Terms & conditions
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.
COVID-19 (Coronavirus) – Update to terms & conditions as of 17/03/2020
Please note that we have updated our T&Cs in light of the current situation regarding COVID-19 in Australia.
We have implemented a ‘contactless delivery’ policy with immediate effect. This means wherever possible there should be no direct contact between drivers and customers.
Drivers have been given ‘authority to leave’ for all deliveries wherever there is a safe place to leave the gift. This is to further reduce the opportunity for person to person contact.
Drivers will still be required to alert the gift recipient – either by knocking on door / ringing doorbell and ask for the recipient’s name.
Drivers will be required to take photos as proof of delivery, rather than obtain signatures from the gift recipient.
As this is a public health measure, we will not be asking customers to give us prior permission for ‘authority to leave’ gifts and flowers.
For deliveries to business addresses that may be closed due to COVID-19, we are happy to send orders to an alternative address at no extra cost as long as we are informed of the address change prior to 11am on the day of delivery. An additional delivery fee will be charged for any updates to addresses after 11am on the day of delivery. It remains the customers responsibility to ensure that all delivery address details are correct and up to date.
For further information on measures we are implementing due to COVID-19, please see our FAQs page.
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.
LVLY offers a same day delivery service across metro areas in Melbourne, Sydney and Adelaide and a one to four day delivery service to other CBD and metro areas in Australia. The cost of delivery is dependent on suburb and fees start from $16.95. This is subject to change and will be updated on our website as the changes occur. Our delivery hours are between 8.00am and 6.00pm. 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 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 delivery option.
Third party courier service
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 recipients 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.
Units and apartment buildings
Couriers sometimes face problems with delivering goods to units and apartment building 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.
Incorrect and incomplete addresses
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 a additional delivery charge as well as a product replacement fee for any perishable items, such as flowers, that need to be replenished.
Substitution and Seasonal Availability Disclaimer
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.
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 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 delivery date falls on a public holiday in a different state your gift will arrive on the next business day.
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 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.
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].