Please read this agreement entirely and carefully. By accessing the website or using services or products supplied by Botanical Statements ABN 92422029872 (also referred to as “we”, “us”, “our” and encompassing our officers, employees, agents or other representatives), you agree to be bound by the terms and conditions below. Each page on this website must be read in conjunction with this agreement and any other agreement that forms part of it.
Governing Law and Jurisdiction
- These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
- If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect.
- If you access this website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. We make no representations that the content of this website complies with the laws of any country outside Australia.
- To the fullest extent permitted by applicable law, Botanical Statements disclaims all representations and warranties, express or implied. However, Botanical Statements will endeavour to ensure customer satisfaction and will at all times comply with the applicable law.
- All care is taken to ensure that the Botanical Statements website and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.
- You assume all responsibility and risk for the use of this website and the Internet generally. Under no circumstances, including negligence, shall Botanical Statements, our officers, employees, agents or other representatives be liable for any direct, indirect, incidental, special or consequential damages, or lost profits that result from the use or inability to use the website. Nor shall we be liable for any such damages including, but not limited to, reliance by a member or visitor on any information obtained via the website; or that result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction or unauthorized access.
- You further agree to indemnify and hold us harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your account, of any intellectual property or other right of any person or entity.
- Given the nature of the internet, we cannot guarantee that any data transmission is totally secure. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us. You therefore transmit to this website at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve its security. If you become aware of any problems with the security of the data or the website, please contact us immediately by email firstname.lastname@example.org
- We may, from time to time, add, change or remove information, products or services from this website without notice. We reserve the right to amend these Terms at any time without notice and we may terminate your access to this website at any time without notice. Your continued use of this website following such notification will represent an agreement by you to be bound by the Terms as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms will survive.
- Reference to "website" means the whole or any part of the web pages located on this website (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).
- Our website may contain links to other websites which are owned or operated by third parties. These links are provided for convenience only and may not remain current or maintained.
- We should not be construed as endorsing, approving, recommending or giving preference to these third parties or their websites, or of any information, products or services referred to on those third party websites unless expressly stated.
- You link to these websites at your own risk and should make your own enquiries as to the privacy policies of these third parties. We are not responsible for information on, or the privacy practices of, such websites.
- We do not permit any linkages to this website without written permission. Should you require permission to link to this site please contact us.
- We reserve the right to substitute flowers, foliage and containers with a similar product of the same value and quality if we are unable to fulfil your order.
- You acknowledge and agree that Botanical Statements 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 supplied to you, or on behalf of you.
- You agree to indemnify and hold Botanical Statements harmless from and against any and all claims, loss or expense that may be incurred by Botanical Statements which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
- Botanical Statements reserves the right to change these Terms and Conditions without notice. Terms and Conditions published on this website will always be the latest and will override any prior Terms and Conditions provided in any other form.
- All content included on this site such as text, graphics, logos, images, and software is the property of Botanical Statements and protected by Australian and international copyright laws.
- Material and product photographs on this website also comprise copyright material, trademarks and registered trademarks which are the property of Botanical Statements. This property may only be used for the purposes of browsing the Botanical Statements website and acquiring goods of Botanical Statements.
- Prices of products and delivery and other charges displayed on the Botanical Statements website are current at the time of display. These prices are subject to variation without notice.
- Botanical Statements 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.
- Prices displayed on this website are in Australian dollars and for retail are inclusive of GST. The wholesale area of the website requiring login access displays prices exclusive of GST.
- Prices are subject to change, and do not include display accessories, options or delivery.
- We reserve the right to correct any errors or misprints and have no responsibility if goods are unavailable
- Every effort has been taken to display as accurately as possible product descriptions, dimensions and colour finishes on this site. The actual colours you see will depend on your computer/monitor and Botanical Statements does not guarantee that your monitor’s display of any colour is true and accurate.
- For approved corporate account holders payments are required strictly within 7 days of invoice date.
- For custom design work a deposit of 50% of the estimated/quoted amount is payable on acceptance of the quotation. The reminder is due on completion of the design 3 days prior to dispatch or payable on delivery/pickup as pre-arranged.
- We accept a variety of payment options. Details can be found on the invoice issued to you.
- Direct Bank Deposit / EFT / Bank Transfer.
- Credit Cards. We accept MasterCard and Visa.
- Cheques. Payable to Botanical Statements.
- All goods remain the property of Botanical Statements and the Title in any goods does not pass to the Purchaser until all debts owed to Botanical Statements on any account whatsoever, including Interest, Bank Charges, Legal Fees and Collection Expenses are paid in full. In this regard, the Purchaser grants the right for Botanical Statements to enter the Purchaser's premises, or any other premises where the goods are reasonably believed to be stored, without notice, to take possession of the goods.
Returns, Exchanges, Refunds and Credits
- We do not exchange, refund or credit for incorrect choice.
- Any goods purchased from Botanical Statements may only be exchanged, refunded or credited if found to be damaged, faulty or incorrectly supplied.
- All returns once authorised must be returned to us within (7) days of receipt.
- The cost of freight to return good is the responsibility of the purchaser.
- Refunds will be made by the same way as the original payment. For example, if payment was made by credit card, the refund will be made to the same credit card.
- Credits will lapse after one (1) year.
- All products are packaged with care. In the unlikely event that an item is damaged or broken in transit, as a first step, please advise us immediately so that a suitable solution can be determined.
Botanical Statements sends all orders via our preferred carrier to ensure fast & safe delivery. All orders both domestic and international MUST be delivered to street address. Please note we DO NOT deliver to post office box addresses.
All deliveries require a signature upon receipt. In the rare event that nobody is available at the nominated address to sign for the package, then the courier may leave a notification card and you will need to call them directly to rearrange a suitable delivery day for which a further delivery charge from courier service may apply.
For all deliveries detailed above it is the responsibility of the customer to check that all cartons are accounted for before signing for the delivery. A signed "Proof of Delivery" (POD) will be used to determine the delivery of an order. Botanical Statements does not accept responsibility for goods that are misplaced after they have been delivered and signed.
If you wish to use your own courier please advise upon receipt of order. We will simply liaise with your courier regarding pick-up of the order from our premises. Once we have delivered goods to your courier or they have picked the goods up, we will have no further responsibility for their loss or damage whilst in transit.
Once the order is ready, deliveries to most Capital cities in Australia take approximately 2-4 working days. For urgent delivery requests please note that Botanical Statements will make every effort to dispatch orders on time, however we can’t guarantee the nominated freight company will deliver on time as requested. We are also unable to request the courier to call before delivery. Please understand that as we use a third party for deliveries we are unable to guarantee an exact delivery date, once the goods leave our premises, circumstances may arise which are outside of our control. Please call us if you have not received your order within 21 working days of placing your order or if you have any concerns at all.