TERMS & CONDITIONS
Localgather.com.au (the “Site”) is owned and operated by A Sweet Event trading as Local Gather (ABN 15 860 954 601 ) (“Local Gather”, “We” or “Us”). Any use of localgather.com.au is in total agreement with the terms and conditions that are outlined below. These terms and conditions also govern the supply of any goods to you by Local Gather whether facilitated by the Site or by any other means. If you do not agree to these terms and conditions, you should immediately cease use of the Site. The use of the Site and the provision of goods to you by Local Gather is conditional on your acceptance without modification of these terms and conditions.
These terms and conditions supersede and exclude all prior/other dealings, discussions, representations and/or arrangements relating to the use of the Site and/or the supply of goods by Local Gather.
Any failure on the part of Local Gather to exercise or any delay in exercising any right, power or remedy pursuant to these terms and conditions does not operate as a waiver. If any term of these terms and conditions is unenforceable or invalid, such term(s) will be severed and the remaining terms will continue to bind the parties.
Local Gather reserves the right, at our complete discretion, to revise these terms and conditions at any time by posting new/revised terms on the Site. Your continued use of this site following the posting of changes to these terms and conditions means you accept the changes. It is your responsibility to check periodically for any changes we may make to these terms and conditions.
Local Gather has the sole discretion to accept or reject any order or any variation, modification, or cancellation request of an order. Local Gather If you have entered into a subscription arrangement to receive flowers on a regular basis either weekly, fortnightly or monthly, you agree that your subscription will continue until such time as it is cancelled by you. If you wish to cancel your subscription you must do so prior to 11.59 pm on the day prior to your next scheduled delivery.
PURCHASE AND SALE OF ALCOHOL
Local Gather supports the responsible service of alcohol.
- Under South Australian Legislation, gifts containing alcohol can only be purchased if both the purchaser and the recipient are age 18 years or above. It is an offence to sell or supply alcohol on behalf of a person under the age of 18 years.
- By completing the checkout process, the purchaser represents that both they and the recipient, are 18 years old or above. The purchaser accepts that it is an offence falsely represent they are of legal age to purchase alcohol and to obtain alcohol on behalf of a person who is under 18 years.
- Deliveries containing alcohol must be received at the delivery address by a person who is 18 years or over. The recipient may be required to provide a valid identification for proof of age and sign for the products.
- Deliveries containing alcohol cannot be left unattended at premises. If re-delivery is required, there may be an additional re-delivery fee.
All reasonable efforts will be made by Local Gather to have flower and/or any other goods ordered, delivered to you on the date they are ordered. However, under these terms and conditions time is not of the essence and Local Gather shall not be liable for any failure to deliver or delay in deliver for any reason.
It is the customer’s responsibility to ensure that the address provided is correct. If you are unsure if the recipient will be home, please advise a safe place to leave the flowers in the event that no one is available to accept them, you can do this on the cart page under 'special delivery instructions.' If special instructions are not received, we will try to find a safe place to leave the flowers. If there is no safe place to leave the flowers or the wrong delivery address was given they will be returned to our studio for re-delivery the following day (this will incur a re-delivery fee).
Please note: We can not accept responsibility for any orders which are lost or stolen when left unattended. Nor can we accept responsibility for any incorrect or invalid delivery addresses. If the weather is not ideal for the flowers (eg, too hot, rain, wind) and the flowers aren’t directly accepted by the receiver we are not liable for what happens to the flowers when they are left unattended. Flowers are only left with the stems wrapped in moist paper towel and cellophane while this is sufficient during the cooler months this will not however keep the flowers alive when it is extremely hot. This also includes our gifts (eg. chocolates and other foods/drinks), we cannot accept responsibility for melted or spoiled gifts due to having to be left unattended.
Local Gather expressly reserves the right to cancel and/or refund or exchange, any order placed and/or paid for.
All price indications or price lists provided by Local Gather are subject to alteration at any time without notice. To avoid any doubt this includes subscription arrangements.
It is the customer’s responsibility to ensure that the address provided is possible to deliver to. If you are unsure if the recipient will be home, please advise a safe place to leave the flowers in the event that no one is available to accept them.
Special delivery instructions can be entered during checkout. If special instructions are not received, our couriers will try to find a safe place to leave the flowers- such as the front verandah of a house or at the front door of an apartment. If there is no safe place to leave the flowers or the wrong delivery address was given they will be returned to our studio for re-delivery the following day (this will incur a re-delivery fee).
Please note: We can not accept responsibility for any orders which are lost or stolen when left unattended. Nor can we accept responsibility for any incorrect or invalid delivery addresses. If the weather is not ideal for the flowers (eg, too hot, rain, wind) and the flowers aren’t directly accepted by the receiver we are not liable for what happens to the flowers when they are left unattended. Flowers bought without a vase are only left with the stems wrapped in moist paper towel and cellophane while this is sufficient during the cooler months this will not however keep the flowers alive when it is extremely hot.
The use of the Site is at your sole risk. Localgather.com.au is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the Site or any feature or part of it at any time. Local Gather does not guarantee that prices or promotions displayed on the site are valid at time of ordering.
To the maximum extent permitted by applicable law, Local Gather expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, satisfactory quality and fitness for a particular purpose and any warranties that access to the Site will be uninterrupted or error-free, that the site will be secure, or that information on the site will be complete, accurate or timely.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, you understand and agree that neither Local Gather nor any of its third-party content providers shall be liable for any direct, indirect, incidental, special, consequential, punitive, or any other damages relating to or resulting from your use of or inability to use the Site or from any actions we take or fail to take as a result of electronic mail messages you send us. These include, but are not limited to, damages for errors, omissions, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorised access to and alteration of your transmissions and data, and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence, or otherwise, and even if we or our representatives have been negligent or have been advised of the possibility of such damages.
USE OF MATERIAL FROM THE SITE
Local Gather (including all its content) remains property of Local Gather and is protected by copyright and other laws of Australia and other countries. You use of the Site is in agreeance that you will not use any material from the Site for your personal or a related parties benefit or advantage.
The Site may contain links to other Internet sites which are not controlled, associated or affiliated with Local Gather. Local Gather is in no way responsible for any content appearing on such an Internet site or webpage. Local Gather also does not accept any responsibility or liability for any loss, damage, legal fees, costs or expense you might incur as a result of use or reliance upon the data or materials which appear at the linked Internet sites or webpages.
Localgather.com.au is operated by Local Gather in South Australia. The laws of South Australia govern these terms and conditions and your use of the Site, and you irrevocably consent to the jurisdiction of competent courts located in South Australia, for any action to enforce these terms and conditions.