TERMS AND CONDITIONS
Welcome to the slightly less flowery part of our website! This section contains important information on our Terms and Privacy Practices.
The Foragers & Co website is owned and operated by Sahra Tohow, trading as ‘Foragers & Co'.
The following Terms and Conditions govern the access to and use of www.foragersandco.com and the purchase of any goods from our online store. Please read this document in full before engaging with our service. Once you have completed an order with Foragers & Co, you will be assumed to have read and understood the following and will therefore remain bound by it at all times.
Any reference in our Terms to ‘us’, ‘our’ or ‘we’ refers, at all times, to Foragers & Co. Any reference to ‘you’ or ‘your’ refers to our website users and customers.
Foragers & Co delivers fresh, seasonal and high quality products to inner Sydney and surrounding areas (please see our ‘about’ section for a comprehensive list of our delivery areas).
Our products include fresh blooms, flowers and seasonal produce bags.
We source and deliver only the best produce and aim for 100% customer satisfaction when fulfilling our obligations to you. Foragers & Co will not however, be liable to perform our service obligations (including the delivery of an order) if such failure occurs as a result of an extraneous circumstance, which stems directly from a situation beyond our control (force majeure). Such situations may include, but are not necessarily limited to: natural disaster, war, hostilities, government sanction, lockout, or failure of electricity or telephone services.
We reserve the right to make amendments to any part of our service, including our products, prices, delivery methods/prices or otherwise, at any time- without notice or consequence.
We also reserve the right to refuse our service to any person, at any time, if we deem them as having misused our service or having used it unlawfully or in contravention of our Terms.
Foragers & Co will, at all times, endeavour to prevent any illegal or inappropriate use of its websites and prosecute any party engaging in such use including persons who have placed an order by fraudulently or illegally (for example, placing orders under a false name, with a fraudulently obtained credit card or without the consent of the cardholder).
ELIGIBILITY TO USE OUR SERVICE
In order to be eligible to order from Foragers & Co you must provide us with any requested or necessary personal and delivery information along with accurate payment information. Information may include, but is not necessarily limited to: your correct name, e-mail address and delivery address.
Failure to supply full or accurate information will affect your ability to successfully place an online order. We do not assume liability for incorrect orders or goods delivered to incorrect addresses due to a mistake on your part.
ORDERS AND PAYMENT
Placing an order with Foragers & Co is simple! Just visit our online store, select your product and checkout. Full payment will be due at this time. We accept all major credit cards and all information is encrypted and is not transmitted in an identifiable format, nor is it paired with your other personal information.
We do everything reasonably within our power to process payment correctly. Please be advised that Foragers & Co uses an independent third party payment processer ‘Stripe’ and we cannot be responsible for any transactions, which might be charged to your credit card unless it can be demonstrated that we actually processed the transaction. All customers should be aware of this before processing credit card payments.
All produce is sourced with care, per order. Because of this- we do not generally allow cancellations for orders. If you do need to cancel or amend your order after it has been confirmed, please contact us directly and we will do our best to accommodate your needs. We do, however, reserve the right to refuse cancellations.
We hand deliver (with a smile!) all customer orders on Friday afternoons. For a full list of our delivery suburbs, please see our ‘FAQ’ section of our website. Please ensure your order is in by 5pm (AEST) Thursday, in order to receive it that Friday. Any orders placed after this time will be processed for delivery the following Friday.
We also allow pickup between 3-6pm (AEST) from one of our pick up locations (Coogee or Dulwich Hill). All pickup orders must also be paid in full. If orders are not picked up, they cannot be re-claimed the following week. A new order will need to be placed and paid for in full in this instance.
Our delivery rates are outlined below:
Inner West suburbs* = Flat $5 delivery
Other suburbs* = Flat $10 delivery
* For a full list of our delivery suburbs, please see our ‘FAQ’ section of our website.
We deliver between 12:00 midday and 5:00pm (AEST) on Friday’s. We require someone to be present at your nominated delivery address during these hours to accept the delivery. If no one is present, we will attempt to contact your nominated contact number. If we are unable to make contact and we cannot find a suitable safe place to leave your order, we will not be able to complete delivery and you will be charged a re-delivery fee or offered a partial refund.
We are unable to accept liability for, and will therefore not replace orders that go missing once delivered to a safe place (whether nominated by you or deemed safe by us).
We only source high quality seasonal products but they do require some love and care to ensure their longevity.
All flowers must be placed in water as soon as they are received. This will prolong their freshness. We do not stipulate a particular shelf life for flowers; it will vary from flower to flower and will also depend on their storage and care. We will not replace flowers that are damaged after delivery.
All fresh produce should be refrigerated upon delivery. Produce will last 1-2 weeks with careful and proper storage. We will not be responsible for replacing items that do not last due to improper care or storage. All additional information on how to adequately store our products can be found on our website and we can always be contacted for more information.
In the rare circumstance that the products you have received are not up to the high standard we promise, please contact us immediately and we will happily assess your produce and assist you in finding an acceptable solution. Please be advised and understand that we are, to a certain extent, at Mother Nature’s disposal with our products.
Foragers & Co may occasionally run promotional offers for our customers. These may be advertised through our social media, e-mail promotions or catalogue mail outs. Such special offers may include, but are not necessarily limited to: special prices, discount codes or other promotions. Each promotion will run for a limited time only and may have conditions or guidelines, which must be fully complied with, without exception, in order to validly redeem the promotion.
Special or sale prices may only be applicable for certain periods of time.
Prizes won in promotional giveaways are not transferable or redeemable for cash.
Foragers & Co reserves the right, at all times, to modify, suspend or cancel any such promotion at any time, without consequence.
Our website, and all information contained within it, is the property of Foragers & Co and is protected from unauthorized publication and dissemination by the laws of intellectual property.
Any and all original Foragers & Co related designs, images, photographs, illustrations, logos, text, HTML code or any other intellectual property content made available on our website or throughout our wider brand, is the property of Foragers & Co and remains our copyright material at all times.
We grant users and customers a license to access and enjoy this information via our website and products.
Foragers & Co may allow the printing, gathering, storing, copying or sharing of website information for individual or personal purposes, however our express consent must be granted.
We reserve the right to refuse access, or take further legal action against persons who violate our rights as intellectual property holders.
LINKS TO THIRD PARTY WEBSITES
Throughout our website and associated social media we may provide links to third party websites. These links are provided for your enjoyment or information. The material and content made available throughout these links is not intended as a representation of Foragers & Co or our employees or opinions. Following these links is always at your discretion.
Foragers & Co is not responsible for policing the services, policies or practices of these third parties. We will not be held liable for any loss, damage or any other consequences that may arise out of the use of third party websites or services.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, Foragers & Co cannot be held liable or responsible for any loss or damage that any person may suffer as a direct or indirect result of accessing our website or utilizing our service.
All content, information and imagery provided through the Foragers & Co website or brand, or through customer service correspondence with our staff, is intended strictly for general purposes. Foragers & Co does not make any guarantee (express or implied) as to the accuracy, currency, reliability or completeness of any materials provided.
The use of this website and these conditions are governed by and construed in accordance with the laws of the State of New South Wales, Australia. By using this site, you the customer agrees to submit to the jurisdiction of the courts of New South Wales and any legal action pursued by you or by Foragers & Co shall be within the exclusive jurisdiction of the courts of New South Wales.
WHOLE OF TERMS AND CONDITIONS
Unless specifically and expressly stated, no other term, condition, assurance, representation, warranty or inference is intended to apply. The only exception to this, are provisions that are automatically applicable through the application of some relevant piece of legislation, consumer or otherwise.
The severance of one section of this document will not have any effect on the rest of the Terms and Conditions. All remaining provisions will remain in force, in the event that one section is edited or removed.
CHANGES TO TERMS AND CONDITIONS
We reserve the right to make changes to our Terms and Conditions at any stage, without notice or consequence. Your continued use of our website and service indicates your knowledge and acceptance of any changes we may make in the future.
These Terms and Conditions are current as of November 2015.
Please read the following carefully. Once you have engaged with our service (by way of placing an order) you will be assumed to have read and consented to the use of your personal details in any of the ways outlined below, or in any ways incidental to those uses in the ordinary and reasonable course of the conduction of our business.
COLLECTION OF INFORMATION
Foragers & Co collects personal information for the purpose of fulfilling orders for flowers and fresh produce bags. The information collected may also be used to inform you of additional products and services in the future. Personal information collected may include: your name and/or recipient of the ordered flowers or produce, payment details, e-mail address, recipient address and telephone numbers.
USE AND STORAGE OF INFORMATION
We use your information to fulfill our obligations to you and make sure your order is delivered correctly and safe and sound.
We will use your e-mail address to update you on all the goss with a weekly e-mail sent directly to your inbox. You may unsubscribe from this service at any time, and are always welcome to re-join us!
All information is stored securely on our confidential database. This may be in physical or electronic format. No one will access your information in any circumstances other than to fulfill your order. Information is always treated as highly confidential by anyone who views it. Any information no longer required after your order is complete will be deleted or otherwise destroyed.
We will never share your personal details with any third party, for any reason, without your express consent. This includes for marketing purposes.
ACCESS TO INFORMATION
You are always welcome to view, edit, delete or otherwise modify your details held by Foragers & Co. If you wish to obtain a record of the details we store about you or make an amendment to any of these, please contact us via e-mail and we will comply with your request as soon as possible.
We will never allow any third party to access information on your behalf, for any reason.
In addition to personal and payment details, Foragers & Co may also collect non-personal or non-identifiable details about your visit to our online store.
The use of ‘Cookies’ enables us to ascertain certain details about your visit including, but not limited to: navigational information, any referring websites and location information.
This information is completely anonymous, and no attempt is ever made to match it up with your identifiable details. The information is recorded purely for statistical purposes and is used to improve our service to our customers by, for example, remembering the contents of your Foragers & Co shopping cart or other website preferences.
You may choose to refuse the operation of ‘Cookies’ by disabling this feature in the settings of you computer, mobile phone or other device.
We will always handle any information gathered over social media in strict accordance with this policy.
We advise all users to use discretion, however, as Foragers & Co cannot control, or be liable for, the use of your information by third parties who also have access to these platforms. Please use discretion when sharing information via social media, and where possible, contact Foragers & Co directly to provide relevant details.
Foragers & Co will not be responsible for any loss, damage or otherwise that may stem directly from the sharing of personal information with us over social media.
DATA OVER THE INTERNET
The Internet is a global network. Therefore, any data that you may transmit whilst accessing our website, is transmitted globally. By visiting the Foragers & Co website, you are impliedly authorising the global transmission of your data.
We are not responsible for this transmission and are not liable for any consequences that may flow from it.
CHANGES TO OUR PRIVACY PRACTICES
Foragers & Co may occasionally make changes to our Privacy Practices. Any changes that would affect our customer’s privacy or personal information will be published here and will take immediate effect from that time. Your continued use of our website is taken as your consent to the use of your personal information in any further ways, as outlined here, or ways incidental to those uses.
If you are concerned about our Privacy Practices, if you have any questions about your personal information or if you believe we have breached our privacy obligations to you please contact us.
EVENTS, PARTIES, CLASSES AND WORKSHOPS
By browsing or use this website you indicate your acceptance of terms and conditions. If you do not accept these terms please leave this website. Anyone taking part in any classes, workshops, talks or attending any event at Foragers & Co or organised by Foragers & Co must agree to these terms and conditions.
Any damage, loss or theft incurred to personal property property brought into Foragers & Co premises.
Any physical injuries sustained as a result of participating in any class, workshop, talk or event organised by Foragers & Co.
By accepting and purchasing an attendance to a class, workshop, talk or event through Foragers & Co you agree that we are not responsible for any theft or injury that may occur at the class, workshop, talk or event premises.
CONTENT (IMAGES/ VIDEO/ INFORMATION)
I agree to give Foragers & Co unrestricted publishing rights for any photographs or videos taken at Foragers & Co classes, event, workshop and talks.
By attending and accepting these terms and conditions you agree that you will not record or take pictures of the class, workshop, talk or event content for reproduction.
By attending and accepting these terms and conditions you agree that you will not replicate, reproduce or distribute in any form, any element of a workshop, class, talk or event in part or in full.
Unfortunately due to our intimate class sizes refunds are not available, we do allow transfers 48 hours prior to the class. Email email@example.com to organise a transfer to a friend.
We have attendance minimums to cover costs, in the case that the class does not go ahead and a cancellation is made for any reason, you will receive a full refund or the option to credit another class, workshop, talk or event of the same value. Foragers & Co reserves the right to cancel any class, workshop, event or talk any time before the class is scheduled to begin.
Further questions, contact us!