Terms of Use

These Terms of Use are a legal agreement between you (“you,” “your,” or “customer” etc) and Flower Haul (“we,” “us,” “our,” or “business” etc), the owner and operator of the www.flowerhaul.com.au website (the “website”). The Terms of Use govern use of the website, and the purchase and delivery of any products and services from it. By accessing and using the website, you are indicating that you have read, you unconditionally accept, and you agree to comply with, this agreement. We may change these Terms of Use at any time, without notifying you. If we make a change, the next time you use this website will mean you agree to the amended Terms of Use. If you do not accept this agreement, you are not permitted to, and you must not, access or use the site or purchase products or flower subscriptions from, the website.

Website content

Subject to your compliance with this agreement, we hereby grant you a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the website and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the website (collectively, the “content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the content except as expressly set forth in this agreement. You may not remove any copyright or other proprietary notices from any content. If you breach any term of this agreement, your authorisation to use the website and content automatically terminates without notice to you.

You hereby represent and warrant that you will not, and will not induce any third party to:

(a) attempt to disable or circumvent any security mechanisms used by the website or content or otherwise attempt to gain unauthorised access to any portion of the website or content or any other systems or networks connected to the website, or to any server of company or its third party service providers, by hacking, password “mining”, or any other illegal means;

(b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the website or content;

(c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the website or with any other person’s use of the website;

(d) track or seek to trace any information on any other person who visits the website;

(e) use the website or content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the website or content.

Intellectual property rights

The business, the logo, and other trademarks, service marks, graphics and logos used in connection with the website are trademarks of Flower Haul. Other trademarks, service marks, graphics and logos used in connection with the website are the trademarks of their respective owners (collectively third-party marks). The business marks and third-party marks may not be copied, imitated or used, in whole or in part, without the prior written permission of the business or the applicable trademark holder. The website and the content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorised by the business or the owner of the content.

Products and services

In order to purchase one of our products and/or services, you must go to product page, select your product, and complete the checkout process. In order for us to process your order, you will be required to provide your full name, your complete address, your phone number, your valid email address, your valid credit card and billing information. All information that you provide to us is subject to our Privacy Policy. When you purchase a product or service, you agree to receive transactional emails regarding your purchase and associated deliveries. In addition, you agree to receive emails promoting any special offer(s). You may opt-out from receiving special promotions by emailing us or selecting the unsubscribe link as is provided in the applicable emails.

Order confirmation

Your receipt of an email order confirmation does not necessarily signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. In some cases, we may require additional information or may need to cancel your order. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. Other than as set out in these Terms of Use, we shall not be responsible for any loss or damage of any kind, which you might suffer by reason of us declining to accept or for cancelling your order.

Terms of sale

We sell our products and services from the website to end-user customers who purchase them to receive or send the products only for personal, non-commercial use. You may not purchase our products or services for further distribution or resale or for any other commercial or business purpose.

Pricing

Pricing for products and services can be found on each product page. The price that we will charge you for the products and services will be the price as posted on the website on the date you order. We reserve the right to change prices for products and services at any time, and do not provide price protection or refunds in the event of promotions or price decreases. All prices are in AUD as quoted on our site and include GST.

Promotional codes

We may advertise promotional codes from time to time, which will provide customers with discounts to their order value. Promotional codes are not transferable for cash or cash equivalents, and are not valid for the purchase of gift cards or gift vouchers. Promotional codes cannot be used in conjunction with any other offers and adjustments on previous purchases will not be made. We reserve the right to modify or cancel a promotional code at any time without prior notice if, in our opinion, the promotional code is not being used in the manner and for the purposes intended.

Payments and billing

All information that you provide to us when you purchase one of our products or services, including your credit card information, is subject to our Privacy Policy. The price of the products and services is payable in full before delivery. All charges for delivery, postage and handling are also specified at checkout or otherwise notified prior to acceptance of an order. We accept the following payment methods at this time: Visa, MasterCard, PayPal and Afterpay. We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant us the right to store and process your information with the third party payment service, which it may change from time to time; you agree that we will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider's terms of service; the current versions can be found at here and here. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

Cancellation Policy

A request for cancellation must be placed in email to hello@flowerhaul.com.au. We're happy to refund 100% of the purchase price paid if you cancel an order at least 48 hours prior to the delivery date. If a cancellation notice is received at less than 48-hour notice, cancellation is immediately void. Orders that are already prepared, dispatched or in transit cannot be changed, cancelled or refunded.

If any changes are required, please let us know at least 24 hours prior to the delivery date to ensure there is enough time to accommodate any changes. We reserve the right to not accept changes to orders for delivery on special events, including but not limited to Christmas, Valentine’s Day or Mother’s Day. Orders cannot be changed on the day of delivery.

Delivery Policy 

By proceeding with an order, you're acknowledging that you have read, understand and agree to the details set out in our Delivery Policy below. Flower Haul is based at the flower markets in Rocklea (Brisbane, Queensland) and all orders received via our website are despatched and sent from Brisbane, Queensland, Australia.

Delivery zone

We ship to an extra large delivery zone that spans over 2000km throughout two states - Queensland and New South Wales. You must select an applicable delivery address within our delivery service area to receive orders from Flower Haul. For more details on our delivery zone, see our DELIVERY INFORMATION page. All delivery areas are subject to change, at our discretion.

Available delivery days

Our available delivery days are Monday to Friday. We don’t deliver our flowers on weekends or public holidays. The earliest delivery day available is dependant on where the flowers are being sent (this is also indicated on each of the flower products on the website.) Orders are only available for delivery on Mondays if the flowers are being delivery to a suburb within our SAME-DAY DELIVERY ZONE and the flowers are ordered from our SAME-DAY COLLECTION. If your delivery address is outside of these areas and you select Monday as your delivery day, it will be shipped and delivered at the next available opportunity (usually Tuesday). Occasionally, both national public holidays and QLD-specific public holidays may affect deliveries and in these cases, your flowers will arrive on the next business day.

Preferred delivery date

During the purchase process, you’ll be asked to select your preferred delivery date. The preferred delivery date you choose is an estimate only. Whilst every effort is made to adhere to the preferred delivery date you choose and ensure your goods arrive on this date, we do not guarantee delivery times, dates or days. By ordering from us, you acknowledge that your chosen preferred delivery date is a non-binding estimate only and that you have no claim against us for any slight delays or slightly early deliveries you may experience.

Third-party courier partners

We use reputable third-party courier partners to deliver flowers across Queensland and New South Wales, including but not limited to Fastway Couriers. All orders are shipped using an external third-party courier. This means, once your order is in the hands of our courier partners, we don't have any control over the delivery process and so we cannot ever guarantee delivery on a specified date, day or at a specific time. Whilst every care is taken to ensure accurate and safe delivery, we cannot guarantee unforeseen circumstances. On rare occasions, shipping may take slightly longer due to external factors or events such as weather or traffic incidents, or due to public holidays or busy holiday periods. Additionally, if your order is being shipped to a remote or regional suburb, it may take slightly longer than usual to arrive. In the circumstance of the flowers not being received by the recipient within one day of your preferred delivery date, we will contact the third-party courier company to launch an investigation. We aim to provide a resolution within 24 hours of this investigation.

Online tracking

Online tracking may be available at our courier’s website. We make no warranties regarding the availability of said online tracking, as it under the control our third-party couriers.

Order cut-off times

To qualify for next-day delivery, your order MUST be processed before midday (12pm AEST) on the day before. For example, if you’d like your flowers delivered on Thursday, you’ll need to order them prior to midday on the Wednesday If your order is received after the midday cut-off for next-day delivery, it will be shipped and delivered at the next available opportunity. To qualify for same-day delivery, your order MUST be processed before midday (12pm AEST), Monday to Friday. Same day delivery is only for selected areas in the Brisbane area and must be placed via The Same-Day Collection. If your order is received after the midday cut-off, it will be shipped and delivered at the next available opportunity. You can also pre-order for delivery on any future date by selecting the date in the dropdown calendar on the product page.

Delivery times

Flowers will be delivered to business addresses prior to 5.00pm and to residential addresses prior to 7.00pm. We are unable to guarantee any specific delivery times or accept timed delivery requests, including on Valentine's Day and Mother's Day. Unfortunately, we don’t allow you to select a specific time for your Flower Haul to be delivered.

Authority to leave

We will deliver the goods to the delivery address specified during the checkout process, using a third-party courier for all deliveries. It is your responsibility to ensure that someone is present to accept delivery. Flowers are a perishable product and can be affected by the weather, particularly in warmer months. We want your order to arrive in the best possible condition, which is why we request that your orders be shipped to an address where someone is present at the time of delivery. We can either deliver to a home or office – just use the most appropriate address during the checkout process. Our couriers are instructed to leave the flowers at the address, whether the recipient or another person is available or not. We cannot be held responsible for products that are damaged or stolen as the result of the recipient not being available and the parcel being left outside or at reception (or similar) upon delivery. We strongly encourage recipients to be at the delivery location to receive their package(s) as flowers that remain outside are more likely to have reduced quality and a shortened life. Once the flowers have been delivered at the address specified, we cannot be held responsible for the flowers getting to the recipient. We take no responsibility if no one is present at the delivery address to accept delivery.

Appropriate access

If the delivery address you’ve chosen is within a gated or security-protected building or complex, it is your responsibility to ensure that our couriers will have appropriate access and that the recipient will be available on the day to receive the flowers. If the recipient is not home and the courier cannot gain access to the building to leave the gift in a safe place the gift will be deemed ‘undeliverable’. See below. 

Hospital/school deliveries

If you’re delivering to a hospital, school or aged care facility, please provide all the necessary details, which should include a specific room number, ward/wing number, building name and level. We accept no responsibility for incorrect, insufficient or incomplete address or delivery details, and refunds and replacements will not be given in these cases.

Incorrect delivery address

Please be very careful in providing us with correct, complete and up to date address information. Insufficient, incorrect or incomplete address details can cause considerable delays and non-delivery. Under no circumstances are we are able to accept responsibility when there is insufficient, incorrect or incomplete address details provided with your order. If we are unable to deliver to an incorrect or incomplete address and the order is returned to us, we can redeliver it but the customer will incur an additional delivery charge as well as a product replacement fee for any perishable items.

Undeliverable orders

Flowers are considered to be undeliverable if the recipient’s address is incomplete, incorrect or cannot be located, there is no one at home to receive the gift and there is nowhere safe/secure to leave the flowers, and/or the delivery is refused by the recipient before opening the package. All undeliverable flowers will be returned to the courier's depot. When flowers are returned to a depot, a courier card will be left at the recipient's address to inform them of their local collection point. Due to the perishable nature of some of our flowers, it is strongly advised that recipients collect their gift within 24 hours from the collection point indicated on the courier card. We cannot be held responsible for delays in the collection and pick-up of flowers and is not liable for the quality and condition of perishable goods, such as flowers, that have not been collected within a 24-hour time frame from the date and time of attempted delivery. If flowers are not collected or redelivered, they will be returned to Flower Haul in Brisbane, Queensland where the customer will be liable for all charges and fees incurred with the undeliverable flowers.

Ongoing flower subscriptions

For ongoing flower subscriptions, your flowers will be delivered on this same day throughout your subscription. For example, if the delivery date chosen for your first order is a Thursday, your flowers will arrive on the same day every week (Thursday) for weekly subscriptions. For fortnightly subscriptions, your flowers will arrive on the same day every second week (every second Thursday). For monthly subscriptions, your flowers will arrive on the same day every four weeks (every fourth Thursday). As with all our deliveries, whilst every effort is made to adhere to the preferred delivery date and ensure your goods arrive on this date, we do not guarantee delivery times, dates or days.

Non-delivered flowers

You must notify us within 72 hours of the intended delivery date if you believe your Flower Haul order is missing or was not delivered at all. 

Substitution and availability

We aim to fulfill all orders in compliance with product descriptions, however flower orders may be subject to seasonal and product availability. The selection and availability of our products may change at anytime due to the unpredictable, seasonal and delicate nature of flowers. We will always endeavour to source flowers that match the images and descriptions provided on the website. But we cannot guarantee that a specific type of flower will be available in any subsequent timeframe. If your selection is unavailable based on market availability or quality, we will select an appropriate alternative for you, based on our choice. We reserve the right to substitute flower varieties when necessary, however we will always take utmost care to ensure the final product is similar in quality to the requested item. Substitutions and alterations to the style of a product will be of similar quality and value. In the event we are required to substitute any unavailable flowers for those of a similar appearance and value, you agree not to hold us responsible for any such variations. You will accept the flowers sent (subject to quality issues and your statutory rights).

Additionally, there are some natural variances in colours between flowers during certain times of the year. Due to varying availability and quality, we’re also unable to guarantee the specific colours of the flowers that will be delivered, and they may vary from the colours displayed and listed on the website.

Product photos and descriptions

All our photos are highly accurate images of what your flowers will look like, once they bloom. We can’t guarantee the degree of openness of the flower buds on delivery. Our flowers are sourced freshly cut, so will probably still in a closed or bud form when they arrive. You'll need to allow a couple of days for them to open fully. 



Specific warnings 



Flowers and foliage are not for human or animal consumption. It is your responsibility to also advise us when ordering your flowers if the recipient has any allergies to particular types of flowers. If you do not do so, then we will not be able to take any allergies into account when supplying the products.

Privacy

Your personal information will be collected, processed and used in accordance with our Privacy Policy.

Limitation of liability

In no event shall the business or its directors, employees, or affiliates be liable to any user of this website or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorised access to or use or misuse of the products or the website or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise, even if it has been advised of the possibility of such damages or losses. You agree the business’ total cumulative liability in connection with these terms of use, the website, the content or any product or services whether in contract, tort, or otherwise, shall not exceed the amount you paid to company in the then-prior calendar month.

Disclaimer of warranty

Excepting the warranties and guarantees that cannot be excluded under the Australian Consumer Law, we exclude, and you agree that we have not made any warranty regarding the products, their characteristics or fitness for any particular process. All users expressly understand and agree that: (a) your use of the products and services is at your sole risk, the products and services are provided on an "As is" and "As available" basis and the business expressly disclaims all warranties, conditions and terms (collectively, "Promises") of any kind, whether express or implied by statute, common law or custom, including, but not limited to, promises as to products or services offered through the use of the membership, implied promises of merchant ability, satisfactory quality, fitness for a particular purpose, and non-infringement; and (b) the business makes and gives no promise that: (I) the products or services will meet your requirements, (ii) be uninterrupted, timely, secure, or error-free, (iii) the quality of any products, services, information, or other material obtained by you through the membership will meet your expectations.

Severability

If any part of these terms of use is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforce ability of the remaining provisions. Indemnity We rely on you to comply with these Terms of Use, so if we suffer loss or damage or incur any costs because you breach these terms, you agree to indemnify us for those losses, damages and costs. Indemnity You agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of your use of the website. By using this website, our services, or supplied products, you agree to indemnify, hold harmless and defend the company/business from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, legal fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this website, services, or products by you or any other person accessing the website using your member login account.

Termination

We may terminate any user's flower order, subscription or access to our website or services in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate subscribed users or prospective users who violate these terms of use, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our website or services.

Entire agreement

These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise this agreement at any time by updating this posting.

Applicable law

These Terms of Use are governed by Queensland law and if there's a dispute concerning these terms of use, the courts in Queensland, Australia will determine the outcome. If any of the Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force. If you have any questions relating to these Terms of Use, please contact us.