Welcome to the ‘www.peonymelbourne.com.au’ website (the ‘website’). This website is owned and operated by Peony Melbourne (‘Peony Melbourne’ or ‘us’ or ‘we’). Registered address: 107 Auburn Road, Hawthorn, Victoria | ABN 4186 1600 110.
Ownership of Rights
All rights, including copyright, in this website are owned by or licensed to Peony Melbourne. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You may not modify, delete, distribute or post anything on this website for any purpose.
In order to make a purchase through the Peony Melbourne website or to use some of the services or features made available to you on our website you will be required to register. When you register, you will be required to provide information about yourself including, but not limited to, your name, telephone number and email address, which is true, accurate, current and complete in all respects. Should any of your registration information change in future you are required to amend your personal online account immediately. We may change registration requirements from time to time. Furthermore, when ordering items, you will be required to provide payment details and you represent and 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.
The purchase of merchandise through the Peony Melbourne website is strictly limited to parties who can lawfully enter into and form contracts on the website in accordance with Australian law.
Accuracy of Content
We have taken great care in the preparation of the content of this website, in particular to ensure that the details, descriptions and prices quoted are correct at the time of publishing. However, we will only accept orders if there are no material errors in the description of the merchandise or its price as advertised on this website. All prices are displayed including GST and exclusive of delivery charges. The total cost of your order is the price of the merchandise ordered including GST and delivery charges as set out in the shipping section of this website.
The packaging may vary from that shown. The weights and dimensions are approximate only. We have made every effort to display as accurately as possible the colour of the products that appear on the website. However, as the actual colours you see will depend on your personal computer equipment, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the merchandise on delivery. To the extent permitted by applicable law, Peony Melbourne disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. We are not responsible for the content of any off-website pages or any other websites linked to or from this website. Links appearing on this website are for your convenience only and are not an endorsement by us of the content, products, services or suppliers connected therewith. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website, in any off-website or in any linked websites.
All items are subject to availability. Validly stated prices on our website remain in effect for so long as the merchandise is available or as otherwise stated on our website. We will inform you as soon as possible if the goods you have ordered are not available.
You are able to correct errors on your order up to the point at which you click on ‘Complete my Order’ on the final page of our ordering process.
Deliveries can only be made within Australia.
We will deliver the merchandise in accordance with the shipping section. Please view our shipping section for full details. Whenever referred to, working days exclude Saturday, Sunday and Public Holidays.
Acknowledgement and Acceptance of Your Order
We will notify you by email as soon as possible to acknowledge receipt of your order and to provide you with an order number. If we are unable to fulfill your order following this acknowledgement, we will contact you by email advising you of this. Our acceptance of your order will take place upon despatch of the product(s) ordered. We may not accept your order if an item you have ordered is out of stock, if we have identified a product or pricing error or if we are unable to obtain authorisation for your payment. Please note that we reserve the right to reject any offer to purchase by you at any time.
You should inspect the merchandise upon receipt and check that everything specified on the delivery note is included. You will be deemed to have accepted the order unless you notify us upon receipt that there is a problem or you cancel the order in accordance with your cancellation right and/or you return the goods in accordance with our returns policy and procedure. If you fail to take such action, we are not obligated to accept any rejection by you of the merchandise at a later date.
Legally Binding Contract
Please remember that when we accept your submitted order for merchandise on this website, there will be a legally binding contract.
We use the latest strong encryption technology to ensure that all transactional information is protected to the highest standard. Transactional information includes any credit or debit card details, your personal contact information, together with any other names and addresses you provide when you place an order for delivery to another address, and your purchasing history.
You will not be sent any unsolicited material unless you indicate that you want to receive details about products, offers and events etc. when you register. We do not provide your personal details to other companies or individuals for their marketing purposes unless you have indicated when you registered that you wish to receive information about other companies products, offers and services. From time to time we retain the services of other carefully selected and monitored companies and individuals to perform functions on our behalf in connection with the successful operation and continuous improvement of this website. Examples of these functions would include the processing of data to process your order and maintain your account including the authorisation and validation of credit or debit card transactions, the provision of delivery services, the analysis of data, etc. These companies or individuals may be provided with access to your personal details in order to fulfill their function but may not use such information for any other purpose.
Damage to Your Computer
Peony Melbourne makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won’t cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. Peony Melbourne will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
Limitation of Liability
Peony Melbourne makes no representations or warranties in connection with this website, whether express or implied, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such warranties are not legally excludable. To the fullest extent permissible Peony Melbourne will not be liable for interruption of business; loss or damages of any kind incurred as a result of dealings with or the presence of the website or off-website links; access delays or access interruptions to the website; computer viruses, system failure or any malfunction which may occur in connection with your use of our website; any inaccuracies or omissions or misleading, false or deceptive statements in the content; or, any events beyond Peony Melbourne’s reasonable control. Furthermore, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, consequential or other damages of any kind related to your use of the website.
Exclusions of Liability
Any disclaimers and exclusions of liability in these terms & conditions shall not apply to any damages arising from death or personal injury caused by the negligence of Peony Melbourne or any of its employees or agents or fraud. These disclaimers and exclusions shall be governed by Australian law. If any provisions of these disclaimers and exclusions are deemed to be unlawful, void or for any reason unenforceable that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
The trade marks, logos and service marks (‘intellectual property’) displayed on our website are the registered and unregistered marks of Peony Melbourne and are protected by Australian and international trade mark laws. Except in connection with placing an order for merchandise or as required by applicable law, you may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit our intellectual property or that of our suppliers without our or their prior written consent.
No failure to exercise and no delay on the part of Peony Melbourne in exercising any right, remedy, power or privilege of Peony Melbourne under these terms & conditions and no course of dealing between us shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on the part of Peony Melbourne.
Other Legal Notices
There may be legal notices on other areas of this website which relate to your use of this website, all of which will, together with these terms & conditions govern your use of this website.
Changes to Legal Notices
We reserve the right to change these terms & conditions from time to time and we encourage you to review them as often as possible. Any changes are effective immediately upon posting to the website.
Law, Jurisdiction and Language
This website, any content contained herein and any contracts entered into as a result of usage of this website are governed by Australian law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of Australia. All contracts are concluded in English.