Terms and Conditions
T & C’s
Prices / Payment
You agree to pay for all products that you order. Prices on the product pages are exclusive of delivery. The price of the products that we offer are subject to change without notice. We will not change the price of orders that have been paid for by you and accepted by us. All prices are in Australian dollars. We accept payment by Visa and Mastercard.
Orders may also be placed on a subscription basis for either weekly, fortnightly or monthly deliveries. We will charge you using your provided payment details for each order on the day that order is fulfilled. The order will be delivered after 1:00 pm (AEST) of the day that you have selected. You are responsible for cancelling your subscription by 12:59pm (AEST) on the day prior to your next scheduled delivery. Your subscription will continue until it is cancelled by you.
FRANKY & ME offers a same day delivery service across the Gold Coast region. Franky & Me offers delivery to suburbs in accordance with our Where we deliver page located on our website, www.frankyandme.com.au. Franky and Me deliver Monday to Friday, excluding public holidays. To qualify for same day delivery, orders need to be placed with us before 1:00 pm (AEST) on the day of delivery and before we sell out of stock. These orders will then be delivered same day after 1:00 pm (AEST). You have the option to select a later date to have your order delivered, these orders will be delivered after 1:00pm (AEST) of the day that you have selected. The cost of delivery depends on your delivery suburb. The delivery fees are subject to change. We are not able to give you a specific delivery time. If your area is not available for delivery, please contact us on firstname.lastname@example.org and we may be able to facilitate a special delivery. We cannot be held responsible for delay during transit for unforeseen circumstances, such as damage or delay that results in a gift not arriving at a certain time or place. Once we have delivered the order to a concierge, front desk or residence at the specified address we cannot be held responsible for the gift getting to the recipient. In regard to hospital deliveries, if the patient has been discharged the gift will be returned to FRANKY & ME HQ and a re-delivery fee will apply. In the unfortunate event of a delay or delivery issue FRANKY & ME will work with the customer to assist in resolving any issues.
A gift is deemed to be undeliverable if (i) the recipient’s address is incomplete, incorrect or cannot be located, (ii) there is no one at home to receive the gift and there is nowhere safe to leave the gift (iii) the delivery is refused by the recipient before opening the package. If gifts are being delivered to an apartment or unit address the customer is responsible for ensuring that the recipient will be available on the day to receive the gift. If the recipient is not home and we cannot gain access to the building to leave the gift in a safe place the gift will be deemed undeliverable. All undeliverable gifts will be returned to FRANKY & ME HQ in the Gold Coast where the customer will be liable for all charges and fees incurred in returning, storing or disposing of an undeliverable gift.
Incorrect and incomplete addresses
Please be very careful in providing us with correct, complete and up to date address information. We accept no responsibility for any failure to fulfil or deliver an order as a result of you providing us with incorrect or incomplete address information. If we are unable to deliver the gift then the order will be returned to FRANKY & ME HQ. We may be able to re-deliver the gift, subject to any additional delivery charges as well as a product replacement fee for any perishable items, such as flowers. If the redelivery is to take place on a different day you will also be liable to pay the full cost for a new order, subject to any waiver of this charge at our absolute discretion, and you acknowledge that the reordered product may differ from your original order.
Substitution and Seasonal Availability Disclaimer
FRANKY & ME endeavours to fulfil all orders in compliance with product descriptions, however flower orders may be subject to seasonal and product availability. We have the right to substitute flower varieties when necessary, however we will endeavour to ensure the final product is similar in quality to the requested item. Substitutions and alterations will be of similar quality and value.
Availability of Product
Only one style of flower posy is available on any given day or week. A limited number of bunches are available each day. Orders made after 1:00 pm (AEST) will be delivered the following day and treated as an advance order. The product page will be updated when the flowers are no longer available to purchase.
If you order flowers and choose to send them at a later date or on a subscription basis you accept that you will not see the style of flower posy until the day of delivery, when it will be too late to change or cancel your order.
Days of Operation
We do not operate on weekends, or public holidays in Queensland, so no products will be dispatched on such days. If you order a gift for weekends or public holidays we will deliver on the next working day. Weekend deliveries for special dates such as Mother’s Day etc. will incur additional fees, these will be updated in your cart after selecting the weekend date.
Refunds and re-ordering
If you wish to claim a refund for any reason, you must notify us immediately by emailing 'insert email address'. We will not offer refunds in connection with ‘send now’ purchases. We will also not offer refunds for any failures to deliver goods due to you providing us with incorrect delivery information. If the wrong delivery information is provided for your order we may be able to re-deliver it, subject to any additional delivery charges as well as a product replacement fee for any perishable items, such as flowers. If the redelivery is to take place on a different day you will be liable to pay the full cost for a new order, subject to any waiver of this charge at our absolute discretion, and you acknowledge that the reordered product may differ from your original order.
Cancellations for any 'send now' purchases are subject to our absolute discretion. Cancellations for advance orders must be made 24 hours in advance. Cancellations can be made by telephone or by emailing us at email@example.com. We reserve the right to cancel any orders placed by you at any time, and will endeavour to notify you of any such cancellation as soon as possible.
Our website and all content on our website are the exclusive property of FRANKY & ME. The information on our website is for information purposes only and is subject to change without notice. You must not copy, imitate, modify, alter, amend or use without our prior written consent any URLs representing our website, or any of our content, logos, graphics, icons or other content published on our website or in our printed media.
FRANKY & ME may amend or replace these Terms and Conditions at any time by publishing updated Terms and Conditions on its website, ‘www.frankyandme.com.au’. We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to an accepted Order are the terms and conditions that applied at the time you placed the order with us.
Your consumer rights
As a consumer, you are entitled to the consumer guarantees set out in the Australian Consumer Law (Consumer Rights). These Consumer Rights include your entitlement 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.
Nothing in this Agreement is intended to exclude, restrict or modify any of your Consumer Rights, including by limiting our liability or imposing liability on you in a manner which would be considered unfair under the relevant consumer protection laws.
We do not give any express warranty or guarantee as to the suitability, reliability or availability of our products, our services, or of the content of our website. Subject to your Consumer Rights set out above, we do not give any implied warranties or guarantees.
Any part of these Terms and Conditions which is unenforceable in a jurisdiction shall be ineffective to the extent of the unenforceability without invalidating the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that part in another jurisdiction.
These Terms and Conditions shall be governed and construed in accordance with the laws for the time being in force in the state of Queensland, Australia and the parties agree to the exclusive jurisdiction of courts and tribunals of the state of Queensland.
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 or any type of commercial or economic loss. Save for in relation to claims you make under the Australian Consumer Law in connection with your Consumer Rights, 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 website 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 your use of our website 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. This website 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. Headings are for reference purposes only and do not form part of this agreement. Time wherever mentioned shall be of the essence.