We reserve the right not to provide goods or services, terminate accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

Cancellation by You

If you need to cancel an order, please contact us immediately by phone 07 49792000. Our agreement with you only comes into existence once we have both confirmed your order and your payment have been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion. Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges.

Delivery

It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense, any additional expense will be incurred by the sender.

Deliveries containing alcohol

Flower Orders containing alcohol will be prepared by Nuellie de Fleur. Couriers will return all local orders containing alcohol to our premises when no one is at home. We recommend that you enter a delivery address where someone will be available between the hours of 9am and 5pm for businesses and up to 4.30pm for home addresses on the delivery day. Deliveries containing alcohol that are returned because of no-one home will attract an additional delivery fee as determined by the order.

It is the responsibility of the customer to inform Nuellie de Fleur if an order does not arrive. Once we learn an order has not arrived, we will lodge an enquiry with the driver to ensure delivery occurs as soon as possible. As a guide only, our drivers will attempt to deliver to business addresses between 9am and 4pm, and to home addresses up until 6:00pm. Unfortunately, we are unable give a guaranteed time of delivery. If you require a specific time extra costs will be incurred

If the incorrect delivery address is supplied or there is no responsible person to leave the flowers with or no suitable place to leave when no one is home, they will be returned to the Nuellie de Fleur and we will contact the recipient to arrange re-delivery. Redelivery will incur a charge, calculated according to the delivery address and order details. To avoid these costs, please carefully consider the delivery address you enter.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery.

Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

Returns

Nuellie de Fleur will not accept returns of unwanted goods, opened food items or perishable goods such as chocolates nor are returns possible on specially designed or assembled wedding, christening or corporate goods e.g. decorative boxes with contents and ribbon.

For damaged or faulty goods, please note the following instructions for return

1. Please notify Nuellie de Fleur