Special Event Terms and Conditions

Valentine’s Deliveries 13th Monday – 14th Tuesday February 2012

Order Alterations and Cancellations
All orders for Valentine’s Deliveries (from the 13th – 14th Feb 2012) are final and The Roses Only Group will not accept any alterations, amendments or cancellations (including delivery address, dates, names, card messages, price, products or any other changes).

Delivery Redirections
Redirections for deliveries will not be available on the 13th and 14th of February.

Discounts, Gift Certificates and Promotions
No discounts, gift certificates or promotional codes can be redeemed in conjunction with Valentines Day gifts. Only the 5% Member discount will apply. You must log in to the website in order to receive the 5% Member discount. Please note that if you do not log in, we are unable to refund the difference.

Delivery Confirmation
We will not be able to supply a same day delivery confirmations on the 13th and 14th of February. Delivery confirmation details may be requested two (2) business days after the scheduled delivery date.

The Roses Only Group Terms and Conditions

1. GENERAL TERMS AND CONDITIONS
i. This website is owned and operated by Roses Only & Lush Flowers Pty Ltd. ABN: 60 065  255 692
ii. Roses Only & Lush Flowers Pty Ltd trades under The Roses Only Group, Roses Only, Hampers Only, Fruit Only and Wine Only.
iii. By accessing, browsing or using this website, you agree to all terms, conditions and disclaimers.
iv. The Roses Only Group may amend these terms and conditions from time to time. Any amendment is effective immediately.

2. TRADEMARKS, COPYRIGHTS AND RESTRICTIONS 
i. All material on websites owned, operated, licensed or controlled by The Roses Only Group, including but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by The Roses Only Group its related companies or by other parties that have licensed their material to The Roses Only Group.
ii. Material on any website owned, operated, licensed or controlled by The Roses Only Group is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of The Roses Only Group.
iii. Use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of The Roses Only Group copyrights, trademarks and proprietary rights and is prohibited.

3. GOVERNING LAW
i. The use of this website and these conditions is governed by and construed in accordance with the laws of Australia.
ii. Any legal action arising out of its use shall be brought and enforced under the applicable Australian law.
iii. By using this site, you agree to submit to the jurisdiction of the courts of Australia and any legal action pursued by you shall be within the exclusive jurisdiction of the courts of Australia.

4. THIRD PARTY SITES
i. Websites operated by The Roses Only Group may provide links to related third party sites. The Roses Only Group is not responsible for the privacy practices or the content of such websites and does not warrant the security of any information supplied to third party sites.

5. FRAUD
i. Any party engaged in illegal activities involving the use of Roses Only Group websites will be subject to civil and criminal sanctions and prosecution.
ii. The Roses Only Group does not guarantee that it will be able to prevent any illegal or inappropriate use of its websites, nor that it will give notice of any illegal or inappropriate use of its websites.
iii. It is illegal to place orders under a false name, with a fraudulently obtained credit card or without the consent of the cardholder. Persons found to have placed a fraudulent order will be prosecuted.

6. SECURITY AND PRIVACY
Collection and Use of Information
i. The Roses Only Group collects personal data for the purpose of fulfilling orders for products or services, or for the purpose of competitions and prize-giving, or for any other such purpose which requires the collection of personal data in order for The Roses Only Group to fulfil an obligation.
ii. Personal data includes, but is not limited to: the full name of the customer and/or recipient or competition entrant, payment details, e-mail address, recipient address and contact (mobile) phone numbers.
iii. The Roses Only Group does not keep records of customer credit card details. 
Disclosure of Information
i. The Roses Only Group may disclose personal data necessary to third party service providers for the purpose of fulfilling customer orders and any other obligations, such as prize-giving or sponsorships.   
ii. The Roses Only Group will not disclose personal information to third parties for marketing purposes without prior authorisation.
iii. Under no circumstances will The Roses Only Group sell or receive payments or services for disclosing customer's personal information to any partner or external company.
Sender Anonymity and Disclosure
i. Customers have the right to remain anonymous except in circumstances where personal information is required to complete an electronic transaction.
ii. The Roses Only Group will not disclose sender/customer information to a recipient unless requested or approved to do so by the sender/customer.
Information Storage
i. The Roses Only Group websites utilise cookies to store information of browsing history and to enable browsing features. We do not store any personal or financial information about customer-used cookies.
Promotional Material
i. Customers can elect to receive promotional material by joining as a Member and opting to receive plain text or HTML emails.
ii. In compliance with Australian law, all marketing material sent to the subscriber will include an option for the subscriber to request removal from mailing or contact lists for any future marketing

7. PRICING AND TRANSACTIONS
i. All prices quoted, unless otherwise stated, are inclusive of GST.
ii. All prices, unless otherwise stated, are quoted in Australian dollars (AUD).
iii. Product prices do not include delivery fees.
iv. In the event a customer is entitled to a refund, the refund will be made to the original credit card or paypal account. For paypal transactions the refund will be made to the paypal account.

8. PRODUCT RANGE
Availability
i. Products in the Roses Only and Fruit Only range are not available at all locations. Customers will be informed when a selected product is unavailable to a delivery location.
ii. Roses Only and Fruit Only orders outside our delivery network, are ‘nationwide’ deliveries fulfilled by a third party relay service. These products are unbranded and not packaged in our signature boxes.
iii. Hampers Only and Wine Only products are available for delivery Australia wide.
Substitution and Seasonal Availability Disclaimer
i. The Roses Only Group endeavours to fulfil orders in compliance with product descriptions, however orders may be subject to seasonal and product availability.
ii. The Roses Only Group reserves the right to substitute products and items when necessary. Utmost care is taken to ensure the final product is as similar in quality to the requested item. Substitutions and alterations to the style of a product will be of similar quality and value.
Photography and Products
i. For photographic purposes containers such as dishes, glasses or other props may be used for display purposes and are not included with the final product.  The itemised product description available on the product page outlines the contents of final products. 

9. PURCHASE AND SALE OF ALCOHOL
Roses Only, Fruit Only and Hampers Only
i. Roses Only, Fruit Only and Hampers Only support the Responsible Service of Alcohol. All orders for liquor are facilitated and processed by Roses Only and Lush Flowers Pty Ltd, ABN: 60 065 255 692, Liquor License No. 3605 2526 (VIC).
ii. Under the Liquor Control Reform Act 1998 it is an offence for a licensee to supply liquor to a person under the age of 18 years. It is an offence for a person under the age of 18 years to purchase or receive liquor from another person.
iii Alcohol quantities are limited to 1.5litres per recipient. When placing orders customers should ensure that they do not exceed sending the permitted alcohol limit of 1.5 litres (approximately two bottles) per recipient.
Wine Only
i. Wine Only supports the Responsible Service of Alcohol. It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years. NSW Packaged Liquor Licence, Licence Number LIQP770010370.
ii. Purchaser Representation: By ticking the ‘I agree’ button during the checkout process, the purchaser represents that they and the recipient, are over 18 years old. The purchaser accepts that it is an offence to falsely represent they are of legal age to purchase alcohol and to obtain alcohol on behalf of a person who is under 18 years.
iii. Delivery: Upon delivery of Wine Only products, the recipient maybe required to provide a valid ID for proof of age and sign for the goods.

10. DISCOUNTS
i. Discounts apply to the product value and excludes the delivery charge.
ii. Discounts may not be combined with any other offers, discounts or gift vouchers.
iii. Discounts may not be redeemed for cash or transferred.
iv. Customers entitled to a discount, must quote, enter or apply the valid discount code prior to order payment and finalisation.
v. Discounts will not be applied to an order after payment has been taken.
vi. These terms and conditions apply in conjunction with any terms and conditions, written on or associated with, the discount.

11. DELIVERY
Delivery Fee Quote Guarantee
i. Prior to checkout, The Roses Only Group agrees to quote and/or display the delivery fee.
Delivery Times
ii. The delivery time selected by the customer is the latest the delivery can be made. The delivery can be made anytime, up to or before, the selected delivery time.
Saturday Deliveries
iii. Depending on the location, Saturday deliveries are available and additional delivery charges may apply. Customers will be informed prior to checkout if a Saturday delivery is possible. 
Sunday and Public Holiday Deliveries
iv. Deliveries on Sundays and public holidays are not available, except when stated otherwise.
Special Events Deliveries
v. The Roses Only Group sets different terms and conditions in relation to special events. These include, but are not limited to, Valentine’s Day, Mother’s Day and Christmas.
vi. Terms and Conditions in relation to special events will be updated on our website from time to time and will be effective immediately.
Deliveries in Transit
i. The Roses Only Group does not provide a track and trace service or an estimated time of arrival once products are in transit for delivery.
ii. Proof of Delivery (POD) times are available, if requested a day after the set delivery date. Hampers Only and Wine Only
i. Hampers Only and Wine Only products are dispatched with Australia Post or a third party courier.
ii. The Roses Only Group accepts no responsibility for delays associated with Australia Post or the third party courier.
iii. In the event the goods are dispatched with Australia Post, the recipient is not available to accept delivery and there is no safe drop-off point, the goods will be returned to the closest Post Office and a calling card will be left notifying the recipient to pick up the goods. This still applies when ‘OK Front Door’ or ‘OK Back Door’ has been selected.
Address Types
i. For Residential addresses, if a courier deems a delivery location unsafe, the order will be returned to dispatch and redelivery fees will apply. For Hampers Only and Wine Only deliveries dispatched to Australia Post, see the above.
ii. For business, school and hospital addresses, the Roses Only Group accepts no responsibility for delivered items that are redirected to the mailroom, front desk or reception.

12. COMPLAINT POLICIES
Roses Only and Fruit Only Three Day Complaint Policy
i. Any dissatisfaction with the product(s) must be communicated to Customer Service within three (3) days of delivery. Australia Callers: 1300 767 376 International Callers: +61 28346 9333
ii. The Roses Only Group reserves the right to request photos of the original product(s). To assist us in quality control it is our policy, if requested by us, to collect the original products.
Hampers Only and Wine Only Complaint Policy
i. In the event that there are damaged goods in the hamper, please contact Customer Service immediately. Australia Callers: 1300 767 376 International Callers: +61 28346 9333
ii. The Roses Only Group reserves the right to request a photo of the damaged goods and/or a return of the hamper/damaged goods to a reply paid address.

13. CANCELLATION OF ORDERS
i. Cancellations 24 hours prior to the scheduled delivery date for deliveries within Australia and 48 hours prior to the scheduled delivery date for international deliveries, will incur an administration fee of $30.00.
ii. Cancellations received after the applicable period stated in the above, will be refunded at 50% of the total order value.
iii. If the cancellation is authorised the difference will be refunded, within 5 – 7 working days, or at the discretion of the customer’s bank/financial institution.

14. ALTERATIONS AND AMENDMENTS TO ORDERS
i. We are unable to provide any alterations or amendments for orders that are in the process of being prepared, already prepared and/or in transit.
ii. Depending upon the alteration or amendments the Customer must pay for any additional fees and charges incurred.
iii. No cash or credit refunds will be made for alterations or amendments that result in a value less than the original order cost.
iv. The Roses Only Group reserves the right to refuse alterations and amendments.
Roses Only and Fruit Only
i. Alterations and amendments must be requested before 1.00pm (EST Sydney Time), the day before the set delivery date.
ii. For International orders, alterations and amendments must be requested 48 hours before the set delivery date.
Hampers Only and Wine Only
Same Day Deliveries
i. Alterations and amendments must be requested by 1.00pm (EST Sydney Time), the day before the set delivery date.
ii. Same day deliveries are only available for Hampers Only.
Next Day Deliveries
i. Alterations and amendments must be requested by 2.00pm (EST Sydney Time) the day before the set delivery date.
Standard 3 – 5 Day Deliveries
i. Alterations and amendments must be requested by 2.00pm (EST Sydney Time), three (3) days before the set delivery date.
Alterations and Amendments Disclaimer: During Special Events, including but not limited to, Valentine’s Day, Mother’s Day and Christmas, all orders are final and The Roses Only Group reserves the right to not accept any alterations or amendments to orders.

15. CUSTOMER OBLIGATIONS
Contact Details
i. Customers must supply The Roses Only Group with a valid contact email and two phone numbers (eg. a landline and a mobile.)
ii. The Roses Only Group accepts no liability arising out of failure to contact a customer, where the contact details were not supplied, were invalid or incorrect.
Delivery Address
i. It is the obligation of the customer to ensure the recipient’s delivery address is correct.
ii. Failure to provide the correct delivery details may result in incorrectly delivered goods, undelivered goods and additional redirect fees.
iii. The Roses Only Group accepts no liability for incorrectly delivered or undelivered goods, where the customer made no reasonable attempt to correct the address within a reasonable period of time and/or the Roses Only Group acted reasonably when delivering the goods.
Recipient Details and Personalised Messages
i. The customer must ensure recipient details, such as their name and address are correct and also spelt correctly. The Roses Only Group accepts no responsibility for any incorrect information, when such information results from a reliance on information provided by the customer.   
ii. In regards to internet orders, customers should ensure that their personalised message is written to their satisfaction. The Roses Only Group accepts no responsibility for incorrect spelling, grammar or formatting.

16. GIFT CERTIFICATES/VOUCHERS
i. The certificate/voucher is redeemable by the bearer for Roses Only, Fruit Only, Hampers Only and Wine Only merchandise to the value stated on the front of the certificate/voucher.
ii. The certificate/voucher may not be used after the expiry date as stated on the certificate/voucher and is not exchangeable, refundable, replaceable or redeemable for cash or payment of accounts.
iii. A minimum purchase value as stated on the gift certificates/vouchers is applicable. The minimum purchase value is exclusive of delivery fees.
iv. The certificate/voucher is valid for deliveries within the specified Roses Only Group delivery network.
v. The certificate/voucher cannot be used in conjunction with any other promotion or discount offer or with a Roses Only membership discount. Only one discount will apply per order and it will be the larger discount of the two.
vi. Limit of one certificate/voucher per order.
vii. The Roses Only Group is not responsible or liable for certificates/vouchers that are lost or stolen.
viii. This voucher may only be redeemed on the Roses Only, Hampers Only and Fruit Only websites, or over the phone on 1300 767 376.
ix. Partial deductions in the value of a gift voucher are allowed and a record of the remaining value will be kept by The Roses Only Group. There are no re-issues of the deducted gift certificate value.
x. The Roses Only Group will not redeem a voucher if our records indicate that the certificate/voucher has already been redeemed or has not been issued.
xi. Certificates/vouchers may not be applied after a transaction is completed.
xii. Any inconsistencies and issues arising from differences between the terms and conditions listed here and presented on the gift certificate/voucher is at the discretion of The Roses Only Group to resolve.

17. FORCE MAJEURE
i. The Roses Only Group is not liable for failure to perform obligations, including but not limited to, the fulfilment of an order or a delivery, if such failure occurs as a result of acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster) war, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power, terrorist activities, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service or any other event or phenomenon beyond The Roses Only Group’s control.