Terms and Conditions
1. GENERAL TERMS AND CONDITIONS
I. This website is owned and operated by Roses Only Pty Ltd. ABN: 60 065 255 692
II. Roses Only 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. 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. We are unable to deliver on Saturday, except when stated otherwise.
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
I. Hampers Only products are dispatched a third party courier.
II. In the event when the goods are dispatched and the recipient is not available to accept delivery or there is no safe drop-off point, the goods will be returned to the closest depot 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’ drop option has been selected.
Ill. Hampers Only uses reputable third party contract couriers. Whilst every care is taken to ensure accurate and safe delivery, we cannot guarantee unforeseen circumstances, such as damage or delay that results in a parcel not arriving at a certain time or place. Roses Only will work with the customer to assist in resolving any issues that may be a result of a third party failure.
lV. In order to avoid any disappointment, please place your order early to provide us with the best opportunity to deliver your gift by your preferred delivery date. For further information please feel free to contact one of our experienced Customer Service Consultants on 1300 767 376 or email us at service@rosesonly.com.au.
Address Types
I. For Residential addresses, if a courier deems a delivery location unsafe, the order will be returned to dispatch and redelivery fees may apply. For Hampers Only deliveries dispatched to Australia Post, see the above. The recipient may receive a calling card to retrieve their delivery from the closest depot point.
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.
3. CUSTOMER OBLIGATIONS
Contact Details
I. Customers must supply The Roses Only Group with a valid contact email and phone number.
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.
4. ALTERATIONS AND AMENDMENTS TO ORDERS
I. Please ensure your delivery details are correct when you place your order, as we are unable to provide any alterations or amendments (including cancellations) for orders that are already in transit. This could be up to 5 business days in advance of the delivery date so please contact our team on 1300 767 376 as soon as possible if you must make an adjustment to your order.
Hampers Only
A. 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 - Brisbane Metro locations.
B. Australia Wide Deliveries:
I. Alterations and amendments must be confirmed before the hamper is in transit. Generally, this will be 3-4 days prior to the requested delivery date, so please contact our team as soon as possible before delivery and we will do our best to accommodate your desired changes.
Substitutions
I. From time to time, some ingredients may become temporarily unavailable and require a substitution. In this instance we will substitute any ingredient with a similar ingredient of equal or higher value.
5. CANCELLATION OF ORDERS
I. Customers may cancel orders at any time prior to dispatch for a full refund. Please contact our Customer Service on 1300 767 376 (int: +61 2 8415 9206) to discuss your options.
II. If the cancellation is authorised the difference will be refunded, within 3 - 5 working days, or at the discretion of the customer’s bank/financial institution.
III. Roses Only is unable to cancel orders that are already in the dispatch process
IV. Roses Only is unable to cancel orders that are already prepared and/or are with a courier for delivery.
6. COMPLAINT POLICIES
Hampers Only
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 may request a photo of the damaged goods.
7. 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 Pty Ltd, ABN: 60 065 255 692, Liquor Licence 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.
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 not available in the 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 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.
9. 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.
We accept payment by Visa, Mastercard, American Express and Diners Club credit cards.
When providing your credit or debit card details you are agreeing that you are authorised to use that card and it must have sufficient available funds to cover your charges.
A surcharge of 3% is applied for payments made with Diners Club credit cards. No surcharges apply for other credit card providers such as American Express.
10. DISCOUNTS
I. Discounts apply to the product value and exclude the delivery charge unless otherwise specified.
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 completed.
VI. All Roses Only Group promotional codes (Roses Only, Hampers Only, Fruit Only) are valid for one product per transaction only and for personal consumption only.
VII. These terms and conditions apply in conjunction with any terms and conditions, written on or associated with, 'the discount'.
11. GIFT VOUCHERS
I. The voucher is redeemable by the bearer for Roses Only, Fruit Only and Hampers Only merchandise to the value stated on the front of the voucher.
II. The voucher may not be used after the expiry date as stated on the certificate and is not exchangeable, refundable, replaceable or redeemable for cash, payment of accounts or other gift vouchers or discounts.
III. The voucher is valid for deliveries made within the specified Roses Only Australia delivery network only.
IV. The voucher cannot be used in conjunction with any other promotion, discount or certificate offer. Only one discount will apply per order and it will be the larger discount of the two.
V. Limit of one voucher per order applies.
VI. The Roses Only Group is not responsible or liable for vouchers that are lost or stolen.
VII. Gift voucher may only be redeemed on the Roses Only, Hampers Only and Fruit Only websites, or over the phone on 1300 767 376.
VIII. The Roses Only Group will not redeem a voucher if our records indicate that it has already been redeemed or has not been issued.
12. 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.
IV. For customer security, your IP address has been logged and will be recorded with your purchase 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
13. FRAUD
I. Any party engaged in illegal activities involving the use of Roses Only Group websites will be reported to the relevant authorities.
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 reported to the relevant authorities.
14. 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.
15. 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.
16. 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.
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, theft, lockout or interruption or failure of electricity or telephone service or any other event or phenomenon beyond The Roses Only Group’s control.
18. Competition Terms & Conditions
1. By participating in this promotion, you are accepting these Terms & Conditions.
2. Entry is only open to Australian residents aged 18 years and over.
3. The Promoter’s decision is final and no correspondence will be entered into.
4. Winners will be notified either by phone or email within 24 hours of the promotional end date.
5. The winner is at the full discretion of Roses Only, and will be chosen based on the most interesting or unique response, in the opinion of Roses Only management.
6. By participating in this promotion, you are opting into Roses Only being allowed to contact you by email about new offers, products or services. You will have the option to unsubscribe from regular offers once they commence.
19. Messages/SMS Service Terms & Conditions
The Roses Only Mobile message service (the "Service") is operated by Roses Only Pty Ltd (“ Roses Only” , “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Roses Only SMS/text messaging service, you agree to receive recurring SMS/text messages with service-related and promotional messages, including transactional messages: updates, alerts, and information (e.g., order updates, account alerts, etc.) and promotions, specials, and other marketing offers (e.g., cart reminders)] from and on behalf of Roses Only via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialling system or other technology.
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Roses Only. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Standard message and data rates may apply from your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Click the unsubscribe link in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Roses Only mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, please contact our privacy officer by emailing privacy@rosesonlygroup.com.au .
We may change any shortcode or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice here.