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Terms & Conditions

Premium artificial flower arrangements for hire & for sale

Privacy & Security

Your personal information and our data security

Your information

Our customers’ privacy and their data security are of importance to us as much as we value our own. We therefor took every aspect in consideration and we’re certain you can use our website services with confidence.

We respect your privacy and put you in control of your own personal information.

We do not sell, share or store your data. Unless opting for one of our month to month subscription packages, there are no sign-up forms or accounts to open. You will not receive any unsolicited phone calls, email spam or marketing letters.

We are easy to talk to and we always value feedback, please call us whenever you feel the need to confirm or clarify any uncertainties.

This is the only information from you:
a) We use Google Analytics to count visitors and referral traffic to our website. This is broad information and is not personal information;

b) If you subscribe to our email newsletters then we will store your email address only for the purpose of sending our newsletter;

c) Product or service reviews that you post to our website for publication on the internet. You can choose a username and post anonymously. It is your choice and is not compulsory;

d) Information contained in or relating to any communication that you send to us or send through our website; so this are our email inboxes, which we promise to clean out if your query has been entirely dealt with;

Personal information submitted to us through our website will be used only for the purposes specified in this policy and our privacy promise.

All our website financial transactions are handled through our payment services provider – only to the extent necessary for the purposes of processing payments you make via our website, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

Disclosing personal information

We may disclose your personal information to [any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors] insofar as reasonably necessary for the purposes set out in this policy and to provide the services as requested.

We may disclose your personal information:

a) to the extent that we are required to do so by law;

b) in connection with any ongoing or prospective legal proceedings;

c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);

d) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

Except as provided in this policy, we will not provide your personal information to third parties

Website security

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

All electronic transactions entered into through our website will be protected by encryption technology. You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

You are responsible for keeping any passwords you use for on our website confidential; we will not ask you for your password (except when you log in to our website).

Boutiquesilkflowers.com.au is protected by SSL (Secure Sockets Layer) which is a standard security technology for the establishment of an encrypted link between a server, our website, and a customer’s internet browser, e.g. Chrome, Firefox, IE, etc. Our website carries an official SSL certificate by RapidSSL. This means ALL data (personal or financial) is transmitted securely.

For informational purposes, SSL allows sensitive information such as credit card numbers, social security numbers, and login credentials to be transmitted securely. Without a security protocol in place, data is sent between browsers and web servers in plain text—leaving you vulnerable to eavesdropping. If an attacker is able to intercept all data being sent between a browser and a web server they can see and use that information.

More specifically, SSL is a security protocol. Protocols describe how algorithms should be used; in this case, the SSL protocol determines variables of the encryption for both the link and the data being transmitted.

Payment Information

All financial transactions happen transparently on the front of our website, with no manual intervention by any staff in the back-end. This means it is ONLY you that ever enter or edit your payment information on our system.

The payment gateways (PayPal and Stripe) that are available for processing your payments both adhere to international PCI DSS (Payment card industry data security standards).

The Payment Card Industry Data Security Standard (PCI DSS) is a proprietary information security standard for organizations that handle branded credit cards from the major card schemes including Visa, MasterCard and American Express.

Policies

Boutique Silk Flowers' Policies you need to know about

Responsibilities

Boutique Silk Flowers offer a specialised hiring service of artificial flower arrangements to corporate and office environments. Fortnightly rotation provides variety to our clients and allows for proper maintenance by Boutique Silk Flowers. Therefor there is no need for unnecessary handling of the flower arrangements by our clients.

The following are adhered to when entering into a service from Boutique Silk Flowers:

The floral arrangements remain the property of Boutique Silk Flowers at all times. While in client’s possession, the client assumes full liability for damage or loss of flower arrangements and the client must ensure that they are fully covered by the client’s indemnity insurance. Arrangements should be placed in a safe place away from accidental harm and direct sunlight.

If loss of goods occurs whilst in possession of the client, the client shall immediately pay Boutique Silk Flowers the market value (selling price) of the goods. If damage occurs to goods whilst in possession of the client, then Boutique Silk Flowers will attempt to repair the damage and if successful, a charge will be levied for this service. If damage cannot be repaired the client shall be liable for replacement at market value selling price.

It is sincerely requested you as the client honour our policy to not remove the flowers between different locations / addresses as to avoid damage during transport. We use a special method of transport to ensure the flowers and vases are protected.

Please note! Our flowers do not require to be watered, if accidentally watered damage may occur and may result in repairs or possible replacement, both of which will be subject to the terms and conditions stated in this Terms and Conditions.

Guarantee

We are proud of what we stand for and believe our products are of the best to be found in the world, only the most realistic looking flowers are sourced for our arrangements. We offer a 30 day money back guarantee if you are not satisfied with the quality of your product, please review our Delivery and Exchange policy for purchased products.

Boutique Silk Flowers’arrangements are handmade. We put in every effort to provide you arrangements that 100% match our products displayed on this website. There might be slight variations in composition, but we will always consult with you when this might occur.

With subscription packages you have the liberty to select the collections of your preference. We deliver according to our hiring schedule. The flowers you get each fortnight (from your selected collections) are subject to availability as we “spread” our stock amongs many clients. At the extreme exception, we might provide you an arrangement which is not from your selected collections, but we will always consult with you first and never leave you without flowers.

Free trials and promotions

From time to time we offer free trials on our flower hire service. Boutique Silk Flowers reserves the right to refuse service, or cancel orders in their sole discretion.

A 30-day free trial is currently available to celebrate launching our new brand. This free trial is subject to our Terms and Conditions as stated in the Responsibilities section.

Orders and order cancellations

You submit a formal order upon payment and completion of your order on our Checkout page. Thereby you made an offer to us to purchase the products you selected based on Boutique Silk Flowers’ Terms and Conditions. Boutique Silk Flowers reserves the right to refuse service, terminate accounts, remove or edit content on its website or cancel orders in their sole discretion.

It is not required to create an account with Boutique Silk Flowers to be able to place an order for a product purchase, i.e. an artificial flower arrangement. However, when joining our subscription client base, by purchasing a subscription package, an account will be created automatically as part of the checkout process. You will create your own password and have access to view your account information. When capturing your payment information, recurring payments are set-up but will be on hold to allow the 30-day free trial. Your 30-day trial starts during your scheduled site visit, only after you confirmed to proceed and were happy with the trial, we will process your first payment. Consecutive payments occur every 2 weeks thereafter.

For product purchases from our Online Shop, the following information is compulsory to complete for the following reasons:

• client’s first and last names: as the legal entity entering a purchasing agreement
• client’s email address: required to send you an order confirmation via email
• client’s phone number: your phone number is required to assist us with delivering your product/s.
• client’s physical address: required to deliver your purchases to you

Optional information includes a company name and order notes, e.g. “leave at front door if not available to take receipt.”

NOTE: The only place payment information is captured is in Paypal or Stripe forms directly. This information is never captured into any of our systems and only touches the payment gateway systems which follow PCI DSS protocols. Read more on PCI DSS in the Privacy and Security section of our Terms and Conditions.

Cancellation or amendments to orders can only be processed if within 12 hours from order confirmation. This is to enable prompt order processing and on-time deliveries. Please call us on 1300 077 160 or contact us using our contact form.

Delivery and Exchange of purchased products

Flower arrangement purchases are shipped nationwide using various courier services. We partnered with a shipping provider who offers a flat rate delivery fee to metropolitans. This fee is displayed on orders in a separate line for “Shipping”.

For deliveries in remote and non-metropolitan areas other courier services are engaged and we can only confirm a final shipping amount once we are able to confirm with them. The shipping fee displayed on orders outside of metropolitan areas, are an estimate. Once the shipping fee is confirmed, we will be in contact with you to notify the final fee and either refund the over payment or request payment of the outstanding amount before your order is send.

Our products carry a 7-day return and exchange in the event you changed your mind. Exchanges will incur a 2% service fee on the purchase amount and shipment back to us with the shipment fee for the exchanged product will be at the buyer’s cost. Exchanges will only be processed upon receipt of the returned goods in its original packaging and in acceptable condition for resale.

A full refund guarantee is offered if the glass vase is proven to be broken during transit. Please phone us immediately on 1300 077 160 or within 24 hours of receipt of goods and we will replace the item free of charge. Please allow at least 14 days for replacement of products. Where the exact replacement is not possible due to availability, we will contact you to discuss alternatives.

Deliveries and Rotations of hired products

A delivery fee is included in the hiring fees of our subscription packages. This includes delivery to and collection of the flowers from your registered address with us. Your subscription package is relevant to ONLY one delivery address.

We charge a delivery and collection fee separate from our event hire prices published on our website. This mostly depends on the distance of your address to our CBD office. Please call us on 1300 077 160 or by using our contact form.

Reviews on our website

Customer reviews are published next to products throughout the site. Reviewers will be authenticated from verified customers who have purchased that particular product in the past.

We ask that reviews be true and accurate and avoid language not suitable for a public website. All reviews go through several stages before it is published, it is moderated for ads, spam, obscenities, personal contact info and links to other websites.

Complaints procedure

Sometimes things go wrong. But rest assured, we are committed to providing a high-quality service and product to all our customers. However, when something goes wrong, we need you to tell us about it, so please call us on 1300 077 160 or email us with the details using our contact form. This will help us improve our standards. We ask for a maximum of 7 business days to review your complaint, although we aim to rectify complaints much sooner.

The process we follow will first acknowledge receipt of your complaint followed by a thorough investigation. This will normally involve liaising with all parties involved in your complaint. We will communicate with you to confirm the details and discuss to hopefully resolve your issue. After gathering the facts we will conclude with a detailed written reply to your complaint including suggestions for resolving the matter. Please note certain components, such as courier services, have their own internal complaint procedures which we are dependent on.

Suggestions

We welcome feedback and suggestions to help us stay current with the latest trends and our customers’ preferences. Please send us a note using our contact form.

Law and Jurisdiction

Our terms of trade are governed by the laws in force in Victoria, and Queensland, Mackay. You agree to the jurisdiction of the courts of Victoria, and Queensland, Mackay.

In these terms of trade, a reference to te singular includes the plural and the plural includes the singlular; a reference to intellectual property rights means all statutory and common law rights, whether registered or not or capable of registration or not, in respect of any intangible property including without limitation in respect of copyright, trademarks, designs and patents.

Terms of using the Boutique Silk Flowers website

Terms and conditions governing the boutiquesilkflowers.com.au website

Agreement to use the website

By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our Boutique Silk Flowers’ use of cookies in accordance with the terms of Boutique Silk Flowers’ Privacy policy and Cookies policy.

License to use website

Unless otherwise stated, boutiquesilkflowers.com.au and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print from boutiquesilkflowers.com.au for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must NOT:
• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website;
• redistribute material from this website except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed within the legal entity, which is the customer in agreement with our services.
• You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
• You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
• You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Boutique Silk Flowers’ express written consent.
• You must not use this website to transmit or send unsolicited commercial communications.
• You must not use this website for any purposes related to marketing without Boutique Silk Flowers’ express written consent.

Restricted Access

Access to certain areas of this website is restricted. Boutique Silk Flowers reserves the right to restrict access to other areas of this website, or indeed this entire website, at Boutique Silk Flowers’ sole discretion.

If Boutique Silk Flowers’ provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Boutique Silk Flowers may disable your user ID and password in Boutique Silk Flowers’ sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. This includes product reviews.

You grant to Boutique Silk Flowers’ a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Boutiquesilkflowers.com.au the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Boutique Silk Flowers or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Boutique Silk Flowers reserves the right to edit or remove any material submitted to this website, or stored on Boutiquesilkflowers.com.au servers, or hosted or published upon this website.

Boutique Silk Flowers’ rights under these terms and conditions in relation to user content, Boutique Silk Flowers does not undertake to monitor the submission of such content to, or the publication of such content on this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Boutique Silk Flowers makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Boutique Silk Flowers does not warrant that:
• this website will be constantly available, or available at all
• the information on this website is complete, true, accurate or non-misleading

Nothing on this website constitutes, or is meant to constitute, advice of any kind, they are rather recommendations.

Limitations of liability

Boutique Silk Flowers will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of – contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Boutique Silk Flowers has been expressly advised of the potential loss.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Boutique Silk Flowers has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Boutique Silk Flowers officers or employees in respect of any losses you suffer in connection with the website or Boutique Silk Flowers’ services.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Boutique Silk Flowers officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Boutique Silk Flowers itself.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Boutique Silk Flowers and undertake to keep Boutique Silk Flowers indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid) incurred or suffered by Boutique Silk Flowers arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Boutique Silk Flowers other rights under these terms and conditions, if you breach these terms and conditions in any way, Boutique Silk Flowers may take such action as Boutique Silk Flowers deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Boutique Silk Flowers may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Boutique Silk Flowers may transfer, sub-contract or otherwise deal with Boutique Silk Flowers’ rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with administrative documents, constitute the entire agreement between you and Boutique Silk Flowers in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Third party websites

Where our website includes hyperlinks to, and details of, third party websites, we have no control over, and are not responsible for, the privacy policies and practices of third parties.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of Australia.