Terms of Use

Website terms of use

  1. APPLICATION OF TERMS

These terms apply to any person or entity (‘you/your’) accessing http://www.oldboysflowers.com.au/ (‘our/the website’).

This website is owned and operated by Kieren David Delaney trading as Oldboy's Flowers ABN 62 868 840 027 (‘we/our/us’).

Oldboy's Flowers offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

We reserve the right to update, change or replace any part of these Terms of Use by publishing changes or updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the publishing of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

These terms are governed by the laws of Australia.

 

  1. COLLECTION AND USE OF PERSONAL INFORMATION

You may need to register to use our website. When you register you will provide us with personal information such as your name and email address. We will handle all personal information we collect in accordance with our privacy policy, available at [Insert hyperlink to privacy policy] and the applicable law.

When you register your account, we will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username.

We may collect personal information about you in order to provide our services and for other purposes as detailed in our privacy policy and required or permitted under applicable law. This may include disclosing your information to third parties that help us deliver our services, such as information technology suppliers, communication suppliers, finance providers and our business partners.

We will handle all personal information we collect in accordance with our privacy policy and the applicable law. Our privacy policy explains:

  • how we store and use, and how you may access and correct your personal information;
  • how you can lodge a complaint regarding the handling of your personal information; and
  • how we will handle any complaint.

If you would like any further information about our privacy policies or practices, please contact us.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the privacy policy and these terms.

 

  1. PRODUCTS AND SERVICES

We offer for sale all products listed on our website.

We reserve the right to amend the range and prices of our products at any time.

All products are subject to availability. We will inform you as soon as possible if the product you have ordered is not available.

 

  1. ONLINE STORE TERMS

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

  1. PAYMENT METHODS

We accept payment via the following payment methods:

  • Paypal;
  • Google Pay;
  • selected credit cards such as Mastercard, Visa and American Express; and
  • Shop Pay.

All pricing is in AUD. Prices are subject to change without prior notification and may differ from other sites, stockists or providers.

 

  1. DELIVERY

PHYSICAL DELIVERY

Your order will be delivered in accordance with our dispatch and delivery policy found here.

 

  1. COLOUR REPRODUCTION

We make every effort to display as accurately as possible the colours of our products on our website. However, as computer monitors differ, we cannot guarantee that your monitor’s display of any colour will be an accurate representation of the true colour.

 

  1. REFUNDS AND RETURNS

We do not accept returns or provide refunds for change of mind.

Our products come with guarantees that cannot be excluded under the Australian consumer law. Nothing in these terms purports to modify or exclude the conditions, warranties, undertakings and legal rights under the Australian Competition and Consumer Act and other local laws. Any and all other warranties or conditions are expressly excluded, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

If your product is faulty or not substantially as described we will take all reasonable steps to either replace, repair or refund the item.

To initiate a return, please contact our customer service team.

If you return a product to us with an alleged major fault for a refund or replacement, you are responsible for the shipping costs of all returned products unless:

  • the product cannot be easily returned, and
  • there would be a significant cost to you.

If you return a product to us with an alleged minor fault for a refund or replacement, you are responsible for the shipping costs of all returned products, whether or not the cost is significant.

We recommend that you keep receipts for postage or transport costs so that you can be repaid by us.

Once the returned product has been assessed and found to not have a problem, we reserve the right to request that you pay our collection and inspection costs. Before doing so, we must give you a reasonable estimate of these costs before collecting the product.

We accept no liability for lost deliveries. We recommend you send your product with tracking to ensure the package is delivered to us.

 

  1. ADVERTISING STANDARDS

Oldboy’s Flowers does not guarantee the product attributes, quality, results, or functionality of its products. Oldboy’s Flowers complies with the Advertising Policies of Meta, Google, and third-party social network platforms as they apply from time to time to the promotion of Oldboy’s Flowers products and services. 

 

  1. INTELLECTUAL PROPERTY

Our website and its content including our products, may represent or contain intellectual property owned by us, including trademarks, copyrights and proprietary information.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our intellectual property, in whole or in part, without our prior written consent.

 

  1. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

  1. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service at any time (or any part or content thereof) without notice.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

  1. DISCLAIMERS

To the extent permitted by law, we have no liability or responsibility to you or any other person for any loss. You acknowledge that you access and use our website at your own risk.

We make no representation or warranty that the website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the website is not illegal or prohibited, and for your own compliance with applicable local laws.

It is imperative that all Oldboy’s Flowers products are used only in the manner for which they are intended, and that care and common sense are exercised when using the products. To the extent permitted by law, we do not accept any liability for, and is not responsible for, any damage, loss or injury caused by the use or misuse of our products.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select from our website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.

  1. THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

  1. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

  1. ACCEPTABLE USE POLICY

You must not use our website in any way that we deem to be inappropriate or unlawful, including but not limited to:

(a)             any breach of privacy or any infringement upon the legal rights of any other person;

(b)            defamation;

(c)             uploading any virus, malware or other malicious software;

(d)            posting, commenting or otherwise transmitting any unauthorised material including, but not limited to any material that is or is likely to be defamatory, racist, obscene, threatening, pornographic or otherwise deemed by us to be unacceptable.

 

  1. SUSPENSION AND TERMINATION

Without prejudice to any other right or remedy available to us, if we consider that you have breached these terms or we otherwise consider it appropriate, we may immediately and without notice, suspend or terminate your access to the website, or any part of it.

 

  1. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

  1. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Oldboy's Flowers, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

  1. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Oldboy's Flowers and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

  1. SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

  1. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

  1. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

  1. GENERAL

These terms, and any dispute relating to these terms or the website, are governed by and must be interpreted in accordance with the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of Australia in relation to any dispute connected with these terms or the website.

For us to waive a right under these terms, the waiver must be in writing.

If any part or provision of these terms is or becomes illegal, unenforceable or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these terms. The remainder of these terms will be binding on you.

 

  1. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at Oldboysflowers@hotmail.com.