Terms & Conditions
KATE HILL GLOBAL PTY LTD (ABN 31 125 608 991)
Trading as Kate Hill Flowers
TERMS & CONDITIONS
Last Updated: 28th February 2025
1. Introduction
1.1 Operator
This website (“Site”) is owned and operated by Kate Hill Global Pty Ltd (ABN 31 125 608 991), trading as Kate Hill Flowers (referred to as “we,” “us,” or “our”). By accessing or using the Site, or purchasing our products or services, you (“you,” “user,” or “customer”) agree to be bound by these Terms & Conditions.
1.2 Scope
These Terms & Conditions govern your use of the Site and the provision of goods and services by Kate Hill Flowers. They supersede any prior discussions, arrangements, or agreements relating to the subject matter herein.
1.3 Acceptance
By visiting the Site and/or purchasing something from us, you engage our “Service” and agree to comply with these Terms & Conditions, including any additional terms, conditions, or policies referenced herein or available via hyperlink. If you do not agree, you must discontinue use of the Site.
2. Use of the Site
2.1 Age of Majority
You represent that you are at least the age of majority in your state or territory of residence, or that you have the consent of a legal guardian who is the age of majority to use this Site.
2.2 Prohibited Activities
You must not use the Site or its content for any unlawful purpose or in breach of these Terms & Conditions. Prohibited activities include, but are not limited to, uploading viruses or malicious code, infringing intellectual property rights, harassing or discriminating against others, or misusing the Site’s functionality in any manner that could harm us or other users.
2.3 Right to Refuse or Restrict
We reserve the right to refuse service, restrict access, or terminate accounts at any time if we have reasonable grounds to suspect that a violation of these Terms & Conditions has occurred or may occur.
3. Orders & Pricing
3.1 Order Acceptance
We have sole discretion to accept or reject any order. Once you place an order (online, via phone, or other means), it becomes valid only when we provide an order confirmation. We may cancel or refund any order in our discretion if, for example, a product is out of stock or we suspect fraudulent activity.
3.2 Pricing & Modifications
- All prices listed are in Australian Dollars (AUD) unless otherwise stated.
- We reserve the right to modify pricing, promotions, or product information at any time, without notice.
- Any promotions or discounts cannot generally be combined unless specified.
3.3 Billing & Account Information
- You agree to provide current, complete, and accurate payment and account details.
- We reserve the right to limit or cancel orders per person, per household, or per order if we suspect misuse (e.g., bulk or reseller activity).
- If we change or cancel an order, we may attempt to notify you using the email, billing address, or phone number provided at the time of the order.
4. Subscription Orders (If Applicable)
4.1 Subscription Term
If you enter into a recurring subscription (e.g., weekly, fortnightly, or monthly flower deliveries), the subscription continues until you cancel it in accordance with our cancellation policy.
4.2 Cancellation
You must cancel any scheduled subscription delivery before the cut-off specified on the Site (e.g., 11.59 pm the day prior) to avoid charges for that delivery cycle. Failure to do so may result in the next scheduled delivery and associated fee proceeding as normal.
5. Delivery
5.1 Delivery Areas & Times
We deliver throughout select areas of Victoria (and possibly other regions, as specified). We strive to fulfil your order on your requested delivery date and will make every reasonable effort to do so. However, exact delivery times cannot be guaranteed, as unforeseen circumstances (such as traffic, weather conditions, or courier delays) may arise. Should any significant delay occur, we will do our best to keep you informed and arrange alternative solutions where possible.
5.2 Leaving Orders Unattended
- If you or the recipient is not present at the time of delivery, we or our driver may use discretion to leave the order in a safe place, or with a neighbour, concierge, or building security. Our responsibility ends once the items are left, and we are not liable for any damage or theft thereafter.
- If it is unsafe to leave the items, they may be returned to our store, and a re-delivery fee may apply.
5.3 Delivery of Alcohol
- Legal Age: You must be at least 18 years old to purchase or receive alcohol.
- Responsible Service: We support the Responsible Service of Alcohol. We will not leave alcohol unattended or deliver to a minor.
- Quantity Limits: Orders containing alcohol must comply with relevant licensing laws, including any per-recipient volume restrictions (e.g., 1.5 litres).
5.4 Public Holidays & Restricted Sites
- We do not generally deliver on public holidays unless otherwise stated. Orders scheduled for these days may be delayed to the next business day.
- For deliveries to hospitals, schools, or other secure facilities, our responsibility ends once the goods are accepted by facility staff or a mailroom.
6. Flower Substitution & Availability
6.1 Seasonal Variations
Flowers are a perishable and seasonal product. While we strive to replicate the images and descriptions on the Site, variations in colour, size, and availability may arise due to market or supplier conditions.
6.2 Substitutions
- If a requested flower or colour is unavailable, we will substitute with a bloom of similar style and equal or greater value.
- For significant substitutions, we will attempt to contact you. If unreachable, we proceed with our best judgment to ensure a beautiful arrangement.
6.3 Image Representation
All product photos and images on the Site or in marketing materials are indicative only. The actual arrangement may differ slightly in appearance due to natural variations.
7. Returns, Refunds & Customer Guarantees
7.1 Refund & Returns Policy
All returns, refunds, and replacements are governed by our Refund & Returns Policy. We adhere to our policy in line with the Australian Consumer Law.
7.2 Australian Consumer Law
Nothing in these Terms & Conditions excludes or modifies the guarantees and rights you have under the Competition and Consumer Act 2010 (Cth) and other laws. You are entitled to a remedy if there is a major failure of our goods or services.
8. Disclaimer of Warranties
8.1 As-Is Basis
We provide the Site, and any products or services delivered to you, “as is” and “as available,” without any warranty or condition, express or implied, except as required by law.
8.2 No Guarantee of Availability
We do not warrant that the Site will be uninterrupted, timely, secure, or error-free, or that any errors will be corrected. We may suspend or remove the Site (or any portion of it) at any time.
8.3 No Other Representations
To the maximum extent permitted by law, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement are expressly disclaimed.
9. Limitation of Liability
9.1 Indirect Losses
To the fullest extent permitted by law, we (including our directors, officers, employees, agents, contractors, suppliers, or licensors) are not liable for any indirect, incidental, special, or consequential damages (including loss of profits, data, or goodwill) arising from your use of the Site or our products/services.
9.2 Maximum Liability
Where we cannot lawfully exclude our liability, but may lawfully limit it, our liability is limited to, at our option, resupplying the goods or services, or the cost of resupply.
9.3 ACL Rights Preserved
Nothing in these Terms & Conditions excludes your rights under the Australian Consumer Law or other applicable legislation.
10. Intellectual Property & Content
10.1 Ownership
All content (text, images, logos, graphics, videos) on the Site is owned or licensed by Kate Hill Flowers and protected by Australian and international copyright and trademark laws.
10.2 License & Restrictions
You may download or print portions of the Site content solely for personal, non-commercial use. You must not modify, copy, distribute, transmit, publish, or create derivative works from any material or information on the Site without our express written consent.
10.3 User Submissions
If you submit feedback, ideas, suggestions, or other content to us (online, via email, or otherwise), you grant us a non-exclusive, royalty-free, perpetual, and irrevocable license to use, publish, edit, or reproduce such content in any medium. We are not obligated to maintain such submissions in confidence or pay compensation for them.
11. Third-Party Links, Tools & Services
11.1 External Links
The Site may contain links to third-party websites or resources not controlled or operated by us. We are not responsible for the content, policies, or practices of these external sites, and accessing them is at your own risk.
11.2 Third-Party Tools
We may provide access to third-party tools (e.g., through plug-ins or APIs) “as is” without warranty, representation, or endorsement. Your use of such tools is entirely at your own risk and discretion, and it is your responsibility to review the terms governing them.
11.3 No Liability for Third Parties
We have no liability arising from or related to your use of third-party websites, tools, or services.
12. Promotions & Social Media Competitions
12.1 Instagram & Social Media
From time to time, we may run promotions, giveaways, or contests on Instagram or other platforms. Such promotions are not sponsored, endorsed, or administered by the platform unless explicitly stated. Participation indicates your release of the platform from any liability related to the promotion.
12.2 Disqualification
We reserve the right to remove any entry and disqualify participants at our discretion (e.g., if the entry is deemed inappropriate or fraudulent).
12.3 Prize Terms
Winners will be notified by direct message or email. Prizes, vouchers, or codes are not transferable or redeemable for cash unless expressly stated. We reserve the right to substitute a prize of equal or greater value.
13. Indemnification
You agree to indemnify, defend, and hold harmless Kate Hill Flowers, its affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from any claim or demand (including legal fees) arising out of your breach of these Terms & Conditions or violation of any law or the rights of a third party.
14. Security & Bug Reporting
14.1 Security Obligations
You must not attempt to interfere with the proper functioning of the Site or any associated system (e.g., hacking, introducing viruses, or bypassing security measures).
14.2 Reporting Issues
If you discover a bug or security vulnerability, please notify us promptly at [Insert Security Contact Email] with details so we can take corrective measures.
15. Privacy & Data Handling
Any personal information collected through the Site is handled according to our Privacy Policy, which forms part of these Terms & Conditions. By using our Site, you consent to the collection, use, and disclosure of your personal information in compliance with our Privacy Policy and applicable Australian privacy laws.
16. Force Majeure
We are not liable for any delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by events beyond our reasonable control, such as acts of God, natural disasters, war, civil unrest, strikes, lockouts, pandemics, government actions, or disruptions to telecommunications or internet services.
17. No Waiver
Our failure to exercise or enforce any right or provision of these Terms & Conditions does not constitute a waiver of such right or provision. Any waiver is effective only if in writing and signed by our authorised representative.
18. Severability
If any provision of these Terms & Conditions is found to be invalid, unenforceable, or void under applicable law, that provision is deemed severed from the remainder, which remains valid and enforceable.
19. Termination
We or you may terminate this agreement at any time. Upon termination, you remain liable for all outstanding amounts due. The obligations and liabilities incurred prior to termination survive the termination of these Terms & Conditions for all purposes.
20. Entire Agreement
These Terms & Conditions, along with any policies or operating rules referenced (including our Refund & Returns Policy and Privacy Policy), constitute the entire agreement between you and us regarding your use of the Site and our services, superseding all prior or contemporaneous communications and proposals.
21. Governing Law & Jurisdiction
These Terms & Conditions are governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts in that State or location. We make no representations that the Site is appropriate or available for use in other jurisdictions.
22. Changes to Terms & Conditions
We reserve the right to update, change, or replace any part of these Terms & Conditions at our sole discretion by posting revisions on this page. It is your responsibility to check periodically for updates. Your continued use of the Site after any changes are posted constitutes acceptance of those changes.
23. Contact Information
If you have questions about these Terms & Conditions, or if you need further assistance, please contact us at:
Kate Hill Flowers
Address: 440 City Road, Southbank, VIC 3006, Australia
Phone: +61 (3) 9510 8800
Thank you for choosing Kate Hill Flowers. We look forward to providing you with exceptional service and world class floral design.