Terms & Conditions

Welcome to our online store! Ngenious Floriade and its associates provide our services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.

Our Terms & Conditions
•    1. All prices shown are in Australian dollars.
•    2. Prices do not include the delivery fee.
•    3. The delivery fee is based and calculated on the location of the delivery address.
•    4. All prices include GST.
•    5. Each product pictured is representative of the standard price. The premium price indicates an increase in size and/or flower quantity and container value.
•    6. All designs illustrated are a guide to the type and style of flowers, gourmet foods and gifts that will be delivered. Flowers, gourmet foods, containers, gifts and accessories may vary according to season and availability, or when they do not meet with our quality standards. In some cases, products of the equivalent value and quality may be substituted in order to fulfil the requirements of the order selected.

DELIVERY
Here at Ngenious Floriade, we aim to provide you with the best customer service experience and in doing so we use only the most reputable couriers to deliver our floral arrangements.
In order to make the delivery process run smoothly please ensure that the recipient or someone else will be at the delivery address at the time of delivery to receive the order.

Please be sure to check the delivery address details thoroughly and provide any special delivery instructions before submitting your order. Ngenious Floriade is not responsible if an incorrect delivery address is supplied and an additional delivery charge may apply in order to re-direct the delivery.

We suggest that the best delivery address is a business address or somewhere were you know there will be someone to receive the delivery. It is not our policy to have the couriers leave arrangements at the doorstep unless it is at the customers request and their own risk. We do not assume any responsibility for orders which are instructed to be left and consequently damaged or stolen.

In the event where the couriers have attempted delivery at the given address and no one is there to receive it, a redelivery fee will apply for the second and any other subsequent attempts at delivery. The redelivery fee will be charged at the full amount as per the original delivery fee unless the order is redirected to another address in which case the redelivery fee may vary. We will notify the customer of any failed delivery attempts and the customer will also be advised of any additional charges that will be made to their credit card for redelivery fees prior to the charges being debited.

OUR DELIVERY POLICY
Ngenious Floriade will deliver flowers and gifts to virtually anywhere in Australia and almost anywhere in the world, where fresh flowers are available, and as such, our delivery service is subject to local conditions. Delivery is usually available within 24 hours, but occasionally may take longer depending on time zones and local conditions.
• Some areas in some countries (including Australia) are classified as restricted delivery areas. Deliveries to these locations may take up to 48 hours.
• Delivery within Australia is not guaranteed on Public Holidays, Saturday afternoons or Sundays.
• Same day delivery within Australia from Monday to Friday is possible as long as the order is placed before 11am AEST.
• Same day delivery within Australia on Saturdays is possible as long as the order is placed before 10am AEST.
• If your delivery is urgent please call Ngenious Floriade on 03 9426 6124 for advice on delivery availability.
For more specific conditions on your delivery, refer to the information below:

PRIVACY
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

ELECTRONIC COMMUNICATIONS
When you visit Ngenious Floriade or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Ngenious Floriade or its content suppliers including Interflora Australian Unit Ltd and protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of Ngenious Floriade, with copyright authorship for this collection by Ngenious Floriade, and protected by Australian and international copyright laws.

TRADEMARKS
Ngenious Floriade’s trademarks and trade dress may not be used in connection with any product or service that is not Ngenious Floriade’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ngenious Floriade. All other trademarks not owned by Ngenious Floriade or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ngenious Floriade or its subsidiaries.

LICENSE AND SITE ACCESS
Ngenious Floriade grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Ngenious Floriade. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Ngenious Floriade. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ngenious Floriade and our associates without express written consent. You may not use any meta tags or any other “:hidden text”: utilizing Ngenious Floriades name or trademarks without the express written consent of Ngenious Floriade. Any unauthorized use terminates the permission or license granted by Ngenious Floriade. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Ngenious Floriade so long as the link does not portray Ngenious Floriade, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Ngenious Floriade logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Ngenious Floriade and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

PRODUCT DESCRIPTIONS
Ngenious Floriade and its associates attempt to be as accurate as possible. However, Ngenious Floriade does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Ngenious Floriade itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Ngenious Floriade ON AN “: AS IS”: AND “: AS AVAILABLE”: BASIS. Ngenious Floriade MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Ngenious Floriade DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Ngenious Floriade DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Ngenious Floriade ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Ngenious Floriade WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW
By visiting Ngenious Floriade, you agree that the State & Australian laws, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Ngenious Floriade or its associates.

QUESTIONS:
Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the “Contact Us” link in the top menu. Or you can email us at: jenny@ngenious.com.au