TERMS & CONDITIONS
Important: All orders placed for delivery during the Valentine's Day period, from the 8th - 14th of February 2021 inclusive, will not be eligible for a refund or store credit of any kind due to any Government restrictions, lockdowns or concerns around delivery arrival times that are outside of the companies control that lead to an order not being delivered on the specified date.
1. GENERAL TERMS AND CONDITIONS
- This website is owned and operated by Mister Roses PTY Ltd number: 63 634 226 878
- By accessing, browsing or using this website, you agree to all terms, conditions and disclaimers.
III. James Stevens Production Pty Ltd may amend these terms and conditions from time to time. Any amendment is effective immediately.
A driver has the discretion to leave our roses after assessing the premises – if they feel it will get damaged (by pets or weather) or stolen; they will need to leave a card to the Post Office. So please ensure you are 100% certain your recipient will be at home or work to receive their Mr Roses.
Delivery Fee Quote
- Prior to checkout, James Stevens Production Pty Ltd agrees to quote and/or display the delivery fee, in the instance a delivery fee is requested.
- The delivery times available include 8 am - 6 pm The delivery can be made anytime during this delivery window. No special delivery times can be requested.
Monday, Saturday, Sunday and Public Holiday Deliveries
III. Deliveries on Mondays, Saturday, Sundays and public holidays are not available, except when stated otherwise.
Special Events Deliveries
- Mr Roses sets different terms and conditions in relation to special events. These include, but are not limited to, Valentine’s Day, Mother’s Day and Christmas.
- Terms and Conditions in relation to special events will be updated on our website from time to time and will be effective immediately.
Deliveries in Transit
James Stevens Production Pty Ltd provides tracking via Australia Post: https://auspost.com.au/mypost/track/#/search Alternatively Customers may call us at 1300 677 673 or email: email@example.com and check on their deliveries.
- For Residential addresses, if a courier deems a delivery location unsafe, the order will be returned to the your local post office address and redelivery fees will apply in the instance the package is not collected.
- For business, school and hospital addresses, James Stevens Production Pty Ltd accepts no responsibility for delivered items that are redirected to the mailroom, front desk or reception.
Competition Terms & Conditions
- By participating in this promotion, you are accepting these Terms & Conditions.
- Entry is only open to AU residents aged 18 years and over.
- The Promoter’s decision is final and no correspondence will be entered into.
- Winners will be notified either by phone or email within 24 hours of the promotional end date.
- The winner is at the full discretion of James Stevens Production Pty Ltd, and will be chosen based on the most interesting or unique response, in the opinion of Mr Roses management.
- By participating in this promotion, you are opting into Mr Roses being allowed to contact you by email about new offers, products or services. You will have the option to unsubscribe from regular offers once they commence.
3. CUSTOMER OBLIGATIONS
- Customers must supply Mr Roses with a valid phone number and contact email.
- Mr Roses accepts no liability arising out of failure to contact a customer, where the contact details were not supplied, were invalid or incorrect.
- It is the obligation of the customer to ensure the recipient’s delivery address is correct.
- Failure to provide the correct delivery details may result in incorrectly delivered goods, undelivered goods and additional redirect or redelivery fees.
III. Mr Roses accepts no liability for incorrectly delivered or undelivered goods, where the customer made no reasonable attempt to correct the address within a reasonable period of time and/or Mr Roses acted reasonably when delivering the goods.
- Once delivered in accordance with your instructions, the product becomes the responsibility of the customer.
Recipient Details and Personalised Messages
- The customer must ensure recipient details, such as their name and address are correct and also spelt correctly. Mr Roses accepts no responsibility for any incorrect information when such information results from a reliance on information provided by the customer.
- In regards to internet orders, customers should ensure that their personalised message is written to their satisfaction. Mr Roses accepts no responsibility for incorrect spelling, grammar or formatting.
4. ALTERATIONS AND AMENDMENTS TO ORDERS
- We are unable to provide any alterations or amendments (including cancellations) for orders that have already been prepared and/or in transit.
- Mr Roses reserves the right to refuse alterations and amendments.
5. CANCELLATION OF ORDERS
- Orders can not be cancelled and/or refunded at any time but an alternative delivery date can be arranged or credit note can be requested for the full amount, unless the order has already been prepared and/or is already allocated to a courier. Please contact our Customer Service on 1300 677 673 or email: firstname.lastname@example.org to discuss your options.
6. COMPLAINT POLICIES
Mr Roses Five Day Complaint Policy
- Any dissatisfaction with the product(s) must be communicated to Customer Service within three (5) days of delivery at 1300 677 673 or email: email@example.com
- Mr Roses reserves the right to request photos of the original product(s). To assist us in quality control it is our policy, if requested by us, to collect the original products.
7. PURCHASE AND SALE OF ALCOHOL
- Mr Roses, support the Responsible Service of Alcohol. All orders for liquor are facilitated and processed by Mr Roses.
- It is an offence for a licensee to supply liquor to a person under the age of 18 years. It is an offence for a person under the age of 18 years to purchase or receive liquor from another person.
8. PRODUCT RANGE
- Customers will be informed when a selected product is not available in the delivery location.
- When a product is unavailable in your chosen location Mr Roses may be able to offer you an alternative product.
Substitution and Seasonal Availability Disclaimer
- Mr Roses endeavours to fulfil orders in compliance with product descriptions, however, orders may be subject to seasonal and product availability.
- Mr Roses reserves the right to substitute products and items when necessary. Utmost care is taken to ensure the final product is as similar in quality to the requested item. Substitutions and alterations to the style of a product will be of similar quality and value.
Photography and Products
- For photographic purposes, containers such as dishes, glasses or other props may be used for display purposes and are not included with the final product. The itemised product description available on the product page outlines the contents of the final products.
9. PRICING AND TRANSACTIONS
- All prices quoted, unless otherwise stated, are inclusive of GST.
- All prices, unless otherwise stated, are quoted in AUD.
III. Product prices do not include delivery fees.
- In the event a customer is entitled to a refund, the refund will be made to the original credit card or paypal account. For paypal transactions the refund will be made to the paypal account.
We accept payment by Visa, Mastercard and American Express credit cards.
When providing your credit or debit card details you are agreeing that you are authorised to use that card and it must have sufficient available funds to cover your charges.
A surcharge of 1.9% is applicable for payments made with American Express credit cards.
- Discounts apply to the product value and exclude the delivery charge.
- Discounts may not be combined with any other offers, discounts or gift vouchers.
III. Discounts may not be redeemed for cash or transferred.
- Customers entitled to a discount must quote, enter or apply the valid discount code prior to order payment and finalisation.
- Discounts will not be applied to an order after payment has been taken.
- These terms and conditions apply in conjunction with any terms and conditions, written on or associated with, 'the discount'.
VII. Only one promotion code may be used per order.
VIII. All promo orders must be delivered within a 1 month period only.
11. SECURITY AND PRIVACY
Collection and Use of Information
- Mr Roses collects personal data for the purpose of fulfilling orders for products or services, or for the purpose of competitions and prize-giving, or for any other such purpose which requires the collection of personal data in order for Mr Roses to fulfil an obligation.
- Personal data includes, but is not limited to: the full name of the customer and/or recipient or competition entrant, payment details, e-mail address, recipient address and contact (mobile) phone numbers.
III. Mr Roses does not keep records of customer credit card details.
- For customer security, your IP address has been logged and will be recorded with your purchase details.
Disclosure of Information
- Mr Roses may disclose personal data necessary to third party service providers for the purpose of fulfilling customer orders and any other obligations, such as prize-giving or sponsorships.
- Mr Roses will not disclose personal information to third parties for marketing purposes without prior authorisation.
III. Under no circumstances will Mr Roses sell or receive payments or services for disclosing customer's personal information to any partner or external company.
Sender Anonymity and Disclosure
- Customers have the right to remain anonymous except in circumstances where personal information is required to complete an electronic transaction.
- Mr Roses will not disclose sender/customer information to a recipient unless requested or approved to do so by the sender/customer.
- Mr Roses websites utilise cookies to store information of browsing history and to enable browsing features. We do not store any personal or financial information about customer-used cookies.
- Customers can elect to receive promotional material by joining as a Member and opting to receive plain text or HTML emails.
- In compliance with AU law, all marketing material sent to the subscriber will include an option for the subscriber to request removal from mailing or contact lists for any future marketing.
- Any party engaged in illegal activities involving the use of Mr Roses website will be subject to civil and criminal sanctions and prosecution.
- Mr Roses does not guarantee that it will be able to prevent any illegal or inappropriate use of its websites, nor that it will give notice of any illegal or inappropriate use of its websites.
III. It is illegal to place orders under a false name, with a fraudulently obtained credit card or without the consent of the cardholder. Persons found to have placed a fraudulent order will be prosecuted.
13. GOVERNING LAW
- The use of this website and these conditions is governed by and construed in accordance with the laws of Australia
- Any legal action arising out of its use shall be brought and enforced under the applicable Australian law.
III. By using this site, you agree to submit to the jurisdiction of the courts of Australia and any legal action pursued by you shall be within the exclusive jurisdiction of the courts of Australia.
14. THIRD PARTY SITES
Websites operated by Mr Roses may provide links to related third-party sites. Mr Roses is not responsible for the privacy practices or the content of such websites and does not warrant the security of any information supplied to third-party sites.
15. TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
- All material on websites owned, operated, licensed or controlled by Mr Roses, including but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Mr Roses its related companies or by other parties that have licensed their material to Mr Roses.
- Material on any website owned, operated, licensed or controlled by Mr Roses is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Mr Roses.
III. Use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of Mr Roses copyrights, trademarks and proprietary rights and is prohibited.
16. FORCE MAJEURE
Mr Roses is not liable for failure to perform obligations, including but not limited to, the fulfilment of an order or a delivery, if such failure occurs as a result of acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster) war, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power, terrorist activities, government sanction, blockage, embargo, labour dispute, strike, theft, lockout or interruption or failure of electricity or telephone service or any other event or phenomenon beyond Mr Roses control.
17. VALENTINE'S DAY
Our early bird prices are the best rates we can offer pre-valentines. From the 7th of February, our prices increase since there is a huge demand for roses, and we find that costs from the best producers can nearly triple, which has an impact on our gift boxes. We don't want to compromise on our quality finish, so we want to make sure our returning customers know the reason behind the price differences for our Valentine's collection. No discounts can be offered/ redeemed during the valentines period, which commences 1st February - 16th February.
If you are enrolled in our program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:
You may not bid on any of our trademarked terms, including any variants or misspellings thereof for search of content based campaigns on Google, Yahoo, Bing, Ask or any other network. You may not use our trademark items in sequence with any other keywords.
You may not use our trademarked items in your ad title, ad copy, display name or as the display URL, if you automate your PPC campaigns, the responsibility is on you to exclude our trademark terms for your program and we strongly suggest you add our trademarked terms as a negative keyword. We have a strict no-tolerance policy on PCC trademark budding. We will not enter a discussion about when the violation started and when it stopped, you will forfeit all commissions for a minimum of the past 30 days.
18. COVID-19 Updates & Information
No refund will be provided. Store credit will be provided in the instance MR Roses is unable to operate due to government-mandated lockdown or in the instance of delivery delays, which are out of our control during this time.