Please read our terms and conditions carefully before using this website. For the purpose of terms and conditions, “Us”, “Our” and “We” refers to DON DE LAMOUR PTY LTD (A.B.N. 57644994150) and “You” and “Your” refers to all users of the site, the client, visitor, merchants and/or contributors of content. It also applies to orders made via telephone and email with the Don De Lamour Pty Ltd customer service team.
By using our website and/or making a purchase with us, you are engaging in our “service” and agree to comply and be bound to our terms and conditions of use (“Terms and Conditions”, “Terms”, “Service”, including additional policies referenced herein.
1 AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove the terms and conditions at any time. You can review the most current version of the Terms and Conditions. Please check our terms regularly to ensure that you are aware of any changes.
If you choose to use our website and/or services then we will regard that use as conclusive evidence of your agreement and acceptance that these terms are your and Don de L’amour’s rights and obligations to each other.
2 LIMITATION OF LIABILITY
By using our website you are accepting that dondelamour.com.au is not legally responsible for any loss or damage you might suffer related to the use of the website. Your use of the information or materials on this website is entirely at your own risk and we shall not be liable. It is your own responsibility to ensure that any products, services or information provided from us meet your specific requirements. Such information and materials may not be current and/or include inaccuracies or errors and we exclude liability from such inaccuracies or errors. These errors may relate to product descriptions, pricing, promotion, offers, delivery charges, transit times and availability. We reserve the right to correct any errors, inaccuracies at any time without prior notice, including after you have submitted your order. Photographs of our products are provided for informational purposes only, and are not contractually binding.
You must be over 18 years of age to use this website or purchase any goods or services. You may not use our website for any illegal or unauthorised purposes. You may not violate any laws in your jurisdiction (including but not limited to copyright laws).
Dondelamour.com.au reserves the right to exclude and not permit any person from using its website or contents contained on it. We reserve the right to refuse any order you place with us. In the case that we cancel or make a change to an order, we may attempt to email you or contact the number provided at the time the order was made. We reserve the right to not register a payment and thus not confirm an order, in particular but are not limited to the following reasons: problem with the order (abnormality, unavailability), the delivery address requested is outside the delivery areas, based on our sole judgement find the order appear placed by dealers, resellers or distributors. You may not use a false e-mail address, pretend to be someone other than yourself or mislead us or other parties as to the origin of any comment. You are solely responsible for any comments posted by you or any third-party. We hold the right to check ID and proof of address before dispatching any order to ensure security and protection against fraud.
3 DELIVERY OF PHYSICAL GOODS
Don de L’amour uses trusted couriers to deliver physical goods. Orders are not dispatched until full payment has been received and we are satisfied with the product. Please provide us with the correct phone number and address at the time of ordering. We will take accurate measures to display pricing of goods and services and delivery and other charges. All prices quoted are in Australian dollars and are inclusive of GST. Delivery charges will be applied after your product choices are validated and the order form has been completed. Please take note of delivery charges at checkout and make the payment in full in the prescribed conditions. Don de L’amour will not be held responsible and will not refund any payment if you have incorrectly provided details. If you wish to order again, it will be at your own expense.
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.
Our normal delivery hours are Monday – Saturday 9am – 6pm. We source our flowers early in the morning and fresh from our suppliers on a regular basis. To ensure a high level of quality and freshness, all orders must be placed 1 day in advance, paid in full and confirmed by email. We do not guarantee a specific delivery time. We do not work on public holidays. If orders are placed for a Sunday or public holidays, we will dispatch your delivery the following business day.
We source our flowers and plants based on seasonal availability on the day of delivery. Therefore, all products presented in the website may not always be available for purchase. As all natural products are subject to differences and environmental impacts, no two products will be identical. The images shown are not an exact indication of what you will receive. Don de L’ amour reserves the right to replace any product with another product with comparable value. Specific requests can be forwarded to us by emailing email@example.com however we do not guarantee the exact colour or variations of any flower, plant or product used in any arrangements.
4 TRADE MARK PROTECTION
All trademarks are owned by Don de L’Amour.
Except in the case of a license granted, you are prohibited from using or displaying (directly or indirectly), and agree not to use, display, or reference (directly or indirectly), any URL, trade name, trademark, logo, or branding of Don de L’Amour or of any our affiliates, in any manner whatsoever (including, without limitation, in any meta-tags, search engine advertising, marketing or optimization, any other online or offline marketing or advertising, press releases, etc.) without the express, written permission of a represent ive of Don de L’Amour or its applicable affiliate(s), which may be denied in the sole discretion of Don de L’Amour or such Affiliates.
5 COPYRIGHT AND INTELLECTUAL PROPERTY
All copyright and other intellectual property are owned by Don de L’amour.
Nothing in these terms and conditions will function to transfer Don de L’amour’s Intellectual Property rights to any parties. We will retain exclusive interest in and ownership of our Intellectual Property on our website and social media channels. Any requests of usage of our copyright and other intellectual property must be pre-approved by a representative of Don de L’Amour through a written agreement.
The website and any other content on social media channels are the intellectual property of and are owned by Don de L’Amour. The structure, organization, and code of the website and other content contain valuable trade secrets and confidential information of Don de L’Amour. Except as expressly stated herein, we do not grant you any intellectual property rights whatsoever in the website and on our social media and all rights are reserved by Don de L’Amour. Any form, database, or software that is altered, conceived, made, or developed in whole or in part by Don de L’Amour (including any developed jointly with you) during or as a result of our relationship with you shall become and remain the sole and exclusive property of Don de L’Amour unless stated otherwise in a written agreement. You agree to make no claim in the rights or ownership of any such form, database or software. You agree to indemnify Don de L’Amour for any third-party claims for infringement, misappropriation or other violation of any third-party’s intellectual property rights where such claims are made against Don de L’Amour for forms, templates or exemplars created based upon material provided by you to Don de L’Amour.
6 PAYMENT TERMS
You will pay all fees specified in our confirmed Order Forms. Except as otherwise specified herein or in a Order Form are (i) based on services, (ii) payment fees are non-cancellable if reserves services have been carried out, (iii) fees paid are non-refundable.
Changes in fees
We may change the fees for services at any time or impose additional fees or charges.
Such reasonable changes will be notified to you before the date of delivery and will be effective provided that there has been a mutual agreement to the changes in fees and once the invoice has been issued.
Invoicing and payment
You will pay us with valid and updated credit card information, or a valid purchase order or alternative document reasonably acceptable to us. If you provide us with credit card and/or other banking account information, you authorize us to charge such a credit card and/or banking account for all purchased services listed in the Order Form for our products and services subject to clause 3. Such charges shall be made in advance, either monthly, quarterly, annually or stated in the applicable Order Form. If the Order Form specifies that the amount will be charged in another form of payment, we will invoice you in advance and otherwise in accordance with the relevant Order Form. Unless stated otherwise in the Order Form, invoices charges are due 14 days from the invoice date. You are responsible for providing us complete and accurate billing information and notifying us of any changes to such information.
If any invoiced amount has not been paid by the due date, then without limiting our rights or remedies, we will (i) charge a late fee of 10% of the outstanding balance per month, and/or (ii) condition future orders on shorter payment terms than those specified in this clause.
Suspension of service
If any amount owed by you under this agreement or any other agreement for our services is 30 days or more overdue, we may, without limiting our rights and remedies, accelerate your unpaid fee obligations under such agreements so that all obligations become immediately due and payable, and suspend our services to you until such outstanding amounts have been paid in full. We will give you at least 7 days notice that your order is overdue before suspending services to you.
Please read our terms and conditions carefully before entering into an agreement with our services. For the purpose of terms and conditions, “Us”, “Our” and “We” refers to DON DE LAMOUR PTY LTD (A.B.N. 57644994150) and “You” and “Your” refers to all users of the site, the client, visitor, merchants and/or contributors of content. It also applies to orders made via telephone and email with the Don De Lamour Pty Ltd customer service team.
By using our website and/or making a purchase from us, you are engaging in our “service” and agree to comply and be bound to our terms and conditions of use on our website, supplied documents (“Terms and Conditions”, “Terms”, “Service” and additional policies referenced herein.
Business Days means any day other than a Saturday, Sunday, a NSW public holiday, or the NSW Government Christmas/New Year shutdown period (if declared).
Confidential Information means any technical, marketing, commercial, financial or other information of, about or in any way related to, Don de L’Amour, including any information designated by Don de L’Amour as confidential, which is disclosed, made available, communicated or delivered to the Client, but excludes information: (a) which is in or which subsequently enters the public domain other than as a result of a breach of these Conditions; (b) which the Client can demonstrate was in its possession prior to the date of this Contract; (c) which the Client can demonstrate was independently developed by the Client; or (d) which is lawfully obtained by the Client from another person entitled to disclose such information.
Contract means the agreement between Don de L’Amour and the Supplier for the supply and installation of the Goods as evidenced by these Conditions, the Purchase Order and the Proposal.
Defects Liability Period means the 12 month period commencing from the Acceptance Date.
Goods means the items (or any of them) to be supplied as described in the Proposal including installation materials, and confirmed in the Purchase Order.
GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Installation Date means the date that the Works are to be completed, as set out in the Purchase Order.
Installation Works means all works necessary to install and commission the Goods on site.
Intellectual Property Rights includes all present and future copyright and neighbouring rights, all proprietary rights in relation to inventions (including patents), registered and unregistered trademarks, confidential information (including trade secrets and know how), registered designs and all other proprietary rights resulting from intellectual activity in the industrial, agricultural, literary or artistic fields.
Proposal means the proposal submitted by Don de L’Amour in response to client briefs, including any subsequent amendments of the Proposal accepted by both parties being Don de L’Amour and the client.
Purchase Order means the record generated by Don de L’Amour in physical or electronic form which references the unique identifying number allocated by Don de L’Amour to the provision of the Works under this Contract (“PO Number”).
Purchase Price means a fixed amount payable for the Works (excluding GST), as set out in the Purchase Order.
Works means the supply of Goods and Installation Works by Don de L’Amour.
1 Supply and installation
(a) Don de L’Amour agrees to:
(i) undertake the Works exercising the standard of care that would be expected of a contractor experienced and skilled in works of the nature of those to be undertaken by the Client under this Contract.
(ii) complete the Works by the Installation Date;
(iii) undertake the Works in accordance with this Contract and all applicable laws, business policies, guidelines, codes of conduct and the Purchase Order and these Conditions;
(iv) package all Goods to ensure maximum protection against damage during transit, delivery, loading and unloading.
(v) provide all relevant information (manuals, guides, instructions, procedures and financial documents) necessary for the proper and safe handling, transport, storage, use, operation, maintenance, repair and disposal of the Goods. If the Works are damaged after delivery where Don de L’Amour is not liable for damages, Don de L’Amour will offer repair for additional fees.
(vi) obtain, when necessary, for the benefit of the Client the benefit of any
manufacturer’s warranties provided for the Goods; and
(vii) provide all equipment, installation materials, labour and other things necessary to undertake the tasks and activities required to carry out the Works.
(viii) Without in any way limiting subclause (a), Don de L’Amour agrees to undertake the Works in conformity with their business policies and codes of conduct Framework, as well as any applicable government direction with respect to any act done in connection with the Works. The Client must inform Don de L’Amour in writing at least 3 days prior to installation the policies and rules for site work. For example, some sites do not permit drilling through concrete. If the Client does not inform Don de L’Amour of such policies and rules in relation to the Works installed on site, Don de L’Amour will take that as approval and will not be liable for the changes.
(ix) Don de L’Amour will not be held responsible for any loss and damages after the delivery of the Works. For example: Damages caused by visitors and animals or consumption of the materials.
2 Completion of Works
(a) Don de L’Amour must complete the Works by the Installation Date.
(b) Don de L’Amour must promptly notify the Client when the works have been completed.
(c) The client may inspect the Work and notify Don de L’Amour of any concerns with the Works.
(d) If Works have been completed and confirmed by Don de L’Amour (“Acceptance Date”), then the Defects Liability Period commences.
(e) If the Client (acting reasonably) considers that the Works have not been completed, they may notify the Don de L’Amour of those reasons and Don de L’Amour will conduct an investigation and determine the necessary actions that must be taken to complete the Works. The Client must notify Don de L’Amour if they believe the Works have not been completed, at no additional cost to Don de L’Amour.
(f) If Don de L’Amour is or will be delayed in completing the Works by the Installation Date, including a delay being due to an event or circumstance beyond Don de L’Amour’s reasonable control, they must notify the Client as soon as practicable, the cause of such delay and when it anticipates that it will be able to resume the Works.
(g) The Works are designed to last up to three years. Colours may fade over time due to the nature of the materials of the Works.
(h) In the first twelve months after the delivery date, upon written request by the Client, Don de L’Amour may supply colour retouches and shaping. Don de L’Amour will conduct an examination of the Works and determine the necessary steps to be taken for the maintenance of the works. After twelve months of the delivery date, additional costs may apply.
3 No exclusivity
No provision of this Contract creates an exclusive agreement between the parties and Don de L’Amour will always be entitled to offer goods and services to other clients from and contract with any other party it deems fit, for the provision of like works.
4 Ownership and risk
(a) Ownership in the Goods will pass to the Client upon delivery of the
Goods to the site of installation.
(b) Risk in the Goods will pass to the Client when the Works are notified as complete by Don de L’Amour under subclause 4(b).
(a) The client will only pay the fees outlined in the invoice following receipt by
The client of a valid tax invoice, issued by Don de L’Amour, together with such other information as the Client may reasonably require. The invoice must be sent to the Invoice Address specified in the Purchase Order.
(b) The Client will pay the Purchase Price including GST to Don de L’Amour within 7
days following receipt of an invoice issued by Don de L’Amour that conforms with subclause (a).
(c) The fees included in the receipt will include Purchase Price and GST and other additional costs for extra materials for the creation of installations, labour fees, delivery fees and other miscellaneous expenses. Before the Works begin, Don de L’Amour will inform the Client of all costs incurred for the Works and Installation.
(d) Don de L’Amour acknowledges that any payment made to it by the Client is payment on account only and does not imply or constitute a waiver or release of the Client’s obligations
under this Contract.
(e) Once installation materials for the Works have been ordered in, the Client will be charged full fees as outlined in the invoice. We do not offer refunds for change of mind once materials have been ordered in until delivery of the Works.
6 Defective Works
(a) If, during the Defects Liability Period, the Client identifies a defect in the Works (“Defective Works”), the Client may direct Don de L’Amour to rectify these Defective Works, by way of repairing, replacing, modifying, performing or taking other actions acceptable to the Client (acting reasonably). The client must notify Don de L’Amour of defects within 48 hours. Don de L’Amour will conduct an examination and determine the outcomes of
(b) Don de L’Amour must, at its own cost, repair, replace or otherwise make good any Defective Works notified by the Client to Don de L’Amour.
(c) The timing of the rectification work described in subclause (a)
must be agreed with Don de L’Amour, or may be specified by the Client (acting reasonably), before commencing the work.
(d) If Don de L’Amour experiences delays or issues beyond our control to rectify the Defective Works within the time agreed or specified by both parties or by the Client under subclause (c) Don de L’Amour must notify the client. The Client may engage another party to complete the repair at the Client’s own risk and expense.
(e) The Defects Liability Period will start from the date of the installation and any works
repaired, replaced or made good by Don de L’Amour will not mean that it will restart unless it is specified in a new agreement.
(a) Don de L’Amour warrants to the Client that:
(i) (Goods) the Goods:
(A) are new and fit for the purpose disclosed by the Client (or, if no purpose is stated, the purpose for which the Goods would ordinarily be used);
(B) conform in all respects with the specification (if stated);
(C) are free from defects; and
(D) are of merchantable quality and comply with all laws.
8 Supply of Goods (With Installation)
(i) Don de L’Amour at all times, shall be suitably qualified and experienced, and shall exercise due skill, care and diligence in the carrying out and completion of
(ii) (Conflict) Don de L’Amour and its employees, agents and contractors do not hold any office or possess any property, which are not engaged in any business or activity and do not have any obligations whereby duties or interests are or might be created in conflict with or might appear to be created in conflict with its obligations under this Contract;
(iii) (IP) Don de L’Amour is fully entitled to use and deal with any Intellectual Property Rights which may be used by it in connection with Works.
(b) The Client must notify Don de L’Amour, in writing, immediately upon becoming aware of the existence, or possibility, of a conflict of interest. Where, in Don de L’Amour’s reasonable view the conflict of interest cannot be appropriately managed, the Client may
terminate this Contract.
Don de L’Amour must indemnify, and keep indemnified, its Clients and each of its employees, contractors and agents against any losses which any of them incurs or suffers in respect of:
(a) a negligent or wilful act or omission of Don de L’Amour;
(b) loss or damage to any property;
(c) personal injury (including death or illness of any person); and
(d) claims that the Works breach the Intellectual Property Rights of any third party or any breach of confidence, arising out of or in connection with the performance of the Supplier’s obligations under this Contract, including failure by the Supplier to deliver the Goods.
10 Intellectual Property Rights
Don de L’Amour grants to the client a non-exclusive, perpetual, royalty free licence to use any Intellectual Property Rights in relation to any Goods supplied to the extent necessary to allow the client the full use and enjoyment of those Goods and Don de L’Amour must, upon request by the client, do all things as may be necessary (including executing
any documents) to give full effect to such rights. The client must ensure all information is credited to Don de L’Amour when it is used for any purpose including commercial and marketing usages.
Voucher duration. Vouchers are valid for a period of 12 months from the express date of purchase outlined in the voucher document. It cannot be redeemed after the expiry date.
Information you provide to us. It is your responsibility to ensure that all details supplied by you to Don de L’Amour are true and accurate upon purchasing any type of voucher. Please contact us immediately if any errors have been made through phone or email.
Use of multiple vouchers. Only one gift voucher can be used at a time per person. For floral workshop vouchers, only one voucher can be used per class bookings.
Use of promotional codes. Promotional codes cannot be used in conjunction with gift vouchers.
Email vouchers. Email vouchers shall be provided free of charge to the email address provided at point of purchase.
Postal vouchers. There are additional costs associated with provision of a postal voucher. Such costs are added to the voucher cost and shall be paid at the point of purchase. Please allow up to 7 days for delivery of a postal gift voucher.
Voucher redemption. Services must be pre-booked. Vouchers can be redeemed by phone or emailing: firstname.lastname@example.org.
Refunds. Vouchers are non-refundable other than within the 14 day cancellation period.
Monetary vouchers. Monetary vouchers can be used for part or full payment of an online, short workshop and online retail store only. If the workshop cost exceeds the amount of the gift voucher, the outstanding balance must be paid in full by credit or debit card at the point of booking.
Transfer. Workshop vouchers are transferable towards other workshops and retail products only and cannot be exchanged for cash.
Lost or stolen physical vouchers. Lost, stolen or destroyed physical gift vouchers will not be refunded. Any form of vouchers can be replaced or electronically retrieved by directly contacting: email@example.com
Cancellation. In the unlikely event that a course needs to be cancelled by Don de L’Amour, a new gift voucher shall be issued and shall be valid for a further 12 months. In the event that a course is cancelled by a voucher holder no refund shall be given.
Online Workshop Vouchers are valid for the full cost of any online workshop as advertised and cannot be redeemed against any online course that costs more than this.
One day Workshop Vouchers are valid for the full cost of all 1 day short courses advertised at and there are no exceptions.
Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 3.
Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
Customer: the person, business or entity who purchases the Goods from the Supplier.
Force Majeure Event: an event or circumstance beyond a party’s reasonable control.
Goods: the goods (or any part of them) set out in the Order.
Order: the Customer’s order for the Goods, as set out in the Customer’s purchase order form, the Customer’s written acceptance of the Supplier’s quotation, or overleaf, as the case may be.
Supplier: Don de L’Amour Pty Ltd.
The Supplier shall ensure that:
If the Customer fails to take or collect delivery of the Goods within the same day of Delivery by the Supplier with oral or written notice that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or the Supplier’s failure to comply with its obligations under the Contract:
The Supplier warrants that on delivery the Goods shall:
Subject to Clause 1, if:
The Supplier shall not be liable for the Goods’ failure to comply with the warranty and shall not be liable for the replacement or costs incurred by damage or neglect of the Goods in any of the following events: