Website terms and conditions of trade of Waimarie Florist Limited, trading as Bays Flowers
These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Waimarie Florist Limited (“Bays Flowers”) and apply to the ordering, purchase, fulfilment and delivery of goods and/or services (“Goods”) from www.baysflowers.co.nz. By placing an order for Goods from Bays Flowers you agree to these Terms and Conditions.
For the purposes of section 28B of the Fair Trading Act 1986, Bays Flowers is a “person in trade”.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.
In these Terms and Conditions:
“Additional Delivery Charge” has the meaning given in Section 3.4;
“Delivery Charge” has the meaning given in Section 3.3;
“Order” means an order for Goods, placed on the Website;
“Recipient” means the recipient of an order of Goods place by you, other than you
“Website” means www.baysflowers.co.nz.
“Working Day” means any day other than Saturday, Sunday or public holiday in New Zealand.
2. Your legal rights
Your purchase of Goods will be subject to certain laws including, without limitation, the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Consumer Guarantees Act) which cannot by law be excluded, restricted or modified.
3. Pricing & taxes
3.1 Prices for Goods are as shown on the Website.
3.2 Bays Flowers reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by Bays Flowers.
3.3 In addition to the price for the Goods, you will also need to pay the advertised Delivery Charge (if any). Any Delivery Charge will appear in your shopping cart.
3.4 In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live or the Recipient lives in an area outside of the usual range of our chosen delivery agent (“Additional Delivery Charge”). Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you believe that you or the Recipient might live in such an area, you can email Customer Service via www.baysflowers.co.nz/contact for more information.
3.5 By placing an Order you agree to pay the price for the Goods, any Delivery Charge and any Additional Delivery Charge.
3.6 All prices and Delivery Charges and Additional Delivery Charges quoted are in New Zealand dollars and are inclusive of GST.
4.1 You can place an Order by following the instructions on the Website.
4.2 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge. Bays Flowers may accept or reject your offer in its absolute discretion. The availability of certain Goods may be dependent on whether or not certain flowers or other plants used by us are in season or available at the time of placement of your Order.
4.3 Each Order that you place will, if accepted by Bays Flowers, be a separate and binding agreement between you and Bays Flowers with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
4.4 Please ensure that you enter all information carefully when placing an Order. You warrant to Bays Flowers that all information provided by you in relation to each Order is complete, true and accurate.
4.5 Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Bays Flowers. Bays Flowers will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
4.6 Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act and the Fair Trading Act), Bays Flowers will not be liable to you, the Recipient or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Bays Flowers, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
4.7 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge if applicable) will apply to each Order. Bays Flowers cannot consolidate separate Orders into one delivery.
4.8 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: in order to ensure that you or the Recipient receive each of the Goods as promptly as possible; or where the Goods are of different types.
4.9 You acknowledge that if you have purchased any Goods for business purposes (in terms of section 2 and/or section 43 of the Consumer Guarantees Act 1993), that the provisions of the Consumer Guarantees Act 1993 shall not apply to the supply of those Goods by Bays Flowers to you.
4.10 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.
4.11 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
4.12 Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act and the Fair Trading Act), Bays Flowers will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 4.11 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
5. After you have submitted an order / payment
5.1 If Bays Flowers is unable to fulfil your Order we will contact you cancelling your Order as soon as practicable, and will refund any payment received by Bays Flowers for the Order.
5.2 When Bays Flowers accepts an Order it represents an agreement by Bays Flowers to supply the Goods to you or the Recipient in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.
5.3 You must pay for Goods by credit card (Visa or Mastercard), or debit card. The name on the credit card/debit card must match the name on the Order. By providing your credit card/payment card you authorise Bays Flowers to deduct the price and the applicable delivery charge(s) from such card.
5.4 Bays Flowers reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
5.5 Bays Flowers may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, your Order will be placed on hold and Bays Flowers will contact you to ask you to provide additional information (for example, proof of identity documents) or arrange payment by another method. If you are unable to comply with Bays Flowers’s requests within the timescale specified, Bays Flowers may cancel your Order.
5.6 Goods that you have ordered will not be dispatched to you or the Recipient until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
6. Cancellation of orders
6.1 Bays Flowers reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Bays Flowers may do this for example, but without limitation, where:
(a) Bays Flowers’ suppliers are unable to supply Goods that they have previously promised to supply;
(b) an event beyond Bays Flowers’ control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Bays Flowers is unable to supply the Goods within a reasonable time;
(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
(d) you ask Bays Flowers to cancel your Order in accordance with section 4.5; or
(e) in the circumstances set out in section 5.8.
6.2 You may cancel your Order where Bays Flowers:
(a) has breached a material term of this Agreement;
(b) is not able to deliver your Order within a reasonable time of the estimated delivery time advertised on the Website or as set out in these Terms and Conditions, other than a result of any delay: (i) for which you or the Recipient are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; (ii) which was outside Bays Flowers’s control including the situations set out in Sections 6.1(a) and (b) above;
6.3 In the unlikely event of Bays Flowers or you cancelling your Order after payment has been processed, Bays Flowers will refund any money paid in respect of that Order. Section 10 of these Terms and Conditions sets out further information about refunds.
6.4 Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act and the Fair Trading Act) or as expressly set out in these terms and conditions, Bays Flowers will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
7. Availability of goods
7.1 As Bays Flowers is dependent upon its Suppliers to provide stock, Bays Flowers cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Bays Flowers reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act and the Fair Trading Act), Bays Flowers will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8.1 Once Bays Flowers has confirmed acceptance of your Order, Bays Flowers will endeavour to dispatch your Order on the same day (provided that your Order has been placed before the “same day delivery” time specified on our website on a Working Day). If your Order is not placed prior to the “same day delivery” time specified on our website, Bays Flowers will endeavour to dispatch your Order the next Working Day, but at the latest within three (3) Working Days unless a different time frame is specified in relation to any particular Goods. If Bays Flowers is unable to dispatch your order within the timeframe specified, Bays Flowers will endeavour to contact you and advise you of the expected date for dispatch.
8.2 You may specify delivery instructions for any order (for example, you may authorise the delivery agent to leave the Goods in a specified location if you or the Recipient will not be at the delivery address). Bays Flowers will not be responsible for any Order that is delivered in accordance with your delivery instructions.
8.3 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
8.4 Goods will only be delivered to addresses within New Zealand.
8.5 Bays Flowers may, in its absolute discretion, agree to accept Orders for delivery outside New Zealand but is under no obligation to do so.
8.6 Following dispatch of your Goods, Bays Flowers will email you with confirmation of dispatch and an invoice for your Order.
8.7 If you or the Recipient are not available to take delivery of the Goods, the Goods will be left in a safe place at the delivery address, and a calling card will be left at the address. If, in the reasonable opinion of our delivery personnel, there is not a safe place to leave the Goods, then the Goods will be returned to Bays Flowers, and we will contact you to organise re-delivery.
8.8 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address Bays Flowers may charge you a reasonable fee for doing this.
9. Refunds of your money
9.1 Where Bays Flowers is obliged to refund your payment pursuant to these Terms and Conditions, Bays Flowers aims to initiate your refund within 3-5 Working Days. The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
9.2 Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act and the Fair Trading Act), Bays Flowers will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
10. Returns / faulty or damaged goods
10.1 You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact Bays Flowers within 24 hours of delivery to arrange for an exchange.
10.2 When returning Goods:
(a) please ensure that they are in their original packaging or wrapping, and in a condition suitable for re-sale by Bays Flowers;
(b) Bays Flowers may, in its sole discretion, levy a restocking fee (of up to 15% of the invoiced price) in Bays Flowers’s sole discretion. Bays Flowers shall not be obliged to accept the return of any Goods, until such restocking fee has been paid by you.
10.3 You are not entitled to any refund or exchange just because any packaging is damaged in transit.
10.4 Any returned Goods will be paid solely at Bays Flowers’s discretion, and will be made in the form of the original payment method used to pay for the Goods by you. Bays Flowers may, in its sole discretion, deduct a restocking fee from the amount of any refund owing to you.
11. More information about Bays Flowers’ liability to you
11.1 To the full extent permitted at law, Bays Flowers is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect or consequential loss arising in connection with any Order.
13.1 Bays Flowers reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.
13.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
13.3 These Terms and Conditions are governed by the laws of New Zealand.