Terms and Conditions
TERMS & CONDITIONS
dailyblooms.com.au (the "site") is operated by Daily Blooms Holdings Pty Ltd (ABN 52 652 366 731) ("Daily Blooms" or "We"). When you use the Site, you agree to the terms and conditions that follow. These terms and conditions also govern the supply of any goods to you by Daily Blooms whether facilitated by the Site or by any other means. If you do not agree to these terms and conditions, you should immediately cease use of the Site. The use of the Site and the provision of goods to you by Daily Blooms is conditional on your acceptance without modification of the terms and conditions.
These terms and conditions supersede and exclude all prior and other discussions, dealings, representations and arrangements relating to the use of the Site and/or the supply of goods by Daily Blooms.
Any failure on the part of Daily Blooms to exercise or any delay in exercising any right, power or remedy pursuant to these terms and conditions does not operate as a waiver. If any term of these terms and conditions is unenforceable or invalid, such term(s) will be severed and the remaining terms will continue to bind the parties.
We reserve the right, at our complete discretion, to change these terms and conditions at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these terms and conditions. Your continued use of this site following the posting of changes to these terms and conditions means you accept the changes.
Daily Blooms has sole discretion to accept or reject any order or any variation or modification of an order. Daily Blooms has sole discretion to accept or reject any order cancellation request. Daily Blooms expressly reserves the right to cancel and/or refund any order placed and/or paid for.
If you have entered into a subscription arrangement to receive flowers on a regular basis (weekly, fortnightly or monthly) you agree that your subscription will continue until such time as it is cancelled by you. If you wish to cancel your subscription you must do so prior to 11.59 pm on the day prior to your next scheduled delivery.
Any price indications or price lists provided by Daily Blooms are subject to alteration at any time without notice. For the avoidance of doubt this includes subscription arrangements.
Daily Blooms will make all reasonable efforts to have the flowers delivered to you on the date they are ordered. However, time is not of the essence under these terms and conditions and Daily Blooms shall not be liable for any failure to deliver or delay in deliver for any reason.
Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis. We reserve the right to restrict or terminate your access to the Site or any feature or part of it at any time. Daily Blooms does not guarantee that prices or promotions displayed on the site are valid at time of ordering.
To the maximum extent permitted by applicable law, Daily Blooms expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, satisfactory quality and fitness for a particular purpose and any warranties that access to the Site will be uninterrupted or error-free, that the site will be secure, or that information on the site will be complete, accurate or timely.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, you understand and agree that neither Daily Blooms nor any of its third-party content providers shall be liable for any direct, indirect, incidental, special, consequential, punitive, or any other damages relating to or resulting from your use of or inability to use the Site or from any actions we take or fail to take as a result of electronic mail messages you send us. These include, but are not limited to, damages for errors, omissions, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorised access to and alteration of your transmissions and data, and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence, or otherwise, and even if we or our representatives have been negligent or have been advised of the possibility of such damages.
USE OF MATERIAL FROM THE SITE
The Site (including all its content) is the property of Daily Blooms and is protected by copyright and other laws of Australia and other countries. You agree that you will not use any material from the Site for your personal or a related parties benefit or advantage.
The Site may contain links to other Internet sites which are not controlled, associated or affiliated with Daily Blooms. Daily Blooms is in no way responsible for any content appearing on such an Internet site or webpage. Daily Blooms also cannot accept any responsibility or liability for any loss, damage, legal fees, costs or expense you might incur as a result of use reliance upon the materials which appear at the linked Internet sites or webpages.
The Site is operated by Daily Blooms in Victoria, Australia. The laws of Victoria, Australia govern these terms and conditions and your use of the Site, and you irrevocably consent to the jurisdiction of competent courts located in Victoria, Australia for any action to enforce these terms and conditions.
BLOOMS VIP TERMS & CONDITIONS
These terms and conditions are effective as and from 19th December 2022 and may be varied from time to time at the discretion of Daily Blooms.
Welcome to Blooms VIP, Daily Blooms customer delivery program (“Blooms VIP” or the “Program" as the context requires). Blooms VIP is offered by Daily Blooms Pty. (the "Company") to eligible customers who purchase products on ‘dailyblooms.com.au’ and who otherwise meet the eligibility requirements set out below.
Company will extend certain perks and privileges (“Benefits”) at its sole discretion and as described in more detail on the Blooms VIP website. Delivery will be charged at a flat fee of $29 for 12 months beginning the date of purchase and terminating 12 months later. Offer cannot be combined with other offers. Limit of 15 deliveries applies and cannot be used in conjunction with Blooms Subscriptions. The Company may, at any time terminate, change, limit, modify or cancel the Program, the available Benefits and/or these terms and conditions by posting the modified rules on this page. Your continued participation in the Program after such posting represents your acceptance of the Program as varied.
Your acceptance of these terms & conditions
By participating in the Program, you agree to these terms and conditions together with any additional rules and/or policies of the Program as may be introduced by the Company from time to time. It is your responsibility to read and understand these terms and conditions and any variations to them. Company reserves the right to disqualify your participation in the Program if the Company determines that you have breached any of these terms and conditions.
The delivery membership is open to Australian residents with a registered account at dailyblooms.com.au who are within the stated delivery areas as stated on our website and who, at the time of registration, are aged 18 years or over. Participation in the membership is limited to individuals only and is further restricted to one account per individual. The Program is not available to corporations, businesses, charities, partnerships, or other commercial enterprises. Products purchased and Benefits received are for personal use only and not for re-sale or re-distribution.
Registering your account at dailyblooms.com.au
Participation in the membership is conditional upon your registration of an account at ‘dailyblooms.com.au’. Please refer to, and comply with our website terms and conditions (“Registration, User Names, and Passwords”).
By registering to join the Program, you agree to provide true, accurate, current and complete information about yourself and maintain and promptly update the information to keep it true, accurate, current and complete. It is your responsibility to keep your account and contact details current to ensure the Company is able to notify you of available Benefits.
If you provide any data that is untrue, inaccurate, not current or incomplete, or if the Company, in its sole discretion, suspects that your registration data is untrue, inaccurate, or incomplete, the Company reserves the right to suspend, terminate or refuse your continued participation in the Program.
You consent to receive marketing communications from Daily Blooms via mail, email, SMS and other channels about Blooms VIP promotions, offers and eligibility for Benefits. You may opt-out or unsubscribe from receiving marketing communications. However, if you opt out of receiving marketing or promotional communications, Company may continue to send you non-marketing or non-promotional emails, such as those about your account and/or your ongoing participation in the membership.
Right to revoke
Without limitation to its other rights under these terms and conditions, the Company reserves the right to cancel your participation and membership in the Program and/or to otherwise revoke any or all Benefits accrued, if in the Company’s sole and absolute discretion, it is determined that you have breached these terms and conditions or if you have engaged in any deception or fraud in your participation in the Program. In the case of a dispute regarding the Program and any points available to you, the Company’s decision will be final.
Your membership in the Program, and any Benefits accrued or received, are not capable of being transferred purchased, sold, assigned, auctioned or traded, including, without limitation, by death or as part of a domestic relations matter. Any attempt to transfer or assign your membership and/or Benefits will void your account. Benefits have no cash value and are not exchangeable for cash.
OFFER TERMS & CONDITIONS