Terms and Conditions
By accessing, browsing or using this website, you agree to the terms, conditions and disclaimers herein as amended from time to time. You agree to be bound by these Terms and Conditions. Tony & Mark's may amend these Terms and Conditions from time to time and any amendment will become effective immediately. Your continued use of this website after amendment constitutes an agreement to abide by and be bound by those Terms and Conditions, as amended. Tony & Mark's website is owned and operated by Tony & Mark's. Our online merchant is located in Australia.
- The information on this site is for general personal use and is provided without any guarantee as to its accuracy.
- Any user that may access and make use of information on this internet site is at the user’s own risk.
- Tony & Mark's makes no representations as to the appropriateness of the sites information for any particular purpose and hence accepts no liability for any loss resulting from the use of the site.
- Tony & Mark's maintain the right to change any information on this internet site without notice, at any time.
- Tony & Mark's accepts no responsibility for any damage to a user’s computer or software relating to this Site or its use. Any linkages or reference to URL’s on this internet site are provided solely for the convenience of the user. Such linkages or reference do not act as an endorsement by Tony & Mark's for the information at that internet site. These linked websites will have their own terms and conditions of use which each user should be accustomed to. If a user applies automatic language translation services in connection with this internet site, it is done at his/her own risk.
- All imagery is for illustrative purposes only.
- As we process your order, we will inform you by email if any products you order turn out to be unavailable and offer you an alternative or refund on that item.
- Flower varieties and colours are subject to availability and will be substituted at the discretion of the florist, with notice given at the time of fulfilling customer orders. In the case where the customer cannot be reached the order will be processed.
- Despite our best efforts, some products in our catalogue may be mis-priced.
- If a product's correct price is lower than our stated price, we charge the lower amount and send you the product.
- If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
- The price for the products will be as quoted on the Site at the time of placing your order.
- We may alter the prices of the products at any time without notice.
- You must only order Products in accordance with the instructions on this website; and
- Pay for the Products in full (without set-off or deduction of any kind) by authorising us to charge your Credit or Debit Card.
- While we will endeavour to fulfil your order, we will not be liable to any person if we decline to fulfil an order, or we are unable to supply the products in your order.
- No contract for sale and purchase of products will be formed, or variation or cancellation made, until we confirm acceptance of your order, variation, or cancellation.
- Some Products may be unavailable from time to time. We reserve the right to alter, upgrade or discontinue any product or information contained on the site without notice.
- We may cancel orders if we believe that they are fraudulent, or if an error has occurred including, without limitation, listing with an incorrect price or information.
- All Transactions will be charged by “Tony & Mark’s”.
- Gift vouchers are only valid for a 6 month period and the voucher must be used by the date shown on the voucher (check your voucher to find out when to use it by).
- Unfortunately we can’t accept any responsibility for stolen gift vouchers.
- We will despatch your gift voucher either as soon as payment has been cleared or on your specified delivery date (if this is later).
- We can not be responsible for any delays, no matter how they are caused.
- If you are the purchaser, please double check the delivery address you enter – it is your responsibility to do so and we’re afraid we can’t be held responsible if a gift voucher is used by someone other than your recipient.
- In addition, we can’t take responsibility for any gift vouchers that are lost or used by someone other than your recipient after delivery.
- Please make sure your recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe.
- You agree to indemnify and keep us indemnified against all loss (including, without limitation, loss of profits), costs, damage, expense or injury, whether direct, indirect, special or consequential, arising directly or indirectly from, or in connection with, your access to, or use of, the Site, or the supply or non-supply of Products.
- You further agree to indemnify and hold us harmless from any claim or demand, including legal fees on full indemnity basis, made by any third party due to or arising out of:
- A breach of these Terms by you; or
- The infringement by you, or another user of the Service using your name and password, of any intellectual property or other right of any person or entity.
Governing Law and Jurisdiction
- These conditions are governed by and construed in accordance with the laws of South Australia, Australia. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts of South Australia.
- Your statutory rights are not affected by these terms and conditions.
Tony & Mark’s
66 Gorge Road
Newton SA 5074
Phone: +61 8 8365 2264