Contact (03) 9696 5469
417 Clarendon Street
South Melbourne 3205
hello@ivyandeve.com.au

Terms & Conditions

IN SHORT

Terms of use

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 the full Terms and Conditions of Use detailed on this Website.

Prices and Payments

  • Price given on home page excludes delivery. The price may change without notice, but any new price will be clearly displayed on our home page.
  • All prices are quoted in Australian dollars.
  • We accept payment by Visa and Mastercard.

Ordering

  • For Ivy and Eve to put your order through, we need some information from you, eg your name, contact details, billing address, delivery address and payment details.
  • For information on how we obtain, store and use your personal information please see our Privacy Policy.
  • Payment will need to be confirmed before we can send your flowers.
  • You should receive a message on screen confirming your order once your payment has gone through. If you don’t, there may have been a problem with processing your order. Please let us know if this happens, by emailing hello@ivyandeve.com.au, call us on (03) 9696 5469, or mail to 417 Clarendon St, South Melbourne, 3205.

Delivery

  • We currently operate in Melbourne metro only. Outside the area please call directly to discuss.
  • Our delivery hours are between 9.00am and 5.30pm for business addresses and 9.00am to 6.00pm for residential addresses. Please note we are not able to guarantee delivery at a specific time of day.
  • We’ll leave flowers at, or near, the door if the courier deem it safe to do so. If necessary, we will contact the recipient to let them know where we’ve left their flowers. If there is nowhere safe to leave them we’ll call the recipient to re-arrange delivery at an additional fee.

Availability of product

  • Only one style of flowers is available on any given day.
  • A limited number of bunches are available each day. The home page will be updated when flowers are no longer available to purchase, stating that the style has sold out.

Advance orders

  • If you choose to ‘send tomorrow or on a later date’ you accept that you will not see the style of flowers until the day of delivery, when it will be too late to change your order.
  • 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

  • Ivy and Eve does not offer a delivery service on weekends, public holidays or over the Christmas, new year period, so flowers cannot be sent on these days. (unless organised via the shop front)
  • If you book flowers for weekends, public holidays or over the Christmas holiday we will deliver on the next working day.

 
 
IN DETAIL

DEFINITION

Included below are definitions of words and phrases used within the terms and conditions of this Website, as well as throughout this Website.

  • “Care Instructions” means instructions to prolong the life of the flowers. This includes cutting the stems on a sharp angle and changing the water in the vase every two days. Air conditioning, extreme heat or changes in climate may also have an adverse effect on the flowers.
  • “Colour Palette”
  • “Good Vibes” – Vibrant Colour Palette means the use/combination of bright colour shades including but not all shades of reds, oranges, yellows, purples, pinks.
  • “Monochromatic” – Tonal Colour Pallet means the use/combination of one colour shade ie all pinks shades, all orange shades all white shades.
  • “Pastel” – Pink Colour Palette means the use/combination of pink shades pale, mid, hot pinks.
  • “Sorbet” – Soft and Subtle  Colour Palette means the use/combination of soft colours including yet not all shades of white, green, mauve, lilac, lemon, blush pinks, champagne, cream.
  • “En Masse” – Florist choice mass of one colour and flower variety.
  • “Gift Certificate” means Ivy and Eve branded certificate with specified terms and condition, to the value indicated on certificate.
  • “Gift Card” means complimentary branded white folded card with envelope included with floral product purchased.
  • “Goods” – means any form of tangible personal property including floral product, potted items or gifts.
  • “Groupings” – flowers arranged to create a sophisticated and opulent style.
  • “Privacy Law” means all legislation and principles and industry codes or policies, relating to the collection, use, disclosure, storage and granting of access rights to Personal Information.
  • “Relevant Law” means any:

(a)  statute, ordinance, code or other law including regulations and other instruments under them; and

(b)  any code of practice, guidelines or standards issued by relevant regulators or industry bodies, whether or not having the force of law.

  • “Seasonal” – flowers that are in season and in best condition at the time order is placed.
  • “Services” means any form of intangible activity, trade or business service offered by Ivy and Eve.
  • “Signature White Gift Wrapping” – white embossed paper, non-woven tissue paper, gross grain and satin ribbon.
  • “SoHo” – flowers arranged in Groupings using Seasonal Flowers of Florists choice.
  • “Website” means ivyandeve.com.au and all Website content including but not limited to content, text, graphics, logos, pictures, code, scripts, algorithms, applets, audio, video and other materials. All interface design, development and other services in relation to the creation and maintenance of the Website in the form of PHP, Hypertext Mark-up Language (“HTML”) and JAVA.
  • “We, Us and Our” refers to Heinjus Family Trust, “Ivy and Eve Flowers” and “Ivy and Eve”, ABN 44 232 420 337
  • “Wet Pack” – temporary water source for flowers when in transit.
  • “You and Your” means the buyer.

 

 


 

TERMS AND CONDITIONS OF USE

  1. Ivy & Eve Flowers
    • ivyandeve.com.au (the “Website”) is owned and operated by Heinjus Family Trust ABN 44 232 420 337 (“We”, “Us” and “Our”).
    • By accessing, using or browsing this Website you agree to be bound by these Terms and Conditions, the Privacy Policy and all other terms contained on this Website (“Terms”).  If you do not accept the Terms cease using this website.
    • We reserve the right to amend the Terms from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms as amended.

 

  1. Contract (AGREEMENT)
    • A contract for the sale and purchase of Goods will only be formed with You if We, at Our discretion, accept an order for goods from You. Unless we notify You in writing prior, acceptance of your order occurs when We:
      • have received Your full contact details including full name, email address, phone number, billing address, recipient’s full name, delivery address and delivery date;
      • debit your credit card to process your order; and
      • contact You, by email (or otherwise), confirming your order.
    • You can place an order on the Website or by calling Us on (03) 9696 5469.
    • To secure your order We require full payment of the purchase price via MasterCard, American Express and Visa. Orders will not be processed until payment has been successfully processed and we have your full contact details.

 

  1. Delivery, Postage & Handling
    • If the address at which the floral products are to be shipped (the “Delivery Address”) is located in an area in which we are unable to deliver we will contact you to re-arrange an alternative delivery address.  We will require the alternative delivery address at least 24 hours prior to the Delivery Date in order to process the order.
    • Deliveries will not be made on Sundays or public holidays.
    • Orders must be placed before 11.00am , flowers will be delivered to business addresses prior to 5.30pm and to residential addresses prior to 5.30pm. Orders for same day delivery that are placed after 11.00am will incur an additional processing and/or delivery charge and is at the discretion of our Us.
    • We will deliver the Goods to the Delivery Address specified during the checkout process.  We take no responsibility if you provide an incorrect Delivery Address. If an incorrect Delivery Address is provided and you request that the flowers be delivered to another address:
      • if the same bunch of flowers, potted or gifts is to be re-delivered you will need to pay and additional delivery fee; or
      • if the bunch of flowers or potted plants need to be re-produced  you will need to pay for the product in full prior to re-delivery.
    • It is your responsibility to ensure that someone is present to accept delivery.  We take no responsibility if no one is present at the Delivery Address to accept delivery on the delivery date specified during checkout. If the recipient is not present at the Delivery Address the flowers will be left at the Delivery Address unless, in the courier’s opinion, it would not be safe to do so, in which case:
      • the flowers will be returned to the point of dispatch;
      • you will be contacted and advised that the flowers were not able to be delivered; and
      • if the same bunch of flowers is to be re-delivered you will need to pay am additional delivery fee; or
      • if the bunch of flowers requires re-production, you will need to pay for the product in full prior to re-delivery.
    • if the flowers are delivered to the specified address and there is no one home, we will contact you, the courier company will wait at the address for less than 5 minutes before charging a detention fee- this fee can be as high as $5 per minute. (this detention fee is charged to us from the courier company)

 

  1. Product
    • Subject to the availability of flowers, We will endeavour to supply products that match the images and descriptions provided on the Website.
    • You acknowledge that minor variations between the images and descriptions provided on the Website and the Goods as delivered may occur.
    • You acknowledge that some flowers are Seasonal, some flowers may be of different value, and some flowers may not be available for delivery in certain areas. Our skilled florists will substitute any unavailable flowers for those of a similar appearance and value, and you agree not to hold us responsible for any such variations. Where sundry items are selected (such as chocolates, balloons, soft toys), and are not available, a substitution of equal or greater value will be made by us, and you will not hold us responsible for any such variations.
    • You acknowledge that we may engage other florists to fulfil orders, and that in such circumstances variations between the images and descriptions provided on the website and the goods as delivered may occur, including but not limited to the use of alternative presentation boxes, and you agree not to hold us responsible for any such variations.

 

  1. Cancellation & Changes
    • Under our cancellation policy, we will refund 100% of the purchase price paid if you cancel an order by calling Us on (03) 9696 5469 at least 24 hours prior to the Delivery Date.
    • Subject to clause 5.3, changes to an order may be made by calling Us to request the change prior to 2.00pm one day before the Delivery Date.
    • We reserve the right to not accept changes to orders for delivery on special calendar events, including but not limited to Christmas, Valentine’s Day or Mother’s Day.
    • We may, at our sole discretion, reject an order for goods, if, for example, we are unable to arrange delivery to your delivery address. In that case we will notify you as soon as possible and will refund any amounts paid by you in respect of those goods.

 

  1. Guarantee
    • If the flowers or potted plant wilt within 48 hours of delivery we will replace the flowers and deliver them to the Delivery Address, at no additional cost to you, provided that you:
      • have followed the Care Instructions.
      • call Us as soon as reasonably practicable to notify us of such damage;
      • and email digital photos of the wilted flowers or potted plant to Us at hello@ivyandeve.com.au or return the flowers or potted plant to us.
    • If in accordance with clause 6.1 we provide you with a replacement flowers or potted plant then, subject to any statutory rights you may have (including under the Australian Consumer Law) which cannot be excluded, you agree we have completely discharged our obligations, and any liability we may have, to you.

 

  1. No warranty

Excepting the warranties and guarantees that cannot be excluded under the Australian Consumer Law, we exclude, and you agree that we have not made any warranty regarding the products, their characteristics or fitness for any particular process.

 

  1. Indemnity
    You will, to the maximum extent permitted by the law, at all times and from time to time indemnify, and keep indemnified, us and our directors, officers, agents and employees (together the “Indemnified Party”) harmless from and against all liabilities, losses, damages, costs or expenses directly or indirectly incurred or suffered by the Indemnified Party, and from and against all actions, proceedings, claims or demands made against the Indemnified Party as a result of:

    • your use of the website;
    • your use of products purchased from us;
    • your provision of incorrect information to us; or
    • any breach of these Terms.

 

  1. Disclaimer
    • Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these Terms, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of:
      • your use of this website;
      • any loss arising out of your use of, reliance on or failure to act, on any information contained on or accessed through this website;
      • errors, mistakes or omissions on this website;
      • goods or services supplied pursuant to an order placed on this website; and/or
      • any failure or omission on our part to comply with our obligations as set out in the Terms.
    • This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

 

  1. Force Majeure

If by reason of any fact, circumstance, matter or thing beyond our reasonable control, including but not limited to lockout or other interference with work, blockade, disturbance, lightning, fire, earthquake, storm, flood, explosion, governmental or quasi-governmental restraint, unavailability or delay in availability of equipment or transport, we are unable to perform any obligation under this agreement, we are relieved of that obligation to the extent that we are so unable to perform and are not be liable to you in respect of such inability.

 

  1. Specific Warnings
    • Flowers, potted plant and foliage are not for human or animal consumption.
    • You must advise us when placing the order for flowers if the Recipient has any allergies to particular types of flowers. If you do not do so then we will not be able to take any allergies into account when supplying the products.
    • We do not accept responsibility for:
      • any use of this website which is illegal or prohibited by laws which apply to you;
      • any interference or damage to your own computer which arises in connection with your use of this website;
      • losses you may sustain due to unauthorised access to or alteration of your transmissions or data or of information contained on your computer or on this website; or
      • malfunctions to computers, hardware or software, or for other errors, failures, or delays in computer transmissions or network connections or for lost, late, mutilated, illegible, incomplete or misdirected information.

 

  1. Restricted Use
    • You are provided with access to this website only for your personal and non-commercial use.
    • You may not interrupt or attempt to interrupt the operation of the website in any way, or use the website in a manner that adversely affects the availability of its resources to others.
    • You may not use the website for any illegal purpose or in any manner that is inconsistent with the Terms.

 

  1. Protection of Information
    • When capturing customer data, it is passed through a secure server using encryption technology to ensure that your information is being protected when being sent over the Internet.
    • This website has security measures in place to avoid the loss, misuse and alteration of information under our control.  We will protect any information we have concerning you in the same manner as we protect all our other confidential information.

 

  1. Linked Websites
    • This website may contain third party advertisements and links to other websites, including websites operated by third parties (“linked websites”).  We are not responsible for the content or privacy practices associated with linked websites or third party advertisements.
  2. Intellectual property
    • Copyright in this website (including text, graphics images, logos, icons, sound recordings and software) is owned by Heinjus Family Trust.  The “Ivy and Eve Flowers” branding and logos are owned by Heinjus Family Trust.  Subject to the conditions prescribed under the Copyright Act 1968 (Cth), you may not in any form or by any means:
      • adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
      • commercialise any information (including but not limited to images, text, videos or sound recordings), products or services obtained from any part of this website,
        without our prior written permission.
    • You may not use of any images appearing on the website, without the written permission of the trade mark owner.

 

  1. General
    • All prices on the website are quoted in Australian Dollars, includes GST exclusive of delivery.
    • These Terms are governed by the laws in force in the State of Victoria, Australia.  You agree to submit to the exclusive jurisdiction of the courts of Victoria.
    • If any of the Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

 

 

 

 

 

 

 

 

 

 

 

PRIVACY POLICY

We have created this Privacy Policy in order to demonstrate our firm commitment to privacy. This document discloses our information gathering and usage practices.

 

Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this Privacy Policy.
We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

 

SECURITY

We use industry standards to protect the confidentiality of information stored on the Website’s server.

 

COLLECTION OF YOUR INFORMATION

In order for Ivy and Eve to provide its various tailored services, some personal information is asked of You. This information may include your name, e-mail address, a password and contact phone number.

 

When you make a purchase we also collect information that allows us to make-up and deliver your order; this includes the name, address and phone number of the intended recipient(s) as well as personalised card messages.

 

USE OF INFORMATION

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our products and services.
  • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone or mail. We may use the information to customise the website according to your interests.

 

PASSWORD AND USE OF EMAIL

You must take care of your passwords; you are responsible for all transactions therefore do not under any circumstances disclose your password to anyone. If your password has been compromised you should immediately change it.

 

CREDIT CARD SECURITY

We protect your credit card information during transmission by using the Secure Sockets Layer (SSL) protocol, which encrypts the information you input. Your credit card details are not stored on Our servers. Credit card payments are processed by Braintree, a PayPal company.

 

How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

 

We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

 

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

  • whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes;
  • if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us.

 

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.

 

CONTACT US

If you have any questions or concerns about your privacy on this Website please contact us at: Ivy & Eve Flowers ATT: Privacy Officer, PO Box 2109, Hawthorn VIC 3122.