Terms of service

OVERVIEW

Welcome to D&B FLORIQUE! The terms “we”, “us” and “our” refer to D&B FLORIQUE Pty Ltd (ABN 14 683 460 862), an Australian private limited company based in Sydney, New South Wales. D&B FLORIQUE operates this online store and website, including all related information, content, features, tools, products and services, to provide you (the customer) with a curated shopping experience (the “Services”). Our store is powered by Shopify, which enables us to provide these Services to you.

These terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using our Services. Please read these Terms of Service carefully, as they contain important information about your legal rights (including warranty disclaimers and limitations of liability).

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and by our Privacy Policy. If you do not agree to these Terms of Service or to our Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least 18 years old (or the age of majority in your state, territory or jurisdiction of residence), and you consent to any of your minor dependents using the Services under your supervision on devices you own or control.

To use the Services – including accessing or browsing our online store or purchasing any products or services – you may be required to provide certain information, such as your email address, billing details, payment information, and shipping address. You represent and warrant that all information you provide to us through the Services is accurate, current, and complete, and that you have all necessary rights and authority to provide such information.

You are responsible for maintaining the security and confidentiality of your account credentials, and for all activities that occur under your account. You must not share, transfer, sell, assign or license your account or account access to any other person. If you become aware of any unauthorised use of your account or any breach of security, you should notify us immediately.

SECTION 2 – OUR PRODUCTS

We endeavour to display and describe our products and services as accurately as possible in our online store. However, please note that the colours, images, or appearance of products on your screen may vary from the actual products due to your device’s display settings and capabilities. Minor differences in appearance or packaging between the online images and the actual product may occur.

To the extent permitted by law, we do not warrant that the quality, features, or appearance of any products or services purchased by you will meet your individual expectations or be exactly as depicted on our website. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to modify or discontinue any product at any time. We also reserve the right to limit the quantities of any products or services that we offer, to any person, household, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order through our online store, you are making an offer to purchase the product(s) in that order. We reserve the right, at our discretion, to accept or reject any order for any reason (for example, if a product is out of stock, if we suspect fraud, or in case of obvious pricing errors). Your order is not accepted and no binding contract of sale is formed until we confirm acceptance by sending you a confirmation email or otherwise notifying you that the order is accepted. We must receive your payment in full (and be able to process it) before an order will be accepted and shipped.

Please review your order carefully before submission. Once your order has been accepted and processed, we may not be able to accommodate requests to change or cancel that order. In the event we do not accept your order, or if we cancel or propose a change to your order, we will attempt to notify you using the email address, billing address or phone number provided at the time the order was placed.

Your purchases are subject to our Refund Policy and any rights you have under the Australian Consumer Law. Except as set out in our Refund Policy (or as required by law), we do not provide exchanges or refunds for change-of-mind. You also represent and warrant that any products you purchase are for your personal or household use, and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

All prices displayed in our online store are in Australian Dollars (AUD). Unless expressly stated otherwise, prices include any applicable Goods and Services Tax (“GST”). Posted prices do not include charges for shipping, handling, or any applicable customs or import duties (if any, these will be calculated and added at checkout). Prices and promotions are subject to change without notice.

The price charged for a product or service will be the price in effect at the time your order is placed (subject to correction of obvious errors), and will be reflected in your order confirmation. Prices displayed on our website may differ from prices available in physical retail stores or on other websites. We may offer special promotions or discounts from time to time; such offers may be subject to separate terms and conditions. If there is any conflict between the specific terms of a promotion and these Terms, the promotion’s terms will govern.

You agree to provide current, complete and accurate purchase and account information for all purchases made through our store. You must promptly update your account and other information (including your email address and payment details, such as credit card numbers and expiration dates) so that we can complete your transactions and contact you as needed.

You represent and warrant that you are authorised to use any payment method you provide to us, and that all payment information you provide is true, correct and complete. You authorise us to charge your chosen payment method for all charges incurred by you at our store, including any applicable shipping fees, handling charges and taxes, and you ensure that your payment provider will honour these charges.

SECTION 5 – SHIPPING AND DELIVERY

We will arrange for shipment of the products to you. Any delivery times or dates provided (for example, on the website or in confirmation emails) are estimates only and not guaranteed. While we will make reasonable efforts to meet indicated delivery timeframes, we are not liable for any delivery delays or failures that are beyond our control.

You acknowledge that we are not responsible for delays or failures caused by the shipping carrier, customs processing, or events outside our reasonable control (such as weather events, transportation disruptions, strikes, pandemics, or other force majeure events). Once we hand over or dispatch the products to the carrier for delivery to you, title and risk of loss in the products pass to you. This means that, to the extent permitted by law, we are not liable for any loss, theft, or damage to the products after they have been collected by the carrier.

SECTION 6 – INTELLECTUAL PROPERTY

Unless otherwise indicated, all content and materials made available through our Services – including but not limited to trademarks, branding, logos, text, graphics, images, audio clips, video, product designs, and the overall look and feel of the website – are owned by D&B FLORIQUE, its affiliates or licensors, and are protected by Australian and international laws on copyright, trademarks, patents, trade secrets and other intellectual property rights.

These Terms permit you to access and use the Services and its content for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services, except as automatically and incidentally occurs through your normal use of our Services (such as caching for personal viewing), or as expressly permitted by us in writing. You must not remove or alter any copyright, trademark or other proprietary notices from materials downloaded or printed from our Services.

Except as expressly provided in these Terms, we do not grant you any licence or other rights under any intellectual property laws (including under any of our patents, trademarks or copyrights, or those of Shopify or any third party). Any unauthorised use of the Services or its content may violate intellectual property laws and could result in termination of your rights to use the Services. All rights not expressly granted to you in these Terms are reserved by D&B FLORIQUE and its licensors.

D&B FLORIQUE’s name, logos, product and service names, designs and slogans are trademarks (or trade marks) of D&B FLORIQUE or its affiliates or licensors. You must not use such trademarks without the prior written permission of D&B FLORIQUE. All other names, logos, product and service names, designs, and slogans on the Services are the registered or unregistered trademarks of their respective owners (including “Shopify”, which is a trademark of Shopify Inc.).

SECTION 7 – OPTIONAL THIRD-PARTY TOOLS

We may provide you with access to third-party tools or features (over which we have no control or input) as part of the Services. You acknowledge and agree that we provide access to such third-party tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement. We have no liability whatsoever arising from or relating to your use of optional third-party tools offered through the Services.

Any use by you of optional third-party tools or features accessible through the site is entirely at your own risk and discretion. It is your responsibility to ensure that you review and agree to the terms on which those tools are provided by the relevant third-party provider. In the future, we may also offer new features, services or functionalities through the Services (including the release of new tools and resources). Any such new features or services will also be subject to these Terms of Service (unless expressly stated otherwise).

SECTION 8 – THIRD-PARTY LINKS

Our Services may include materials from third parties or hyperlinks to third-party websites or services that are not operated by us (including any embedded third-party functionality). We are not responsible for examining or evaluating the content, accuracy, or policies of any third-party materials or websites. The inclusion of any third-party link or material in our Services is provided for your convenience and does not imply our endorsement of the third party, their website, or their products and services.

If you choose to access any third-party websites or services linked from our Services, you do so at your own risk. We will not be liable for any harm or damages arising from your access to or use of any third-party websites, or from your purchase or use of any goods, services, resources, or content from any third party. Please review the third party’s own terms and conditions and privacy policies carefully before engaging in any transaction or uploading any information to their sites. Any questions, complaints, or claims regarding third-party products or services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

D&B FLORIQUE is powered by Shopify, which enables us to provide the Services to you. However, any sales or purchases you make via our online store are transactions solely between you and D&B FLORIQUE. By using our Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales relationship between you and D&B FLORIQUE, including but not limited to the fulfilment of orders, the quality of products, or any injury, damage or loss you may suffer relating to products or services you purchase from D&B FLORIQUE. You hereby expressly release Shopify and its affiliates from all claims, demands, damages, and liabilities arising out of or in any way connected with your transactions with D&B FLORIQUE.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is handled in accordance with our Privacy Policy . By using our Services, you acknowledge that you have read our Privacy Policy. Because our store is hosted on the Shopify platform, Shopify may also collect and process personal information about you through your use of the Services. Certain personal information (for example, information required to process payments or facilitate shipping) will be transmitted to and shared with Shopify as well as other third-party service providers (which may be located outside Australia) in order to enable us to provide the Services to you.

Both we and Shopify will handle your personal information in accordance with our respective privacy policies (and, where applicable, with the Australian Privacy Principles under the Privacy Act 1988 (Cth)). For more details on how we collect, use, store and disclose your personal information, please review our Privacy Policy [LINK] (and for details on how Shopify handles personal information, see Shopify’s Privacy Policy).

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, photographs, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and publicly display such Feedback in any medium for any purpose, including commercial use, without compensation to you. We may, for example, use our rights under this licence to operate, provide, evaluate, enhance and improve the Services, and to perform our obligations and exercise our rights under these Terms of Service.

You represent and warrant that: (i) you own or otherwise have all necessary rights to all Feedback you provide; (ii) if your Feedback includes reviews or endorsements, you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party’s intellectual property or these Terms of Service. You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website or within the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times or availability. While we strive for accuracy, we do not warrant that any content on the Services is error-free or complete. 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 Services (or on any related website) is inaccurate at any time without prior notice (including after you have submitted an order).

No specified update or refresh date applied in the Services (or on any related website) should be taken to indicate that all information in the Services has been modified or updated as of that date.

SECTION 13 – PROHIBITED USES

You may use our Services only for lawful purposes and in accordance with these Terms. You must not (and must not assist or permit any other person to) use the Services:

  • for any unlawful, fraudulent, or malicious purpose;

  • to violate any applicable Australian or international law, regulation, rule or ordinance;

  • to infringe upon or violate our intellectual property rights or the rights of others;

  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate or threaten any of our employees or any other person;

  • to submit false or misleading information;

  • to upload, transmit or distribute any viruses, worms or any other malicious or harmful code that will or may be used in any way that affects the functionality or security of the Services or any related website, other websites, or the Internet;

  • to collect or track the personal information of others by any unlawful or unauthorised means;

  • to spam, phish, pharm, pretext, spider, crawl, or scrape the Services without our prior permission;

  • to impersonate any person or entity, or to mislead us or others as to your identity or affiliation;

  • to interfere with or circumvent the security features of the Services, Shopify’s platform, any related website, other websites, or the Internet; or

  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm D&B FLORIQUE, Shopify or users of the Services, or expose them to liability.

We reserve the right, in our sole discretion, to suspend or terminate your access to the Services (including your account) at any time without notice if you engage in any of the prohibited uses or otherwise violate these Terms of Service. Engaging in any of the prohibited activities may also result in legal action, civil or criminal penalties, and other consequences as permitted by law.

SECTION 14 – TERMINATION

We may terminate this agreement and/or revoke your right to access and use the Services (or any part thereof) at any time, without prior notice, if you breach any provision of these Terms or for any other reason in our sole discretion. In the event of termination, you will remain liable for all amounts due up to and including the date of termination.

All provisions of these Terms of Service which by their nature should survive termination shall continue in full force and effect following any termination of your access or of this agreement. This includes, without limitation, provisions relating to Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, and any other provisions which are necessary to interpret or enforce the parties’ rights and obligations after termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The information and content presented on or through the Services are provided for general information purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY SET OUT BY D&B FLORIQUE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION, GUARANTEE OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES (BUT IS NOT LIMITED TO) ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

To the extent that any applicable law (such as the Australian Consumer Law) provides you with certain non-excludable rights (including guarantees, warranties, conditions or remedies) in respect of goods or services we provide, nothing in these Terms is intended to exclude, restrict or modify those statutory rights. Any warranties that are implied by law which cannot be lawfully excluded are limited to the fullest extent permitted by law.

SECTION 16 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL D&B FLORIQUE, NOR OUR AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS (INCLUDING SHOPIFY AND ITS AFFILIATES), BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF GOODWILL, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM OR IN CONNECTION WITH: (A) YOUR USE OF (OR INABILITY TO USE) THE SERVICES OR ANY PRODUCTS PROCURED VIA THE SERVICES; (B) ANY ACT OR OMISSION BY US (REGARDLESS OF FAULT) IN CONNECTION WITH THE SERVICES OR ANY PRODUCTS; OR (C) ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCT TRANSMITTED, POSTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.

Nothing in this Section 16 is intended to exclude any liability that we are not permitted to exclude under applicable law. If we are liable for a breach of a non-excludable condition or guarantee implied by law, our liability is (where permitted by law) limited to, at our election, the resupply of the relevant goods or services or the payment of the cost of having the goods or services resupplied.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless D&B FLORIQUE, Shopify, and each of our respective affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees (the “Indemnified Parties”), from and against any claim, demand, loss, liability, damage, or expense (including reasonable legal fees) made by any third party, due to or arising out of: (a) your breach of these Terms of Service or any document incorporated by reference into these Terms; (b) your violation of any law or the rights of a third party; or (c) your access to or use of the Services.

We will promptly notify you of any claim for which we seek an indemnity (provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced by that failure). We have the right to assume the exclusive defence and control of any matter subject to indemnification by you, at your cost, and you agree to cooperate with us in the defence of such claims. You must not settle any claim requiring non-monetary obligations from an Indemnified Party without our prior written consent (which will not be unreasonably withheld).

SECTION 18 – SEVERABILITY

In the event that any provision of these Terms of Service is found to be invalid, unlawful or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this site or in relation to the Services, constitute the entire agreement and understanding between you and us, and govern your use of the Services. These Terms supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT

You may not delegate, transfer or assign these Terms of Service or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate our rights and obligations under these Terms (in whole or in part) to another party at any time without consent or notice to you.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New South Wales and the Commonwealth of Australia. You and D&B FLORIQUE agree that the courts of New South Wales shall have jurisdiction to resolve any disputes arising in relation to these Terms or the Services, and you consent to the jurisdiction of such courts.

SECTION 22 – HEADINGS

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updated Terms on our website. It is your responsibility to check our website periodically for changes to the Terms. When we make material changes to these Terms, we will notify you by email or by posting a notice on our website in accordance with applicable law. Any changes to the Terms will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us at contactdb@dbflorique.com.au.