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09 426 5287 / 0800 268 738

5 Riverside Road, Orewa, Auckland

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Terms & Conditions

Terms and Conditions

  
Shopping Terms & Conditions
The following Terms and Conditions govern the use of Flower's By Joanne's Online Service (the Service) including shopping and participation in promotions run by Flowers by Joanne through it’s web siteand other channels including but not limited to specific purpose web sites, showroom sales, telephone, mail and fax order.  You can access this Agreement at any time from any page of the Site.
 
Using this website to place an order indicates your acceptance of these Terms and Conditions.
 
In order to purchase products from the Site you will be asked to provide some personal details (e.g. Name, Shipping Address, Phone number, email address).  Please refer to our Privacy policy to review our policy on these matters.
 
Product Information
We make every effort to ensure all information on this site is accurate and up to date.  However, in the event a product is listed at an incorrect price, or with incorrect information, Flowers by Joanne shall have the right to refuse or cancel any order placed for product listed at the incorrect price.  Flowers by Joanne shall have the right to refuse or cancel any such order whether or not any such order has been confirmed and your credit card charged.  If your credit card has already been charged for such purchase and your order is cancelled, Flowers by Joanne shall refund the amount of the charge. 
 
Pricing
All prices in the shopping areas are in New Zealand dollars (NZ$) and include GST.  Subject to the previous clause, all prices are correct at time of publication and the prices published on the Site at the time and date of the purchase will be the final price paid.  The time and date of purchase is the time and date we confirm your order by sending goods to you.  However we reserve the right to alter prices for any reason.
 
Risk of Loss
In the case of all items purchased from Flowers by Joanne, the risk of loss and title for such items passes to you upon our delivery to the carrier.  Flowers by Joanne is deemed to have fulfilled its obligations to deliver the goods when they are handed to the carrier.
 
Delivery
Flowers by Joanne shall arrange an agent to deliver the goods to the address stated on the order or as agreed by Flowers by Joanne in writing.  Flowers by Joanne shall deliver the goods by such carrier and such form of transport Flowers by Joanne consider to be appropriate or as selected by the customer during the sales process.  Flowers by Joanne will not be responsible for any part delivery or delay in delivery of the goods as a result of events occurring beyond Flowers by Joanne’s control.  Flowers by Joanne shall not be in any way responsible for any losses, damages, costs or other consequences (direct or indirect) arising from such delay or non-delivery.
 
Guarantees
If you are acquiring goods from us for on-sale, or otherwise for business purposes, the Consumer Guarantees Act 1993 does not apply.  Nothing in these terms and conditions is intended to be inconsistent with consumers’ rights under the Consumer Guarantees Act and in the event of any inconsistency the Act overrides the relevant part of these terms and conditions.  In any case, where the Consumer Guarantees Act does apply, if any of the goods fail to comply with any guarantee in the Consumer Guarantees Act, Flowers by Joanne will repair or replace those goods.  The Customer acknowledges that Flowers by Joanne does not provide any Express Guarantees (as defined in that Act) other than those expressly confirmed by Flowers by Joanne in writing;
 
If the Customer supplies the goods to any person, the Customer must not give or make any undertaking assertion or representation in relation to the goods without Flowers by Joanne's prior approval in writing, and the Customer must give the person buying the goods such product information relating to the goods as Flowers by Joanne requires, and the Customer agrees to indemnify Flowers by Joanne against any loss, liability or cost incurred by Flowers by Joanne under the Consumer Guarantees Act 1993 or otherwise as a result of any breach by the Customer of these obligations.
 
Return of Goods
Flowers by Joanne will replace any defective goods at no cost to the purchaser.  Please contact Flowers by Joanne for detailed instructions should you require assistance.  Flowers by Joanne will not accept the return of non-defective goods (such as where the Customer has ordered the wrong size or colour) for credit or any other purpose unless Flowers by Joanne agrees to accept the return of the goods and advises the Customer a return advice number prior to the return of goods.  Return of goods will only be accepted for credit or exchange within 14 days of delivery, unless due to Flowers by Joanne's error.  Return freight will be at Flowers by Joanne's cost only when there has been an error on Flowers by Joanne's part.
 
No returned goods shall be accepted by Flowers by Joanne (even if Flowers by Joanne agree to do so) if they have been tampered with by you or any other person and are not as new, if they are goods expressly sold on a non-return basis, or if they are not accompanied by the return advice number referred to above.  Where goods are returned to Flowers by Joanne but not accepted as above, they shall be returned to you at your expense.
 
Receipt by Flowers by Joanne or by any of our agents or representatives of any goods returned other than in accordance with the above two paragraphs shall not constitute nor be deemed to constitute Flowers by Joanne's acceptance of the return of the goods for credit or any other purpose.
 
Links
This Site may contain links to other sites on the Internet that are owned and operated by third parties.  You acknowledge that Flowers by Joanne is not responsible for the operation of or the content on any such site.
 
Security
It is natural for those new to electronic purchasing to be concerned about security of personal and credit card details.  In reality, a commerce transaction on the Internet is significantly more secure than a similar telephone transaction or handing your credit card over the counter in a store.
 
To ensure that your credit card or other personal details are kept secure in transit on the Internet, we believe that using Paypal protects your from Credit Card Fraud.  If you wish to check out their Terms and Conditions - please click the link here 
 
Flowers by Joanne has a strong privacy policy relating to all information that you provide through this web Site and we will take all reasonable steps to prevent any data being inappropriately released or misused.
 
The Customer, if an individual, has a right of access to information about the Customer held by Flowers by Joanne.  The Customer may request correction of that information if it is believed to be incorrect.  Flowers by Joanne may charge reasonable costs for providing access to that information.
 
Contact Details
If you have any queries regarding shopping with Flowers by Joanne, please email, fax or call us - details on the Contact Us page.
 
Use of the Service by You
Your right to use the Service is personal to you.  You may not authorise others to use the Service, and you are responsible for all of your own use of the Service.
 
You may not download, modify, transmit, or otherwise use any material from the Service for public or commercial purposes.
The Service’s content, information and advice is offered free of charge (unless otherwise stipulated).  However you are responsible for your own network and connection charges.
 
Ownership of Site
This Site is owned and operated by Flowers by Joanne, All of the content included on this Site, including, but not limited to, text, graphics, logos, icons, images, and software is the property of Flowers by Joanne or its suppliers and protected by New Zealand and international copyright laws.  You are welcome to access and use this site and to view and print one copy of any material on it for your personal, non-commercial use and without removing any of our trade marks or copyright notices.  No other copying is permitted without our consent in writing.
 
Disclaimer
This Service provides general information about Flowers by Joanne and the products and services they offer.  The information contained in the Service has been prepared solely for the purpose of providing information about Flowers by Joanne, its suppliers, subsidiaries and the services and products they offer.  Flowers by Joanne reserves the right to change delete or move any of the material on the Service at any time without notice.
 
To the fullest extent permitted by law, Flowers by Joanne and its affiliates shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access the Service.  This includes viruses alleged to have been obtained from the Service, your use of or reliance on the Service or any of the information or materials available on the Service, regardless of the type of claim or the nature of the cause of action.
 
Except as specifically stated in these terms and conditions, or elsewhere on this Site, or as otherwise required by applicable law, neither Flowers by Joanne nor its directors, employees, licenses, content providers, or other representatives will be liable for damages of any kind (including, but not limited to, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, or inability to use, or the performance of this Site or the content thereof, whether or not we have been advised of the possibility of such damages.
 
Governing Law and Venue
This agreement shall be interpreted, construed and governed by the laws of New Zealand.  Any and all disputes arising under this agreement or in any way related to this Site shall be dealt with by the Courts of New Zealand and each party agrees to not contest the jurisdiction of these courts.
 
No action of Flowers by Joanne other than an expressed written waiver or amendment may be construed as a waiver or amendment of any of these terms and conditions.  Should any clause of these terms and conditions be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
 
We reserve the right to make changes to our Site and these Terms and Conditions at any time and such changes will take affect from the time they are published on this site.  These conditions set out the entire agreement between Flowers by Joanne and you relating to your use of this Site.