Terms & Conditions
Terms & conditions
This website is owned and operated by AVANE. We may amend Terms and Conditions when needed; these amendments become effective immediately.
COVID-19 (Coronavirus) – Update to terms & conditions as of MARCH 2020
Please note that we have updated our T&Cs in light of the current situation regarding COVID-19 in Australia.
We have implemented a ‘contactless delivery’ policy with immediate effect. This means wherever possible there should be no direct contact between drivers and customers.
Drivers have been given ‘authority to leave’ for all deliveries wherever there is a safe place to leave the gift. This is to further reduce the opportunity for person to person contact.
Drivers will still be required to alert the gift recipient – either by knocking on door / ringing doorbell and ask for the recipient’s name.
Drivers will be required to take photos as proof of delivery, rather than obtain signatures from the gift recipient.
As this is a public health measure, we will not be asking customers to give us prior permission for ‘authority to leave’ gifts and flowers.
For deliveries to business addresses that may be closed due to COVID-19, we are happy to send orders to an alternative address at no extra cost as long as we are informed of the address change prior to 11am on the day of delivery. An additional delivery fee will be charged for any updates to addresses after 11am on the day of delivery. It remains the customers responsibility to ensure that all delivery address details are correct and up to date.
For further information on measures we are implementing due to COVID-19, please see our FAQs page.
Prices and Payment
You agree to pay for all products and services you order. Prices given on product pages exclude delivery (see below under delivery for more detail). The price of products and services we offer may change without notice from time to time, but we will never change the price of anything you have already ordered and paid for. All prices are quoted in Australian dollars. We accept payment by Visa, Mastercard and PayPal. Payment card use may be subject to processing fees, but you will be informed of those prior to finalising your purchase.
AVANE offers a same day delivery service across metro areas in Hobart and a one to four day delivery service to rural or other areas in Australia. The cost of delivery is dependent on suburb and fees start from $10.00. This is subject to change and will be updated on our website as the changes occur. Our delivery hours are between 8.00am and 6.00pm. Please note we are not able to guarantee delivery at a specific time of day. Our courier partners do not provide same day or next day delivery services to regional parts of Australia or to International markets but please get in touch if you would like to arrange a custom delivery and we will be more than happy to facilitate this if we can. Unfortunately we cannot send to PO Boxes as part of our delivery option.
Once a gift has been delivered to a concierge or front desk at the address specified we cannot be held responsible for the gift getting to the recipient. In regards to hospital deliveries, if the patient has been discharged the gift will be returned to AVANE HQ and a re-delivery fee will apply. In the unfortunate event of a delay or delivery issue AVANE will work with the customer to assist in resolving any issues. If a customer gives permission for flowers to be left (eg: around the back) and the receivers are on holidays or not returning to their home, it is not the responsibility of AVANE to provide a replacement or refund in this instance.
A gift is considered as undeliverable if (i) the Recipient’s address is incomplete, incorrect or cannot be located, (ii) there is no one at home to receive the gift and there is nowhere safe to leave the gift (iii) the delivery is refused by the recipient before opening the package.
All undeliverable gifts will either be (i) re-directed to a local post office for collection by the intended recipient or (ii) returned to AVANE HQ where the customer will be liable for all charges and fees incurred in returning, storing or disposing of an undeliverable gift. When a gift is re-directed to a local post office a courier card will be left at the recipients address to inform them of their local collection point. Due to the perishable nature of some of our products (e.g. flowers) it is strongly advised that recipients collect their gift within 24 hours from the collection point indicated on the courier card. AVANE cannot be held responsible for delays in the collection and pick-up of gifts and is not liable for the quality and condition of perishable goods, such as flowers, that have not been collected within a 24 hour time frame from the date and time of attempted delivery.
Units and apartment buildings
Couriers sometimes face problems with delivering goods to units and apartment building which can result in gifts arriving late, going missing or being returned to AVANE HQ. If gifts are being delivered to an apartment or unit address the customer is responsible for ensuring that the recipient will be available on the day to receive the gift. If the recipient is not home and the courier cannot gain access to the building to leave the gift in a safe place the gift will be deemed ‘undeliverable’ and either be (i) re-directed to a local post office for collection by the intended recipient or (ii) returned to AVANE HQ where the customer will be liable for all charges and fees incurred in returning, storing or disposing of an undeliverable gift.
In the event of an undeliverable gift being re-directed to a local post office, a courier card will be left at the original delivery address to inform the recipient where to collect the gift. AVANE is not responsible for gifts not collected by the recipient.
Incorrect and incomplete addresses
Please be very careful in providing us with correct, complete and up to date address information. If you provide us with an incorrect or incomplete address and we deliver your order as per your instructions, we can accept no responsibility for the mistake. If we are unable to deliver to an incorrect or incomplete address and the order is returned to LVLY HQ, we can redeliver but the customer will incur a additional delivery charge as well as a product replacement fee for any perishable items, such as flowers, that need to be replenished.
Substitution and Seasonal Availability Disclaimer
AVANE endeavours to fulfil all orders in compliance with product descriptions, however flower orders may be subject to seasonal and product availability. AVANE reserves the right to substitute flower varieties when necessary, however we will always take utmost care to ensure the final product is similar in quality to the requested item. Substitutions and alterations to the style of a product will be of similar quality and value.
Delivery of Alcohol
AVANE liquor license states that in order to send alcohol it must accompany flowers, plants or gifts. Alcohol orders cannot be left unattended when being delivered, therefore someone must be home to receive them.
AVANE will not deliver an order with alcohol without first contacting the receiver to confirm someone 18 years old or over will be home to receive them, unless sending to a business address.
Availability of product
The homepage and product pages will be updated when flowers are no longer available to purchase, stating that the style has sold out. All other products will state on the product page if they are no longer available.
Days of operation
We deliver 6 Days a week. We do not operate on public holidays, so products will not be dispatched on such days. If you order a product for public holidays we will deliver on the next working day.
Warranties, refunds and cancellations
Due to our quick turnaround times we’re unable to refund if you change your mind about a purchase that has already been made or in transit. We are also unable to offer a refund if incorrect delivery information is given to us. It’s the sender’s responsibility to make sure they provide us with detailed and accurate delivery instructions. If the wrong delivery address is given we can re-deliver, but this may be at an additional cost. The customer can request to have their order date moved for no extra fee if 24 hours notice is provided. For advance orders, a cancellation must be made 24 hours in advance if necessary and a full refund will be provided. Cancellations can be made by emailing firstname.lastname@example.org or by dropping us a line on 0490481990. Every flower is different and some are more delicate than others. You should expect your flowers to last at least 3 days. If for any reason (excluding extreme spikes in temperature) they last less than 3 days, or you’re not happy with your order, please let us know immediately so we can do our best to put things right. Any unhappiness with a customer’s product must be advised to AVANE within 24 hours of receiving the product. Imagery of the flowers must be provided to AVANE to assess the condition. Alternatively the flowers should be presented to a AVANE florist for assessment. Regretfully, AVANE cannot arrange a resend of fresh flowers if the originals are disposed of without first being assessed by a AVANE florist.
Liability and general matters
We are not liable to you for any consequential, indirect, special, punitive, remote or incidental damages or for any loss of profit, loss of data, loss of goodwill, loss of business, loss of opportunity, increased financing costs, or any failure to realise anticipated savings or any type of commercial or economic loss. All goods supplied to you come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied to you fail to meet a consumer guarantee under the Australian Consumer Law. Nothing in this document excludes, restricts or modifies any condition, guarantee, warranty, right or liability protected by law to the extent that such exclusion, restriction or modification would render this document or any provision of this document void, illegal or unenforceable. Save for in relation to claims you make under the Australian Consumer Law, the maximum amount we will be liable to you in connection with any claim (or claims) you make in relation to your use of our sites and buying products from us is limited in aggregate to the amounts you have paid us for the provision of goods or services. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise. You own the intellectual property rights in the data you provide us. We own (or have rights to use) all other intellectual property existing in and developed in connection with this site. You have no rights to use in any way any of our intellectual property including but not limited to using, copying, embedding (in another website) any design, text, marks and graphics appearing on our site. These terms and conditions may be amended from time to time and it is your responsibility to appraise yourself of the current version applying to your orders by checking this site for the latest version of this document. This site may contain links to external websites that are not operated by us and you agree that no representations or warranties are made by us in connection with those links and that we have any responsibility or liability for those websites and that the provision of the links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites. If any provision of this document is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. Headings are for reference purposes only and do not form part of this document. Any failure to act on a breach by you or others doesn’t waive the right to act on subsequent or similar breaches. All sections which by their nature are intended to survive termination of this document will be deemed to survive. This document is governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and the jurisdictional selection provision above does not apply to any claim you may have under the Australian Consumer Law. If you need further assistance please contact us on email@example.com
WE TAKE YOUR PRIVACY SERIOUSLY. YOU HAVE RIGHTS IN RELATION TO YOUR PRIVACY AND HOW OTHER PEOPLE USE AND HANDLE YOUR DATA.
How do we collect non-Personal Information?
When you visit our Site, we collect non-Personal Information from you including, without limitation, which sections of the Site are most frequently visited, how often and for how long. This data is always used as aggregated, non-Personal Information. We may analyse this non-Personal Information and release it to third parties in an aggregated form.
How do we collect Personal Information?
Like many websites, when you visit the Site, we automatically collect certain information through the use of “cookies”, web beacons, device identifiers, pixels and other technologies including information about your web browser, IP address and time zone. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site and information about how you interact with the Site. We refer to this automatically-collected information as ‘Device Information’.
We collect Device Information using the following technologies:
• “cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier;
• “log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps;
• “web beacons”, “tags” and “pixels” are electronic files used to record information about how you browse the Site.
When you make a purchase or attempt to make a purchase through the Site, we collect the following information (which includes Personal Information) from you:
• your name;
• email address;
• phone number;
• credit card information (we don’t have access to your actual credit card details and we don’t store your credit card details as this information is handled by our payment gateway);
• billing address;
• Gift Recipient’s name;
• Gift Recipient’s delivery address,
How do we use Personal Information?
We use the Order Information that we collect to fulfil any orders placed through the Site (including processing your payment information, arranging for shipping and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
• communicate with you;
• communicate with the Gift Recipient to troubleshoot any delivery problems;
• screen our orders for potential risk or fraud; and
• when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to:
• screen for potential risk and fraud;
• improve and optimise our Site (for example, by generating analytics about how our customers browse and interact with the Site and to assess the success of our marketing and advertising campaigns); and
• to recognise you across different services and devices.
For Personal Information subject to the GDPR, we rely on the following legal bases to process this information:
• where you have given your consent;
• where the processing is necessary to perform a contract that we have with you, for example when you purchase our products; and
• our legitimate business interests, such as improving and developing our products and services and marketing new features or products.
You may at any time refuse to provide the Personal Information that we request. However, this may limit or prohibit our ability to provide our products and services to you. You may withdraw your consent for us to process your Personal Information at any time by contacting us in accordance with our ‘Contact us’ section below.
Who do we disclose Personal Information to?
Outside of authorised personnel employed by us, we only share your Personal Information with third parties that meet the data privacy conditions described in this Privacy Statement. These third parties help us use your Personal Information, as described above, and include:
• logistics providers, so that we can fulfil our delivery service;
• product tracking and marketing platforms, communications platforms and contractors who we engage to help process Personal Information and other data;
• government third parties, including government agencies, regulatory bodies and law enforcement agencies as required, authorised or permitted by law; and
• a third party that acquires or intends to acquire AVANE or its assets.
We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it (including encryption and password protection). Each of our employees is aware of our security policies, and your information is only available to those employees who need it to perform their jobs. However, no method of transmission over the Internet using industry standard technology is 100% secure. Therefore, we cannot guarantee the absolute security of your information.
When you place an order through the Site, we will maintain your Order Information, and other personal information you have provided, for our records because we need this information to operate the accounts you have with us, to deliver our products and services to you and for the other purposes set out in the ‘How do we collect Personal Information?’ section. We will retain this information unless and until you ask us to delete this information.
We do not knowingly advertise or collect Personal Information from any individual under the age of 16. If we later find out that we have collected Personal Information from an individual under the age of 16, we suspend and remove this Personal Information immediately.
Changes to Privacy Statement
We reserve the right to modify this Privacy Statement at any time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. If we make material changes to this Privacy Statement you will be notified via email (if we have your contact information) or otherwise in some manner through our services that we deem reasonably likely to reach you. Any modifications to this Privacy Statement will be effective upon our publication of the new terms and/or upon implementation of the new changes to our services (or as otherwise indicated at the time of publication). In all cases, your continued use of our services or Site after the publication of any modified Privacy Statement indicates your acceptance of the terms of the modified Privacy Statement.
Thank you for taking the time to read this. Please don’t hesitate to get in touch if you have any queries about the use of your private information – email us at firstname.lastname@example.org