TERMS

terms

Cookies, Website Terms and conditions of Use, Confidentiality, Privacy Policy and all the legal stuff

TERMS & CONDITIONS · ALL THE DEETS

1. About the Website

1.1. Welcome to www.daisyandpearl.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').

1.2. The Website is operated by Daisy & Pearl . Access to and use of the Website, or any of its associated Products or Services, is provided by Daisy & Pearl. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

1.3. Daisy & Pearl reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Daisy & Pearl updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website & placing your order or submitting a contact form. 

3. Registration to use the Purchase Services

3.1. In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including: (a) Email address (b) Preferred username (c) Telephone number (d) Password

3.2. You warrant that any information you give to Daisy & Pearl in the course of completing the registration process will always be accurate, correct and up to date.

3.3. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

3.4. You may not use the Purchase Services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with Daisy & Pearl; or (b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4. Your obligations as a Member

4.1. As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by: (a) the Terms; (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; (c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services; (d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Daisy & Pearl of any unauthorised use of your password or email address or any breach of security of which you have become aware; (e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Daisy & Pearl providing the Purchase Services; (f) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; (g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Daisy & Pearl for any illegal or unauthorised use of the Website; and (h) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

5. Purchase of Products and Returns Policy

5.1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').

5.2. Payment of the Purchase Price may be made through PayPal & Square Up (the 'Payment Gateway Provider') In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

5.3. Following payment of the Purchase Price being confirmed by Daisy & Pearl, you will be issued with a order confirmation to confirm that the payment has been received and Daisy & Pearl may record your purchase details for future use.

5.4. Daisy & Pearl may, at their sole discretion, provide a refund on the return of the Products within 24 hours where the Product remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

6. Warranty (to learn more head to our Refund Page)

6.1. Daisy & Pearl's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').

6.2. You may make a claim under this clause (the ' Warranty Claim ') for material defects and workmanship in the Products within 24 hours from the date of purchase (the ' Warranty Period').

6.3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Daisy & Pearl showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Daisy & Pearl by filling out this from or contacting us directly in reply to your confirmation email.

6.4. Where the Warranty Claim is accepted then Daisy & Pearl will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

 

6.5. The Warranty shall be the sole and exclusive warranty granted by Daisy & Pearl and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

6.6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

6.7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

7. Copyright and Intellectual Property

7.1. The Website, the Purchase Services and all of the related products of Daisy & Pearl are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Daisy & Pearl or its contributors.

7.2. Daisy & Pearl retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you: (a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Daisy & Pearl; or (b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or (c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

7.3. You may not, without the prior written permission of Daisy & Pearl and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for reuse or are in the public domain.

8. Privacy Policy

Daisy & Pearl takes your privacy seriously and any information provided through your use of the Application and/or the Purchase. We are committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au

8.1. What type of information do you collect?

We receive, collect and store any information you enter on our website or provide to us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information - not accessible by us), comments, feedback, product reviews, recommendations, and personal profile. And from third parties. We don’t guarantee website links or policy of authorised third parties. Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.

8.2. How do you collect information?

When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address. Your personal information will be used for the specific reasons stated above only.

8.3.Why do you collect such personal information?

We collect such Non-personal and Personal Information for the following purposes:

  • To provide and operate the Services;

  • To provide our Users with ongoing customer assistance and technical support;

  • To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;

  • To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services; 

  • To comply with any applicable laws and regulations.

8.4.How do you store, use, share and disclose your site visitors' personal information?

Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall. All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. Sensitive information will be used by us only: For the primary purpose for which it was obtained; For a secondary purpose that is directly related to the primary purpose; With your consent; or where required or authorised by law.

8.5.How do you communicate with your site visitors?

We may contact you to notify you regarding your order, to troubleshoot problems with your order, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email, telephone & text messages.

8.6.How do you use cookies and other tracking tools?

We use cookies to To provide and operate the Services; To provide our Users with general or personalized service-related notices and promotional messages; the ability to view our instagram feed; To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we may use to provide and improve our respective services; We encourage you to look at https://www.allaboutcookies.org/ to fully understand how cookies are used.

8.7.Privacy policy updates

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. 

9. General Disclaimer

9.1. You acknowledge that Daisy & Pearl does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

9.2. Daisy & Pearl will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

9.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

9.4. Subject to this clause, and to the extent permitted by law: (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and (b) Daisy & Pearl will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

9.5. Use of the Website, the Purchase Services, and any of the products of Daisy & Pearl is at your own risk. Everything on the Website, the Purchase Services, and the Products of Daisy & Pearl, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Daisy & Pearl make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Daisy & Pearl) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; (b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website); (c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products; (d) the Content or operation in respect to links which are provided for the User's convenience; (e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or (f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

10. Limitation of Liability

10.1. Daisy & Pearl's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Daisy & Pearl is the resupply of information or Purchase Services to you.

10.2. You expressly understand and agree that Daisy & Pearl, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

10.3. Daisy & Pearl is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Daisy & Pearl, by third parties or by any of the Purchase Services offered by Daisy & Pearl.

11. Termination of Contract

11.1. The Terms will continue to apply until terminated by either you or by Daisy & Pearl as set out below.

11.2. If you want to terminate the Terms, you may do so by: Your notice should be sent, in writing, to Daisy & Pearl via the 'Contact Us' link on our homepage. (a) notifying Daisy & Pearl at any time; and (b) closing your accounts for all of the Purchase Services which you use, where Daisy & Pearl has made this option available to you.

11.3. Daisy & Pearl may at any time, terminate the Terms with you if: (a) you have breached any provision of the Terms or intend to breach any provision; (b) Daisy & Pearl is required to do so by law; (c) the partner with whom Daisy & Pearl offered the Purchase Services to you has terminated its relationship with Daisy & Pearl or ceased to offer the Purchase Services to you; (d) Daisy & Pearl is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or (e) the provision of the Purchase Services to you by Daisy & Pearl is, in the opinion of Daisy & Pearl, no longer commercially viable.

11.4. Subject to local applicable laws, Daisy & Pearl reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Daisy & Pearl's name or reputation or violates the rights of those of another party.

11.5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Daisy & Pearl have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

12. Indemnity

12.1. You agree to indemnify Daisy & Pearl, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website; (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or (c) any breach of the Terms.

13. Dispute Resolution

13.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

13.2. Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

13.3. Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must: (a) Within 24 hours

of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree; (b) If for any reason whatsoever, 5 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator or his or her nominee; (c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; 

14. Venue and Jurisdiction The Purchase

Services offered by Daisy & Pearl is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

15. Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

16. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

 
WHAT WE DO

FLOWERS

WE LOVE CREATING FLORALS FOR ANY EVENT BIG OR SMALL. FROM WEDDINGS TO BABY SHOWERS. WRAPPED POSIES TO LARGE HAT BOX ARRANGEMENTS
WHERE WE DO IT

GOLD COAST

WE DELIVER FLOWERS TO THE TWEED COAST AND SELECTED GOLD COAST SUBURBS FROM KINGSCLIFF TO ROBINA INCLUDING ELANORA, COOLANGATTA +
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