1. Agreement and interpretation
These Terms of Service (Terms) form a binding agreement between you and Little Gem Flowers Pty Ltd (we, us or our). We operate the website littlegemflowersau.space and provide florist and floral design services across Melbourne VIC, Australia. By placing an order, requesting a quote, attending a consultation or otherwise using this website, you agree to be bound by these Terms.
In these Terms, goods means fresh flowers, plants, vases and related products supplied by us, and services means floral design, event styling, delivery and related services.
2. Our services
We design and supply fresh flower arrangements, including everyday bouquets, wedding and event florals, corporate and office arrangements, sympathy and funeral flowers, and recurring flower subscriptions. The full list of what we offer is described on our Services page. Any particular requirements you discuss with us form part of your order only once confirmed in writing by email.
3. Quotes and orders
Quotes provided by us are valid for 14 days from the date of issue unless the quote states otherwise. An order is accepted, and a contract formed, only when we confirm your order in writing by email. Where an event or large order is concerned, we may require a deposit at the time of booking to secure your date. We reserve the right to decline any order at our discretion.
It is your responsibility to check that the details in our confirmation email, including delivery date, address, recipient details and design brief, are correct. We are not responsible for orders prepared in accordance with details you supplied incorrectly.
4. Pricing and payment
All prices are quoted in Australian dollars (AUD) and include GST where applicable. Unless otherwise agreed in writing, payment in full is required before goods are delivered or collected. For weddings and events, a deposit may be required at booking, with the balance payable before the event date. Payment methods accepted will be advised at the time of booking. We do not commence preparation of goods or services until payment or deposit has cleared.
5. Delivery and access
We deliver across metropolitan Melbourne VIC. Delivery time windows are estimates only and may vary due to traffic, weather and seasonal demand. You must provide a complete and accurate delivery address and, where relevant, a contact person for the recipient. If nobody is available to accept the delivery and no safe leave instructions have been given, we may leave a card or return with the goods, and a re-delivery fee may apply.
Where goods are left as instructed by you (for example, in a reception, near a front door or with a neighbour), they are left at your risk and we are not responsible for them after delivery.
6. Substitutions and seasonal availability
Fresh flowers are natural products and availability changes with the seasons and with market supply. If a specific bloom is unavailable, we may substitute it with flowers of equal or greater value that match the style, mood and colour palette of your design. Where a substitution is significant and time permits, we will contact you for approval before proceeding.
7. Perishable goods and care
Fresh flowers are perishable. We provide care guidance with every arrangement, which generally includes trimming stems, using fresh clean water and keeping arrangements in a cool position away from direct sunlight, draughts and heat sources. The lifespan of fresh flowers varies by variety and season, and we do not warrant any particular vase life beyond any guarantee that applies under the Australian Consumer Law.
8. Changes, cancellations and refunds
Because flowers are perishable and are often ordered specially for your arrangement, please contact us as early as possible if you need to change or cancel an order. Orders cancelled after goods have been prepared, or within 24 hours of the scheduled delivery, may not be eligible for a refund. For weddings and events, deposits may be non-refundable where flowers and materials have been ordered on your behalf. Requests to change or cancel an order must be made in writing by email to ceo@littlegemflowersau.space.
9. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with our goods, you are entitled to a replacement or refund, and to compensation for reasonably foreseeable loss or damage. For major failures with our services, you are entitled to cancel the contract and obtain a refund for the unperformed portion, and to compensation for reasonably foreseeable loss or damage. For minor failures with goods, we may offer repair or replacement; for minor failures with services, we may re-supply the service or pay you the reasonable cost of having the service re-supplied.
10. Liability
To the extent permitted by law, and except for liability under the Australian Consumer Law, we exclude all implied warranties and conditions, and our aggregate liability to you in connection with any order is limited to the amount you paid us for that order. We are not liable for indirect or consequential loss, including loss of profits or loss of opportunity. You warrant that all information and delivery details you provide to us are accurate and complete.
11. Images and intellectual property
All content on this website, including text, design elements and branding, is owned by or licensed to Little Gem Flowers Pty Ltd and may not be reproduced without our written permission. Photographs of arrangements are representative of our style; because flowers are natural products, the finished arrangement may vary slightly in appearance from the images shown.
12. Privacy
We handle personal information in accordance with our Privacy Policy. Our Privacy Policy forms part of these Terms.
13. Acceptable use of this website
You agree not to misuse this website, including by attempting to gain unauthorised access, scraping content for commercial purposes, introducing malicious code, or using the website in a way that breaches any applicable law. We may suspend or withdraw access to the website at any time without notice.
14. Governing law
These Terms are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.
15. Changes to these Terms
We may update these Terms from time to time. The version published on this page applies to orders placed after that update takes effect. We recommend reviewing this page before each purchase.
16. Contact us about these Terms
Questions, feedback or notices under these Terms can be sent to ceo@littlegemflowersau.space. We aim to respond to written enquiries within one to two business days.