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THESE TERMS & CONDITIONS GOVERN THE USE OF WWW.LVLY.COM.AU AND THE PURCHASE OF ANY GOODS AND SERVICES FROM IT.
www.lvly.com.au is owned and operated by LVLY Pty Ltd (ABN 79 600 374 534). When we say “you, your” etc, we mean the person using our site. When we say “our, we, us” etc, we mean LVLY Pty Ltd. Please note that by using this website 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.
You agree to pay for all products and services you order. Prices given on product pages exclude delivery (see below under delivery for more detail). The price of products and services we offer may change without notice from time to time, but we will never change the price of anything you have already ordered and paid for. All prices are quoted in Australian dollars. We accept payment by Visa and Mastercard. Payment card use may be subject to processing fees, but you will be informed of those prior to finalising your purchase.
You may order products from our site by placing an order through the product pages. By placing an order with us, you are making an offer to purchase the desired products and services from us. You are not permitted to order any products for resale to a third party. We reserve the right to accept or reject any offer you make us, for any reason, including but not limited to if the products requested are not available, payment not being processed successfully, we suspect your order is for commercial purposes, there is the possibility of fraud or there is an error in the price or description of the product you want to buy. Each offer you make to us and accepted by us creates a separate and binding agreement between you and us for the supply of the relevant products. Maximum order sizes apply, if you have large requirements, please contact us directly by emailing us at hello@lvly.com.au. To ensure compliance with liquor licensing laws, maximum volume (1.5L), liquor value (50% of the total sale price) and other restrictions apply to orders that include alcohol. For us to put your order through, we need some information from you. Some of these include your name, contact details, billing address, delivery address, and payment details. For information on how we obtain, store and use your personal information please see our Privacy Policy. You should receive a message on the screen confirming your order once your payment has gone through. If you don’t, there may have been a problem with processing your order. Please let us know if this happens by emailing hello@lvly.com.au
LVLY offers a same-day delivery service across metro areas in Melbourne, Geelong, Mornington Peninsula, Sydney, Central Coast, Wollongong, Brisbane, Gold Coast, Adelaide, Perth and Fremantle and next-day delivery service to other areas of Australia, classed as ‘national delivery’. 98% of national orders are delivered on the next business day, however, sometimes they can take a little bit longer (up to 4 days) depending on our courier partners. The cost of delivery is dependent on suburb and fees start from $22.95. This is subject to change and will be updated on our website as the changes occur. Our delivery hours are between 9AM and 9PM. Please note we are not able to guarantee delivery at a specific time of day. Our courier partners do not provide same-day or next-day delivery services to all regional parts of Australia or to International markets but please get in touch if you would like to arrange a custom delivery and we will be more than happy to facilitate this if we can. In the circumstance of the gift not being received by the recipient within four days of the chosen dispatch date, LVLY will contact our third-party logistics company to launch an investigation. We aim to provide a resolution within 24 hours of the investigation launch. Unfortunately, we cannot send to PO Boxes as part of our same-day or next-day delivery options. For public holidays all postcodes will have a 2pm cut off time.
LVLY uses reputable third-party contract couriers to deliver gifts across Australia, including but not limited to StarTrack. Due to the reliance on third-party courier services, LVLY cannot be held responsible for delays during transit. 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 gift not arriving at a certain time or place. Once a gift has been delivered to a concierge or front desk at the address specified we cannot be held responsible for the gift getting to the recipient. In regards to hospital deliveries, if the patient has been discharged the gift will be returned to LVLY HQ and a re-delivery fee will apply. In the unfortunate event of a delay or delivery issue, LVLY will work with the customer to assist in resolving any issues that may be a result of a third-party failure.
A gift is considered as undeliverable if (i) the Recipient’s address is incomplete, incorrect, or cannot be located, (ii) there is no one at home to receive the gift and there is nowhere safe to leave the gift (iii) the delivery is refused by the recipient before opening the package.
All undeliverable gifts will either be (i) re-directed to a local post office for collection by the intended recipient or (ii) returned to LVLY HQ where the customer will be liable for all charges and fees incurred in returning, storing, or disposing of an undeliverable gift. When a gift is re-directed to a local post office a courier card will be left at the recipient’s address to inform them of their local collection point. Due to the perishable nature of some of our products (e.g. flowers), it is strongly advised that recipients collect their gift within 24 hours from the collection point indicated on the courier card. LVLY cannot be held responsible for delays in the collection and pick-up of gifts and is not liable for the quality and condition of perishable goods, such as flowers, that have not been collected within a 24-hour time frame from the date and time of attempted delivery.
Couriers sometimes face problems with delivering goods to units and apartment buildings which can result in gifts arriving late, going missing, or being returned to the closest LVLY HQ. If gifts are being delivered to an apartment or unit address the customer is responsible for ensuring that the recipient will be available on the day to receive the gift. If the recipient is not home and the courier cannot gain access to the building to leave the gift in a safe place the gift will be deemed ‘undeliverable’ and either be (i) re-directed to a local post office for collection by the intended recipient or (ii) returned to LVLY HQ where the customer will be liable for all charges and fees incurred in returning, storing or disposing of an undeliverable gift.
In the event of an undeliverable gift being re-directed to a local post office, a courier card will be left at the original delivery address to inform the recipient where to collect the gift. LVLY is not responsible for gifts not collected by the recipient.
Please be very careful in providing us with correct, complete, and up-to-date address information. If you provide us with an incorrect or incomplete address and we deliver your order as per your instructions, we can accept no responsibility for the mistake. If we are unable to deliver to an incorrect or incomplete address and the order is returned to LVLY HQ, we can redeliver but the customer will incur an additional delivery charge as well as a product replacement fee for any perishable items, such as flowers, that need to be replenished.
LVLY endeavors to fulfill all orders in compliance with product descriptions, however, flower orders may be subject to seasonal and product availability. LVLY reserves the right to substitute flower varieties when necessary, however, we will always take utmost care to ensure the final product is similar in quality to the requested item. Substitutions and alterations to the style of a product will be of similar quality and value.
Only one style of flower posy is available on any given day or week. A limited number of bunches are available each day. Orders made after 5PM (17:00 AEST) will be delivered the following day and treated as an advance order (see below for information on advance orders). The homepage and product pages will be updated when flowers are no longer available to purchase, stating that the style has sold out. All other products will state on the product page if they are no longer available. You will accept the flowers sent (subject to quality issues and your statutory rights).
If you order flowers and choose to ‘send tomorrow or on a later date you accept that you will not see the style of flower posy until the day of delivery when it will be too late to change your order (unless we have the same style available all week). A new style of posy will be available each week or possibly each day depending on the availability of stock or seasonality. If we encounter any supply issues we will inform the sender immediately and give the option of either a full refund or sending flowers on an alternative day.
We do not operate on public holidays in Victoria, New South Wales, and Queensland, so products will not be dispatched on such days. If you order a product for public holidays we will deliver on the next working day
Our National orders are sent out from our Melbourne HQ, if the delivery date falls on a public holiday in a different state your gift will arrive on the next business day.
Due to our quick turnaround times, we’re unable to refund if you change your mind about a ‘send now’ purchase. We are also unable to offer a refund if incorrect delivery information is given to us. It’s the sender’s responsibility to make sure they provide us with detailed and accurate delivery instructions. If the wrong delivery address is given we can re-deliver, but this may be at an additional cost. For advance orders, cancellation must be made 24 hours in advance if necessary. Cancellations can be made by emailing hello@lvly.com.au or by dropping us a line on 03 9071 2481. Every flower is different and some are more delicate than others. You should expect your flowers to last at least 3 days. If for any reason (excluding extreme spikes in temperature) they last less than 3 days, or you’re not happy with your order, please let us know immediately so we can do our best to put things right. If you are at all unsatisfied with our add-ons, please let us know within 48 hours so that we can discuss a refund or another delivery.
We are not liable to you for any consequential, indirect, special, punitive, remote or incidental damages or for any loss of profit, loss of data, loss of goodwill, loss of business, loss of opportunity, increased financing costs, or any failure to realise anticipated savings or any type of commercial or economic loss. All goods supplied to you come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied to you fail to meet a consumer guarantee under the Australian Consumer Law. Nothing in this document excludes, restricts or modifies any condition, guarantee, warranty, right or liability protected by law to the extent that such exclusion, restriction or modification would render this document or any provision of this document void, illegal or unenforceable. Save for in relation to claims you make under the Australian Consumer Law, the maximum amount we will be liable to you in connection with any claim (or claims) you make in relation to your use of our sites and buying products from us is limited in aggregate to the amounts you have paid us for the provision of goods or services. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise. You own the intellectual property rights in the data you provide us. We own (or have rights to use) all other intellectual property existing in and developed in connection with this site. You have no rights to use in any way any of our intellectual property including but not limited to using, copying, embedding (in another website) any design, text, marks and graphics appearing on our site. These terms and conditions may be amended from time to time and it is your responsibility to appraise yourself of the current version applying to your orders by checking this site for the latest version of this document. This site may contain links to external websites that are not operated by us and you agree that no representations or warranties are made by us in connection with those links and that we have any responsibility or liability for those websites and that the provision of the links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites. If any provision of this document is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. Headings are for reference purposes only and do not form part of this document. Any failure to act on a breach by you or others doesn’t waive the right to act on subsequent or similar breaches. All sections which by their nature are intended to survive termination of this document will be deemed to survive. This document is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and the jurisdictional selection provision above does not apply to any claim you may have under the Australian Consumer Law. If you need further assistance please contact us on hello@lvly.com.au.
We now offer Afterpay as a payment option. Afterpay allows you to purchase from online store and pay later in 4 easy interest-free instalments.
Full terms & conditions are available at http://www.afterpay.com/terms
Images uploaded by a User on LVLY.com.au are treated as "User Content" for the purposes of these Terms.
You must not upload User Content, or otherwise deal with User Content through LVLY, if you do not have the right to do so. Each User shall ensure that his/her User Content, and his/her and our use of it, does not:
The above are our Content Rules.
Although we prohibit the uploading of Images and other User Content which infringes our Content Rules, we cannot control and do not monitor or pre-screen the use of our Site.
We may without notice cancel any Personalised Photo product order which appears to breach our Content Policy.
These Terms and Conditions govern all LVLY discounts and promotions. Participation in a LVLY discount or promotion is deemed acceptance of these Terms and Conditions. Any purchase not complying with these Terms and Conditions is invalid.
Eligibility
1.1 The promotional discount is available to individual purchasers only. It is not applicable to institutional or trade purchases.
1.2 The promotional discount is only valid for purchases made online via www.lvly.com.au
1.3 Promotional discount codes can only be used once per individual. Only one promotional discount code can be used per order.
1.4 A promotional discount code cannot be used:
1.4.1 after an order has been placed; or
1.4.2 in conjunction with any other offer or discount
1.5 Promotional discounts are:
1.5.1 only available while stocks last;
1.5.2 non-transferable, not for resale, and not redeemable for cash; and
1.6.3 only valid for one use per customer
1.7 LVLY reserves the right to withdraw, amend or cancel a discount offer at any time.
Promotion Terms
2.1 LVLY reserves the right to withdraw any promotion codes or offers at any time and without notice.
2.2 All promo codes exclude LVLY loves items and cannot be used in conjunction with codes or offers.
General
3.1 LVLY will not sell your personal information to others or release it to others without your prior consent, and will only use your personal data as outlined in our privacy policy.
3.2 LVLY reserves the right to amend these Terms and Conditions at any time. Any revised version will be effective immediately that it is displayed on this website.
3.3 In the event that these Terms and Conditions are translated into any language other than English, the terms of the English Language version shall prevail in the event of any conflict.
Prizes, Giveaways & Substitutions
4.1 If the prize specified by LVLY in a giveaway is not available for any reason at the time of sending, we will substitute the prize for a product of equal or greater value, decided by LVLY.
4.1.1 This includes but is not limited to:
Promoter’s Details
5.1 The Promoter is LVLY Pty Ltd, having its registered office at 15 Cochranes Road, Moorabbin, VIC.
5.2 These Terms and Conditions shall be governed by the law of Victoria, Australia.
LVLY Reviews $500 voucher prize
Discount codes
Discount codes such as affiliate or discount codes provided to our edm database are unable to be applied to corporate orders. Corporate orders are defined as 1-49 gifts per order and 50-50,000+ gifts per order that are processed by LVLY's customer service team and not processed as an online sale directly through our website, lvly.com.com.au These include personalised and custom orders for business clients and deliveries for businesses to singular and multiple address.