Terms & Conditions

STUDIO ALYSSUM TERMS AND CONDITIONS

1. (a)  By using this website, you agree to be bound by these terms and conditions.

2. (b)  You should review our terms carefully and immediately stop using this website if you do not agree to the terms. For clarity, if you continue to use this website, your conduct will constitute acceptance of the terms.

Orders

1. (a)  You can place an order by making the order on this website or by emailing us at hello@studioalyssum.com.au

2. (b)  We may accept or reject an order, or any variation or modification of an order, in our sole discretion.

Pricing and payment

Pricing

1. (a)  Our pricing will be in accordance with our then current price list which will be notified to you prior to you placing an order.

2. (b)  All price indications or price lists provided by us are subject to alteration without prior notice. For clarity, we will not change the price of any goods after we accept your order.

Payment

For orders other than under Subscription Offerings, the full price must be paid upon our acceptance of your order. 

Failure to pay

If you fail to pay for your order, we will:

1. (a)  not commence processing the order until payment is received; or

2. (b)  not provide you with the goods or arrange delivery until we receive payment.

Payment methods

1. (a)  All payments must be made in cash, via a credit card provider, or by electronic funds transfer to our bank account.

2. (b)  If you pay for any goods via a credit card provider, we reserve the right to charge you a credit card processing fee proportionate to the amount that we incur for processing the relevant payment.

 Returns

1. 4.1  Australian Consumer Law

   1. (a)  Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
      You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

   2. (b)  These terms and conditions will apply only to the extent to which they do not infringe the Australian Consumer Law.

2. 4.2  Flowers

   1. (a)  We do not offer or provide returns or exchanges on our flowers if you change your mind after placing or receiving your order;

   2. (b)  There may be variations to the reference images used on this website for any flowers you may order. Images provided on our website are for illustrative purposes only. We will not accept the return or exchange of any flowers due to any variation between the flowers you receive and reference images on this website; and

   3. (c)  It is important to allow time for your flowers to settle after being transported as shipping can take a toll on our flowers. In this case, if you handle the flowers with care you may restore their condition. We cannot accept the return of any flowers damaged while in transit (to the maximum extent permitted by law). However, we will use reasonable efforts to assist you to contact the delivery service provider in this case.

3. 4.3  Other products

   1. (a)  We will offer a store credit for returns of other products, returned within 7 days of receipt and in new condition, to the maximum amount of the product purchased, excluding delivery fees.

   2. (b)  To return your order, please email hello@studioalyssum.com.au with your order details and reason for return.

   3. (c)  You will be solely responsible for paying the shipping or postal costs for returning your goods unless the item is damaged, defective or incorrectly received, and are responsible for the return of the goods in their original condition, free from defect.

4. 4.4  Damaged goods

   If you believe that the goods may be defective or damaged, please send an image to hello@studioalyssum.com.au and we will come back to you with a response as soon as possible.

 Delivery

1. 6.1  Risk and title

   Risk in and title to the goods passes to you immediately upon the courier loading the goods for delivery at our warehouse. You agree to take full responsibility for any loss or damage which takes place after the courier loads the goods for delivery at our warehouse.

2. 6.2  Third party service

   1. (a)  You expressly acknowledge that the courier is a third-party delivery service. We do not control how they provide their services nor their delivery timeframes. However, we will use reasonable efforts to ensure that goods are delivered within a reasonable period of time.

   2. (b)  We are not responsible for and will not pay for any loss, damages, costs or expenses related to the courier’s delivery services, including (but not limited to):

      1. (i)  any damage caused to the goods once the goods are loaded by the courier at our Premises (including during transport or delivery);

      2. (ii)  any damage caused to your property while the goods are being transported or delivered;

      3. (iii)  if the goods are lost, stolen or misplaced by the courier; or

      4. (iv)  if the courier fails to deliver the goods within a notified or estimated timeframe for delivery.

3. 6.3  Authority to leave unattended

   The courier will have an authority to leave the goods unattended at the delivery location at your sole risk, unless you request otherwise by emailing us at hello@studioalyssum.com.au.

7. 7  Promotions

   If we run any promotions, you may need to separately agree to any applicable terms which regulate those promotions. In the event of a direct inconsistency between the terms which regulate a promotion and these terms, the terms and conditions regulating the promotion will prevail to the extent of that inconsistency.

8. 8  Returns and refunds

1. 8.1  Australian Consumer Law

   1. (a)  Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

   2. (b)  These terms and conditions will apply only to the extent to which they do not infringe the Australian Consumer Law.

2. 8.2  Flowers

   As flowers are a natural product:

1. (a)  we do not offer or provide returns or exchanges on these items if you change your mind after placing or receiving your order;

2. (b)  there may be variations to the reference images used on this website for any flowers you may order. Images provided on our website are for illustrative purposes only. We will not accept the return or exchange of any flowers due to any variation between the flowers you receive and reference images on this website; and

3. (c)  it is important to allow time for your flowers to settle after being transported as shipping can take a toll on our flowers. In this case, if you handle the flowers with care you may restore their condition. We cannot accept the return of any flowers damaged while in transit (to the maximum extent permitted by law). However, we will use reasonable efforts to assist you to contact the delivery service provider in this case.

3. 8.3  Incorrect items

   If you have received an item in error, please email us at hello@studioalyssum.com.au so that we can resolve the error for you as soon as possible.

4. 8.4  Damaged goods

   If you believe that the goods may be defective or damaged, please send an image to hello@studioalyssum.com.au and we will come back to you with a response as soon as possible.

5. 8.5  How to return an item

   1. (a)  If we agree in writing to a return of goods, you must:

      1. (i)  post the goods to our warehouse in their original condition, in their original packaging and with all tags attached; and

      2. (ii)  email us your receipt or proof of purchase, along with the return postage tracking number. If goods are posted to us without a tracking number, we will not issue a refund or send an exchange until the returned goods arrive at our warehouse.

   2. (b)  You will be solely responsible for paying the shipping or postal costs for returning your goods unless the item is damaged, defective or incorrectly received.

9 Limitation of liability

1. 9.1  Access and accuracy of information

   To the maximum extent permitted by law, including the Australian Consumer Law, we make no representations or warranties in relation to this website or any content contained herein, including (without limitation) representations or warranties that the website and its content will be:

   1. (a)  complete, accurate or up-to-date;

   2. (b)  able to be accessed without interruption; or

   3. (c)  free from:

      1. (i)  technical, typographical or photographic errors; or

      2. (ii)  cyber security risks.

2. 9.2  Limitations

(a) To the maximum extent permitted by law, including the Australian Consumer Law, we will not be liable to you in relation to:

1. (i)  any direct or indirect loss (including consequential loss), damage or expense, irrespective of the manner in which that loss, damage or expense occurs, that you may suffer or incur in connection with these terms, the goods, or your inability to use or access this website; and

2. (ii)  any interference, damage or harm to your computer (or related infrastructure) which occurs in connection with your use of this website (or any linked website).

(b) You must take appropriate precautions to ensure that you use this website in a safe manner, including by screening all content of this website for cyber security threats.

10. 10  Links

    We do not accept responsibility for external materials linked to or otherwise accessible through this website. We do not review third party sites nor do we control their content. Any links provided to you on this website are merely done for your convenience. These links are not an endorsement of any aspect of the linked website (including any goods or services provided therein).

11. 11  Intellectual property

11.1 Acknowledgment

11. 2

You acknowledge and agree that:

1. (a)  this website is owned by us;

2. (b)  the information and material published on this website is subject to Australian intellectual property laws. By accessing this website, you agree to abide by all copyright notices and other restrictions provided in connection with the website and in any associated content; and

3. (c)  we own all of the intellectual property rights arising from or in connection with this website (including its content and any updates or modifications of same) and the goods (unless those intellectual property rights are owned by third party parties).

Restrictions

Unless we expressly agree otherwise in writing (and except as permitted by law):

1. (a)  nothing in this website may be construed as directly or indirectly granting any license or other right in connection with any information contained within this website, other than as expressly set out in these terms;

2. (b)  we do not grant or transfer to you any title, interest or rights in connection with this website or any content contained herein. However, we do hereby grant you a single, non-transferable, non-exclusive and revocable license to access this website and view the content contained herein in accordance with the terms;

3. (c)  you must not modify, copy, adapt, reproduce, distribute, transfer, transmit, display any aspect of this website as your own, upload to a third party platform, publish, transmit or otherwise distribute the content of this website in any way;

4. (d)  you must not reverse engineer, exploit to your advantage, reproduce, republish, license, create derivative works from, or sell any content contained on this website;

12. 1

5. (e)  you must not use this website or any of the content contained herein to generate any revenue (including advertising revenue); and

6. (f)  you may not use any material on this website for your personal or a related parties benefit or advantage, unless such benefit or advantage is derived directly from the appropriate use and enjoyment of any goods purchased on this website.

General

Miscellaneous

1. (a)  The laws of the state of New South Wales in the Commonwealth of Australia govern this agreement. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts in the state of New South Wales.

2. (b)  The Terms contain the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this agreement and has no further effect.

3. (c)  Both parties represent and warrant that they have the power to enter into these terms and have obtained all necessary authorisations to allow them to do so.

4. (d)  No failure or delay by either party in exercising any right, power or privilege under these terms will impair the same or operate as a waiver of the same nor will any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege.

5. (e)  Any provision of these terms which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make the terms enforceable, unless this would materially change the intended effect of the terms.

Assignment

1. (a)  You may not assign or otherwise transfer any or all of your rights and obligations under the terms without our prior written consent.

2. (b)  We may assign, transfer or novate any or all of our rights and obligations under the terms without receiving your prior written consent

Amendments

1. (a)  You acknowledge and agree that we may amend the terms from time to time by notifying you in writing. These changes will be deemed to take effect on and from the earlier of the following to occur:

   1. (i)  the date on which you accept such changes;

   2. (ii)  at such time as you make a further request for us to provide goods to you; or

   3. (iii)  in the case of Subscription Offerings, after a period of seven calendar days after we notified you of the amendments, provided that you have not objected to such changes in writing prior.

2. (b)  It is important that you regularly check the terms for any updates or amendments which may occur from time to time.

12. 2

13 Definitions

In these terms, unless the context otherwise requires, the following words and phrases have the following meanings:

1. (a)  “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and its associated regulations as amended;

2. (b)  “courier” means a third-party courier on our preferred supplier list at the relevant time;

3. (c)  “flowers” means any plant and flower products supplied by us in connection with the terms;

4. (d)  “goods” means any goods to be made, processed or supplied by us in connection with these terms, including homewares and flowers. For the avoidance of doubt, goods includes an individual good;

5. (e)  “homewares” means any homewares to be made, manufactured, processed or supplied by us in connection with the terms;

6. (f)  “order” means an order for goods made in accordance with these terms. For the avoidance of doubt, an order is an offer made by you to us, and it includes orders made under a Subscription Offering;

7. (g)  “Subscription Offering” means a recurring order at regular intervals for goods;

8. (h)  “warehouse” means the warehouse located at 11968 Riverina Highway Savernake

9. (j)  “you” or “your” means any person or entity purchasing the goods or a party to these terms.