WEBSITE TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to themarmaladesky.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and themarmaladesky.com.au’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that themarmaladesky.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), themarmaladesky.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of themarmaladesky.com.au.
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
RETURNS AND REFUNDS
themarmaladesky.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order, please notify us within 3 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of themarmaladesky.com.au.
LINKS TO OTHER WEBSITES
themarmaladesky.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between themarmaladesky.com.au and the owners of those websites. themarmaladesky.com.au takes no responsibility for any of the content found on the linked websites.
themarmaladesky.com.au’s website may contain information or advertisements provided by third parties for which themarmaladesky.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, themarmaladesky.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. themarmaladesky.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of themarmaladesky.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. themarmaladesky.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
DISCLOSURE OF INFORMATION
themarmaladesky.com.au may be required, in certain circumstances, to disclose information in good faith and where themarmaladesky.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of themarmaladesky.com.au. themarmaladesky.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then themarmaladesky.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. themarmaladesky.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
themarmaladesky.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and themarmaladesky.com.au concerning your use and access to themarmaladesky.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and themarmaladesky.com.au that results in litigation then you must submit to the jurisdiction of the courts of NSW.
The Marmalade Sky sells flower arrangements that may be delivered with alcohol as gifts. This alcohol cannot be sold separately, but rather, may form part of a genuine gift only. The maximum volume of alcohol cannot exceed 2 Litres. In accordance with the Liquor Control Act 1998, we do not sell or supply alcohol to, or on behalf of a person under the age of 18 years. Gifts which include alcohol cannot be delivered to the orderer/purchaser, nor can it be delivered to, or accepted by a minor, nor can the gift be left at the premises without being accepted by an adult.
Gifts must be delivered between the hours of 7am and 7pm.
FLOWER/PERISHABLE GOODS SHOP POLICY
These Shop Policies/Terms + Conditions govern the use of themarmaladesky.com.au/shop and the purchase of any flower or perishable goods from this site.
By using and purchasing from our online shop you agree to be bound by its terms, conditions, disclaimers and limitations of liability. You also acknowledge that you have read and understood these Terms and Conditions. We reserve the right to amend or update this information at any time without providing notice.
All orders must be placed before 5pm AEST to secure next day delivery. All orders received after 5pm AEST will be processed in 2 days time. (e.g. order received at 7pm on Monday will be delivered on Wednesday). We do not offer same day delivery.
The Marmalade Sky Pty Ltd owns the Copyright to all designs and product on this site and store, unless stated otherwise. All designs are my own. Any reproduction of or use of these designs other than intended personal use will be an infringement of that Copyright and will be prosecuted.
We use a combination of our own shop courier as well as outsourced courier companies if necessary. Our delivery routes are determined based on time and efficiency. All deliveries are completed between 9am-6pm. We cannot guarantee specific delivery times and we do not provide delivery tracking.
We will leave flowers at, or near, the door if we deem it safe to do so. Our bouquets are wet packed so that if this occurs, they have a temporary water source to ensure longevity. If necessary, we will contact the recipient to let them know where we’ve left their flowers.
We DO NOT offer refunds. If you are unsatisfied with the quality of your order, please contact us at email@example.com to discuss ASAP. We will ask for photos and specific details on how the products were stored so we can determine the issues with the quality.
We are unable to offer a refunds for change of mind, incorrect delivery address or damage caused by our delivery partners. It’s the purchaser’s responsibility to make sure they provide us with the correct delivery address. If the wrong delivery address is given we can re-deliver, but this be at an additional cost.
Should you need to cancel or change the details of your delivery please email us as soon as you can. We know that sometimes a recipient leaves work early, is sick or has moved house. But as we operate on super-quick turn around times, we really need 24 hours notice to change or cancel an order. We will do our best to accommodate any changes to the best of our abilities.
We collect your Personal Information for the primary purpose of providing our services and products to you. We may also use your Personal Information for secondary purposes closely related to the primary purpose, such as marketing in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
Flowers are a perishable item and will always last longer they are well looked after. All flowers are delivered with a ‘Flower Care Guide’. Please refer to this for instructions on how to store and care for your flowers. We are not responsible for lack of care once delivered, such as not placing in fresh water or a spike in temperature,
We CANNOT guarantee the exact colour or variations of ANY flower, plant or product used in the arrangements. All natural products are subject to differences, environmental impacts and no two products will ever be the same. We will substitute if necessary to make your arrangement as gorgeous as possible.