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Terms & Conditions, Policies and Conditions of Use

Updated 6th June 2019

Welcome to OASIS® Floral at www.oasisfloral.com.au   (the ‘Site’). This Site and its supporting operation is managed by Smithers-Oasis  Smithers-Oasis Australia Pty Ltd. Please read the following policies carefully before using the Site. By using the Site, you signify your agreement to be bound by these conditions.

In these policies, the following definitions apply:

“Smithers-Oasis Australia Pty Ltd trading as OASIS® Floral” (also referred to as ‘we’ and ‘us’) Smithers-Oasis Australia Pty Ltd  trading as OASIS® Floral and any other connected organisation that supplies the goods to you and any successor to its business, registered in Australia. All rights reserved. Registered office:

Smithers-Oasis Aust Pty Ltd

35 Guthrie Street

Quambatook

Vic 3540

“Site” means OASIS® Floral online shopping website at www.oasisfloral.com.au

“Shop” means OASIS® Floral’s Online Shop for online ordering of merchandise located at www.oasisfloral.com.au

“We and Us” means Smithers-Oasis Australia Pty Ltd trading as OASIS® Floral either alone or together with you, as the context requires;

“Working day”, means every day of the year except weekends, and Australian public holidays;

“You” means the person ordering the goods subject to these terms and conditions;

Our details:

Smithers-Oasis Australia Pty Ltd

trading as OASIS® Floral

35 Guthrie Street

Quambatook

Vic 3540

A.B.N. 38 007 787 724

To contact us by telephone, please ring 03 5457 1460 or by email at info@oasisfloral.com.au

Lines are open between 9am – 5pm on weekdays (Excluding Bank Holidays)

Terms and conditions applying to items purchased before the above date can be obtained by emailing

  1. Terms of Use

These are the general terms and conditions of OASIS® Floral governing your use of the Site.

  1. What you are allowed to do

1.1 Purchase goods from the Shop, provided you accept the Terms of Sale, which will apply to any contract made between you and OASIS® Floral for the purchase and sale of goods from the Shop. These terms are outlined in Section 2 below;

1.2 Browse the Shop using a compatible web browser. Permission to browse the Shop includes permission to make transient or cached copies of parts of the Shop to the extent that this occurs in the normal course of using your browser and that these copies are used only to facilitate current or subsequent access to the Shop by you;

1.3 Print a copy of any page of the Shop; for your own personal purposes, provided you do not do any of the things set out under “What you are not allowed to do”.

  1. What you are not allowed to do

2.1 You may not remove or change anything on the Shop;

2.2 You are not allowed to copy or use any material from the Shop for any commercial purpose;

2.3 You are not allowed to remove or change any copyright, trade mark or other intellectual property rights notices contained in the original material or from any material copied or printed off from the Shop.

  1. Your personal information

3.1 Usage of your personal information is governed by OASIS® Floral’s Privacy Policy, which forms part of these General Terms of Use.

  1. Usernames and Passwords

4.1 If you want to purchase something from the Shop, we will ask you to register an account with us. During registration, you will be asked to provide your email address and password, which you can use to make a purchase;

4.2 You must always keep your password(s) confidential and must not disclose the password(s) or permit anyone else to use your password(s). Any breach of any of these terms by anyone to whom you disclose the password(s) will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms of use;

4.3 In the event of any failure or error in the operation of a password(s), you shall cease using the password(s) and exit the Shop immediately and notify OASIS® Floral of such failure or error.

  1. Rights

5.1 All intellectual property rights in any material (including text, photographs and other images and sound, downloads, software, trademarks and logos) contained in the Site is either owned by OASIS® Floral or has been licensed to OASIS® Floral by the rights owner(s) so that OASIS® Floral can use this material as part of the Shop. These rights are protected by Australian and international copyright and database right laws. You are only allowed to use this Shop and the material they contain as set out in these terms.

  1. Third party web sites

6.1 This Shop also contains links to other third-party web sites, which are not under the control of and are not maintained by OASIS® Floral. Any such links do not constitute an endorsement by OASIS® Floral of any products or services available on such sites. OASIS® Floral provides these links for your convenience only and you use such links entirely at your own risk. We accept no responsibility for the content or use of such sites or information contained in them.

  1. Suspension and termination of accounts

7.1 OASIS® Floral may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Shop from time to time. Access to or use of the Shop or pages linked to it will be not necessarily be uninterrupted or error free;

7.2 OASIS® Floral may terminate your account(s) immediately in the event you breach any of these terms of use or if you are late or do not pay any sums due to OASIS® Floral.

  1. Enquiries or complaints

8.1 If you have any enquiries or complaints about the Site then please address them to:

Customer Services

OASIS® Floral,

 35 Guthrie Street

Quambatook

Vic 3540.

Email: info@oasisfloral.com.au

  1. General and governing law

9.1 OASIS® Floral may change these terms of use from time to time and will endeavour to notify you of any major changes by posting a message on the Site. By browsing the Site you are accepting that you are bound by the current terms of use. Please review this policy each time you use the Site as it is subject to change at any time by OASIS® Floral without notice to you;

9.2 This Agreement constitutes the entire agreement between OASIS® Floral and you and supersedes all prior agreements, representations, statements and understandings between OASIS® Floral and you regarding the use of the Site. You agree that you have not relied upon any representation or statement not recorded in these Conditions in entering into this Agreement.

9.3 The failure of OASIS® Floral to exercise or enforce any right or provision of this Agreement or the delay by OASIS® Floral in so doing shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

9.4 These terms and conditions shall be governed and interpreted in accordance with Australian law, and you consent to the non-exclusive jurisdiction of the Australian courts in respect of any dispute arising there from.

  1. Terms of Sale

This Terms of Sale Policy forms part of the General Terms of Use, which governs your use of the Site, and encompasses purchasing activities on the Shop.

  1. The Sales Terms

Should you purchase any goods from the Shop, you will be contracting with OASIS® Floral on the terms outlined below. Please read these terms and conditions carefully.

1.1 These Terms of Sale (“Sales Terms”) govern the supply of any goods you order via this Shop. Please read through the Sales Terms carefully. If you do not agree with the Sales Terms, do not order any goods from this Shop. If OASIS® Floral accepts any order for goods from you, then its agreement with you will be made on these Sales Terms.

1.2 Please note that OASIS® Floral reserves the right to amend the Sales Terms from time to time. OASIS® Floral will publish the amended Sales Terms on the Shop and any new versions of the Sales Terms will come into effect as soon as OASIS® Floral publish them on the Shop (with the exception that any orders that OASIS® Floral have already accepted from you prior to any such change will be subject to the Sales Terms in force at that point). If you use the Shop after OASIS® Floral has published the new Terms, your continued use of the Shop indicates that you agree to be bound by the new Sales Terms.

  1. Availability of the goods supplied by the Shop

2.1 OASIS® Floral may terminate or suspend the supply of any goods displayed on the Shop in the event of out of stocks, for support or maintenance work, in order to update content or for any other reason. OASIS® Floral may do this at any time and without notice. Products on the Shop are normally available for despatch within 24 hours.

  1. Buying goods from this Shop

3.1 Pricing policy – OASIS® Floral may change the prices of the goods displayed on the Shop at any time. The prices for all the goods available on the Shop are clearly marked in their description and all items are subject to GST at the prevailing rate. The GST inclusive amount is included in the total price published on the site. We reserve the right to raise our prices in line with any increase in the prevailing rate of GST. This will be shown clearly on your order. All applicable delivery charges are also displayed on the Shop. All prices are in Australian dollars. OASIS® Floral may make available offers and discounts using promotion codes. Only one promotion code is valid per order.

3.2 Conclusion of Contract of Sale – The information relating to OASIS® Floral’s goods and relevant prices are displayed on the Shop for your information and to enable you decide whether you would like to make us an offer to purchase any such goods. OASIS® Floral cannot accept your order until you have paid for it in full (including any applicable delivery charges). When you place an order to purchase a product from www.oasisfloral.com.au, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we’ve dispatched that product to you. That acceptance will be complete at the time we send the dispatch confirmation e-mail to you. Any products on the same order which we have not confirmed in a dispatch confirmation e-mail to have been dispatched do not form part of that contract. Whether or not you receive the e-mail, our acceptance of your order will create a legally binding contract between us. We reserve the right not to supply you at our discretion.

Payment is deducted when we process your order. We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method.

3.3 Method of payment – For orders placed via the Shop, OASIS® Floral accepts Visa, MasterCard and PayPal. When making your payment, it is imperative that you provide the information that OASIS® Floral specify is required, for example, cardholder’s name as it is shown on the card and address exactly as it appears on the card statement. Your card will be debited when OASIS® Floral confirms that it has accepted your order. Ownership or title to the product shall not pass to you, the buyer, until OASIS® Floral has received payment in full.

Prices on the Site are based in Australian Dollars. Once you confirm your order, your card will be charged in an amount in AUD which you will be able to preview on the Confirmation Page.

3.4 Delivery – Delivery charges are displayed on the Site for Standard Delivery with Australia Post.

Please note it is the customers responsibility to make sure the correct shipping address is provided on their order, OASIS® Floral are not liable for orders sent out with incorrect addresses.

If you have not received your goods, please contact our customer services department by email at info@oasisfloral.com.au For more information on our delivery services click here.

3.5 Out of stocks – If any item you have chosen is unavailable, OASIS® Floral will contact you via phone or your email address and set out the options that are available to you.

3.6 Return of goods policy –

We hope you are delighted with your purchase,however we recognise there are some

circumstances when products need to be returned to us.

If the items you received are damaged, faulty or you received an item in error, you must return it to us within 30 days for a refund or a replacement. Please call us on 03 5457 1460 for the appropriate address and return method for returning your goods.

All other returns should be returned at your own expense and addressed to:

OASIS® Floral

35 Guthrie Street

Quambatook

Vic 3540

with all the original packaging intact, otherwise we will not be able to refund you.

For all returns please list the products which you wish to return and indicate the reason for returning them.

Ensure you obtain proof of posting products remain your responsibility until received by us.

3.7 Cancellation Policy – Please note that you have a legal right to cancel your order within 30 days of the date of receipt of the goods. The right to cancel can be exercised in writing or via email at info@oasisfloral.com.au By returning (at the customers expense), packing securely and enclosing the advice note and receipt and sending it back to OASIS® Floral, Australia, a refund will be provided within 30 days of the date of cancellation.

If you wish to cancel your order you can also do so before it is dispatched either by telephoning us on 03 5457 1460  (lines are open 9am – 5pm weekdays)  or e-mailing us at info@oasisfloral.com.au

3.8 Legal age – OASIS® Floral does not sell products for purchase by children. If you are under 18, you may use OASIS® Floral only with the involvement of a parent or guardian. We sell knives, scissors, adhesives, glues and sprays which are not suitable for purchase or use by minors.

3.9 Vouchers – From time to time, vouchers may be issued for free delivery or for discounts on orders or products online. You may only use one voucher per order. Some vouchers may only be used once per customer. These vouchers may only be for use on our website. Please contact info@oasisfloral.com.au if you have any questions about redeeming a voucher code.

3.10 Free gifts -From time to time, free products may be offered with a product or order. These free products are included as part of your order and if any part of the order is returned for a refund, we reserve the right to deduct the value of the free gift from your refund if they are not returned too.

III. Privacy Policy

OASIS® Floral is committed to protecting your privacy. This Privacy Policy forms part of the General Terms of Use, which governs your use of the Site. This means that you agree to our use of any personal information that we may collect from you on the terms set out in this Privacy Policy.

From time to time, we may add or change functions, features or products to the Site. This, and our commitment to protecting the privacy of your personal information, may result in periodic changes to this Privacy Policy. As a result, please remember to refer to this Privacy Policy regularly to review any amendments.

Please contact OASIS® Floral with questions regarding this Privacy Policy.

  1. Collection of Information

In order to buy products from the Shop, you must provide certain personal details in order to complete your transaction. Information that you have provided to us including but not limited to when you:

Purchase products through the Website or over the phone

Enter competitions, prize draws or promotions which we are promoting

Sign up to marketing/newsletters including by email

Information you provide to us when applying through the Site for registration

If you contact us for any reason, we may keep a record of that correspondence

We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them

Information we collect using cookies stored on your device. Please see the section on cookies for more information and how to manage them.

Your IP addresses

Information we request and hold includes but is not limited to the following:

Billing and delivery postal addresses

Phone and fax numbers

Email addresses

Usernames and passwords for using the Site

Payment card details

Browsing and shopping activities

Your customer queries

  1. Children’s Information

To purchase products from the Shop, you must be 18 or over or if you are younger, you must have parental consent. Please note that all minors are encouraged to discuss this Privacy Policy and the Terms of Use Agreement with their parents or legal guardians before they attempt to register.

  1. How We Use the Information That We Gather

OASIS® Floral use information obtained from Site users as stated in this Policy and to enhance users’ experiences on the Site. Based on what you tell us about yourself and where we think it is relevant, we may contact you to provide information about OASIS® Floral and our products and services, but you may tell us at any time not to do this by following the unsubscribe instructions in any email we send you.

We may use the personal data you provide us in the following manner:

To provide you with the requested goods and/or services including but not limited to processing and fulfilling your order and administering promotions such as competitions and prize draws

To monitor and improve the services and the Site

To manage your marketing preferences

To contact you if there is a query regarding your order

If you purchase goods on the Site, you may be sent an email requesting whether you would like to review your product

To verify your identity

In certain circumstances in order to process your order and to verify your identity, we may call the telephone number you have provided to perform security checks and to request that you verify certain information

Market research purposes

To enable us to comply with any legal or regulatory requirements

In the detection and prevention of fraud or other crimes

To assist with any of your customer queries

For research, analysis, risk management, legal, accounting, administrative, testing, monitoring and for our business operation

We may also use your personal data in the following manner, unless you have not consented:

From time to time, to inform you by post, email or other available means, of products, services, promotions and special offers from OASIS® Floral.

To provide you with tailored/behavioural advertising using cookies on the Website. This means that we have your agreement to store information about the products you have viewed or purchased so that we are able to make the adverts you see more relevant to you. If you do not want to receive tailored advertising, or do not wish for any of your information to be processed through the use of cookies, please refer to the section on Cookies.

We may disclose personal data we collect to third parties in the following manner:

To administer your account and to disclose your details to our third-party service providers for the purpose of processing and fulfilment of your order

We may disclose your information to any successors of our business for them to use for the purposes set out in this Privacy Policy, and/or as part of any business or asset sale carried out

Payment Card details: We process your payment card details in order to complete your purchase that you made through the Site, and may in certain instances disclose your personal data to third party credit reference agencies to perform credit checks against you or obtain authorisation for your payment.

E-mail Marketing: You may opt out from any email marketing sent to you by OASIS® Floral by using the unsubscribe links at the bottom of the marketing emails.

OASIS® Floral will not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services you have requested, when we have your permission.

  1. Links

The Site may contain links to other websites. Please be aware that OASIS® Floral is not responsible for the privacy practices of other web sites. We encourage our Shop Customers and Site Visitors to be aware when they leave our Site and to read the privacy statements of each web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by OASIS® Floral through your use of the Site.

5.Cookies

In our effort to provide you with services customised to your interests, we use “cookies” to assist in the collection of information.

Cookies are small encrypted text files that are stored on your computer or other device by our Site. Specifically, the cookies used by our Site are described as session or transient cookies, these cookies are stored in your computer’s memory only during your browsing session and are automatically deleted from your computer when the browser is closed. These cookies allow you to move from page to page whilst we keep track of the items you have added to your shopping cart. Session cookies are never written on the hard drive and they do not collect any information from your computer. Session cookies expire at the end of your browser session and can also become no longer accessible after the session has been inactive for a specified length of time. You may change your website browser settings to reject cookies. To learn more about cookies and how to disable them or opt out of their usage please visit www.aboutcookies.org. Please note, however, that some cookies are essential in order to shop on OASIS® Floral Site and in the event,  you do reject cookies this may impair the functionality of the Site and may mean that you are unable to shop on the Site.

More information on cookies:

Some cookies are described as permanent, persistent, or stored cookies. These are cookies that are stored on your computer and are not deleted when you close your browser. Permanent cookies can store your preferences for a web site, allowing those preferences to be used in future browsing sessions.

Permanent cookies can be used to identify you as an individual user, so they may be used by a web site to analyse your browsing behaviour within the web site. These cookies can also be used to provide information about the numbers of visitors, the average time spent on a page and generally the performance of the web site. They are usually configured to keep track of users for a prolonged period, in some cases many years into the future. Please be aware that www.oasisfloral.com.au does not use permanent cookies.

Tracking information such as cookies is also used to create aggregate reports on user demographics and traffic patterns on the Site, and may be provided to our partners. We also collect IP (Internet Protocol) addresses to analyse trends, administer the Site, track a user’s movement, and gather broad demographic information for aggregate use.

Should you have any concerns follow the link below to www.aboutcookies.org, where you can learn how delete cookies from your computer. http://www.aboutcookies.org/Default.aspx?page=2

  1. Phishing

Phishing is a method used by fraudsters to deceive someone into giving sensitive information. Most of the time phishing will take the form of emails, which purport to be from well-known companies and ask recipients to send their private information. This information is then used for identity theft and fraud.

OASIS® Floral will only ask you to send personal details by email if it is responding to a query you have sent it online and these details are needed to answer your query properly. In this case, there will be a unique reference number in OASIS® Floral’s email to you, which refers to your original query. OASIS® Floral will never ask you to send any personal details by email unless you have contacted OASIS® Floral first. If you have not contacted OASIS® Floral, please ignore any email claiming to be from OASIS® Floral which asks for personal details and let us know about it. Should you need to do this you can telephone 03 5457 1460 or email info@oasisfloral.com.au

If OASIS® Floral ever requires your personal information other than when you have already contacted OASIS® Floral with a query, for security reasons we will ask you to give us a call.

  1. Security

For orders through the Shop, we work to protect the security of your payment information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.

The Site uses reasonable security methods to protect the personal data (e.g., contact details) that resides on our servers. However, no security system is impenetrable. OASIS® Floral cannot warrant or guarantee the security of its or its partners’ servers, nor can it guarantee that information that Shop Users supply will not be intercepted while being transmitted to OASIS® Floral or its partners over the Internet.

When you register to purchase products on the Shop, you will be asked to provide your email and password. You must keep your passwords confidential and must not disclose it to or share it with anyone. You are responsible for all activities that occur under your login details for the Shop. If you know or suspect that someone else knows your password, notify us immediately at info@oasisfloral.com.au

  1. Correction/Updating Personal Information

If you have registered to purchase from the Shop and would like to change your details, please email info@oasisfloral.com.au Keep in mind, however, that there will be residual information that will remain within OASIS® Floral’s databases, access logs, and other records, which may or may not contain such personally identifiable information.

You may also opt out of receiving our newsletters and/or promotional information from OASIS® Floral and/or from third parties affiliated with OASIS® Floral at any time. If you receive unwanted emails from OASIS® Floral, you can opt-out by following the instructions and links on the bottom of emails from OASIS® Floral.

  1. General

Your personal information will be held and used by us in accordance with the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2011, and related legislation and nothing in this Privacy Policy or the accompanying Terms of Use should be interpreted as affecting your rights there under. If you have any queries about this Privacy Policy, please email us at info@oasisfloral.com.au

We shall not be liable to you where performance of any of our obligations to you is prevented, frustrated or impeded by reason of acts of God, war and other hostilities, civil commotion, accident, strikes, lock outs, trade disputes, acts or restraints of Government, imposition or restrictions of imports or exports or any other cause not within the reasonable control of OASIS® Floral.

If any part of these terms and conditions is found to be unenforceable as a matter of law, all other parts of these terms and conditions shall not be affected and shall remain in force.

We cannot guarantee that the appearance and/or colours of products shown on this site exactly reproduce the appearance and/or colours of the physical products themselves. By its nature, floral foam may sometimes appear slightly dented, bumped, nicked or scratched.

To the extent permitted by law, OASIS® Floral accepts no liability for any loss, damage or injury arising because of any advice provided.

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