Conditions of Use
Welcome to our online store! Smithfield Florist and its associates provide our services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
Our Terms & Conditions
1. All prices shown are in Australian dollars.
2. Prices do not include the delivery fee.
3. The delivery fee is based and calculated on the location of the delivery address.
4. All prices include GST.
5. Each product pictured is representative of the standard price. The premium price indicates an increase in size and/or flower quantity and container value.
6. All designs illustrated are a guide to the type and style of flowers, gourmet foods and gifts that will be delivered. Flowers, gourmet foods, containers, gifts and accessories may vary according to season and availability, or when they do not meet with our quality standards. In some cases, products of the equivalent value and quality may be substituted in order to fulfil the requirements of the order selected.
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
When you visit Smithfield Florist or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Smithfield Florist or its content suppliers including Interflora Australian Unit Ltd and protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of Smithfield Florist, with copyright authorship for this collection by Smithfield Florist, and protected by Australian and international copyright laws. The software application provider and author for “osCommerce”, is used under the GNU GENERAL PUBLIC LICENSE and all original authorship and credit for osCommerce remains the intellectual rights of www.oscommerce.com.
Smithfield Florists trademarks and trade dress may not be used in connection with any product or service that is not Smithfield Florists, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Smithfield Florist. All other trademarks not owned by Smithfield Florist or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Smithfield Florist or its subsidiaries.
LICENSE AND SITE ACCESS
Smithfield Florist grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Smithfield Florist. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Smithfield Florist. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Smithfield Florist and our associates without express written consent. You may not use any meta tags or any other “:hidden text”: utilizing Smithfield Florists name or trademarks without the express written consent of Smithfield Florist. Any unauthorized use terminates the permission or license granted by Smithfield Florist. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Smithfield Florist so long as the link does not portray Smithfield Florist, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Smithfield Florist logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Smithfield Florist and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Smithfield Florist and its associates attempt to be as accurate as possible. However, Smithfield Florist does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Smithfield Florist itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Smithfield Florist ON AN “:AS IS”: AND “:AS AVAILABLE”: BASIS. Smithfield Florist MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Smithfield Florist DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Smithfield Florist DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Smithfield Florist ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Smithfield Florist WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting Smithfield Florist, you agree that the State & Australian laws, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Smithfield Florist or its associates.