Terms & Conditions

Terms & Conditions

Acceptance of terms

These terms and conditions govern all supply of goods and services ("products") by Dion and Melanie Mayes Partnership, trading as Daily Blooms, to you, the purchaser of goods and services from us, including your use of the website at www.dailyblooms.co.nz ("the website"). They are effective from 1st October 2024 and will replace all earlier Daily Blooms terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.

We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.

Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).

If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.


Delivery and delivery charges

Prices for goods and services stated on our website are exclusive of any applicable delivery charges.
We only deliver to North Shore and Rodney, Auckland street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary we in your online shopping basket.

Delivery is available Monday to Saturday and are only eligible for same day delivery if ordered before 12pm (mid-day)

We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.

It is your responsibility to supply the correct address for delivery when ordering online. Any orders delivered to an incorrect delivery address supplied will not be eligible for refund or replacement. While every attempt will be made to reclaim the incorrectly delivered goods this can no be guaranteed. Any order reclaimed and redelivered may incur a second delivery fee. If you have entered an incorrect delivery address please contact us ASAP via email and / or text.

In the instance that we can not locate the supplied address for delivery, we will contact you ASAP via email and/or text message to advise you of any applicable charges and timing restrictions. If we do not hear from you to confirm these, your order will be held until we hear back.

Pricing

All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.

An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.

Payment options

We accept the following credit cards:

Visa, MasterCard

Credit Card Security

All payments are processed via Eway and are subject to Eway terms and conditions which can be found here https://my.eway.io/rs/304-HPA-622/images/eWAY_Merchant_Services_Agreement.pdf

Substitution Policy

We attempt to make the finished product as close as possible to both your specifications and the pictured style. We guarantee our service by sending you photo confirmation of your gift. Please note that the finished product may differ slightly due to the availability of flowers, and colour levels in the store at the time.

Our focus will always be the overall look of the bouquet, eg. if a bouquet is ordered in red colours and we do not have enough variety of red flowers at the time we may substitue with similar tones in orange or dark pink.

Where possible, if significant substitution will take place, we will contact you to confirm you are OK with this. However, if the courier is about to leave - we will not risk not getting your gift there on time waiting for a reply from you and will default to the stated option in the email.

Freshest Flower Policy

It is our standard, deliberate practice to send all flowers out as tight budded flowers to give the Recipient the maximum vase life to enjoy them and ensure our 7 day quality guarantee. It also means we can ensure they arrive pristine condition, as the buds protect the petals in transit. If you feel our flowers have not met our freshest flower policy please contact us ASAP and within 7 days of recieving your order.

Money Back Guarantee

We supply only fresh flowers purchased from local markets and growers and ensure items are delivered by professional floral couriers in a way to ensure they arrive in pristine condition. Provided the proper care is administered, we guarantee a minimum of 7 days of quality, or we will replace or refund the flower value at no cost.

"Quality" is defined as arriving in an undamaged state, with flowers lasting in their vase (not 'tipping over') and having been created as closely as possible to the picture on the website (noting any special instructions provided). Our guarantee does not apply in these instances:

• when flowers are delivered in-bud (as stated above, this is by design)
• when the Recipient does not like the flower choice made by the Sender
• when upon being administered the proper care, the flower/plant state improves

We take issues regarding quality of the upmost seriousness, therefore, we will ask you to share a photo of the flowers with us by text or email within 7 days so the exact problem can be deduced, an appropriate solution agreed upon and addressed with the relevant supplier.

Cancellation Policy

If your order is cancelled anytime prior to 8am on the date of delivery, your order will be refunded to the payment device you made payment with. A processing fee of 5% will be deducted from the total amount paid. This is enforced by the payment merchant and not something we can control. To cancel your order, simply reply to your confirmation email or contact us.

"We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the Consumer Guarantees Act to provide a remedy."

Consent to Receive Communications

By completing a purchase or registering an account with Daily Blooms via our website or over the phone, you hereby consent to receive periodic promotional and informational communications from us. These communications may include newsletters, sales promotions, and announcements, sent to the email address you provide at the time of registration or purchase.

You may withdraw your consent and opt out of receiving these communications at any time by clicking the unsubscribe link provided in each email, or by contacting us directly. Withdrawal of consent will not affect the lawfulness of processing before the withdrawal.

Your data will be kept secure and confidential and shall only be used for communications with Daily Blooms. Your data will not be unsold or distributed to any third party.

Your use of our services constitutes your agreement to this consent.

Liability Limitation

Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.

We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.

To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

Applicable law and jurisdiction

Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.

Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of {New Zealand or insert your country here}. The Courts of {New Zealand or insert your country here} shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.