Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to captainshop.com.au and “You” and “Your” refers to you, the client, visitor, website user or any person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and captainshop.com.au’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that captainshop.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), captainshop.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF PHYSICAL GOODS
captainshop.com.au uses trusted external couriers and/or other reputable courier companies to deliver physical goods. Orders will not be dispatched until full payment is received and captainshop.com.au is satisfied with the integrity of the order. It is your obligation to enter the correct delivery address details at the time of ordering. If the delivery details you have given are incorrect, captainshop.com.au will not refund any payment. If you wish to send the order again it will be at full expense. Delivery times may vary depending on the delivery company chosen. captainshop.com.au is not responsible for goods that are either damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of captainshop.com.au. In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs. Overdue accounts will be subject to interest at the rate of 13% p.a., calculated for the period the account is due until the date it is paid. Normal delivery hours for captainshop.com.au are between 9am and 5pm Mon-Sat. captainshop.com.au offers same day delivery for orders submitted before 2pm AEST Monday to Friday, and by 7 am AEST Saturdays. captainshop.com.au cannot guarantee a specific delivery time. We will make every attempt to fulfil your request but cannot guarantee it. As captainshop.com.au is closed on public holidays, we will deliver your gift on the next available business day. Prices of goods and services and delivery and other charges displayed on the captainshop.com.au web-site are current at the time of display. These prices are subject to variation without notice. We will always attempt to be as accurate as possible with our product descriptions and pricing. All prices quoted are inclusive of GST and all prices are quoted in Australian dollars. Flowers/plants are seasonal and subject to availability on the day of delivery. Hamper items are subject to availability on the day of delivery. Containers are subject to availability on the day and may be substituted. Products/colours/containers may vary in regional/interstate areas.
Should you need to cancel your order, the full amount will be refunded less a $25 administrative fee, ONLY IF notice is received by Pearsons Florist 24 hours prior to the scheduled delivery date. Cancellations received with less than 24 hours notice prior to the date of delivery will be charged at 50% of the total order value. We are unable to cancel orders that have already been created and are in the process of being delivered.
RETURNS AND REFUNDS
captainshop.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation. As each flower is unique, so too, are your special requirements and concerns surrounding your order. For that reason, we ask that you please call our Customer Service Department on 9905 3577 to discuss any queries or concerns you may have in relation to your gift. A number of resolutions may be available to you and are subject to your particular situation. Should you wish to return your order, please notify us within 24 hours of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Note: All refunds for orders placed online or over the telephone are credited back the original credit card on which the order was purchased. Refunds for in-store purchases may be processed through the original credit card for which the order was purchased or by EFTPOS only. A voucher to the same amount paid will be issued for all cash purchases. Refunds are made at the discretion of captainshop.com.au.
LINKS TO OTHER WEBSITES
captainshop.com.au may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between captainshop.com.au and the owners of those websites. captainshop.com.au takes no responsibility for any of the content found on the linked websites.
The captainshop.com.au website may contain information provided by third parties for which captainshop.com.au accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, captainshop.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. captainshop.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of captainshop.com.au to bear any entire costs of servicing, repairs, or correction. The applicable law in your state of territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. captainshop.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data captainshop.com.au collects is secured against unauthorised use or access. Credit card information is not stored by us on our servers.
captainshop.com.au does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
captainshop.com.au may be required, in certain circumstances, to disclose information in good faith and where captainshop.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of captainshop.com.au, its customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of captainshop.com.au. captainshop.com.au expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then captainshop.com.au will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. captainshop.com.au reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
captainshop.com.au expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and captainshop.com.au concerning your use and access to the captainshop.com.au website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and captainshop.com.au that results in litigation then you must submit to the jurisdiction of the courts of New South Wales.