TERMS & CONDITIONS

Welcome to bouqie.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
The Website is operated by Bouqie Florist (ABN 37 697 543 032). Access to and use of the Website, or any of its associated Products or Services, is provided by Bouqie Florist. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
Bouqie Florist reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Bouqie updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Bouqie in the user interface.

PURCHASING GOODS & ORDERING

PURCHASES

In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product.
Payment of the Purchase Price may be made through the Payment Gateway Provider. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
Following payment of the Purchase Price being confirmed by Bouqie Florist, you will be issued with a receipt to confirm that the payment has been received and Bouqie Florist may record your purchase details for future use.

SUBSCRIPTION & PAYMENT

Bouqie Florist is a subscription service with no minimum term (cancel at any time). When you purchase a subscription, you agree to pay the price stated at the time of your order. You also agree to the billing frequency specified at the time of your order.
The cut-off for subscription adjustments such as cancellations, pauses, changes of address, upgrades or downgrades is every Wednesday before your next scheduled delivery. Payments are processed on the Wednesday prior to your next delivery. By subscribing to Bouqie Florist you are agreeing to pay a recurring subscription for an indefinite period until cancelled by you or us as per our Cancellation Policy.
The subscription amount and billing interval on the subscription are terms set out in the checkout process.
Payment for all Products and Services must be by credit or debit card or any available payment method on the online checkout page.
You must advise us of any changes to your information provided to us as part of the customer registration process. Changes to payment details must be advised at least 5 days prior to the next payment date. If your credit card expires or your payment method is otherwise invalid, your subscription may automatically be cancelled.

PRICE

All prices are in Australian Dollars (AUD). Bouqie Florist reserves the right to change the prices at any time. Bouqie Florist will provide you with 14 days notice if the subscription fee changes from what was stated at the time of activation.
Price changes will take effect from your next billing date (every Wednesday) after the notice period. If you do not wish to continue your subscription at the revised subscription fee, you may cancel your subscription before the end of your current direct debit pay cycle.
You agree to notify Bouqie Florist of any changes to the Payment Method you provided.

DELIVERY

Bouqie Florist does not deliver subscription products to P.O. Boxes. Bouqie Florist deliver to the front door of the delivery address provided, we accept no responsibility for any loss or damage. Our third-party courier may require identification of the person accepting delivery. It is important that we receive accurate delivery address as there may be delays and/or delivery fees for changes to addresses. Bouqie Florist accepts no responsibility for incorrect delivery details, no refunds will be processed.
You acknowledge that the Purchase Services offered by Bouqie Florist integrate delivery through the use of trusted third-party delivery companies.
In providing the Purchase Services, Bouqie Florist may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Bouqie Florist is not the provider of these delivery and insurance options.
In the unfortunate event of a damage or faulty package or item, Bouqie asks that you:
- contact the Delivery Service Provider directly to request a refund or to claim on any options available; and
- contact us by sending an email to help@bouqie.com.au.
Bouqie Florist will aim to have the flowers delivered on time, however we cannot provide or guarantee specific delivery dates and time. Bouqie Florist shall not be liable for any failure to deliver or delay in deliver for any reason.
Bouqie Florist has sole discretion to accept or reject any order or any variation or modification of an order and any order cancellation request. Bouqie Florist expressly reserves the right to cancel and/or refund any order placed and/or paid for.
If you have joined a subscription to receive flowers on a regular basis you agree that your subscription will be automatically renewed until as it is cancelled by you. If you wish to cancel your subscription you must do so four days prior to your next scheduled delivery.

CANCELLATION POLICY

Individual ongoing subscriptions may be cancelled at any time by logging into your user account and following the steps to cancel any time before payment date. If your cancellation is submitted on or after the scheduled payment cut-off, please note that your cancellation will take effect from the subsequent delivery period.
You will not be charged for cancellation, but we reserve the right not to renew your subscription at any time without giving reasons for our decision where we previously elected to cancel a subscription from you.

REFUND POLICY

Due to the nature of our product, you may not return your flowers to us for a refund. All Bouqie Florist boxes are checked for quality and hand packed prior to dispatch and while we do our best to ensure your flora is delivered to you in the best possible condition your product may be damaged during the delivery process. Should this be the case with your delivery Bouqie Florist will consider either a refund or replacement as appropriate to your case. Please note that any refund issued may take up to five working days to reach your account.

If you are not completely happy with your box and would like to seek a refund or replacement contact us at help@bouqie.com.au and provide your account details and reason for requesting a refund or replacement in relation to your order.

GENERAL DISCLAIMER

You acknowledge that Bouqie Florist does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
Bouqie Florist will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
Bouqie Florist will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

WEBSITE CONTENT

Use of the Website, the Purchase Services, and any of the products of Bouqie Florist, is at your own risk. Everything on the Website, the Purchase Services, and the Products of Bouqie Florist, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Bouqie Florist including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Bouqie Florist) referred to on the Website. This includes loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records
- the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

the Content or operation in respect to links which are provided for the User's convenience;
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

LIMITATION OF LIABILITY

Bouqie Florist's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Bouqie is the resupply of information or Purchase Services to you.
You expressly understand and agree that Bouqie Florist, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Bouqie Florist is not responsible or liable in any manner for any site content (including the Content and Third-Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Bouqie Florist, by third parties or by any of the Purchase Services offered by Bouqie Florist.

You acknowledge that Bouqie Florist does not provide the Delivery Services to you and you agree that Bouqie Florist will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill in connection with the Delivery Services.

COPYRIGHT & INTELLECTUAL PROPERTY

The Website, the Purchase Services and all of the related products of Bouqie are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes and are reserved by Bouqie Florist or its contributors.
Bouqie Florist retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
- the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of Bouqie; or
-the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
- a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

You may not, without the prior written permission of Bouqie Florist and the permission of any other relevant rights owners: broadcast, republish, rent, lease, sell, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
Photos taken by us of your arrangements remain our property. Our photos are not to be reproduced, copied or edited in any way by you or any third party without our prior permission. All photos on this site have the exclusive permission by its owner for use on this site.

LAW AND JURISDICTION

Contracts for the purchase of products through our site will be governed by Australian law. In the event of any dispute arising out of or in relation to the website, will be subjected to the non-exclusive jurisdiction of the courts of NSW, Australia.

LAW AND JURISDICTION MOBILE TERMS OF SERVICE

The Bouqie Florist mobile message service (the "Service") is operated by Bouqie Florist (“Bouqie Florist”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Bouqie Florist’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Bouqie Florist through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Bouqie Florist. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to Bouqie or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Bouqie Florist mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to Bouqie or email bouqieblooms@gmail.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.