Terms and Conditions
Poppy Petals Terms and Conditions.
Thank you for choosing to brows and shop with Poppy petals. Please read all the terms and conditions carefully, as it contains important information of using the website. The terms and conditions set below (the “terms”) governs your use of the website located at www.poppypetals.com.au which belongs to Poppy petals Pty Ltd (“Poppy Petals”). These terms are legally binding on you. For any reason, if you do not agree with these terms, you must not access or use the website or use any information contained on the website. Also, you may not access or use this website, become a member, purchase any items or accept this agreement unless you are at least 18 years old. Poppy Petals reserves the right, to modify the terms or content, suspend or discontinue of the website. As a customer, you are fully responsible to review the terms and conditions each and every time you access or use the website. Your continued use of the Site shall constitute your consent to such changes.
1. Terms of sale
All products or services (“products”) listed on the website are in AUD and inclusive of GST. All products, prices and availability are subject to change. Currently, we sell and deliver the products only with in Australia not internationally.
Our product display on our website is not an offer to sell but only an invitation to treat. Once you place your order, that constitute that an of offer is been made. We will not be bound to a contract of sale until we accept your offer. We will send to you an email to acknowledge your order, if you enter a correct email address. This is not an order confirmation or order acceptance from us.
We will process the payment from your card or your PayPal account at the time we are ready despatched your order. Products are subject to availability. So, at this point, if the product is not available, we will contact you immediately. Unless we have notified you that we will not accept the order or you haven’t cancel the order, the order acceptance and beginning of the contract between poppy petals and you will take place upon the despatched of the product and invoice to you.
In the event of a product listed with a wrong price or with a wrong description or information or run out of stock, Poppy petals has the right to decline or cancel such orders (full order or partially) prior to the acceptance of the order. If your credit card or PayPal account has been charged already and we cancelled your order, we will arrange a refund to your credit card or to your PayPal account accordingly. After you place the order, the automated confirmation you receive from Poppy petals does not either constitute our acceptance of your order or confirm of our offer to sell. Poppy Petals holds the rights at any time, after receiving your order to accept, decline or cancel it (full order or partially). In a such status, we might need further clarification from you before progressing further. If the order was fully cancelled, the payment will be fully refunded and if the order is partially cancelled, the refund will be arranging for the value of the cancelled part.
1.2 Payment terms.
We have facilitated you the access of third party payment gateways such as PayPal. Poppy Petals do not govern or have a right to control or maintain such third-party payment gateways. You agree to read and understand the terms and conditions of the third-party payment gateways prior to making any transactions through them.
For each and every product you order from Poppy petals using the website, you agree to pay the price listed of the product (“price”) at the time you submit your order. The delivery charges for the delivery services and any applicable taxes will automatically be billed to your credit card or PayPal account as a part of your order. You here by authorise Poppy Petals to process for such fees and charges as a part of your order. Customer will be fully responsible of paying any applicable taxes, fees and duties or other government charges arising from the product purchases.
1.3 Availability of the products.
All orders will be processed subject to the product availability. Any sold out items will be marked as “SOLD OUT” and your credit card or PayPal will not charge for those items. If in any case your credit card or PayPal has been charged for an out of stock product, a credit or a refund will be process to either your credit card or your PayPal account. It is possible that a product you purchased become unavailable in stock. In an event, as such we will inform you with regards to the unavailability and then will arrange a credit or refund to your credit card or PayPal account.
1.4 photos of the products.
We are trying our best to deliver the colours of the products closer to the exact colours of the products. But, due to the nature of the screen displays it may slightly vary from the actual product.
2. Delivery of Product.
Please refer to our delivery policy for full details.
3. Returns and Refunds.
Please refer to our Refund policy for full details.
5. Intellectual Property.
Poppy Petals reserves the rights to the trademarks, service marks, names, logos, text materials and designs used on this site. Unless you have a prior written approval or consent from Poppy petals you should not copy, use, remove or alter any trade mark.
6. Limitation of liability and indemnity.
You agree that poppy petals will not hold liability for any direct, indirect, incidental or consequential damages including but not limited to loss of business or income, loss of revenue or profits, privacy, data or any other social and economic advantages by using or attempt to using our site.
You have full and sole responsibility to use appropriate and adequate security and protection while you are using the site. By agreeing to terms and conditions of using the site, you agree to indemnify Poppy petals Pty Ltd and its successors and assigns for all damages, costs, expenses and any other liabilities, including but not limited to legal fees, expenses and any claim arising out of or related to your access and use of the site and/or if you breach the terms and conditions and all the governing laws and the right of another person or party.
7. Termination or suspension of the use of the website.
You agree that any time Poppy petals reserves the right to terminate or suspend your access to the website. We will notify you prior to terminating your access and will be done with fully discretion.
Also, you agree that we will not be liable to you or any third party for any damages, claims or costs due to termination or the suspension to access the website.
8. Disclaimer of Warranty.
This site may contain, certain errors, omissions, error in pricing and product descriptions or outdated information. You acknowledge and agree such errors could take place. You acknowledge and agree that Poppy petals does not warrant the accuracy or the timelines and also agree that Poppy Petals has no liability for any errors and omissions of the product and materials even though it is provided by Poppy petals. Should you have any questions please contact us on email@example.com prior to using or purchase any product listed in our website.
9. Circumstances beyond our control.
You agree that we are not liable to you or a third party for damages, claims or any costs due to any event including but not limited to any delay, breach, hacking, breakdown, natural disaster and any unavoidable incidents beyond our reasonable control. In a such evet or events if, either you or we will terminate a contact, it will be done with a written notice within four business days. Neither you nor we will be liable to the other by reason for such termination except for a refund of a product you already paid but not delivered to you.
10. Consumer protection and Governing laws.
Poppy petals controls and operates in Australia and is governed by consumer protection laws in Australia. Also, these terms will be governed by laws in Australia.