Terms of Use

WE RECOMMEND YOU READ THESE TERMS AND CONDITIONS OF USE, CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Heavy Petal’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Heavy Petal and related entities and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Heavy Petal’s rights and obligations to each other.

LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that Heavy Petal is not legally responsible for any loss or damage you might suffer related to your use of the website, www.heavypetal.com.au, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Heavy Petal’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website to purchase any alcohol products.

DELIVERY OF PHYSICAL GOODS
It is the purchasers responsibility to ensure all goods delivered to secure addresses (eg – apartments and units) will be received by the recipient. Alternatively, Heavy Petal will contact the recipient to arrange appropriate delivery time. All unsuccessful deliveries will result in the goods returned to Heavy Petal incurring additional fees to the purchaser. Collection of goods from Heavy Petal is available or the re-delivery of goods. The re-delivery of goods will incur an additional delivery fee to the purchaser.
Heavy Petal uses multiple reputable courier companies to deliver physical goods. Deliveries are processed promptly upon receipt of full payment. Delivery times may vary depending on the delivery company chosen. Heavy Petal is not responsible for goods that are either damaged in transit or not received. Heavy Petal should be notified immediately of damaged or lost goods. Replacement of damaged or lost items is made at the discretion of Heavy Petal.

EVENT TERMS AND CONDITIONS:
All quotes produced by Heavy Petal are generally valid for seven (7) days, unless otherwise stated. Full payment of all Events is required fourteen (14) days prior to event dates. Events are confirmed upon receiving a deposit of specified amount. All props provided by Heavy Petal are the property of Heavy Petal and provided on a hire only basis, unless purchased by the customer or client. Heavy Petal will collect all hired items, unless specified in event order/quote. If props are to be returned by client, this must occur within one (1) week of Event date. If hired items are damaged by customer or client this will incur additional fees to the value of prop.
If collection of hired items occurs outside of business hours, an additional charge will be incurred.
Heavy Petal reserves the right to photograph all arrangements upon installation for promotional material use.

WEDDING TERMS AND CONDITIONS:
All quotes produced by Heavy Petal are generally valid for seven (7) days, unless otherwise stated. All weddings require a minimum of a non-refundable 10% deposit to confirm the date. This deposit is used against the full balance, however not refundable if the Wedding is cancelled or moved to a date which we are not available. Full payment of all Weddings is required four (4) weeks prior to Wedding date.
If collection of hired items occurs outside of business hours, an additional charge will be incurred.
Heavy Petal reserves the right to photograph all arrangements upon installation for promotional material use.
Cancellations made within two (2) weeks of Wedding date will result in loss of the complete payable amount.
All props or hired items provided by Heavy Petal are the property of Heavy Petal and provided on a hire only basis, unless purchased by the customer or client. Heavy Petal collects all props, unless specified in event order/quote. If props are to be returned by the client, this must be occur within one (1) week of Wedding date.

RETURNS AND REFUNDS
Heavy Petal handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Products sold on this website and by this business are a perishable, natural item and flowers life span is dependent on species, resulting in some flower varieties living longer than others. Flowers are a product of nature; availability is dependent on season and markets. As a result, not all goods produced are as pictured on this site, by accepting these terms and conditions you are acknowledging there may be discrepancies between images and produced goods.
Heavy Petal must be notified within two (2) days of purchase of all refunds or returns. Heavy Petal will not accept returns based on change of mind or design. In cases of flowers perishing within three (3) days of purchase and all care instructions have been followed or if Heavy Petal produced the incorrect goods, Heavy Petal may provide a replacement or gift certificate. The value of the gift certificate or replacement is at the discretion of Heavy Petal. Heavy Petal reserves the right to request images of original goods for our records. Replacement flowers will not be sent if the original goods have been disposed of or images have not been produced.

LINKS TO OTHER WEBSITES
Heavy Petal may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Heavy Petal and the owners of those websites. Heavy Petal accepts no responsibility for any of the content found on the linked websites.

Heavy Petal’s website may contain information provided by third parties for which Heavy Petal accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER
To the fullest extent permitted by law, Heavy Petal absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Heavy Petal gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of Heavy Petal to bear any entire costs of servicing, repairs, or correction. The applicable law in your state of territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY
At Heavy Petal we are committed to protecting your privacy. Our secure servers protect all information we receive from our customers. Heavy Petal respects the privacy and confidentiality of the information provided by you and adheres to the national privacy principles established pursuant to the Privacy Act 1988 (Commonwealth). Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. Heavy Petal’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data Heavy Petal collects is secured against unauthorised use or access. We do not store credit card information on our servers.

THIRD PARTIES
Heavy Petal does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

DISCLOSE YOUR INFORMATION
Heavy Petal may be required, in certain circumstances, to disclose information in good faith and where Heavy Petal is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of Heavy Petal, our customers or third parties.

EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Heavy Petal. Heavy Petal expressly excludes and does not permit you to use or access its website, www.heavypetal.com.au, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Heavy Petal will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from improper use. Heavy Petal reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Heavy Petal expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and Heavy Petal concerning your use and access to Heavy Petal’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

JURISDICTION
This agreement and this website are subject to the laws of South Australia and Australia. If there is a dispute between you and Heavy Petal that results in litigation then you must submit to the jurisdiction of the courts of South Australia.

Online Privacy Policy

YOUR PRIVACY

At Heavy Petal, we are committed to protecting your privacy as an online visitor to our website. We use the information we collect about you to maximise the services that we provide to you. Heavy Petal respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy below carefully.

You may change your details at any time by advising us in writing via email. All information Heavy Petal receives from its customers is protected by our secure server. Heavy Petal’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorised use or access. We do not store credit card information.

STORAGE AND SECURITY OF YOUR INFORMATION

We receive and store information you enter on our website or give us in any other way from time to time. You may provide basic contact information such as your name, phone number, address, and email address to enable us to send information or process your product order and we may also collect additional information at other times, including but not limited to, when you provide feedback, change your content or email preferences, respond to a survey, or communicate with Heavy Petal customer support or queries.

We may use personal information collected from you for the purpose of providing you with direct marketing material, updates regarding our website and information in the form of a newsletter. This will only apply if you have registered or subscribed to such publications by your registering your details with us. However if you wish to cease receiving any such information you may let us know either by email or unsubscribing at any time and your request will be actioned as soon as possible.

Individual profile and company details are not used for any other purpose. Details are only supplied to a third party supplier when it is required by law, for goods or services which you have purchased or to protect Heavy Petal copyright, trademarks and other legal rights.

We respect the privacy of our online visitors. We may collect information on or through this website that can personally identify you. For example, we collect personally identifiable information which you volunteer to us to respond to visitor questions and comments about us and our products and services, and to mail e-newsletters (“Personal Data”).

We will use all reasonable means to protect the confidentiality of your Personal Data while in our possession or control. We will not knowingly share any of your Personal Data with any third party other than our service providers who assist us in providing the information and/or services we are providing to you. To the extent that we do share your personal information with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy. Some of our service providers may be overseas and may not be subject to Australian Privacy Laws. Please contact us if you require specific details.

Any non-personal information, communications and material you send to this website or to us by email, or which we obtain from third parties without promises of confidentiality, may be kept, used and disclosed by us on a non-confidential basis. We are free to use and reproduce any such information freely, and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products.

COOKIES

A cookie is a small file placed in your web browser that collects information about your web browsing behaviour. Use of cookies allows a website to tailor its configuration to your needs and preferences. Cookies do not access information stored on your computer or any personal information (e.g. name, address, email address or telephone number). Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of a website.

Our website uses cookies to analyse website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.

DISCLOSURE OF YOUR INFORMATION

We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, Heavy Petal may use your Personal Data to protect the rights, property or safety of Heavy Petal, its customers or third parties.

Finally, if there is a change of control in one of our businesses (whether by merger, sale, or otherwise), or a sale or transfer of its assets, customer information, which may include your Personal Data, could be disclosed to a potential purchaser under an agreement to maintain confidentiality, or could be sold or transferred as part of that transaction. And finally we would only disclose your information in good faith and where required by any of the above circumstances.

CHILDREN AGE 13 OR YOUNGER

The Company recognises the special obligation to protect personally identifiable information obtained from children age 13 and under. AS SUCH, IF YOU ARE 13 YEARS OLD OR YOUNGER, THE COMPANY REQUESTS THAT YOU NOT SUBMIT ANY PERSONAL INFORMATION TO THE SITE OR TO THE COMPANY. If the Company discovers that a child age 13 or younger has signed up on the Site or provided us with personally identifiable information, we will delete that child’s identifiable information from our records.

The Company nonetheless encourages parents to go online with their kids. Here are a few tips to help make a child’s online experience safer:

1. Teach kids never to give personal information, unless supervised by a parent or responsible adult. Includes name, address, phone, school, etc.

2. Know the sites your kids are visiting, and which sites are appropriate.

3. Look for Website privacy policies. Know how your child’s information is treated.

4. Check out the Office of the eSafety Commissioner’s site for more tips on protecting children’s privacy online

THIRD PARTIES

Heavy Petal does not and will not sell or deal in personal or customer information. We will never disclose your personal details to a third party except the necessary information required by providers of products or services you have purchased or to protect the rights, property or safety of Heavy Petal, its customers or third parties or if required by law.

We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

SECURITY

Heavy Petal strives to ensure the security, integrity and privacy of personal information submitted to our website, and periodically updates its security measures in light of current technologies.

LINKS

This website may contain links to other websites. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Heavy Petal is not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this website.

CHANGE IN PRIVACY POLICY

As we plan to ensure our privacy policy remains current, this policy is subject to change. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this website. Please return periodically to review our privacy policy.

CONTACT INFORMATION FOR COMPLAINTS OR CONCERNS

If you have any complaints or concerns about the Company or about this privacy statement, please contact:

Via email: hello@heavypetal.com.au
or
Via surface mail: Heavy Petal, Shop 2, Welland Plaza, 522 Port Road, Welland SA 5007, Australia

Information provided by you via general e-mail inquiries to the Company such as your e-mail address is used only to respond to your inquiries in the ordinary course of business, and is never shared with third parties.