Terms & Conditions

Last updated on 25/08/2022

FRIARUN PTY. LTD.
ABN 52 006 975 346
trading under the business name ‘The Flori Studio’

• Part A – For When You Buy Products…
• 1 – SUBMITTING AN ORDER
  • (a) By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:
    • (i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
    • (ii) you are authorised to use the debit or credit card you provide with your Order.
  • (b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
  • (c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
• 2 – ACCOUNTS AND GUEST CHECKOUT
  • (a) You may submit an Order as a guest, or you may submit an Order with an account. You can sign-up, register and receive an account through the Website (an Account).
  • (b) As part of the Account registration process and during the checkout process (whether your Order is submitted with an Account or as a guest), and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
  • (c) You warrant that any information you give to us in the course of completing the Account registration process and during the checkout process will always be accurate, honest, correct and up-to-date.
  • (d) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
  • (e) We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
• 3 – SHOPPING AND PRODUCTS
• 3.1 – PRODUCTS
  • (a) We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website. However, due to:
    • (i) Seasonal Availability,-; and
    • (ii) Screen display, colour, brightness, and image quality,
    • Certain products may not exactly match, or vary in design or appearance to the image on our Website. If a particular item is unavailable, we will fulfil your Order with an item of substantially similar value and quality (acting reasonably)
  • (b) Until the price of your Products is paid in full, title in those Products is retained by The Flori Studio. Risk in the Products will pass to you on delivery in accordance with clause 6. Delivery must not be refused by you.
• 3.2 – GIFT CARDS
  • (a) We may issue gift cards for use in our Website (Gift Cards).
  • (b) Gift Cards are valid online at our Website and are redeemable through our checkout in accordance with the process set out on the Gift Card or otherwise communicated to you.
  • (c) Gift Cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else other than our Products.
• 3.3 VOUCHER AND DISCOUNT CODES
  • (a) We may provide promotional materials and discount codes offering a discount on the Products (Voucher). To use a Voucher, you will need to enter its code at checkout.
  • (b) A Voucher cannot be applied retrospectively to an Order. Vouchers are non-transferrable and cannot be redeemed for cash or store credit.
  • (c) If any additional terms or conditions apply to the Voucher, these will be set out on the Voucher.
• 4 – PAYMENT
  • (a) All prices are:
    • (i) per unit (except where indicated);
    • (ii) in Australian Dollars; and
    • (ii) subject to change prior to you completing an Order without notice.
  • (b) (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products upfront, at the time of placing an Order.
  • (c) (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by The Flori Studio, you must pay the GST subject to The Flori Studio providing a tax invoice.
  • (e) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products, such as Stripe and Paypal. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
  • (f) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your Order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your Order at the correct price, or cancelling your Order. If you choose to cancel your Order and payment has already been debited, the full amount will be credited back to your original method of payment.
• 5 – AFTERPAY
  • (a) Afterpay is a payment option which allows you to be able to purchase what you want now and pay off the remaining amounts payable over 4 fortnightly instalments. Late fees may apply if you miss your scheduled payments. Please refer to the Afterpay website for more information, and their terms and conditions. Afterpay may be selected as a payment method at checkout.
  • (b) (Returns with Afterpay) Our returns and exchange process as set out in clause 8 will apply for Afterpay Please ensure to continue paying any Afterpay instalments even after you have returned a Product. Remaining instalments will only be cancelled once the return has been processed. For partial returns or exchanges, Afterpay will adjust your remaining instalment amounts.
• 6 – DELIVERY AND SHIPPING
  • (a) (Eligible Postcodes) The Flori Studio may only deliver your Order to eligible postcodes set out on the Website. If your delivery address does not fall within the boundaries of these eligible postcodes, please contact us at [email protected] for further details. If you do not contact us, we are not obligated to fulfil your Order and we will refund you any payment made in respect of that Order.
  • (b) (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
  • (c) (Delivery Details) The Flori Studio may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
    • (i) delivery is to the delivery point specifically accepted by The Flori Studio; and
    • (ii) we will deliver the Products to you in accordance with the shipping information displayed on our Website.
  • (d) (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
• 7 – LOCAL PICKUP
  • (a) We may allow you to select “Local Pickup” as an option on checkout and select:
    • (i) a date on which you will collect the Products (Collection Date); and
    • (ii) a designated location from which you will collect the Products (Collection Address). 
  • (b) If you select “Local Pickup”, you agree to collect the Products from the Collection Address by 9pm (AEST) on the Collection Date
  • (c) If you fail to collect the Products within this time, then unless you have made arrangements with us for late collection, we may cancel your Order and we may:
    • (i) re-sell the Product to another party; and/or
    • (ii) require you to pay a re-stocking fee.
  • (d) We may require you to verify your identity upon collection.
• 8 – CHANGES TO YOUR ORDER
• 8.1 – CANCELLATION BY US
  • We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
• 8.2 – CANCELLATION BY YOU
  • You may cancel your Order up to the time that we have approved your payment and you receive an email from us confirming that your order is being processed. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 6.3 may apply.
• 8.3 – RETURNS AND EXCHANGES
  • (a) We do not offer change of mind returns. However, if you are unhappy with your Product or if there are any problems with your Product, please contact us at [email protected].
  • (b) We will provide a full refund of the price paid for a Product if we determine that:
    • (i) a Product you have ordered was not received by you solely due to failure by us;
    • (ii) a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of seasonal availability, screen display, colour and brightness, and image quality); or
    • (iii) a Product is defective, in accordance with clause 6.3(c)).
  • (c) (Defective products) The following process applies to any Product you believe to be defective.
    • (i) If you believe your Product is defective, please contact us using the details provided on our Website with a full description of the defect (including images).
    • (ii) If we determine that your Product may be defective, we will request that you return the Product back to us at a designated location disclosed by us for further inspection, including any accessories, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product defective.
    • (ii) If we determine in our reasonable opinion that the Product is not defective, or is defective due to fair wear and tear, misuse, failure to use in accordance with the supplier’s instructions, or failure to take reasonable care, we will refuse your return and give the Product back to you.
    • (iv) If we determine that the Product is defective, you will be credited the full amount paid (including shipping costs) and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
    • (v) If you fail to comply with the provisions of this clause 8 in respect of a defective Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the defective Product.
    • (vi) Nothing in this clause 8 is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law, including the Competition and Consumer Act 2010 (Cth).
• 9 – INTELLECTUAL PROPERTY
  • (a) The Flori Studio retains all intellectual property rights in the design of the Products, including the labeling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
  • (b) In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
• 10 – THIRD PARTY SUPPLIERS
  • (a) We may do any of the following:
    • (i) outsource any part of performing any services related to providing the Products, including delivery of your Products; or
    • (ii) procure materials and Products from third party suppliers,
    • without further notice to or permission from you.
  • (b) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.

• Part B – For When You Browse This Website…
• 11 – ACCESS AND USE OF THE WEBSITE
  • You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
• 12 – YOUR OBLIGATIONS
• You must not:
  • (a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of The Flori Studio;
  • (b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
  • (c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
  • (d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
  • (e) use the Website with the assistance of any automated scripting tool or software;
  • (f) act in a way that may diminish or adversely impact the reputation of The Flori Studio, including by linking to the Website on any other website; and
  • (g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
    • (i) gaining unauthorised access to Website accounts or data;
    • (ii) scanning, probing or testing the Website for security vulnerabilities;
    • (iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
    • (iv) instigate or participate in a denial-of-service attack against the Website.
• 13 – INFORMATION ON THE WEBSITE
  • (a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
    • (i) the Website will be free from errors or defects (or both, as the case may be);
    • (ii) the Website will be accessible at all times;
    • (iii) messages sent through the Website will be delivered promptly, or delivered at all;
    • (iv) information you receive or supply through the Website will be secure or confidential; and
    • (v) any information provided through the Website is accurate or true.
  • (b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
  • (c) Our Website may contain reviews, testimonials or similar information about our Products.  You acknowledge and agree that we do not (to the maximum extent permitted by law) warrant the accuracy of such information or guarantee that our Products will meet the standards of, or otherwise be compliance with, such reviews, testimonials or similar information.
• 14 – INTELLECTUAL PROPERTY
  • (a) The Flori Studio retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
  • (b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from The Flori Studio or as permitted by law.
  • (c) In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
• 15 – THIRD PARTY TERMS AND CONDITIONS
  • (a) You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
  • (b) You agree to any Third Party Terms applicable to any third party goods and services, and The Flori Studio will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
• 16 – LINKS TO OTHER WEBSITES
  • (a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
  • (b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
• 17 – THIRD PARTY PLATFORM
  • (a) This Website is powered by WooCommerce, a third party platform and the terms and conditions of WooCommerce may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: https://wordpress.com/tos/.
  • (b) To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
• 18 – SECURITY
  • The Flori Studio does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
• 19 – REPORTING MISUSE
  • If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
• 20 – PRIVACY
  • You agree to be bound by our Privacy Policy, which can be found here: thefloristudio.com.au/privacy-policy.

• Part C – Liability And Other Legal Terms…
• 21 – LIABILITY
  • (a) To the maximum extent permitted by applicable law, The Flori Studio limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or services provided by The Flori Studio, is limited to (in aggregate of all claims):
    • (i) where the liability relates to a Product, the amount paid by you to us for the relevant Product giving rise to the relevant liability; and
    • (ii) where the product does not relate to a Product (including where the liability relates to use of the Website), $100.
  • (b) Claims for loss of or damage to Products in transit must be made against the carrier.
  • (c) Products sold by The Flori Studio, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
  • (d) All other express or implied representations and warranties in relation to Products and the associated services performed by The Flori Studio are, to the maximum extent permitted by applicable law, excluded.
  • (e) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
  • (f) (Indemnity) You indemnify The Flori Studio and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
    • (i) breach of any of these terms;
    • (ii) use of the Website; or
    • (iii) use of any goods or services provided by The Flori Studio.
  • (g) (Consequential loss) To the maximum extent permitted by law, under no circumstances will The Flori Studio be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by The Flori Studio (except to the extent this liability cannot be excluded under the ACL).
• 22 – GENERAL
• 22.1 – GOVERNING LAW AND JURISDICTION
  • This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
• 22.2 – WAIVER
  • No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
• 22.3 – SEVERANCE
  • Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
• 22.4 – JOINT AND SEVERAL LIABILITY
  • An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
• 22.5 – ASSIGNMENT
  • A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
• 22.6 – COSTS
  • Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
• 22.7 – ENTIRE AGREEMENT
  • This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
• 22.8 – INTERPRETATION
  • (a) (singular and plural) words in the singular includes the plural (and vice versa);
  • (b) (currency) a reference to $, or “dollar”, is to Australian currency;
  • (c) (gender) words indicating a gender includes the corresponding words of any other gender;
  • (d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  • (e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  • (f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  • (g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
  • (h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
  • (i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  • (j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
  • (k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
• 23 – NOTICES
  • (a) A notice or other communication to a party under this agreement must be:
    • (i) in writing and in English; and
    • (ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
  • (b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
    • (i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
    • (ii) when replied to by the other party,
    • whichever is earlier.