Terms of service

The use of this website (‘site’) is governed by the policies, terms and conditions below which constitute an agreement between users of the site (‘You’, Your’) and Beija Flor Darwin Pty Ltd (ABN 69 653 356 622) (‘We’, ‘Us’). Please read them carefully. Your use of this site indicates Your acceptance of these terms and conditions, disclaimers and limitations of liability. Your placement of an order online or by phone indicates Your acceptance of these terms and conditions. We reserve the right to make changes to this site and these terms and conditions at any time. If you do not agree to be bound by these terms and conditions, You may not access this website.

User Accounts

To use some of the services available on this Site You will need to register. When You register You are required to provide information about yourself that is true, accurate, current and complete. Should any of Your registration information change, please notify Us immediately. We may also change registration requirements from time to time. Please refer to our Privay Policy for information about how We use Your data.

Eligibility

In order to make purchases on the Site You will be required to provide Your personal details. You must provide Your real name, phone number, e-mail address and other requested information. You will be required to provide payment details that You represent and warrant are both valid and correct and You confirm that You are the person referred to in the Billing information provided. The Site is available only to individuals and others who meet the terms of eligibility, who have been issued a valid credit/debit card by a bank accepted by us.

Payment Details

We offer a number of payment methods at checkout including Visa, Mastercard, American Express, Afterpay and Paypal. Payments are processed securely by a third party ‘shopify payment’ and no details are stored by us.

Buy Now Pay Later

We offer Afterpay (subject to Afterpay’s Terms of Service) and Paypal Pay in 4 (subject to Paypal’s Terms of Service), allowing you to purchase and pay later. You may not use these payment methods to pay for Gift Cards.

Orders

By placing an order with Us, You are making an offer to purchase products and/or services from us. All orders are subject to acceptance and availability. We reserve the right to 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 order. 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. Items Your shopping cart are not reserved and may be purchased by other customers. You are not permitted to order any products for resale to a third party.

Orders Containing Alcohol

To ensure compliance with liquor licensing laws, maximum volume (1.5L), liquor value (50% of total sale price) and other restrictions apply to orders that contain alcohol. You must be over 18 to purchase gifts containing alcohol. Purchases containing alcohol cannot be left unattended on delivery or delivered to minors.

Availability

We offer products for sale that are in stock and available for dispatch from our shop. We endeavour to only display products on Our Site that are available to purchase. Occasionally, items are very popular and sell out quickly, or do not meet our quality standards. In this case, You will be contacted if We are unable to fulfil Your order and offered alternative product or a refund.

Substitution and Seasonal Availability

We endeavour to fill all orders in compliance with product descriptions, however, fresh flower orders may be subject to seasonal and product availability. We reserve the right to substitute flower varieties when necessary. We will always take utmost care to ensure the final product is similar in quality, value and style to the requested product.

External Links

This Site contains links to other sites on the Internet that are owned and operated by third parties. you acknowledge that we are not responsible for the operation of or content located on or through any such site and is not liable for any losses or damage caused by this website or any website linked to or from this Website.

No Commercial use

This site is for your personal non-commercial use only. you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this Site. you may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

Liability

Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, We will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect or consequential loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort (including negligence), under statue or otherwise, howsoever cause including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through our Website.

Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, We exclude all implied terms and warranties whether statutory or otherwise, relating to our Website or the subject matter of these Terms and Conditions. You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth)

Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

General

We reserve the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with us with respect to that Order.

Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.

A failure or delay by us to exercise a power or right under these Terms and Conditions does not constitute a waiver of that power or right, and the exercise of a power or right by us does not preclude its future exercise or the exercise of any power or right.

The laws of the Northern Territory, Australia govern this agreement. your transaction is deemed to have taken place in the Northern Territory.