THESE TERMS & CONDITIONS GOVERN THE USE OF WWW.IVYANDEVE.COM.AU AND THE PURCHASE OF PRODUCTS AND SERVICES FROM IVY & EVE FLOWERS.
Thank you for choosing Ivy & Eve. We’re excited to create something beautiful for you.
These terms and conditions cover the use of our Website and general purchases from Ivy & Eve (“Terms”). Additional terms and conditions apply to WEDDINGS, FUNCTIONS & EVENTS, and CORPORATE & CAFÉ sales. These will be provided to you separately, where applicable.
Please read these Terms carefully. By using the Website or placing an order, you acknowledge and agree that you have had sufficient opportunity to read these Terms and agree to be bound by them. If you don’t or can’t agree to the Terms then you should stop using the Website and you should not place an order with us.
IN SHORT
Below is a quick summary highlighting some of the main points from the Terms below. The summary doesn’t contain all terms or clauses and it doesn’t replace, modify, or amend the Terms. You should therefore read the full Terms before using the Website or placing any order with us.
Prices and Payments
Ordering
Delivery
Availability of Product
Alcohol
Allergies
Privacy
1. Definitions and interpretation
Included below are definitions of words and phrases used in the Website Terms, as well as throughout these Terms.
Content means content that we create and make available in connection with the Website including, but not limited to, software, all source code, computer code, databases, functionality, visual interfaces, interactive features, graphics, design, compilation, reports, images, photos, logos, audio, video, text and other usage-related data, and all other elements and components of the Website, excluding third-party content.
Delivery Address means the address you nominate for the delivery of your order, whether such notification is through the Website, by email or telephone, subject to our Delivery Area.
Delivery Area means the Melbourne metropolitan region within which we deliver our Products (within approximately 36 kilometres of our Port Melbourne store – see our delivery rates here). *If you’re looking for florals for your wedding or other event, please contact us to discuss your location and delivery arrangements.
Delivery Date means the date you nominate for delivery of the Products. Please note, delivery is not available on a Monday, Saturday, Sunday, public holiday, or over the Christmas/New Year period without prior special arrangement.
Force Majeure Event means any event beyond our reasonable control, including:
GST Act means A New Tax System (Product and Services Tax) Act 1999 (Cth) as amended.
Ivy & Eve/ Florist / we/ us / our means Jess Heinjus as the Trustee for Jess Heinjus Family Trust trading as Ivy and Eve Flowers (ABN 44 232 420 337).
Products means any products we supply, including flowers, floral arrangements, floral designs, Vases and Gift Certificates.
Services means any services we supply, including delivery.
Trading Restrictions means restrictions or limitations affecting the operation of our business which are beyond our reasonable control including but not limited to government regulations or health directives relating to COVID-19 or other health or public safety concerns.
Website means www.ivyandeve.com.au and includes all Content contained therein.
you / your means you, being the user of the Website.
Included below are additional definitions of industry words and phrases which may be used throughout the Website. This is by no means a complete list. Please do not hesitate to contact us should you have any questions about these definitions or any other descriptions you see on our Website.
“Be my Valentine” means premium red roses arranged and displayed in a metallic silver Vase (or other Vase of our choosing).
“Bouquet” means flowers arranged and presented with gift wrapping, which will need to be put into a Vase with water by the recipient.
“Bright and Bold” means a seasonal mix of flowers with a vibrant Colour Palette which involves the use or combination of bright colours, such as reds, oranges, yellows, purples, or pinks.
“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.
“Classic White and Green” means a seasonal combination of flowers in white and green shades.
“Colour Palette” means the full range of colours available for a specific flower or Product.
“Complimentary Card” means a complimentary branded white folded card with an envelope that is included, free of charge, with the Product.
“En Masse” means a Florist Choice of one colour or mix of colours with one flower variety.
“Everlasting” means freeze-dried flowers and foliage in natural colours.
“Florist Choice” means flowers and colours as selected by one of our professional florists.
“Flowering Orchid” means a potted flowering orchid displayed in a glass Vase lined with fresh moss.
“Gift Certificate” means an Ivy & Eve branded gift certificate with specified terms and conditions, to the value indicated on the certificate.
“Groupings” means flowers arranged to create a sophisticated and opulent style.
“Old School Romance” means premium roses in shades of red.
“Pastel” means a seasonal mix of flowers with a pink Colour Palette which involves the use or combination of pink shades, from pale to mid pinks.
“Rose” means a seasonal mix of flowers in reds and bright pinks.
“Seasonal Flowers” means the flowers which are in season at the time of the order and blooming with a higher quality flower than at other times of the year.
“Signature Gift Wrapping” means premium soft grey paper, non-woven tissue paper and branded grey gross grain ribbon (or such other colour or premium wrapping selected by us from time to time).
“Sunset” means a seasonal mix of flowers with a Colour Palette which involves the use or combination of pinks and orange shades.
“Under the Sun” means a seasonal mix of flowers with a bright and subtle Colour Palette which involves the use or combination of white and yellow shades.
“Vase” means a cylindrical glass vase (or vessel of any other shape and material) that the flowers are arranged in.
“Wet Pack” means the temporary water source for flowers when in transit.
2. Use of our Website
2.1 You agree to use the Website only in accordance with these Terms, and to abide by all applicable laws, regulations and generally accepted online practices and guidelines when engaging with our Website.
2.2 You must not:
(a) use the Website for any purpose that is unlawful or prohibited by these Terms;
(b) use the Website otherwise than for the intended purpose and within the functionality and means we provide;
(c) make any unauthorised use of the Website;
(d) attempt to copy, duplicate or reproduce the Website or any Content from the Website, or to delete or otherwise alter any Content within the Website;
(e) intentionally interfere with, disrupt, or create an undue burden on the Website or the networks or servers connected to the Website;
(f) circumvent, disable, or otherwise interfere with security-related or other features of the Website;
(g) access or attempt to access any of the information available through the Website other than through the means we provide; or
(h) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
2.3 We reserve the right at all times to:
(a) monitor use of the Website for any breaches of these Terms;
(b) revoke or restrict access to, disable, remove or limit the availability of, the Website or any portion of the Website;
(c) monitor, retain and disclose any information regarding your use of the Website as we deem necessary to satisfy any applicable law, legal requirement, police investigation, or other governmental inquiry; and
(d) otherwise manage the Website in a manner designed to protect our rights and the proper delivery of our Products and Services.
2.4 We reserve the right to amend these Terms from time to time and our changes will be effective as soon as we upload them on the Website. By continuing to use the Website following any change to these Terms, you are agreeing be bound by the Terms as amended.
3. Acceptance of the Terms
3.1 We will provide the Products and Services to you on and subject to these Terms. Any agreement between you and us relating to our supply of the Products and Services will be deemed to incorporate these Terms and, subject to clause 3.2, they will constitute the entire agreement between you and us.
3.2 Additional terms and conditions apply to WEDDINGS, FUNCTIONS & EVENTS, and CORPORATE & CAFÉ orders. These terms and conditions will be provided to you separate, where applicable.
4. Ordering
4.1 We are not bound by any order you submit until we have accepted it and provided confirmation. Unless we notify you in writing to the contrary, acceptance of your order occurs when we:
(a) have received your full contact details including full name, email address, phone number, billing address, recipient’s full name, Delivery Address and Delivery Date;
(b) have received payment in full for your order; and
(c) contact you, by email (or otherwise), confirming your order.
4.2 You can place an order on the Website or by calling us on (03) 9696 5469.
4.3 To submit your order, you will be required to make full payment of the purchase price via MasterCard, American Express and Visa. Orders will not be processed or accepted until payment has been successfully processed and received in full and we have your complete order details (as prescribed in clause 4.1).
4.4 If you order via the Website, you will receive a message on your screen and an email to confirm your order has been successfully placed. This email is confirmation that your order has been received, not accepted. If you do not receive this email, please let us know by emailing hello@ivyandeve.com.au or by calling us.
5. Delivery
5.1 We offer delivery within our Delivery Area only. If you are unsure whether your Delivery Address is located within our Delivery Area, check out our delivery rates here or contact us to discuss. If you require delivery outside the Delivery Area, please contact us to see if special arrangements can be made to accommodate you.
5.2 Delivery is not available on Mondays, Saturdays, Sundays, public holidays or over the Christmas/New Year period. Products will not be delivered on these days, unless by prior special arrangement which is confirmed by us in writing.
5.3 If you order flowers for delivery on a Saturday, Sunday, public holiday or over the Christmas/New Year period, we will schedule the delivery of the Products on the next business day.
5.4 Delivery times are between 9.00am and 5.30pm for business addresses and 9:00am to 6:00pm for residential addresses. Whilst we make every effort to accommodate special requests and to deliver your order to you as fast as possible, we are unable to guarantee delivery at a specific time of day.
5.5 For same day deliveries, orders must be placed before 11.30am on the Delivery Date. Unfortunately, orders placed after 11:30am for same day delivery cannot be guaranteed and if we chose to accept the order we may (at our absolute discretion) charge an additional fee for urgent processing and delivery.
5.6 It is your responsibility to ensure that someone suitable is present to accept delivery of the Products (if the order contains alcohol, this must be an adult), and that the Delivery Address is correct. If the courier attempts delivery and there isn’t a suitable person available to accept the delivery, the Products will be left at the Delivery Address unless, in the courier’s opinion, it would not be safe to do so. We accept no responsibility for Products left at the Delivery Address where a suitable person has not been available to accept the delivery.
5.7 If the courier doesn’t consider it safe to leave the Products at the Delivery Address unattended, we will attempt to contact you on the number provided. If you do not answer or you are not able to advise of a safe location to leave the Products at the Delivery Address, then the Products will be returned to the point of dispatch and clause 5.8 will apply. You will be contacted and advised accordingly.
5.8 If an incorrect Delivery Address has been provided, or we have otherwise attempted unsuccessfully to deliver your order to the Delivery Address:
(a) you may need to pay an additional delivery fee to re-deliver the Products to the Delivery Address or on providing an alternate Delivery Address (as applicable), prior to re-delivery; or
(b) if the Products need to be refreshed or replaced due to the failed delivery attempt or delay in providing a correct Delivery Address, you may need to pay an additional fee or for a new Product in full prior to re-delivery.
5.9 Ivy & Eve accepts no responsibility for Products that are moved, handled, repositioned, removed, knocked, modified or in any manner tampered with (whether intentional or accidental) which results (whether directly or indirectly) in the Products causing injury or damage to any person or property. You agree to hold us harmless and indemnify us against any claims at law or in equity for loss or damage incurred in connection with the Products as a result of any of the foregoing.
6. Products
6.1 Only a limited amount of each Product will be available on any given day. We do our best to update the Website as quickly as possible when a particular Product has sold out.
6.2 If we encounter any supply issues after you have placed your order, we will inform you as soon as possible and give you the option of selecting an alternate Product, an alternate Delivery Date, or a refund in full.
6.3 Any images and descriptions of Products provided by us or available on the Website are for the purposes of identification only and the use of a description does not constitute a sale by description. Any sample of the Products exhibited to, or inspected by, you are supplied solely to judge the quality in bulk and does not constitute a sale by sample.
6.4 You acknowledge that the Products may involve elements of artistic expression as part of the floral arrangement, design and style. Ivy & Eve reserves the right to use its artistic licence but will take all reasonable measures to ensure that such artistic expression and interpretation is consistent with your desired outcome for what has been ordered (Artistic Licence).
6.5 In relation to the Products, you acknowledge that:
(a) some flowers are seasonal and all flowers are products of nature, which means that there will be variations in colour, blooms, stems, size, quality, value and the availability of flowers. Whilst we will use our best endeavours to supply Products which reasonably resemble the images and descriptions provided on the Website, to the extent permitted by law, we do not make any warranties or representations that the Products will be free of variation;
(b) flowers may be unavailable. In such circumstances, our professional florists will substitute the unavailable flowers for flowers which are of a similar appearance and value and you agree that such substitutions and/or variations are reasonable and appropriate having regard to the variety and nature of flowers generally and agree that such substitutions and/or variations do not constitute a breach of these Terms;
(c) there may be some variations in comparison to the images and descriptions provided on the Website due to the use of our Artistic Licence. Our Artistic Licence is used to create the most beautiful Products with the flowers and material which are available to us at any given time. You agree that the use of our Artistic Licence does not constitute a breach of these Terms;
(d) we may engage other florists to help us fulfil orders, in which case variations between the images and descriptions provided on the Website and the Products may occur, including but not limited to the use of alternative presentation boxes, and you agree that these variations do not constitute a breach of these Terms; and
(e) where gift items are selected as part of your order (such as wine, chocolates, or other gifts), and the selected items are not available, you agree that we may substitute these items with similar or other gift items of equal or greater value. You agree that such substitutions are reasonable and do not constitute a breach of these Terms.
7. Alcohol
7.1 We support the responsible service of alcohol. A limit of 1.5 litres (approximate two bottles) applies to each recipient. When placing orders, you should ensure you do not exceed this limit.
7.2 Should your order include alcohol, at the time of placing the order, you warrant that you are over the age of 18 years and that the recipient is over the age of 18 years. You accept that it is an offence to falsely represent that you are of legal age to purchase alcohol or to obtain alcohol on behalf of a person who is under 18 years.
7.3 At the time of delivery, the recipient or any person accepting delivery on behalf of a recipient, may be required to provide current and valid identification to prove their age and sign for the Products. This identification can be requested at our, or our courier’s, absolute discretion.
8. Cancellation & Modifications to Orders
8.1 We will provide you with a full refund if you cancel an order by calling us on (03) 9696 5469 at least 24 hours prior to the Delivery Date.
8.2 We are unable to provide a refund in the event of a request to cancel an order less than 24 hours prior to the Delivery Date.
8.3 Changes to an order must be requested by calling us on (03) 9696 5469 before to 2.00pm one Business Day before the Delivery Date. If your order is for a special calendar event, such as Valentine’s Day or Mother’s Day, we strongly encourage you to place your order early and make any request for changes as soon as possible. Whilst we do our best to accommodate all requests, we reserve the right (in our absolute discretion) to not accept changes, modifications or variations to orders.
8.4 Whilst we do everything we possibly can to avoid it, there may be occasions where we need to cancel an order due to circumstances beyond our control (such as Trading Restrictions). We reserve the right to cancel any order for Products and Services without reason. If we have to cancel your order, we will notify you as soon as possible, we will provide you with a full refund.
9. Product guarantee
9.1 If the flowers 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 the recipient has:
(a) followed our Care Instructions; and
(b) contacted us as soon as possible to notify us of the wilted flowers; and
(c) emailed digital photos of the wilted flowers to us at hello@ivyandeve.com.au or returned the flowers to us at our Port Melbourne store.
9.2 Where we re-supply flowers to you in accordance with clause 9.1, you agree that we have fully discharged our obligations to you under the Australian Consumer Law (ACL) contained in the Competition and Consumer Act 2010 and any liability which we may have arising at law or in equity.
10. Warranties
10.1 Except as provided herein or required by law, there are no express or implied warranties, guarantees, conditions or other terms regarding the Products and Services and we will not be liable to you for physical or financial injury, loss or damage or for any indirect or consequential loss or damage of any kind arising out of the use and display of the Products or Services, whether caused by tort, breach of contract or arising out of our negligence or in any way whatsoever.
10.2 Nothing in these Terms limits, excludes, or modifies or purports to limit, exclude or modify any rights you may have under the ACL and the terms of these Terms are to be read subject to any such law.
10.3 If you are not a consumer as defined under the Competition and Consumer Act 2010, and for the purposes of the ACL contained therein, any warranty, guarantee, condition or other term arising out of or in connection with the Products and Services which might apply or which might be implied or incorporated into the contract by statute, common law, or otherwise (including, without limitation, any implied term or guarantee as to fitness for purpose or acceptable care and skill) is hereby expressly excluded to the maximum extent permitted by law.
10.4 If you are a consumer as defined under the Competition and Consumer Act 2010, and for the purposes of the ACL, we are required to make certain guarantees regarding the Products and Services (including guarantees as to fitness for purpose and acceptable care and skill) and we make those guarantees to the extent it is required by law to do so. If these guarantees are not required to be made by us, we do not make them.
11. Limitation of Liability, Release and Indemnity
11.1 Subject to the ACL, to the maximum extent permitted by law, where the Product or Service is a good not of a kind ordinarily acquired for personal, domestic or household use or consumption you agree that our liability (and any claim for damages) arising out of or in connection with a breach by us of a consumer guarantee implied by Division 1 of Part 3-2 of the ACL, is limited at our option to:
(a) the replacement or re-supply of the Products or Services;
(b) the cost of having similar products and services supplied by another person; or
(c) a refund of the price paid for the Products and Services.
11.2 Subject to the ACL, to the maximum extent permitted by law, you agree that Ivy & Eve, its employees, agents and representatives are not liable for any indirect or consequential loss, expense or lost opportunity suffered by you or any third party, howsoever caused (including but not limited to loss of profits, business or goodwill) in any way relating to or arising from the Products and/or Services or the supply of Products and/or Services.
11.3 Subject to the ACL, to the maximum extent permitted by law, you release and agree to indemnify and keep Ivy & Eve, its employees, representatives, servants, agents and contractors indemnified from and against any claims, losses, damages (including but not limited to damages for loss of profits, income, goodwill, use, data, contracts or other intangible losses), costs, expenses, liabilities, proceedings or demands (including reasonable legal fees), howsoever caused (including without limitation by reason of misrepresentation, negligence, other tort, breach of contract or breach of statutory duty) which may be incurred by you, Ivy & Eve, or any other party arising out of or in connection with:
(a) any breach of these Terms by you;
(b) any refusal to change/modify/vary Products or Services ordered pursuant to clause 8.3;
(c) any cancellation of orders pursuant to clause 8.4;
(d) any refusal to complete the delivery of Products which includes alcohol where the person accepting the delivery refuses or is unable to present identification as required pursuant to clause 7.3;
(e) any inability by us to complete the delivery of Products at the Delivery Address;
(f) where the Products are damaged or stolen when left in a place deemed safe at the Delivery Address where nobody is present to accept delivery of the Products;
(g) any failure to inform us of any allergies which you or the recipient or any close contact may have which results (whether directly or indirectly) in someone having an allergic reaction;
(h) any storing, displaying or positioning of Products by you or the recipient which results in the Product being knocked over or contributing to or causing damage to persons or property;
(i) any variations to the Product delivered to you from the images and descriptions on the Website having regard to the factors in clause 6.6;
(j) any wilting of flowers arising from your failure to follow the Care Instructions;
(k) your use or misuse of the Website;
(l) unlawful use of the Website;
(m) our rectification, variation or removal of the Website;
(n) any errors or inaccuracies in any information obtained through the Website;
(o) any decision made or action taken by you or anyone else in reliance on any information obtained through, or omitted from the Website;
(p) any interruption or cessation of transmission to or from the Website;
(q) any inability to access or use the Website (whether during any downtime or discontinuance of the Website, or otherwise);
(r) any problems or technical malfunction (whether or not under our control) of any communication network, telephone network or lines, computer online systems, servers or providers, computer equipment, software, technical problems, or traffic congestion on the internet or on any website, or any combination thereof, including but not limited to any injury or damage to your computer or device or any other person’s computer or device related to or arising from your use of the Website;
(s) any third party interference or unauthorised access to or use of personal and/or financial information contained therein;
(t) any bugs, viruses. Trojan horses, or the like which may be transmitted to or through the Website by any third party;
(u) any loss or damage of any kind incurred as a result of any content posted, transmitted or otherwise made available through the Website;
(v) any product or service advertised or offered by a third party website; or
(w) any failure by us to meet our obligations under these Website Terms where such failure is due to events beyond our reasonable control, including without limiting the foregoing, any breach of security safeguards of the Website or third-party sites or services used in connection with the Website.
12. Force Majeure
We are not liable for failure to perform, or delay in performing, any of our obligations under these Terms if such non-performance or delay was caused by a Force Majeure Event.
13. Do Not Consume and Allergies
13.1 Please note that flowers, potted plants and foliage are not for human or animal consumption.
13.2 At the time of placing your order for Products you must advise us if the recipient of the Products has any allergies to particular types of flowers. If you do not advise us of any allergies then we will not be able to take those allergies into account when supplying the Products.
14. Protection of Information/Privacy
14.1 When capturing consumer data, it is passed through a secure server using encryption technology to ensure that your information is being protected when it is sent over the Internet.
14.2 The Website has security measures in place to protect against the loss, misuse and/or alteration of the 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.
14.3 For information about how we keep your personal information safe, please refer to our Privacy Policy. By using the Website, you confirm that you have read and agree with the Privacy Policy.
15. Third-Party Websites
15.1 This Website may contain links to other websites (Third Party Websites) and may include third party content, such as payment processing software or applications (such as Stripe).
15.2 We are not responsible for the third party content or privacy practices associated with Third Party Websites and we should not be taken to have reviewed, investigated, monitored, endorsed or approved Third Party Websites or third party content.
15.3 We do not make any warranties with respect to links to Third Party Websites and do not accept any responsibility for or liability in relation to them or in respect of any third party content. The use of or reliance on any Third Party Websites or third party content is entirely at your own risk.
16. Intellectual Property
16.1 Unless otherwise indicated, the Website, Content and all copyrights, trademarks, service marks, logos, trade names, trade dress, designs and other intellectual and proprietary rights contained therein (IP Rights), are owned or controlled by us or licenced to us and are protected by copyright and trademark laws and various other intellectual property rights and laws in Australia and internationally.
16.2 Except as expressly provided in these Terms, you agree that you will not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, licence, reverse engineer, corrupt or otherwise exploit for any commercial purpose whatsoever, any part of the Website, Content or IP Rights, without our express prior written permission.
16.4 You are granted a limited licence only for the purposes of viewing the Website and Content and using any functional aspects of the Website, and only to the extent that your use does not violate these Terms.
16.5 We reserve all rights not expressly granted to you in and to the Website, Content and our IP Rights.
17. General
17.1 Price and GST: All prices on the Website are in Australian Dollars (AUD$) and, if GST applies, are inclusive of GST, but exclusive of delivery costs.
17.2 Governing Law: These Terms will be governed by and construed in accordance with the laws of Victoria, Australia and you agree to submit to the jurisdiction of the courts of Victoria, Australia and the laws in force from time to time in Victoria, Australia.
17.3 No Waiver: If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
17.4 Our Relationship: You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Ivy & Eve as a result of these Terms or your use of the Website. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Ivy & Eve, and we shall not be liable for any representation, act, or omission on your part.
17.5 Severability: If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
17.6 Survival: Termination of these Terms or the Website will not end those provisions that are capable of surviving, and/or which are intended to survive, such termination.
Contact Us
If you have any queries or need to notify us in relation to any matter arising under these Terms, please contact us. Our details can be found at: https://ivyandeve.com.au/contact/
P: (03) 9696 5469
E: hello@ivyandeve.com.au
A: 3/323 Ingles Street, Port Melbourne, 3207
