Terms of service

 

Availability

Products in the Starling Flowers range may not be available at all times due to our use of seasonally available flowers. Customers will be informed when a substitution needs to be made. Our website is updated with availability as soon as practicable but delays may occur and situations may change due to the perishable nature of our products.

When a product becomes unavailable, Starling Flowers will offer you an alternative product.

 

Substitution and Seasonal Availability Disclaimer

Starling Flowers endeavours to fulfil orders in compliance with product descriptions, however orders may be subject to daily fluctuations based on demand, supply and weather conditions.

Starling Flowers reserves the right to substitute products and items when necessary. Utmost care is taken to ensure the final product is comparable in quality and design to the requested item.

Photography and Products

For photographic purposes containers such as dishes, glasses or other props may be used for display purposes and are not included with the final product. The itemised product description available on the product page outlines the contents of final products.

CHANGES/CANCELLATIONS

Please make sure all order details are correct at time of ordering.

Due to high demand, some colours and varieties of flowers may need to be substituted to meet delivery times

 

PRICING AND TRANSACTIONS

I. All prices quoted, unless otherwise stated, are inclusive of GST.
II. All prices, unless otherwise stated, are quoted in Australian dollars (AUD).
III. Product prices do not include delivery fees.
IV. In the event a customer is entitled to a refund, the refund will be made to the original credit card or PayPal account. For PayPal transactions the refund will be made to the PayPal account.
We accept payment by Visa and Mastercard credit cards.
When providing your credit or debit card details you are agreeing that you are authorised to use that card and it must have sufficient available funds to cover your charges.

GIFT VOUCHERS

I. The voucher is redeemable by the bearer for Starling Flowers, to the value stated on the voucher.
II. The voucher may not be used after the expiry date as stated on the certificate and is not exchangeable, refundable, replaceable or redeemable for cash, payment of accounts or other gift vouchers or discounts.
III. The voucher is valid for Starling Flower purchases only.
IV. The voucher cannot be used in conjunction with any other promotion, discount or certificate offer, or Interflora orders.
V. Starling Flowers is not responsible or liable for vouchers that are lost or stolen.
VI. Gift voucher may only be redeemed on the Starling Flowers website,  by phone or through our partners,Williams Newsagents.
VII. Starling Flowers will not redeem a voucher if our records indicate that it has already been redeemed or has not been issued.
VIII. Any inconsistencies and issues arising from differences between the terms and conditions listed here and presented on the gift certificate/voucher is at the discretion of Starling Flowers to resolve

SECURITY AND PRIVACY
Collection and Use of Information
I. Starling Flowers collects personal data for the purpose of fulfilling orders for products or services.
II. Personal data includes, but is not limited to: the full name of the customer and/or recipient, payment details, e-mail address, recipient address and contact (mobile) phone numbers.
III. Starling Flowers does not keep records of customer credit card details.
IV. For customer security, your IP address has been logged and will be recorded with your purchase details.

Disclosure of Information
I. Starling Flowers may disclose personal data necessary to third party service providers, such as Delivery Drivers, for the purpose of fulfilling customer orders and any other obligations.
II. Starling Flowers will not disclose personal information to third parties for marketing purposes.
III. Under no circumstances will Starling Flowers sell or receive payments or services for disclosing customer's personal information to any partner or external company.

Sender Anonymity and Disclosure
I. Customers have the right to remain anonymous except in circumstances where personal information is required to complete an electronic transaction.
II. Starling Flowers will not disclose sender/customer information to a recipient unless requested or approved to do so by the sender/customer.

Information Storage
Starling Flowers website utilises cookies to store information of browsing history and to enable browsing features. We do not store any personal or financial information about customer-used cookies.

Promotional Material
I. Customers can elect to receive promotional material by joining as a Member and opting to receive plain text or HTML emails.
II. In compliance with Australian law, all marketing material sent to the subscriber will include an option for the subscriber to request removal from mailing or contact lists for any future marketing.

FRAUD

I. Any party engaged in illegal activities involving the use of Starling Flowers website will be subject to civil and criminal sanctions and prosecution.
II. Starling Flowers does not guarantee that it will be able to prevent any illegal or inappropriate use of its website, nor that it will give notice of any illegal or inappropriate use of its website
III. It is illegal to place orders under a false name, with a fraudulently obtained credit card or without the consent of the cardholder. Persons found to have placed a fraudulent order will be prosecuted.

GOVERNING LAW
I. The use of this website and these conditions is governed by and construed in accordance with the laws of Australia.
II. Any legal action arising out of its use shall be brought and enforced under the applicable Australian law.
III. By using this site, you agree to submit to the jurisdiction of the courts of Australia and any legal action pursued by you shall be within the exclusive jurisdiction of the courts of Australia.

THIRD PARTY SITES

Starling Flowers website may provide links to related third party sites. Starling Flowers is not responsible for the privacy practices or the content of such websites and does not warrant the security of any information supplied to third party sites.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
I. All material on this website owned, operated, licensed or controlled by Starling Flowers, including but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Starling Flowers its related companies or by other parties that have licensed their material to Starling Flowers.
II. Material on any website owned, operated, licensed or controlled by Starling Flowers is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Starling Flowers.
III. Use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of Starling Flowers' copyrights, trademarks and proprietary rights and is prohibited.

FORCE MAJEURE

Starling Flowers is not liable for failure to perform obligations, including but not limited to, the fulfilment of an order or a delivery, if such failure occurs as a result of acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster) war, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power, terrorist activities, government sanction, blockage, embargo, labour dispute, strike, theft, lockout or interruption or failure of electricity or telephone service or any other event or phenomenon beyond Starling Flowers’s control.