Delivery Terms & Conditions
These terms and conditions make up a legally binding agreement (the Agreement) between Botanica Bird ABN 82 168 986 594 (referred to in these terms as “Us”, “We” and “Our”) and you.
This Agreement will be accepted on making payment for your flower order (“Order”).
If you have any questions about this Agreement please contact email@example.com before making payment.
THE PARTIES AGREE as follows:
Orders and Refunds
- Payment is required before delivery of your Order.
- The products sold on this website are delivered fresh from the market to your door. The products are 100% Australian grown flowers and 100% natural flowers that is, no dyed, chemically preserved or spray painted flora.
- The flower varieties pictured on our website are for reference only. Your order will be prepared based in the colour palette shown in the product description using flower varieties that are in season and available at the time of ordering.
- If your Order includes a vase, due the their handmade nature there may be small variations between the image of the product on the website and the product you receive and the vase may have slight colour and size variations to those shown on our website.
- To the extent applicable by Australian Consumer Law, we do not warrant that the products description, colours, size or other information available or displayed on the website are completely accurate or reliable.
- You acknowledge and agree that there are no refunds for change of mind or any errors when ordering.
- All orders are carefully checked for quality by Botanica Bird prior to dispatch. You can find further information on the care of the flowers on our website and information on how to care for your flowers is included with your Order.
- You must inspect your Order immediately upon arrival and if the Order is not correct or there is an issue with the quality of your Order, then you must email us at firstname.lastname@example.org within 1 day of receipt of your Order with your order number and photos of your Order. We will review your email to determine if a refund is required.
- Delivery Days and Times
- Deliveries are made on Wednesday, Thursday and Friday.
- The order cut off times are as follows:
- orders for Wednesday delivery must be placed by 5.00pm Tuesday;
- orders for Thursday delivery must be placed by 5.00pm on Wednesday; and
- orders for Friday delivery must be placed by 5.00pm on Thursday.
Any orders received after the 5.00pm cut off will be delivered on the next available delivery day, that is, if Wednesday delivery cut-off is missed, delivery will be Thursday, if Thursday delivery cut off is missed delivery will be Friday and if Friday delivery cut-off is missed, delivery will be Wednesday of the following week.
- Orders are delivered between 10.00am and 5.00pm but this is subject to change at the discretion of Botanica Bird.
- While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
- For non-delivery of goods, please notify us by email as soon as possible.
- Delivery Locations
- Botanica Bird will deliver Orders to all suburbs in the Newcastle City Council local government area (“Delivery Areas”). These include:
Adamstown, Adamstown Heights, Bar Beach, Beresfield, Birmingham Gardens, Black Hill, Broadmeadow, Callaghan (University), Carrington, Cooks Hill, Elermore Vale, Fletcher, Georgetown, Hamilton, Hamilton East, Hamilton North, Hamilton South, Hexham, The Hill, Islington, Jesmond, The Junction, Kooragang, Kotara, Lambton, Lenaghan, Maryland, Maryville, Mayfield, Mayfield East, Mayfield North, Mayfield West, Merewether, Merewether Heights, Minmi, New Lambton, New Lambton Heights, Newcastle, Newcastle East, Newcastle West, North Lambton, Rankin Park, Sandgate, Shortland, Stockton, Tarro, Tighes Hill, Wallsend, Warabrook, Waratah, Waratah West, Wickham.
- If your Order includes a delivery location which is outside of the Delivery Areas, then, at our discretion:
- you will be contacted to arrange pick up of your Order from our studio by appointment; or
- your Order will be refunded less an administrative cost of 2.9% of the Order cost plus 30c.
- Delivery can be made to all residential and commercial buildings. If we are provided with an incorrect delivery address, you will be charged a $10 fee for re-delivery.
- Residential Address
Orders will be left at the address if no one is home. We will do our best to place the Order in a discreet and safe location. If there is no suitable location to leave the Order, you will be charged a $10 fee for re-delivery.
- Secure Apartments
If delivery is being made to a secure apartment building, Botanica Bird will contact the customer and if there is no answer a $10 fee for re-delivery will be payable or the customer can collect the Order from the Botanica Bird studio.
- Commercial Premises
We will deliver the Order to reception if the recipient is unavailable.
Limitation on claims
- Our liability for failure to comply with a consumer guarantee is limited to:
- the replacement of the Order or the supply of equivalent goods; or
and we will determine, in our sole discretion, whether replacement or a refund will be offered.
- In all other respects, our total liability for loss or damage of every kind, arising out of or in relation to the supply of the Order, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the Order.
- We do not have any liability under or may be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement which result from circumstances beyond Our reasonable control.
- If We are affected by these circumstances we will promptly notify you when such circumstances cause a delay or failure in performance and when they cease to do so.
- The parties expressly agree that this Agreement will be governed by and interpreted in accordance with the laws of the State of New South Wales.