Terms & Conditions

TERMS AND CONDITIONS

Thank you for visiting Boh and Blush. Please read these terms and conditions of use carefully before using this website.

1. this website is owned and operated by Boh and Blush

2. In these terms and conditions:

a) Content means our intellectual property, content and any other material on our website. 

b) Liability means any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent

c) "we" "us" and "our" refers to Boh and Blush.

3. By accessing, browsing, making any purchase from or otherwise using this website you:

a) agree that you have read and understood these terms and conditions; and

b) agree to the terms and conditions of use including any disclaimer or other negation, limitation of liability and any indemnity provided by you.

c) agree you read, use and act on our website and the Content at your own risk.

4. You must be over 18 years of age to use this website and to purchase any goods or services.

5. Your use of our website and your use of and access to any of our Content does not grant or transfer to you any rights, title or interest in relation to our website or our Content

6. You are prohibited from using our website and the Content in any way that competes with our business.

7. Our website may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  We recommend that you make your own investigations to ensure those websites are suitable for you.

8. To the maximum extent permitted by law, we make no representations or warranties about our website or the Content, including that:

a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose

b)access will be uninterrupted, error-free or free from viruses; or

c) our website will be secure.

You read, use and act on our website and the Content at your own risk.

9. To the maximum extent permitted by law, we are not responsible for any Liability suffered by you or any third party, arising from or in connection with your use of our website and/or the Content and/or any inaccessibility of, interruption to or outage of our website and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

10. To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our website or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms

11. If you do not agree with the above, or any part of these terms and conditions, you must cease using our website immediately.

12. We reserve the right to amend these terms and conditions at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We recommend you check our website regularly to ensure you are aware of our current terms. Content is subject to change without notice.

Delivery of Physical Goods:

13. Boh and Blush uses trusted external couriers and /or other reputable courier companies to deliver physical goods.

14. Orders will not be dispatched until full payment has been received and Boh and Blush is satisfied with the integrity of the order. 

15. It is your obligation to provide us with

a) contact details including correct name, phone number and contact email.

b) the correct delivery address details at the time of ordering.

16. If the delivery details that you have provided are incorrect:

a) it may result in incorrectly delivered goods, undelivered goods and additional redirect or redelivery fees; and

b) Boh and Blush will not refund any payment.

17. If you wish to send the order again, it will be at your full expense.

18. Delivery times may vary depending on the delivery company chosen.

19. We cannot guarantee a specific delivery time. We will make every attempt to fulfil your request but we cannot guarantee it.

20. Once the ordered goods leave our possession in accordance with your delivery instructions, the product becomes the responsibility of you.

21. Boh and Blush does not accept any Liability for goods that are either damaged in transit or not received. Replacement of goods is at the discretion of Boh and Blush.

22. Normal delivery hours of Boh and Blush are between 9am and 3pm Mon - Fri and limited deliveries on Sat and Sun. As we are closed on public holidays, we will deliver your gift on the next available business day. 

23. Cancellation:

24. Should you need to cancel your order, the full payment will be refunded ONLY if notice is received by Boh and Blush at least 48 hours prior to the scheduled delivery date. Cancellations received with less than 48 hours notice prior to the delivery date will be charged at 50% of the total order value. We are unable to cancel any orders that have already been created and are in the process of being delivered.

25. Availability of Stock:

26. Boh and Blush endeavours to fulfil our customer's orders, however if for any reason the goods ordered are unavailable, Boh and Blush reserves the right to substitute the order with alternative goods that are of equivalent or of reasonable value to the original order.

27. Product Descriptions:

28. We aim to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour. Flowers are seasonal and are subject to availability on the day and may be substituted. All prices quoted are in Australian dollars and are inclusive of GST. Packaging and postage is an additional charge, calculated at time of purchase.

29. When you order from us, we require you to provide your name, address for delivery, your email address, and telephone contact. We undertake to take due care with this information, however in providing us with such information, you accept that we are not liable for its misuse due to error in transmission or virus or malware. 

30. Returns and Refunds:

31. Boh and Blush handles returns and processes refunds in accordance with the Australian Consumer Protection legislation. As each gift is unique, so too, are your special requirements and concerns surrounding your order. For that reason, if you would like to discuss any concerns or queries in relation to your gift, please email hello@bohandblush.com.au. Should you wish to return your order, please notify us within 24 hours of purchase with a valid reason for return. Refunds are made at the discretion of Boh and Blush.

32. Site Access:

33. We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. When you visit our website, we give you a limited license to access and use our information for personal use. You are permitted to download a copy of this information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission. Our website may have hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content, maintenance or privacy compliance of any linked website.

34. Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

35. User Comments, Feedback and other Submissions:

36. Any comment, feedback, idea or suggestion (called 'Comments') which you provide to us through this website becomes our property. If in future, we use your Comments to promote our website in any way, we will not be liable for any similarities which may appear from such use. You agree that we are allowed to use your Comments for any commercial or non-commercial purpose without compensation to you or any other person who has transmitted your Comments.

37. Copyright and Restrictions of Use:

38. This website contains material which is owned by us or licensed to us. This includes (but is not limited to), the design, the layout, look, appearance and graphics. You are not permitted to reproduce any of the documents, information or materials on the website for the purposes of sale or by the use of a third party.

39. Indemnification:

40. You agree to indemnify, defend and hold harmless Boh and Blush and any affiliates, partners, officers, directors, contractors, service providers, interns, licensors, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions, or the documents they incorporate by reference, or your violation of any law or the rights of a third party. 

41. Jurisdiction:

42. This agreement and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and Boh and Blush that results in litigation then you must submit to the jurisdiction of the courts of New South Wales. 

43. Contact Information:

44. Any questions about our Terms and Conditions should be emailed to hello@bohandblush.com.au