TERMS OF USE
Welcome to www.florentia.com.au (the Website). The Website is owned and operated by Florentia Pty Ltd, (referred to below as Florentia, we and us).
The use of this Website is subject to the following Website Terms, our Online Shopping Terms our Privacy Policy (further down this page) and any additional terms and conditions and notices displayed by us on this Website from time to time (together "Terms of Use"). In the Terms of Use, "you" and "your" are references to the person accessing or using this Website.
Definitions of words and phrases used in the Terms of Use are set out at the end of this document.
WEBSITE TERMS
1. Acceptance of Terms of Use
1.1 The Terms of Use govern your access to and use of the Website, including any information, content or materials that are located on, form part of or are available through or in connection with the Website (Website Material).
1.2 By browsing, accessing or using the Website or by using any facilities or services made available through it or by transacting through or on it, you acknowledge and warrant that you have read, understood and agree to be bound by the Terms of Use and any additional terms and conditions notified to you from time to time. The Terms of Use form a legally binding agreement between Florentia and you. If you do not agree to the Terms of Use, you must leave the Website and not access or use it again.
2. Website Material
2.1 The Website Material is derived from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time. Except as required by law, we give no express or implied warranties or guarantees, and make no representations, in relation to the Website Material. In particular, while care has been taken in creating this Website, Florentia does not warrant or represent that:
2.1.1 the Website Material is accurate, complete, up to date or suitable for any purpose; or
2.1.2 the Website itself is free from any computer viruses or other defects
3. Suspension of Service
3.1 No representation or warranty of availability. Florentia does not represent or warrant that your access to the Website will be continuous or uninterrupted.
3.2 Suspension of service:
3.2.1 Florentia may from time to time suspend operation of the Website.
3.2.2 Where possible, Florentia will place a notice in advance on its Website of the time and duration of any interruption to or suspension of the Website. Florentia does not represent or warrant that it will do so on every occasion, on any particular occasion or any occasion at all.
4. Your responsibilities
4.1 When using this Website, you must not:
4.1.1 infringe any intellectual property right (including copyright, database right or trade mark right) or the privacy of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;
4.1.2 reproduce any Website IP (as defined under heading 6 below) without our express written permission, which we may grant or withhold at our absolute discretion;
4.1.3 seek reimbursement from any other person for access to the Website or on-sell any information obtained from the Website;
4.1.4 engage in any conduct which is likely to mislead or deceive us or any other person, impersonate any other person while using the Website, conduct yourself in an offensive manner while using the Website, or use the Website for any illegal, immoral or harmful purpose;
4.1.5 submit, post, upload, email or otherwise send or transmit to the Website, or any user of the Website, anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to the Website; or
4.1.6 interfere with the Website or the servers or networks underlying or connected to the Website or violate any of the procedures, policies or regulations of the Website or any networks connected to the Website.
4.2 You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Website, including any breach by you of the Terms of Use.
5. Security
We use our reasonable endeavours to minimise viruses and bugs from infiltrating the Website, however, due to the nature of the internet, the Website may be affected by viruses or bugs from time to time. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website or any linked website.
6. Intellectual Property
6.1 The entire contents and design subsisting in, relating to or arising out of the Website and available through or in connection with the Website including but not limited to copyright, logos, trade marks, designs, text, graphics, images, information, recipes, applications and other files, and their selection and arrangement (the Website IP) are the intellectual property of us, our content providers or our licensors, with all rights reserved.
6.2 You must not, without our express written permission, do anything, or omit to do anything, which may infringe the intellectual property rights in the Website IP. This includes reproducing any part of the Website or Website IP other than for the purposes and subject to the conditions prescribed under the Copyright Act, or as otherwise provided in the Terms of Use.
6.3 Unless we agree otherwise in writing, you are provided with access to this Website only for your personal, non-commercial use. You are authorised to:
6.3.1 print a copy of any information contained on this Website for your personal use; and
6.3.2 store a copy of the Website Materials on your computer for the sole purpose of viewing the Website Materials, provided that you keep all copyright or other proprietary notices intact.
7. Acceptance of risk and release from liability
7.1 Subject to clause 7.2, you are wholly responsible for your use of the Website and you use the Website at your own risk. To the maximum extent permitted by law, we exclude all implied representations and warranties which might apply in relation to your use of the Website.
7.2 You may have rights under the Australian Consumer Law in respect of any goods or services supplied to you under or through the Website. If so, our liability to you is limited to, at our election:
7.2.1 in the case of goods supplied to you by us, replacement of the goods or supply of equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods or paying the cost of having the goods repaired; or
7.2.2 in the case of services supplied or offered by us, the supply of the services again or paying the cost of having the services supplied again.
7.3 Otherwise, to the maximum extent permitted by law, neither Florentia nor any of its officers, directors, employees, contractors, agents, information providers, suppliers, associated entities or clients will be liable for any loss, damage, cost or expense (including consequential loss or damage) to any person or entity, however caused (whether by negligence or otherwise), which may arise directly or indirectly in respect of any error, omission or misrepresentation in any Website Material or otherwise as a result of or in connection with the use of this Website or any Website Material.
8. Links to other websites
The Website may contain links to third party sites. Access to any other internet site linked to the Website is at your own risk and we accept no responsibility for the accuracy or reliability of any information, data, opinions, advice or statements made in any third party sites. Linked websites are responsible for their own terms and conditions of use.
9. Applicable law
9.1 The content, operation and interpretation of this Website and the Terms of Use will be governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales in the event of a dispute arising out of, or in connection with, this Website.
9.2 This Website may be accessed in Australia and overseas. Florentia makes no representation that the content provided by this Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.
10. Changes to Terms of Use
We may change the Terms of Use at any time. If we do so, an amended version will be posted on the Website. Your continued use of the Website after any changes are made to the Terms of Use will be deemed to constitute your acceptance of those changes. If you object to any changes, you must discontinue your use of the Website. You are responsible for keeping up to date with any changes by regularly reviewing the Terms of Use.
11. Contacting us
We welcome any suggestions and comments you may have about your experience at Florentia. Please also contact us if you have any questions about our Terms of Use or any queries or concerns about this Website.
Email info@florentia.com.au
Telephone (02) 9637 5076 (for callers within Australia)
+61 2 9637 5076 (for callers outside Australia)
Post Florentia
Unit 18, 19 McCauley Street,
Matraville NSW 2036
Sydney, Australia
ONLINE SHOPPING TERMS
These Online Shopping Terms contain important information about the ordering, purchase and delivery of goods sold online by Florentia to consumers, including limitations of liability.
Please contact us (details above) if you have any queries about these terms.
1. General
1.1 These Online Shopping Terms apply to the sale of goods by Florentia to you on the Website. You will be bound by the Online Shopping Terms when you submit an order through the Website.
1.2 Your rights under the Online Shopping Terms are in addition to, and do not in any way limit, your rights under the Australian Consumer Law which may not be lawfully excluded. All other terms, conditions, guarantees and liabilities which are not expressly included in these Online Shopping Terms are excluded.
2. Placing orders
2.1 Orders placed through the Website are an offer by you to purchase the relevant item/s for the price specified on the Website (plus GST and any Delivery Fee) at the time the order is placed.
2.2 Each order placed is a separate contract between you and Florentia for the supply of items under these Online Shopping Terms.
2.3 We reserve the right to accept or reject orders placed with us. If we reject an order, we will let you know why within 5 business days and refund any money that you have paid us.
2.4 Although we make every effort to keep sufficient stock of items listed on the Website, occasionally we encounter unforeseen supply problems or sell out of certain products due to unexpected demand. If we are out of stock of an item that you have ordered, you will be notified by email. Refunds for out of stock items will be processed as quickly as possible, but may take up to seven business days.
2.5 If we accept an order, that constitutes an agreement by us to supply the items in accordance with these Online Shopping Terms.
2.6 Where you place separate orders with us, these cannot combined into one.
2.7 Sale items are only available at the sale price during the relevant sale period.
2.8 Pre-orders. Pre-orders are charged at the time of order and are shipped as close to the date provided as possible. If you order other items at the same time as your pre-order your other items will still be shipped immediately and your pre-order will be shipped separately once your item is in stock.
Please keep in mind the provided shipping date is an estimate. We will contact you and let you know if the shipping date has been delayed.
If you change your mind about a pre-order please notify Customer Service and we will arrange a store credit for you.
If for any reason we are unable to fulfil your pre-order we will provide you with a full refund and you will be notified via email.
2.9 Errors in ordering. If you made a mistake with your order, please contact Customer Service no more than 30 minutes after your order was placed by calling (02) 9637 5076 (for callers within Australia) or +61 2 9637 5076 (for callers outside Australia) between 9am and 5pm Monday to Friday AEST. If your order was placed outside of business hours, please contact us by 9.30am on the following business day. We will do our best to update your order before the items are shipped, but we cannot guarantee that this will be possible.
2.10 Item descriptions and specifications. You acknowledge and agree that:
(a) computer resolutions and monitors may render colours differently to how they appear in real life;
(b) you will check that the description and specification of items is suitable for your needs before submitting any order; and
(c) any accessories featured with items shown on the Website are for illustrative purposes only unless stated otherwise.
2.11 Website errors. We reserve the right not to honour incorrect offers on the Website that result from genuine human or system errors (including where an item's description, price or image is inaccurate).
2.12 We take all reasonable steps to verify that the orders placed and payment details provided are legitimate. As such we have the right to cancel and refund your order if you do not fulfil the requirements of our online credit card verification. In such scenarios we will notify you via email or phone using the details you have provided.
3. Terms of payment
3.1 Prices
All prices are correct at the time of their online publication, but are subject to change without notice.
All prices listed on this site are in Australian dollars (and where applicable include GST), and charged to your credit card in Australian dollars. The bank that has issued your credit card determines the exact exchange rate at the time of purchase. To get an estimate of the current rate visit XE.com - Foreign Exchange Rate Calculator
Pricing on this website may differ from prices available elsewhere.
3.2 Terms of Payment
Items must be paid for at the time of sale or they will not be shipped.
We accept Visa, MasterCard credit card payments. We do not accept personal cheques, money orders or direct bank transfers. Your account is charged once you click Submit Payment at the checkout. Only one credit card can be used for each order.
3.3 Store Credit
- To use a store credit online, sign into your Florentia account; you will see your store credit when viewing ‘Your Account’ page. Upon checking out, the store credit be available to use against your purchase. If you do not use the entire store credit, the balance will go back into your Florentia account to be used on future purchases.
- Store credit may be used on the Florentia website to purchase products available for sale for AUD customers only.
- Store credit cannot be transferred to another person or account.
- Store Credit may be used to purchase gift cards to our store. Any purchase amounts that exceed the value of the Store Credit will require an additional method of payment for the remaining balance due.
- Store credit is provided in AUD dollars
- Your use of the Store Credit constitutes your agreement to our Terms of use.
- To view your Store Credit Balance, log into your Florentia account. Your Store Credit balance will be displayed on the ‘Your Account’ page.
3.4 Verification
We take all reasonable steps to verify that the orders placed and payment details provided are legitimate. As such we have the right to cancel and refund your order if you do not fulfil the requirements of our online credit card verification. In such scenarios we will notify you via email or phone using the details you have provided.
4. Shipping
4.1 Australian domestic orders
4.1.1 Shipping times. Shipping times for domestic orders depend on the method of delivery selected as follows:
(a) Standard shipping: Standard orders are charged at by cubic weight. Shipping times vary from 3-9 business days depending on your location. For more information please refer to our Shipping & Returns page or to track an order you have already placed with us call 02 9637 5076 or email info@florentia.com.au
Shipping times are also subject to clause 4.3 and 4.4 below.
4.1.2 General delivery information:
- We aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of your Order, but we cannot guarantee any firm delivery dates.
- We will try to let you know if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
- Deliveries sent via courier by default will require a signature upon delivery and therefore unable to be delivered to PO Boxes.
- If you are having your parcel delivered to a business address, please give all relevant details such as business name, level and/or suite number.
- Orders are delivered between 8am and 6pm Monday to Friday (excluding public holidays). Deliveries are not available on weekends.
- After your payment is authorised and verified, it can still take up to two days to process your order. This doesn't include weekends or holidays.
- In the event that an item in your order is unavailable, the processing time may vary.
- You will receive a shipping confirmation email with your consignment (tracking) number once your order is ready for shipping. If you have any queries about your delivery after the item has been shipped, please contact the relevant carrier directly with your consignment number.
- Risk and title to the items purchased by you on the Website passes to you when we provide the items to our delivery agent.
Re-delivery or Refusal
You must ensure that you are able to take delivery of the product without undue delay and at any time reasonably specified by us. If you are not, the couriers may leave a card giving you instructions on either re-delivery or collection from the carrier. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
(a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or
(b) no longer make the product available for delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money paid to us, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees as provided for above).
Failure to accept delivery may result in your items being returned to us. If your items are returned to us your order will be refunded less shipping charges and any reasonable fees incurred.
4.2 International orders
4.2.1 General
We currently only ship within Australia, however we can provide a quotation to ship to international destinations so please call 02 9637 5076 or email info@florentia.com.au
4.2.2 Estimated shipping times for international orders
International orders are shipped with DHL. Subject to clauses 4.3 and 4.4 below, we estimate that it will take approximately up to 3 weeks from the date that your order is shipped for international orders to be delivered, depending on your location.
International shipping is charged at by cubic weight. Delivery times are a guide only and Florentia accepts no responsibility for any loss or inconvenience suffered by customers due to any delays in delivery.
See under heading 4.1.2 above for general delivery information.
4.2.3 Customs, GST, Import duties and Fees
- As we are based in Australia and you are buying from an Australian company, we charge you for your order in Australian dollars. The actual price charged to international customers will be subject to the exchange rate applied by the credit or debit card company. Additionally, your financial services provider may charge currency conversion and administration fees on purchases and any refunds we provide. We are not responsible for and will not reimburse any of these GST, charges, duties or fees.
- All applicable customs and import duties and fees will not be charged by Florentia. Some countries may require additional fees paid Collect on Delivery (COD), please contact your local customs office for detailed information on charges that may be incurred. These fees are paid to the local carrier and are not collected by Australia. Abandoned parcels will not be eligible for refund on the shipped items, shipping costs, import duties or fees incurred.
- Customs authorities require that we state the value of your order directly on your order. Customs agents have the right to release or deny release of your order, and in unusual cases may delay delivery.
New Zealand GST, Customs Charges, Duties and Fees.
Please note orders which are more than the equivalent of NZ$190 and shipped to New Zealand may incur GST, customs charges and duties charged by the NZ Customs Service once the parcel reaches its destination port and must be paid by the recipient directly to the NZ Customs Service or its authorised service provider. You can find out more information at: https://www.customs.govt.nz/personal/duty-and-gst/faqs/
4.3 Sale periods, Peak Times & Holiday Season
During busy sale periods and peak times and holiday seasons, dispatch times for orders may vary up to three weeks. We will post regular updates on shipping delays on the website.
4.4 Delivery delays
Florentia is not liable for any loss, damage, cost or expense (including any indirect or consequential loss or damage) to you or any other person that is caused by a change in the delivery timeframes set out above, or any delivery delays.
5. Returns
5.1 Returns
Our products are sold on a non-refundable basis. Please choose carefully when placing your order as we do not provide refunds or exchanges for incorrect choice or change of mind purchases.
You are entitled to a refund or exchange where:
- Incorrect item(s) were delivered (provided the item(s) have not been open/tampered with and are in re-saleable condition); or
- An item(s) is faulty
If you have received an item that is faulty, incorrect or damaged you must contact us within two (2) working days of receipt of goods.
Prior approval in the form of a Return Authority (RA) must be obtained from Florentia prior to returning goods. Once you receive your RA we require the goods to be sent to us within seven (7) working days.
Once we receive and verify your return you will receive either a credit in the form of a voucher, a refund or a replacement, decision of which is at the sole discretion of Florentia.
In cases of an exchange, items will be replaced with the same item originally purchased. For items that cannot be replaced a full refund will be offered in the form of a credit voucher or refund (where applicable). Unfortunately, we cannot refund duties, taxes or shipping charges.
Return Process
- Contact Florentia to obtain a Return Authority (RA) number
- Goods must be returned in their original packaging and in a saleable condition
- Address all returns clearly marking your RA number on the front of the package, following the format below
You must return your item(s) to the address below within 7 working days of receiving your RA number. You will receive your store credit or refund (where applicable) once your return has been processed and approved. This may take up to 7 days. Unfortunately, we cannot refund duties, taxes or shipping charges.
FLORENTIA RETURNS
RA #____________
Unit 18, 19 McCauley Street
Matraville NSW 2203
Australia
Once we have received the item(s), we will issue a store credit if:
(a) we receive the relevant item(s) within 7 working days from the day you received a RA number; and
(b) the item is in its original condition, unopened with all labels, tickets and original packaging intact.
The store credit will be issued via email address used to place the order and is accessible via your ‘Account’. The store credit will be valid for 3 years from the date of issue for use on the Website.
6. Liability and Indemnity
6.1 Necessary Authority
If you make purchases using the Website you acknowledge and warrant to Florentia that:
6.1.1 you have the full capacity and authority to engage in the transactions you undertake;
6.1.2 you will be liable for all costs, fees, charges and other amounts which may become due to Florentia as a result of the use of the Website;
6.1.3 you are properly authorised to provide Florentia with any information which you provide to Florentia and that you are not breaching any obligation of confidence or any requirement of any applicable law relating to the privacy of personal information by providing the information to Florentia; and
6.1.4 all information you provide to Florentia is true and complete to the best of your knowledge.
You must indemnify Florentia upon demand against the full amount (including legal costs on a solicitor and own client basis) of any costs, loss or damage suffered by Florentia as a result of a breach of any of these warranties.
6.2 No Exclusion of Australian Consumer Law
Florentia acknowledges that under the Australian Consumer Law, certain conditions and warranties may be implied into these Online Shopping Terms and rights may be conferred upon you which cannot be excluded, restricted or modified. Nothing in these Online Shopping Terms, whether express or implied, shall be taken to exclude, restrict or modify any such non-excludable conditions, warranties or rights.
6.3 Limitation of Liability
6.3.1 Without limiting any other provision of these Online Shopping Terms, Florentia's liability to you is limited, at Florentia's option, to the replacement of the goods, the supply of equivalent goods, the payment of the cost of replacing the goods or the payment of the cost of acquiring equivalent goods.
6.3.2 You agree and acknowledge that Florentia accepts no liability or responsibility arising for any indirect or consequential loss (including without limitation for loss of profit, loss of opportunity and any form of economic loss), damage or expense of any kind or nature. You release and forever discharge Florentia from any such responsibility and liabilities and any claims, demands or causes of action in respect thereof.
6.3.3 Florentia accepts no liability for any loss, damage, cost or expense (including any indirect or consequential loss or damage) to you or any other person that is caused by inaccurate or complete personal information provided by you when signing up to the Florentia website or ordering products from us.
6.3.4 Any liability we have to you for loss or damage of any kind arising out of these Online Shopping Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
7. Definitions & interpretation
7.1 In the Terms of Use, unless expressed or implied to the contrary:
- Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
- Copyright Act means the Copyright Act 1968 (Cth).
- Delivery Fee means the fee charged for the delivery under clause 4 of the Online Shopping Terms.
- GST means the goods and services tax imposed by the A New Tax System (Goods and Services Tax Imposition - General) Act 1999 (Cth).
- Personal information has the meaning given in the Privacy Act.
- Privacy Act means the Privacy Act 1988 (Cth).
- Florentia means Florentia Pty Ltd (also referred to in these Terms of Use as 'we' and 'us').
- Terms of Use means our Website Terms, Online Shopping Terms, Privacy Policy and any additional terms and conditions and notices displayed by us on this Website from time to time.
- Website Material means any information, content or materials that are located on, form part of or are available through or in connection with the Website.
- Website means this website, located at the URL www.florentia.com.au.
- You and your are references to the person accessing or using this Website.
7.2 In these Terms of Use:
7.2.1 the word 'includes' in any form is not a word of limitation; and
7.2.2 unless expressed or implied to the contrary a reference in the Terms of Use to:
(a) a statute includes regulations under it and consolidations, amendments, re-enactments or replacements of any of them;
(b) a person includes a firm, partnership, joint venture, association, corporation or other corporate body;
(c) a person includes the legal personal representatives, successors and assigns of that person;
(d) '$' or 'dollars' is a reference to Australian dollars;
(e) the singular includes the plural and vice versa; and a gender includes the other genders.