Terms & conditions
These Terms & Conditions govern the use of lvly.com.au and the purchase of any goods and services from it. 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.
Prices and Payment
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.
We currently offer a delivery service in Victoria, Australia only. Cost of delivery is dependent on suburb and starts from $9.95. This is subject to change and will be updated on our website as the changes occur. Our delivery hours are between 11.00am and 6.00pm. Please note we are not able to guarantee delivery at a specific time of day. We will leave items/gifts at, or near, the door if we deem it safe to do so. If necessary, we will contact the recipient to let them know where we’ve left their flowers. If there is nowhere safe to leave them we’ll contact the sender to re-arrange delivery which may incur a re-delivery fee. We are only responsible to deliver to the front door of your notified address. If you ask us to deliver inside a premise or building, then you are responsible for all loss or damage suffered by us (which will include any service provider we use for delivery services). You may re-arrange a re-delivery of product, subject to a re-delivery charge. You promise to us to ensure the person accepting the delivery is authorised and legally allowed to do so. Free shipping applies to orders over $75 going to one shipping address. You may still order multiple gifts, to multiple addresses in one transaction, however you will be charged a delivery fee for any orders that are under $75. This cost waiver will be applied automatically when you reach checkout. Once an order has been processed through our website we are unable to amend the order manually so that the free shipping may apply.
We will be offering Mother’s Day delivery on Sunday 14th May, 2017. This will incur an extra $10 surcharge applied automatically at checkout.
Availability of product
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 13:00 (1pm) 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 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.
Days of operation
We do not operate on weekends, or public holidays in Victoria, so products will not be dispatched on such days. If you order a product for weekends or public holidays we will deliver on the next working day
Weekend deliveries for special dates such as Mother’s Day etc. will incur additional delivery fees, these will be updated in your cart after selecting the weekend date.
Warranties, refunds and cancellations
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, a cancellation must be made 24 hours in advance if necessary. Cancellations can be made by emailing [email protected] or by dropping us a line on 0432768061. 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.
Liability and general matters
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 [email protected].