Terms & Conditions
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the products or services we provide on our site without notice (see below).
We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Prices shown on the Site are in Australian Dollars (AUD) and are inclusive of GST (where applicable).
Prices are subject to change effective immediately upon posting to our site or other form of notification.
While we take care to ensure that all prices quoted on our site are accurate, errors may occur. If we discover an error in the price of any product you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product you will receive a full refund. We are under no obligation to sell the product to you at the incorrect (lower) price (even after we have sent you an order confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognised by you as such.
Discount and promotional codes
Discount and promotion codes are non-transferable and there is no cash alternative. Any refunds provided in relation to goods purchased using promotional codes will be equivalent to the discounted purchase price and not the normal retail price. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
In the event of supply difficulties or because products are no longer in stock, substitutions may be necessary to ensure your order is delivered within your required timeframe. If this is the case, a substitute product of equal or greater value will be provided, whilst also ensuring that your order is as similar as possible to the requested item. We are under no obligation to inform the person who ordered the item of the change.
We reserve the right to withdraw any products from our site at any time and/or remove or edit any materials or content on our site. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an order confirmation, which we reserve the right to do at any time, at our sole discretion.
We will not be liable to you or any other third party by reason of our withdrawing any product from our site, whether it has been sold or not, removing or editing any materials or contents on our site or for refusing to process or accept an order after we have sent you the order confirmation.
Acceptance of your order
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order prior to dispatch by us, acceptance of your order and completion of the contract between you and us is subject to acceptance by us and will be completed when we email you to confirm the goods have been dispatched and have been handed over to the designated carrier. The sale contract is therefore concluded in Victoria, Australia.
Our deliveries are made by a Third Party Courier. 39 Degrees can only take responsibility of the Presentation and Content of our bouquets items until they leave our premises.
Gifts included in this website that contain alcohol may only be sold to individuals over the age over 18 years.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights (including, without limitation, trademarks and copyright) in our site, and in the material published on it (including, without limitation, its look and feel, brands, logos and trademarks, information, graphics, photographs, content, images, sounds, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein). Those works are protected by intellectual property laws around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any content separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
Commentary and other materials posted on, or via, our site are not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials, and any services provided therefrom, by any visitor to our site, or by anyone who may be informed of any of its contents and we make no representations or warranties that use of such materials will not infringe intellectual property rights of any third parties.
We attempt to be as accurate as possible when we describe products and services on our site, however, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, colours, information or other content available or offered on our site are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the products offered via our site.
Our site changes regularly
We aim to update our site regularly, and may change content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Policies & guidelines
You shall comply with our policies and guidelines as apply from time to time.
You will also be bound by our Returns Policy.
The material, content, product descriptions, standard, quality and specifications displayed on our site, and any links and in relation to the products or services contained therein are provided “as is” and without any guarantees, conditions or warranties as to its accuracy, completeness, reliability, currency or fitness for purpose. To the extent permitted by law, we, our directors, employees and representatives hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site, products or services or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss or interruption of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of our site which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction, and in the case of Australia to the extent permitted by the Competition and Consumer Act 2010 (Cth), our liability is limited and if any liability remains it will be limited to any one or more of the following in our sole discretion in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.
Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed one hundred dollars (AUD$100.00). You agree to indemnify us, our directors, employees and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, or which is directly or indirectly related to the use of our site, or any other products or services accessed via our site.
Information about you and your visits to our site
Furthermore, when ordering items, you will be required to provide payment details. By entering your payment details you warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
Viruses and hacking
You must not misuse our site by knowingly introducing viruses, trojans or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.
We will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. We always recommend all Internet users ensure they have up to date virus checking software installed.
Linking to our site
You may link to our site, provided any links must not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
Links from our site
Where our site contains links or references to other sites, resources, products or services provided by third parties, these links or references are provided for your information and convenience only. We have no control over the contents of those sites, resources, products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them (notwithstanding anything else contained herein).
Your linking to or from these sites, or use of, or reliance on such sites, resources, products or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites or third party suppliers that you visit or transact with. Links, references or other connections to these sites, resources, products or services do not imply any endorsement of them or any association with their owners, operators or advertising material (as the context permits).
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.
Jurisdiction and applicable law
By using our site you submit to the jurisdiction of the courts of Victoria and agree that any legal action will only be commenced in these forums. Our site is available only to people who can form legally binding contracts under applicable law.
Any changes are effective immediately upon posting to our site.
If you have any concerns about material which appears on our site, please contact