Terms and Conditions

1. GENERAL TERMS AND CONDITIONS

I. This website is owned and operated by Aloren (No44) Pty Ltd trading as Tynte Flowers. ABN: 31 008 191 866

II. By accessing, browsing or using this website, you agree to all terms, conditions and disclaimers.

III. Tynte Flowers may amend these terms and conditions from time to time. Any amendment is effective immediately.

2. DELIVERY

Delivery Fee Quote Guarantee

I. Prior to checkout, Tynte Flowers agrees to quote and/or display the delivery fee.

Delivery Times

II. The delivery time selected by the customer is the latest the delivery can be made. The delivery can be made anytime, up to or before, the selected delivery time.

Sunday and Public Holiday Deliveries

III. Depending on the location, Sunday deliveries are available and additional charges apply. Customers will be informed prior to checkout if a Sunday delivery is possible. Sunday online deliveries cut off at 2pm Saturday, but you can still call +61 8 83 400 300 for a delivery.

Public Holiday Deliveries

IV. Tynte Flowers do deliver on some Public Holidays. To check if a delivery is possible please give us a call on 08 83 400 300.

Special Events Deliveries

V. Tynte Flowers sets different terms and conditions in relation to special events. These include, but are not limited to, Valentine’s Day, Mother’s Day and Christmas.

VI. Terms and Conditions in relation to special events will be updated on our website from time to time and will be effective immediately.

Delivery and Weather

VII. We reserve the right to not leave flowers or goods at a delivery address when the weather is forecast to be over 25 degrees centigrade. Orders unable to be left will be returned to Tynte Hindmarsh depot to await instructions for redelivery from the customer. Redelivery fees will apply.

Deliveries in Transit

I. Tynte Flowers does not currently provide a track and trace service, but can provide estimated time of arrival once products are in transit for delivery.

II. Proof of Delivery (POD) times are available, upon request.

III. If a mobile number is recorded, a delivery confirmation SMS will be sent to that number.

Address Types

I. For residential addresses, if the courier deems a delivery location unsafe, the order will be returned to the dispatch address and redelivery fees will apply. Unsafe may include locked premises, dogs or an inability to leave flowers in a safe place away from public view.

II. For business, school and hospital addresses, Tynte Flowers cannot accept responsibility for delivered items that are redirected to the front desk or reception.

Delivery Guarantee - Metropolitan Areas

I. We guarantee same day for all orders to metropolitan destinations placed before 4pm on weekdays and placed before 2pm on Saturday.

Metropolitan orders placed before these cut off times are guaranteed to arrive:

by 5pm to a business address, if order is placed by 1pm

and by 7pm to a residential address, if the order is placed by 4pm.

DELIVERIES FOR VALENTINE'S DAY - 14th February

1. All deliveries to a residential address arrive by 8pm on 12th / 13th and 14th February

2. All deliveries to a business address are delivered by 5pm on 12th / 13th and 14th February

3. Requests for preferred times of delivery outside of our regular delivery time range will incur an extra charge.

4. Delivery of orders to rural addresses, secured buildings or cemeteries cannot be guaranteed.

5. Orders for delivery to rural areas that cannot be delivered same day will be delivered the following business day.

6. Please note that certain products advertised on www.tynte.com may not be available on certain days and will be substituted for a product of equal or higher value.

7. It is the responsibility of the customer to ensure they check their invoice/order confirmation and confirm the name and address details of the recipient are complete and correct. It is the responsibility of the customer to ensure that someone will be in attendance at the address at the time of delivery.

8. Cancellations made to orders for delivery on 12th / 13th and 14th February will incur a 50% charge if flowers are in transit.

9. Only products shown in the official Valentine's Day range are available to order for delivery on 12th / 13th and 14th February.

10. By agreeing to "Leave at front door" this gives us permission to leave your entire purchased gift at the recipient's front door or in the requested area. Deliveries that include alcohol are not able to be left at front door.

DELIVERIES FOR MOTHER'S DAY, (Second SUNDAY in MAY)

All deliveries to a residential address arrive by 8pm for all orders to metropolitan destinations placed before 2pm on Friday before Mother’s Day, or 12pm on the Saturday before Mothers’ Day.

We regret we cannot fulfil requests for preferred delivery times on Friday / Saturday and Sunday of Mother’s Day week.

Delivery of orders to rural route addresses, secured buildings or cemeteries cannot be guaranteed. Tynte Flowers will make every attempt to contact the sender to arrange an alternative delivery date if this is the case.

As flowers are a natural product and subject to seasonal and practical availability, it may be necessary for our florists to substitute a flower variety, packaging and merchandise in order to deliver orders on time or where a flower or product is temporarily unavailable.

In the case where a specific flower type or colour is unavailable within the given time frame of delivery, substitutions will be made for flowers of a similar shape, size and equal value. Different flower types and colours may be used to ensure delivery on the correct date.

We only use the freshest and best quality product at TYNTE FLOWERS. As such, some stems of Lilies, Tulips, Roses, and Alstromeria, may be in tight bud when received.

CHANGES/CANCELLATIONS

Please make sure all order details are correct at time of ordering.

Due to high demand, some colours and varieties of flowers may need to be substituted to meet delivery times

3. CUSTOMER OBLIGATIONS

Contact Details

I. Customers must supply Tynte Flowers with a valid phone number and contact email.

II. Tynte Flowers accepts no liability arising out of failure to contact a customer, where the contact details were not supplied, were invalid or incorrect.

Delivery Address

I. It is the obligation of the customer to ensure the recipient’s delivery address is correct.

II. Failure to provide the correct delivery details may result in incorrectly delivered goods, undelivered goods and additional redirect or redelivery fees.

III. Tynte Flowers accepts no liability for incorrectly delivered or undelivered goods, where the customer made no reasonable attempt to correct the address within a reasonable period of time and/or Tynte Flowers acted in good faith when delivering the goods.

IV. Once delivered in accordance with your instructions, the product becomes the responsibility of the receiver.

Recipient Details and Personalised Messages

I. The customer must ensure recipient details, such as their name and address are correct and also spelt correctly. Tynte Flowers accepts no responsibility for any incorrect information, when such information results from a reliance on information provided by the customer.

II. In regards to online orders, customers should ensure that their personalised message is written to their satisfaction. Every effort will be made by us to ensure correct spelling, grammar or for making message cards and envelopes.

4. ALTERATIONS AND AMENDMENTS TO ORDERS

I. We are unable to provide any alterations or amendments (including cancellations) for orders that have already been prepared or despatched, and/or in transit.

II. Tynte Flowers reserves the right to refuse alterations and amendments.

5. CANCELLATION OF ORDERS

I. Cancellation requests received less than 12 hours before the scheduled delivery date may incur a cancellation fee. Customers may opt to receive a gift voucher to the full value of the order if they wish to avoid cancellation fees. Please contact us 08 83400 300 to discuss your options.

II. Cancellations received more than 12 hours before delivery date can be refunded.

III. If the cancellation is authorised proceeds will be refunded, within 3 - 5 working days, or at the discretion of the customer’s bank/financial institution.

IV. We regret we are unable to cancel orders that are already prepared and/or are with a courier for delivery.

6. COMPLAINT POLICIES

Tynte Flowers Two Day Complaint Policy

I. Any dissatisfaction with the product(s) must be communicated to Tynte Flowers on (08) 83400 300 within two (2) days of delivery.

II. Tynte Flowers reserves the right to request photos of the original product(s). To assist us in quality control it is our policy, to collect the original flowers if replaced.

7. PURCHASE AND SALE OF ALCOHOL

I. Tynte Flowers support the Responsible Service of Alcohol.

II. Under the Liquor Control Reform Act 1998 it is an offence to supply liquor to a person under the age of 18 years. It is an offence for a person under the age of 18 years to purchase or receive liquor from another person.

III. Alcohol quantities are limited to 1.5litres per recipient. When placing orders customers should ensure that they do not exceed sending the permitted alcohol limit of 1.5 litres (approximately two bottles) per recipient.

8. PRODUCT RANGE

Availability

I. Products in the Tynte Flowers range may not be available at all times. Customers will be informed when a selected product is not available for delivery. Our web-site is updated instantly with unavailability.

II. When a product becomes unavailable, Tynte Flowers will offer you an alternative product.

Substitution and Seasonal Availability Disclaimer

I. Tynte Flowers endeavours to fulfil orders in compliance with product descriptions, however orders may be subject to daily fluctuations based on demand, supply and weather conditions.

II. Tynte Flowers reserves the right to substitute products and items when necessary. Utmost care is taken to ensure the final product is comparable in quality and design to the requested item.

Photography and Products

I. For photographic purposes containers such as dishes, glasses or other props may be used for display purposes and are not included with the final product. The itemised product description available on the product page outlines the contents of final products.

9. PRICING AND TRANSACTIONS

I. All prices quoted, unless otherwise stated, are inclusive of GST.

II. All prices, unless otherwise stated, are quoted in Australian dollars (AUD).

III. Product prices do not include delivery fees.

IV. In the event a customer is entitled to a refund, the refund will be made to the original credit card or PayPal account. For PayPal transactions the refund will be made to the PayPal account.

We accept payment by Visa, Mastercard, American Express and Diners Club credit cards.

When providing your credit or debit card details you are agreeing that you are authorised to use that card and it must have sufficient available funds to cover your charges.

10. GIFT VOUCHERS

I. The voucher is redeemable by the bearer for Tynte Flowers, to the value stated on the voucher.

II. The voucher may not be used after the expiry date as stated on the certificate and is not exchangeable, refundable, replaceable or redeemable for cash, payment of accounts or other gift vouchers or discounts.

III. The voucher is valid for Tynte Flower purchases only.

IV. The voucher cannot be used in conjunction with any other promotion, discount or certificate offer, or Interflora orders.

V. Tynte Flowers is not responsible or liable for vouchers that are lost or stolen.

VI. Gift voucher may only be redeemed on the Tynte Flowers website, or in store.

VII. Tynte Flowers will not redeem a voucher if our records indicate that it has already been redeemed or has not been issued.

VIII. Any inconsistencies and issues arising from differences between the terms and conditions listed here and presented on the gift certificate/voucher is at the discretion of Tynte Flowers to resolve

11. SECURITY AND PRIVACY

Collection and Use of Information

I. Tynte Flowers collects personal data for the purpose of fulfilling orders for products or services.

II. Personal data includes, but is not limited to: the full name of the customer and/or recipient, payment details, e-mail address, recipient address and contact (mobile) phone numbers.

III. Tynte Flowers does not keep records of customer credit card details.

IV. For customer security, your IP address has been logged and will be recorded with your purchase details.

Disclosure of Information

I. Tynte Flowers may disclose personal data necessary to third party service providers, such as Delivery Drivers, for the purpose of fulfilling customer orders and any other obligations.

II. Tynte Flowers will not disclose personal information to third parties for marketing purposes.

III. Under no circumstances will Tynte Flowers sell or receive payments or services for disclosing customer's personal information to any partner or external company.

Sender Anonymity and Disclosure

I. Customers have the right to remain anonymous except in circumstances where personal information is required to complete an electronic transaction.

II. Tynte Flowers will not disclose sender/customer information to a recipient unless requested or approved to do so by the sender/customer.

Information Storage

Tynte Flowers website utilises cookies to store information of browsing history and to enable browsing features. We do not store any personal or financial information about customer-used cookies.

Promotional Material

I. Customers can elect to receive promotional material by joining as a Member and opting to receive plain text or HTML emails.

II. In compliance with Australian law, all marketing material sent to the subscriber will include an option for the subscriber to request removal from mailing or contact lists for any future marketing.

12. FRAUD

I. Any party engaged in illegal activities involving the use of Tynte Flowers website will be subject to civil and criminal sanctions and prosecution.

II. Tynte Flowers does not guarantee that it will be able to prevent any illegal or inappropriate use of its website, nor that it will give notice of any illegal or inappropriate use of its website

III. It is illegal to place orders under a false name, with a fraudulently obtained credit card or without the consent of the cardholder. Persons found to have placed a fraudulent order will be prosecuted.

13. GOVERNING LAW

I. The use of this website and these conditions is governed by and construed in accordance with the laws of Australia.

II. Any legal action arising out of its use shall be brought and enforced under the applicable Australian law.

III. By using this site, you agree to submit to the jurisdiction of the courts of Australia and any legal action pursued by you shall be within the exclusive jurisdiction of the courts of Australia.

14. THIRD PARTY SITES

Tynte Flowers website may provide links to related third party sites. Tynte Flowers is not responsible for the privacy practices or the content of such websites and does not warrant the security of any information supplied to third party sites.

15. TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

I. All material on this website owned, operated, licensed or controlled by Tynte Flowers, including but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Tynte Flowers its related companies or by other parties that have licensed their material to Tynte Flowers.

II. Material on any website owned, operated, licensed or controlled by Tynte Flowers is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Tynte Flowers.

III. Use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of Tynte Flowers copyrights, trademarks and proprietary rights and is prohibited.

16. FORCE MAJEURE

Tynte Flowers is not liable for failure to perform obligations, including but not limited to, the fulfilment of an order or a delivery, if such failure occurs as a result of acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster) war, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power, terrorist activities, government sanction, blockage, embargo, labour dispute, strike, theft, lockout or interruption or failure of electricity or telephone service or any other event or phenomenon beyond Tynte Flowers’s control.

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