Customer Terms & Conditions
*BECAUSE THESE TERMS AFFECT YOUR LEGAL RIGHTS, IT IS IMPORTANT THAT YOU READ THEM CAREFULLY*
By using the Services provided by the Company, you are confirming your consent to be bound by the terms of this Agreement. If you do not agree, the Company is not willing to provide you with access to the Services and you should immediately discontinue your use of the Services. You agree that the Company may modify this Agreement at any time in its sole discretion and without prior notice to you. Such changes will be posted online and will be effective upon posting. You should review this Agreement periodically to ensure familiarity with its then-current terms and conditions. Your continued use of the Services shall constitute your acceptance of this Agreement and your continued use of the Services following any modification of this Agreement shall constitute your acceptance to the Agreement, as amended. If you do not agree to the changes, you must notify the Company in writing or by telephone of your refusal and discontinue your use of the Services.
Use of the Services
By using the above mentioned Services and the Remote Bidder software provided by the Company, you acknowledge and agree that:
- The Company and/or any third party Information Provider(s) reserve all rights to proprietary information (including, but not limited to, all intellectual property rights such as; patents, trade marks, service marks, copyrights, database rights, topography rights, industrial design know-how, trade secrets, trade names, logos, designs, symbols, emblems, insignia, slogans, drawings, plans and other identifying materials, in all forms whether or not registered or capable of registration and any other rights relating to intellectual property in accordance with the applicable law(s), subsisting in or relating to the Services.
- The use and interpretation of the Services require skill and judgement, and you shall at all time exercise your own judgement in the use of the Services.
- You are responsible for all statements made and acts or omissions that occur while your user identification (or “User Name”) and passwords are being used. You are responsible for protecting and securing your User Name and password from unauthorised use and disclosure. If you become aware of, or believe there has been, any breach of security for any of your information stored on the Company’s website or Remote Bidder software, such as the theft or unauthorised use of your User Name, password, or any other information, you will notify the Company immediately.
- To have access to the Flower Auction and services provided by the Company, customers must be at least 18 years of age and registered with the Company.
- The Company provides customers with a platform to buy flowers, floral sundries and plants. Registration with the Company does not obligate the customer to make any purchases.
- In the event that there are discrepancies in regards to product descriptions and grading, the customer agrees to continue through with the transaction. Every attempt will be made by both the Company and the customer to come to a mutually agreeable outcome, in order to minimise all loss factors involved. An example of a possible outcome may include a reduction to original purchase price paid, to enable the customer to liquidate the item to recover the cost.
- The Company’s packing premises is under full CCTV surveillance. In the case of any packing errors where the Company identifies that the customer has received extra product in their box, the Company has the right to charge those items to the next invoice the customer receives. If the units available count provided by the Company is found to be less than specified, the counts shall be altered and the customer’s account credited. The customer shall have no recourse or claim against the Company should this occur.
- A service fee is applicable to any products, services and sundry items on all invoices processed via the Company’s system. The current rate is 10% on invoice total before GST is applied.
- Out of Auction sales attract an additional 4%, for a total service fee of 14% on invoice total before GST is applied.
- Flowers, floral sundries and plants are deemed sold, on the acceptance of the customer’s bid by the auctioneer during an auction. Bidding is made through the Remote Bidder software, or by placing pre-bids on the wwww.flowerauction.com.au website.
- If any customer inadvertently stops the auction clock via Remote Bidder, they will automatically be allocated the quantity that they have selected through Remote Bidder.
- The auctioneer shall determine any dispute absolutely and his/her decision shall be final and binding. The “auctioneer” shall include the person(s) actually conducting the auction and any Company staff where the context so permits.
- A customer may purchase from lots that have passed in, either via the “Missed it” facility in the Remote Bidder software, before the completion of the auction, or via the Sales Department in an Out of Auction sale.
- As the Company is predominantly an online trading company, they do not accept physical cash currency.
- Payment methods offered by the Company are: Direct Debit, EFTPOS, or Credit Card (VISA & MasterCard ONLY) facility via EWAY payment gateway. Direct Bank Deposits are NOT ACCEPTABLE.
- The Company operates strictly on a cash accounting basis only. No credit accounts or 7/14/30/90 day payment terms are offered.
- Payment for purchases are processed and invoiced the following day after a live auction via the customer’s nominated payment method.
- If a customer payment fails and no steps are taken by the customer to rectify the situation, the Company reserves the right to proceed with legal action to collect the outstanding balance.
- Regardless of issues arising post auction, the customer remains liable for payment of the total amount of the auction invoice, due to trust accounting laws and regulations.
- If the customer has nominated direct debit as their payment method, and the direct debit fails, a $20 administration fee may be charged to the customer’s next invoice. It is the customer’s responsibility to ensure that they have a bank balance sufficient to cover the total invoice amount.
- If the customer has nominated a linked credit card as their payment method and the payment fails upon invoicing, a $20 administration fee may be charged to the customer’s next invoice. It is the customers responsibility to ensure they have sufficient funds to cover the total invoice amount.
- The customer acknowledges that the Company is not obliged to issue product credits, however in the case that a credit is warranted, the following credit policies will apply:
– The auctioneer reserves his/her right to deciding if a credit should be issued to a customer
– The Company will process a credit request from a customer, ONLY if it agrees with the customer’s claim, the correct process has been followed and all relevant information and pictures have been provided, within the stated time frame
– The customer acknowledges that products are transported at their own risk
– The Company accepts no liability for product damaged whilst in transit through an external courier or delivery service
– No credit will be issued on products to be picked up, once the product has left the Company’s premises
– Any transport related claims should be taken up with the carrier and not with the Company
– Products sold as Grade 1 or 2 will have credits issued at the sole discretion of the auctioneer or the Customer Service Department
– No credits will be given on Grade 3 products. > Flowers are stored pending collection by the customer or his/her agent at the customer’s sole risk. The Company accepts no responsibility for any loss or damage caused
– If a customer credit is authorised before the invoice is processed, the customer account will be credited immediately. However, should the credit request be authorised after the invoice has been raised, the credit will be processed on the customer’s next invoice
– As per Trust Account laws and regulations, payment of the original invoice cannot be withheld pending credit approval or processing; the customer acknowledges this and agrees to make payment for the original invoice in full.
- Whilst the Company may recommend courier services to customers, they take no responsibility for these external services nor does the Company make or give any warranty or representation regarding their standard. The customer’s relationship is with the service provider to deliver any such services.
- It is the customer’s responsibility to notify their respective courier/delivery company of their intention to have flowers/perishables transported.
- It is the customer’s responsibility to advise the Company of any changes to courier arrangements, before the auction session has ended.
- Errors and omissions within this document do not invalidate any other clauses.
Neither the Company nor any of its third-party Information Providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to this Agreement or resulting from the use or the inability to use the Services, including but not limited to damages for loss of profit, use, data or other intangible damages, even if such party has been advised of the possibility of such damages.
You furthermore agree that the Company reserves the right to monitor your use of the Services on the website and that the resultant information may be used by the Company for its internal business purposes.
Any claims arising from this Agreement will be governed by and construed in accordance with the laws of Queensland and shall be subject to the exclusive jurisdiction of the Queensland Courts.
The Company reserves the right to act on non-compliance with these terms and on any complaints made in this regard. The Company also reserve the right, when deemed necessary, to warn and/or cancel the customer’s registration and refuse service to any offenders should these terms and conditions not be upheld.