Terms & Conditions

Article 1 – Definitions in these terms and conditions, the following terms apply:

Customer: Any party (both business and private) to whom Poppin’ Flowers provides floral art with a matching vase through a subscription or purchase, as well as any party (both business and private) that has commissioned Poppin’ Flowers for any other type of assignment.

Subscription: An agreement between Poppin’ Flowers and the Customer for the periodic delivery (subscription) of bouquets with artificial flowers by Poppin’ Flowers, optionally supplemented with other related products, as further agreed upon in the Contract.

Poppin’ Flowers: Located at 22 Pembroke Street, Bicton 6157 WA, registered ABN under number 65436034522.

Contract: Any quote accepted or executed by the Customer from Poppin’ Flowers, any order placed by the Customer with Poppin’ Flowers, or any other agreement binding the Customer to Poppin’ Flowers.

Personal Data: All personal data within the meaning of The Privacy Act relating to the Customer, including payment details.

Website: www.poppinflowers.com.au

Article 2 – Applicability

  1. These terms and conditions apply to all offers, quotes, agreements, and deliveries of services and products by Poppin’ Flowers.
  2. Poppin’ Flowers reserves the right to amend or supplement these terms and conditions and will inform the Customer thereof in writing. The Customer has the right to terminate the Agreement within 14 days of such notification by written notice.
  3. The Customer’s terms and conditions are expressly excluded from applicability.
  4. In case of any inconsistency between the content of the Agreement and these terms and conditions, the content of the Agreement shall prevail.
  5. The Customer may only invoke deviating and/or additional provisions if and to the extent that they have been expressly accepted in writing by Poppin’ Flowers.

Article 3 – Offer; conclusion of the Agreement

  1. Quotes and price proposals are non-binding and can be canceled or modified at any time before acceptance by the Customer.
  2. An agreement between Poppin’ Flowers and the Customer is concluded via the Website when the Customer places an order, indicates acceptance of an offer or quote from Poppin’ Flowers, or when Poppin’ Flowers has commenced execution of the order or assignment.
  3. Without prior written consent from Poppin’ Flowers, the Customer may not transfer their rights and obligations under the Agreement to third parties.

Article 4 – Prices and Payment

  1. Poppin’ Flowers reserves the right to change the prices of the products offered in the form of a Subscription and yet to be delivered during the term of the Subscription, whereby Poppin’ Flowers will inform the customer at least 14 days before any changes take effect. In such case, the Customer has the right to terminate the Subscription with a notice period of 14 days.
  2. Payment must be made within 14 days after the conclusion of the Agreement or, in the case of a Subscription, periodically as agreed upon in the Agreement. The Customer is not permitted to suspend, set off, or reduce their payment obligation.
  3. If the Customer fails to pay within the agreed period, Poppin’ Flowers has the right to charge statutory (commercial) interest from the date the Customer is in default, with any part of a month being counted as a whole month. If the Customer is in default and Poppin’ Flowers resorts to collection, the Customer will also be liable for extrajudicial collection costs.
  4. If the Customer fails to pay on time, Poppin’ Flowers may suspend its obligations until the Customer has fulfilled its payment obligations.

Article 5 – Customer Data

  1. The Customer is required to provide all relevant data necessary for the execution of the Agreement in a timely manner.
  2. The Customer can change the relevant data for the execution of the Agreement via the Website or in writing up to 5 days before delivery/rotation. The change is only valid after written confirmation by Poppin’ Flowers.
  3. The Customer is responsible for the accuracy of the data provided to Poppin’ Flowers, including personal data.

Article 6 – Privacy

  1. For the preparation, execution, and handling of an Agreement, as well as for other purposes such as (direct) marketing, Poppin’ Flowers processes Personal Data of the Customer.
  2. Poppin’ Flowers adheres to an online policy providing information about the processing of Personal Data and the rights the Customer has in this respect: Privacy Policy for Poppin’ Flowers

Article 7 – Termination of Subscription

  1. The Customer is entitled to terminate the Subscription via the Website and/or in writing at any time.
  2. The termination must be received and confirmed in writing by Poppin’ Flowers at least 1 month before the next delivery/rotation.

Article 8 – Ownership and care of artificial flowers in Subscription

  1. Poppin’ Flowers remains the owner of the delivered artificial flowers, vases, and other related products at all times.
  2. The Customer must handle the products with care. Products may not be placed at a location other than specified in the Agreement without prior written consent from Poppin’ Flowers.
  3. Mixing artificial flowers with real flowers/plants is not allowed, nor is watering the artificial flowers.
  4. Fees for unreturned or damaged products are as follows:
    • AUD 150 for a size S bouquet.
    • AUD 250 for a size M bouquet.
    • AUD 350 for size L and XL bouquets.
  5. Poppin’ Flowers will take a photo of the products before delivery to capture their original condition.

Article 9 – Intellectual Property

  1. All intellectual property rights regarding the goods and services belong to Poppin’ Flowers.
  2. The Agreement does not entail the transfer of intellectual property rights.

Article 10 – Delivery; Delivery time and execution

  1. Depending on the distance to the Customer, Poppin’ Flowers may charge delivery costs.
  2. Delivery times specified by Poppin’ Flowers are not deadlines. Delays will not constitute a breach of the Agreement.
  3. Delivery is made to the address provided by the Customer. The Customer must ensure the delivery can be personally accepted.
  4. If personal transfer proves impossible, additional delivery charges may apply.
  5. Poppin’ Flowers is entitled to engage third parties in the execution of the Agreement.

Article 11 – Complaints; Expiry period

  1. The Customer must inspect the delivered products immediately upon delivery. Complaints must be reported in writing within 8 days after delivery.
  2. If the complaint is deemed justified, Poppin’ Flowers may replace the goods or offer compensation up to the invoice amount.

Article 12 – Liability and limitation period

  1. Poppin’ Flowers is only liable for direct damages caused by intent or gross negligence.
  2. Liability is limited to the invoice amount or the amount covered by liability insurance.
  3. All claims against Poppin’ Flowers expire one year after the relevant event.

Article 13 – Suspension and termination

Poppin’ Flowers may suspend or terminate the Agreement without judicial intervention if the Customer breaches their obligations.

Article 14 – Force majeure

  1. In cases of force majeure, the execution of the Agreement is suspended.
  2. If force majeure lasts longer than three months, either party may terminate the Agreement.

Article 15 – Invalidity of one or more provisions

If any provision is invalid, other provisions remain in force. Parties shall agree on a valid provision replacing the invalid one.

Article 16 – Applicable law and jurisdiction

  1. All legal relations between Poppin’ Flowers and the Customer are governed exclusively by Australian law.
  2. Disputes will be settled by the competent court in Perth.