Terms & Conditions
These Terms & Conditions outline the rules for using www.crushes.studio and for purchasing any goods and services from the site.
The website www.crushes.studio is operated by Crushes Group Pty Ltd (ABN: 46 681 013 963). References to "you" or "your" pertain to anyone accessing or using our site, while “Crushes”, "we," "our," and "us" refer to Crushes Group Pty Ltd. By using this website, you agree to comply with its terms, conditions, disclaimers, and limitations of liability. Additionally, you confirm that you have read and understood these Terms and Conditions.
Prices and Payment
You agree to pay for all products and services you purchase. Prices displayed on product pages do not include delivery costs. While prices for our products and services may change periodically without prior notice, the price of any item you have already ordered and paid for will remain unchanged. All prices are listed in Australian dollars. We accept payment via those methods shown on the checkout page of the website. Payment methods may change from time to time without notice. Payment processing fees may apply to card transactions, but you will be notified of any such fees before completing your purchase.
Liquor License
Crushes Group Pty Ltd holds a limited liquor license (LIMITED LICENCE 90181319).
We acknowledge and communicate the following warning from the relevant authorities.
WARNING. Under the Liquor Control Reform Act 1998 it is an offence 1) To supply alcohol to a person under the age of 18 years (Penalty exceeds $19,000). 2) For a person under the age of 18 years to purchase or receive liquor. (Penalty exceeds $800)
Ordering
You can place an order for products on our website by selecting items through the relevant pages. When you submit an order, you are making an offer to purchase those products and services from us. Products cannot be ordered for resale to third parties. We reserve the right to accept or decline any order at our discretion, for reasons including but not limited to product unavailability, unsuccessful payment, suspicion of commercial intent, potential fraud, or errors in pricing or product descriptions. Each order we accept from you forms a separate and binding agreement for the supply of the specified products.
To process your order, we require certain details such as your name, contact information, billing address, delivery address, and payment details. For information on how we collect, store, and use your personal data, please refer to our Privacy Policy.
Once your payment is processed, you should see an on-screen confirmation of your order. If you do not receive this confirmation, there may have been an issue with your browser or with processing your order. Please notify us by emailing hello@crushes.studio if this occurs.
Delivery
Crushes provides next-day delivery and pre-orders up to 30 days in advance, within metropolitan areas of Melbourne. Delivery costs may vary by suburb, and are subject to change, with updates reflected on our website as relevant. Delivery is available between 10 AM and 5 PM; however, specific delivery times cannot be guaranteed.
Please note that our courier partners do not offer every delivery service to all locations within Melbourne, Australia or to international destinations. If you require a custom delivery arrangement, please contact us, and we will do our best to accommodate your request.
If a delivery is not received by the recipient within four days of the scheduled dispatch date, Crushes will coordinate with our third-party logistics provider to initiate an investigation. We aim to resolve the issue within 24 hours of the investigation's commencement. Please be aware that delivery services are not available to PO Boxes.
Third-party courier service
Crushes partners with reputable third-party couriers to deliver gifts across Melbourne. As we sometimes rely on these external courier services, Crushes cannot be held liable for any delays during transit. While we take great care to ensure accurate and secure delivery, we cannot account for unforeseen events such as damage or delays that prevent a gift from arriving at the specified time or location. In the case of a hospital, hotel, apartment or other communal address, once a gift has been delivered to a concierge or front desk at the address provided, we cannot assume responsibility for its delivery to the recipient.
For hospital deliveries, if the patient has been discharged, the gift will be returned to a Crushes studio, and a re-delivery fee will apply. In the event of a delay or delivery issue, Crushes will collaborate with the customer to help resolve any problems resulting from third-party service failures.
Undeliverable items
A gift is deemed undeliverable if (i) the recipient's address is incomplete, incorrect, or cannot be located, (ii) no one is available to receive the gift and there is no safe place to leave it, or (iii) the recipient refuses the delivery before opening the package.
In such cases, undeliverable gifts will either (i) be redirected to a local post office for collection by the recipient, or (ii) be returned to a Crushes studio, with the customer responsible for any fees or charges related to the return, storage, or disposal of the gift. If a gift is redirected to a post office, a courier card will be left at the recipient’s address with instructions for collection.
Due to the perishable nature of some items, such as flowers, it is highly recommended that recipients collect their gift within 24 hours of receiving the courier card. Crushes cannot be held responsible for any delays in collecting gifts and is not liable for the quality or condition of perishable items, such as flowers, if they are not collected within 24 hours of the initial delivery attempt.
Units and apartment buildings
Couriers may encounter difficulties when delivering to units and apartment buildings, which can result in delayed deliveries, missing items, or the return of gifts to the nearest Crushes studio. When sending a gift to an apartment or unit, it is the customer’s responsibility to ensure that the recipient is available to receive the gift on the specified delivery day. If the recipient is not home and the courier cannot access the building to leave the gift in a safe place, the gift will be considered "undeliverable" and will either (i) be redirected to a local post office for collection by the recipient, or (ii) be returned to a Crushes studio, with the customer responsible for any fees related to the return, storage, or disposal of the undeliverable gift.
If the gift is redirected to a post office, a courier card will be left at the delivery address informing the recipient of the collection point. Crushes is not responsible for gifts that are not collected by the recipient.
Incorrect and incomplete addresses
Please ensure that the address information you provide is accurate, complete, and up-to-date. If you give us an incorrect or incomplete address and we deliver the order as per your instructions, we cannot be held responsible for the error. In cases where delivery is unsuccessful due to incorrect or incomplete address details and the order is returned to a Crushes studio, we can arrange redelivery. However, the customer will be responsible for paying an additional delivery fee and covering the cost of replacing any perishable items, such as flowers, that need to be replenished.
Substitution and Seasonal Availability Disclaimer
Crushes strives to fulfil all orders in line with the product descriptions provided; however, flower orders are subject to seasonal variations and availability. This is often in service of our mission to utilise local and sustainable products wherever possible. We reserve the right to substitute flower varieties when necessary but will always ensure that the substitute flowers are of comparable quality to those requested. Any changes to the product style will be made with care, ensuring similar quality and value.
Availability of Product
For flowers and foliage, Crushes mostly relies on natural products, seasonally available from local growers. Due to this, Crushes aims to sustainably purchase stock on a daily basis, and therefore, can not always guarantee a product will be in stock every day of the year. Our homepage and product pages will be updated to reflect when flowers or other products are sold out or seasonally unavailable. When purchasing flowers, you accept the flowers as delivered, subject to your statutory rights.
Advance Orders
When placing an advance order for flowers to be delivered the next day or at a later date, you agree that you may not see the design of the posy until delivery day, at which point changes cannot be made. Should we face supply issues, the sender will be notified, and they will have the option to receive a full refund or reschedule the delivery.
Days of Operation
Crushes operates Monday to Friday, with the right to extend operating days to Saturday and / or Sunday at their discretion. Crushes does not operate on public holidays, so no deliveries will be dispatched on these dates. If an order is placed for delivery on a public holiday, it will be delivered on the next business day.
Warranties, Refunds, and Cancellations
Cancellations and refunds must be made 24 hours or more prior to the delivery date. Refunds cannot be provided if incorrect delivery details are supplied. It is the sender's responsibility to ensure accurate delivery instructions. If an incorrect address is provided, re-delivery may be possible, but additional costs will apply. Cancellations can be arranged through your Crushes Store account login, or by emailing hello@crushes.studio or via the online Live Chat (available during business hours in Melbourne, Victoria), on our website. Flowers are expected to last at least 3 days, and if they do not (excluding extreme temperature events), or if you're unhappy with the order, please contact us immediately, and we will work to resolve the issue. For issues with add-ons, please notify us within 48 hours to discuss a refund or replacement.
Liability and General Matters
Crushes is not liable for any consequential, indirect, special, punitive, or incidental damages, including loss of profit, data, goodwill, business, opportunity, or any commercial loss. All goods come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for major failures and compensation for reasonably foreseeable loss or damage. For goods not meeting acceptable quality but not constituting a major failure, you are entitled to a replacement. ‘Change of Mind’ is not a valid reason for refund. Crushes' liability, except under Australian Consumer Law, is capped at the amount paid for goods or services, and liability is reduced if an agent not associated with Crushes contributed to the loss or damage. Intellectual property provided by you remains yours, but all other intellectual property on this site belongs to Crushes or its licensors. You cannot use our intellectual property without permission.
These terms may be updated, and it is your responsibility to review the latest version. Crushes is not responsible for external links to third-party websites. If a provision in this document is found invalid or unenforceable, the rest of the document remains effective.
Headings do not form part of this agreement. Any delay in enforcing rights does not constitute a waiver of future action. This agreement is governed by the laws of Victoria, Australia, and you may have additional rights under Australian Consumer Law.
User Content and Content Rules
Any image uploaded by users to @crushes_studio or crushes.studio or any other platform or forum accessible by third parties, are treated as "User Content." Users must ensure they have the right to upload the content, including ownership of or permission to use any copyrighted materials. User Content must not:
- Infringe on copyrights, privacy, data protection rights, trademarks, or any other rights.
- Contravene laws or regulations.
- Include false, misleading, offensive, or defamatory content.
- Misrepresent identities, impersonate others, or upload obscene or discriminatory material.
- Advocate unlawful acts such as copyright infringement or computer misuse.
Crushes may cancel any order for products, without notice, that breach these content rules. While we prohibit violations of our Content Rules, we do not monitor or pre-screen content uploaded by users.
Gift Card T&Cs
- Gift cards are redeemable on all products available on the Crushes website.
- Gift cards will not include or cover shipping costs
- Standard gift cards are valid for 3 years from the date of purchase.
- Gift cards associated with specific promotions or limited time offers are not subject to the 3 year rule and will have specific validity periods indicated on the gift card.
- Gift cards cannot be used in conjunction with other offers.
- No cash alternative is available.
- Standard Crushes terms and conditions also apply.
Promotion Terms and Conditions
‘Discounts and Offers’
These Terms and Conditions govern all Crushes discounts and promotions. Participation in any Crushes discount or promotion constitutes acceptance of these Terms and Conditions. Purchases not complying with these Terms and Conditions are invalid.
Eligibility
1.1 The promotional discount is available only to individual purchasers and does not apply to institutional or trade purchases.
1.2 The promotional discount is valid only for purchases made online at www.crushes.studio.
1.3 Promotional discount codes can only be used once per individual. Only one promotional discount code may be used per order.
1.4 A promotional discount code cannot be used:
1.4.1 after an order has been placed; or
1.4.2 in conjunction with any other offer or discount.
1.5 Promotional discounts are:
1.5.1 available only while stocks last;
1.5.2 non-transferable, not for resale, and not redeemable for cash; and
1.5.3 valid for one use per customer.
1.6 Crushes reserves the right to withdraw, amend, or cancel any discount offer at any time.
Promotion Terms
2.1 Crushes reserves the right to withdraw any promotion codes or offers at any time without notice.
2.2 Promo codes may, at times, exclude 3rd party gift items and may not be valid in conjunction with other codes or offers.
General
3.1 Crushes will not sell your personal information to others or disclose it without your prior consent and will only use your personal data as outlined in our privacy policy.
3.2 Crushes reserves the right to amend these Terms and Conditions at any time. Any revised version will take effect immediately upon being displayed on this website.
3.3 If these Terms and Conditions are translated into any language other than English, the English version shall prevail in the event of any conflict.
Prizes, Giveaways & Substitutions
4.1 If the prize specified by Crushes in a giveaway is not available for any reason at the time of sending, we will substitute the prize with a product of equal or greater value, as determined by Crushes.
4.1.1 This includes, but is not limited to:
- If the recipient lives outside our same-day delivery areas.
- If the recipient lives in TAS, where border quarantine restrictions prohibit Crushes from delivering flowers.
