THESE TERMS & CONDITIONS GOVERN THE USE OF WWW.NEYDIN.COM AND THE PURCHASE OF ANY GOODS AND SERVICES FROM IT.
Neydin.com (the “site”) is operated by Neydin Holdings Pty Ltd (ACN 639 191 727) (ABN 55 639 191 727) (“Neydin” “Neydin.com” or “We”). When we say “you, your” etc., we mean the person using our site. When we say “our, we, us” etc., we mean NEYDIN HOLDINGS PTY LTD. When you use the Site, you agree to be bound by its terms, conditions, disclaimers and limitations of liability. These terms and conditions also govern the supply of any goods to you by Neydin.com, 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 Neydin.com is conditional on your acceptance without modification of the terms and conditions.
These terms and conditions supersede and exclude all prior and other discussions, dealings, representations and arrangements relating to the use of the Site and/or the supply of goods by Neydin Holdings Pty Ltd.
Any failure on the part of Neydin.com 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.
We reserve the right, at our complete discretion, to change these terms and conditions at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these terms and conditions. Your continued use of this site following the posting of changes to these terms and conditions means you accept the changes. You also acknowledge that you have read and understood these terms and conditions.
COVID-19 (Coronavirus) – as of 17/03/2020
In light of the current situation regarding COVID-19 in Australia, the following measures have been implemented until further notice from the Australian Government.
We have implemented a ‘contactless delivery’ policy with immediate effect. This means wherever possible there should be no direct contact between drivers and customers.
Drivers have been given ‘authority to leave’ for all deliveries wherever there is a safe place to leave the gift. This is to further reduce the opportunity for person to person contact.
Drivers will still be required to alert the gift recipient – either by knocking on door / ringing doorbell and ask for the recipient’s name. As this is a public health measure, ‘authority to leave’ gifts and flowers is mandatory and not optional.
For deliveries to business addresses that may be closed due to COVID-19, we are happy to send orders to an alternative address at no extra cost as long as we are informed of the address change prior to 10am on the day of delivery. An additional delivery fee will be charged for any updates to addresses after 10am on the day of delivery. It remains the customers responsibility to ensure that all delivery address details are correct and up to date.
Prices and Payment
You agree to pay for all products and services you order. Prices given on product pages exclude delivery. The price of products and services we offer may change without notice from time to time, but we will never change the price of anything you have already ordered and paid for. All prices are quoted in Australian dollars. We accept payment via credit card, PayPal and After pay. Payment card use may be subject to processing fees. Any price indications or price lists provided by Neydin Holdings Pty Ltd are subject to alteration at any time without notice.
Incorrect and incomplete addresses
You must supply us with the correct information for the recipient and delivery details. This includes their valid address; phone number; and email address. We accept no liability arising out of your failure to provide us with the correct information for the recipient and delivery details, and our failure to contact the recipient and/or customer; incorrect delivery or undelivered goods arising due to the incorrect information that was provided by you. We deliver your order as per your instructions and take no responsibility for the mistake. Any issues with respect to the incorrect delivery address or delivery details must be raised with us within one (1) day of the delivery date of your order. We accept no liability for any issues with
your delivery after one (1) day of the delivery date.
Additional delivery fees and/or cost to replace the goods may apply if you require us to redeliver the goods to the correct delivery details. Once the goods are delivered in accordance with your delivery instructions, we accept no responsibility for the goods and they become your responsibility or that of the recipient. If we are unable to deliver to an incorrect or incomplete address and the order is returned to Neydin.com, we can redeliver, but you will incur an additional delivery charge, as well as a product replacement fee for any perishable items, such as flowers or chocolates, that need to be replaced or replenished.
To prevent this from happening, we stress and request that our customers enter all correct details at the time of ordering, so that the chances of mishaps occurring is significantly lessened.
Neydin.com has sole discretion to accept or reject any order or any variation or modification of an order. Neydin.com has sole discretion to accept or reject any order cancellation request. Neydin.com expressly reserves the right to cancel and/or refund any order placed and/or paid for.
Changes to your order
If you wish to make any changes to your order, please do so either by phone on +61 499 292 955, or email us on [email protected] . Please note that any changes to your order (delivery address, card message, or additional items) must be made by 5pm the day before delivery. This ensures that we have enough time to amend your order before delivery. Please note that, once your order has been processed, cancellation of your order is possible only in special circumstances and at our discretion.
Flower and product substitution and availability
Our Substitution Policy – Sometimes substitution is necessary to guarantee top quality.
At Neydin.com, we aim to create and deliver a replica of the chosen product that has been advertised on our website. However, we must announce that all products found on our website are only a guide and that flowers, plants, wrapping and containers are subject to change depending on the seasonal availability and time of year, as well as the availability of stock at the time of order and delivery. In the case that the product or flower is unavailable, we will try our paramount best to substitute the product or flower with a close resemblance or other product/ flower that complements the image on the website. If the substitution is significant, we will endevour to contact you and notify you of the change/s. If we are unable to contact you prior to the time we make up your order, we will assume that you accept the substitution. The packaging of the flowers and other products may vary from that shown in images on our website. This policy applies to all deliveries and orders, and we reserve the right to substitute goods of equal or greater value.
At Neydin.com we pride ourselves with our supherb attention to detail and only use the freshest perfect blooms available. On very rare occasions, despite our best efforts and in unforseen circumstances, flowers may be accidentally damaged in transit or arrive at their destination damaged. Although our couriers are extremely careful and take pictures of delivered items, mishaps can happen. If this occurs, please take a photograph of the full damage and contact us immediately so that we can arrange a replacement or refund. This is done at our descretion. (Please note it may be necessary to return the original product, if so, we will instruct our driver to pick up the damaged item so we can assess it).
The cost of delivery is dependent on suburbs. This is subject to change and will be updated on our website as the changes occur. Our delivery hours are between 10.00am and 7.00pm. Please note we are not able to guarantee delivery at a specific time of day. Our courier partners do not provide same day or next day delivery services to regional parts of Victoria. In the circumstance of the gift not being received by the recipient within four days of the chosen dispatch date, we will contact our third-party logistics company to launch an investigation. We aim to provide a resolution within 24 hours of the investigation launch. Unfortunately, we cannot send to PO Boxes as part of our same day delivery option.
Orders must be received before 12:00 a.m. in the recipient’s time zone to assure same-day delivery. Orders received after that time will be delivered the following day. If your order is urgent, same day delivery is available after the cut off time of 12pm at an additional cost, and delivered by our third-party couriers. Please contact us directly on 0499 292 955 for all urgent orders. Flower deliveries to residential addresses usually occur between 9:00am and 7:00pm, and flower deliveries to business addresses generally occur between 9:00am and 5:00pm. Please note that these delivery times will likely be extended during busy floral events including (but not limited to) Mother’s Day, Valentine’s Day and Christmas.
There are some locations due to their remoteness that cannot be guaranteed for same day delivery. If this is the case Neydin.com will contact you to discuss alternate delivery options.
If the flowers are for a timed event (for example, a funeral or business function), we require prior notice of atleast 24 hours. Please contact us and our friendly florists will do their best to assist. However, we strongly recommend that you also provide us with an alternative address so the flowers can be delivered elsewhere if too late for the timed event.
Third-Party Courier Service
Neydin.com uses reputable third-party contract couriers to deliver flowers and gifts across Melbourne, Victoria. Due to the reliance on third party courier services, Neydin.com cannot be held responsible for delays during transit. Whilst every care is taken to ensure accurate and safe delivery, we cannot guarantee unforeseen circumstances, such as damage or delay that results in a gift not arriving at a certain time or place. Once a gift has been delivered to a concierge or front desk at the address specified, we cannot be held responsible for the gift getting to the recipient. In regards to hospital deliveries, if the patient has been discharged, or if the specific ward will not accept flowers and gifts due to health reasons, the gift will be returned to Neydin HQ and a re-delivery fee will apply. It is your responsibility to check that the patient is still checked into hospital and that they are able to receive product delivery. In the unfortunate event of a delay or delivery issue Neydin.com will work with the customer to assist in resolving any issues that may be a result of a third-party failure.
A gift is considered as undeliverable if the Recipient’s address is incomplete, incorrect or cannot be located, there is no one at home to receive the gift and there is nowhere safe to leave the gift/product or the delivery is refused by the recipient before opening the package.
All undeliverable gifts will either be returned to Neydin HQ where the customer will be liable for all charges and fees incurred in returning, storing or disposing of an undeliverable gift. If re delivery is not accepted by you, and if an additional payable fee (i.e. Courier fee) is declined by you, then you must collect the items yourself. Refund is not possible. Due to the perishable nature of some of our products (e.g. flowers) it is strongly advised that customers or recipients collect their gift within 24 hours. Neydin.com cannot be held responsible for delays in the collection and pick-up of gifts and is not liable for the quality and condition of perishable goods, such as flowers, that have not been collected within a 24-hour time frame from the date and time of attempted delivery.
Sunday and Public Holiday Delivery:
As most couriers do not work on Sundays and public holidays delivery of flowers is generally not available. Orders received on Sundays or public holidays, or placed Saturday for Sunday delivery, will be delivered on the next working day without notice to the customer. We do not operate on Sundays and public holidays but this does not apply to busy floral events including (but not limited to) Mother’s Day, Valentine’s Day and Christmas. If you require a special delivery or urgent delivery which falls on a Sunday or public holiday, please let us know in advanced so we may be able to provide special service to you. Please be advised that an additional fee may be payable for such requests and flowers/products will be subject to availability.
BUSINESS, HOSPITALS AND HOTEL DELIVERIES
Due to delivery restrictions and security requirements at many businesses and hotels and hospitals, our couriers may not be allowed to deliver your order directly to the recipient. In many cases, your order will be delivered to the receiving department or concierge and then to the recipient. Unfortunately, this may create a delay in delivery. We ask that you please keep this in mind when scheduling the delivery for your order.
It is your responsibility to ensure the recipient will be at the address you provide to us and also your responsibility to check with any Hospitals, hotels or businesses on what their requirements, rules and regulations regarding to gift delivery are.
Special Delivery Instructions
Specific delivery times may be requested for orders however Neydin.com CANNOT unfortunately guarantee that it may be accomplished unless prior arrangements have been made with one of our main staff members. It must be informed that some special delivery requests may require additional fees. In the case where arrangements have not been made with a staff member, we will still make every effort fulfil the request and satisfy our customers. In saying this, we take no responsibility for courier delays.
For Funeral services we request that customers contact us beforehand or discuss important details with us at the time of order so that conditions will be suitable.
Gifts which include Alcohol and Liquor
A variety of gifts and hampers are available with our flower arrangements and as sweet bundles and add-ons, which include alcohol. Our alcohol comes genuinely with our gifts and hampers, and is not to be sold separately. Our bottles of alcohol do not exceed 2 litres.
The Liquor Control Act 1998 states that a person under 18 years of age is not to be sold or supplies with alcohol. Because of this, gifts and hampers that include alcohol cannot be delivered to or accepted by a purchaser that is under 18 years of age; our gifts and hampers also cannot be left on premises without an adult available to receive the gift and hamper. Failing this, pickup or re delivery must be arranged and we will contact you to make these arrangements. Re-delivery fees apply. Unfortunately, replacements and refunds are not available in this instance.
Gifts must be delivered between the hours of 9am and 9pm.
Cancellation of an Order
We must note that all cancellations that occur after an order will be charged with a cancellation fee.
After an order, cancellations that are received LESS THAN 24 HOURS before the due date of the delivery is charged a fee of 50% of the total order value.
After an order, cancellations that are received MORE THAN 24 HOURS before the due date of the delivery is a $15 administration fee.
Regrettably, orders that are already made and prepared, or on the way to delivery, are unable to be cancelled.
REFUND & REPLACEMENT POLICY
At Neydin.com we pride ourselves with our customer service and satisfaction and will go above and beyond for our respected customers. Although our products are Luxe, and our moto is Quality is never a coincidence, we are all human and from time to time mishaps can happen. If you are dissatisfied with our products or services, we ask that you contact us as soon as possible, so that we may assist you with the best possible outcome for you, our dear customers.
To qualify for a refund or a replacement of product, please read the following conditions outlined below:
1. A clear photograph of the entire product (flowers or gifts) must be taken, (for bouquets, the flowers must be taken out of the gift wrapping ) and emailed to us within 48 hours (2 days) of delivery at [email protected] Alternatively, you may contact us on 0499292955 during business hours to report about the issue.
2. Proper care of the flowers, bouquets and arrangements must be taken. A flower care card is provided with your flowers, you must follow these care instructions to prolong the life of your cut flowers. We cannot guarantee the longevity, or freshness of cut flowers that have not been cared for or watered.
3. If damage of product is determined by us, whether it was damaged by the courier, or in transit, or if we deem the product photograph to be below the high quality we uphold, then we will offer to replace your product with a similar (or same if available) product.
4. In the rare event that your flowers/gifts are not delivered, we will provide a free replacement or offer you a full refund.
5. In the event that your ordered item is delivered late due to an incorrect address supplied by you, or if a recipient is not home to receive the item; in these circumstances, we cannot provide a refund or a replacement.
6. If your order has arrived late due to a natural disaster, severe weather conditions or traffic incidents, we are not able to provide a replacement or refund in these unforeseen situations that can slow our couriers down.
7. Due to seasonal availability, some flower types are not available. In these instances, Neydin.com reserves the right to substitute similar flowers of equal or greater quality. (The substitution policy can be found at the bottom of our website outlined in our Terms and conditions.) We do not offer refunds or replacements on substituted flowers. We appreciate your understanding in this matter and would like to note that at times we are limited by availability of flowers, and sometimes the quality is not up to our standards, therefore, substitution is necessary to ensure quality.
8. Although we endeavor to replicate each product on our website, each is a work of art made by a skilled floral designer, with his/her own flair. Sometimes they may slightly vary, in design, we cannot offer replacements or refunds for slight design changes.
9. A lot of the time, our flowers will be arranged in bud. This is a sign of freshness and longevity. Where possible we will include open blooms but we are against the use of completely opened blooms, due to the quality and short life span of completely bloomed flowers. Quality is never a coincidence at Neydin, so we put our name on the line for it. If your flowers arrive in bud, please enjoy them and be patient, we promise they will bloom. We are unable to provide replacements or refunds for fresh flowers that are in bud.
All refunds for orders placed online are credited back to the original source of payment (credit card, After-pay or PayPal.)
Subject to any statutory rights you may have (including under the Australian Consumer Law) which cannot be excluded, you agree we have completely discharged our obligations, and any liability we may have, to you.
If you have any further questions in regards to our replacement and refund policy, please do not hesitate to contact us via email, phone or WhatsApp messenger. You are important to us and We are here to help you.
Liability and General matters
We are not liable to you for any consequential, indirect, special, punitive, remote or incidental damages or for any loss of profit, loss of data, loss of goodwill, loss of business, loss of opportunity, increased financing costs, or any failure to realize anticipated savings or any type of commercial or economic loss. All goods supplied to you come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied to you fail to meet a consumer guarantee under the Australian Consumer Law. Nothing in this document excludes, restricts or modifies any condition, guarantee, warranty, right or liability protected by law to the extent that such exclusion, restriction or modification would render this document or any provision of this document void, illegal or unenforceable. Save for in relation to claims you make under the Australian Consumer Law, the maximum amount we will be liable to you in connection with any claim (or claims) you make in relation to your use of our sites and buying products from us is limited in
aggregate to the amounts you have paid us for the provision of goods or services. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise. You own the intellectual property rights in the data you provide us. We own (or have rights to use) all other intellectual property existing in and developed in connection with this site. You have no rights to use in any way any of our intellectual property including but not limited to using, copying, embedding (in another website) any design, text, marks and graphics appearing on our site. These terms and conditions may be amended from time to time and it is your responsibility to appraise yourself of the current version applying to your orders by checking this site for the latest version of this document. This
site may contain links to external websites that are not operated by us and you agree that no representations or warranties are made by us in connection with those links and that we have any responsibility or liability for those websites and that the provision of the links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites. If any provision of this document is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. Headings are for reference purposes only and do not form part of this document. Any failure to act on a breach by you or others doesn’t waive the right to act on subsequent or similar breaches. All sections which by their nature are intended to survive termination of this document will be deemed to survive. This document is governed by the laws of Victoria, Australia.
Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and the jurisdictional selection provision above does not apply to any claim you may have under the Australian Consumer Law. If you need further assistance please contact us on [email protected]
To the fullest extent permitted by applicable law, you understand and agree that neither Neydin.com 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, unauthorized 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.
Your use of the Site is at your sole risk. The Site 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. Neydin.com 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, Neydin Holdings Pty Ltd 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.
Bug/Security issue reporting
If you encounter any technical difficulties on our site, find a bug or have a security concern about this site, we very much appreciate any information you might be able to report and provide in terms of what might have caused the issue for you in order to help us fix it.
RELATED TO VIRUS
Extreme care is taken to ensure that this website and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.
The fine print
All prices are shown in Australian dollars and include taxes where applicable. By visiting, using and ordering from our website you agree to be bound by the terms and conditions set out by Neydin.com
Prices of goods and services and delivery and other charges displayed on the Neydin.com website are current at the time of display. These prices are subject to variation without notice.
These Terms and Conditions govern the use of Neydin.com (the website) and the purchase of any goods from it By accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability (“Terms and Conditions”). Neydin.com reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.
The Site is operated by Neydin Holdings Pty Ltd in Victoria, Australia. The laws of Victoria, Australia govern these terms and conditions and your use of the Site, and you irrevocably consent to the jurisdiction of competent courts located in Victoria, Australia for any action to enforce these terms and