These Terms & Conditions apply to the use of this website and the purchase of goods and services from Thistle & Weeds.

By using this website, placing an order or joining one of our waitlists, you agree to these Terms & Conditions, along with any policies linked on our website, including our Refund Policy, Privacy Policy and Delivery Information.

1. About Thistle & Weeds

Thistle & Weeds is a seasonal flower farm and floral studio based in the Dandenong Ranges, Victoria.

We offer seasonal fresh flower delivery, including bouquets, vase arrangements and limited floral releases. We may also offer dahlia tubers, plants, workshops, digital content, printed goods or other seasonal products from time to time.

Throughout these Terms & Conditions, “we”, “us” and “our” refers to Thistle & Weeds. “You”, “your” and “customer” refers to the person using our website, placing an order or engaging with our services.

2. Use of this website

You agree to use this website lawfully and in a way that does not harm, interfere with or misuse the website, our business or other customers.

You must not use this website to:

• commit fraud or unlawful activity
  
• upload or transmit viruses, malicious code or harmful material
  
• copy, reproduce or misuse our content, images, branding or intellectual property
  
• interfere with the security or operation of the website
  
• harass, abuse, threaten or discriminate against others
  
• place false, misleading or fraudulent orders
  

We reserve the right to refuse service, cancel orders or restrict access to the website where we reasonably believe there has been misuse, fraud, abuse or a breach of these Terms & Conditions.

3. Orders

All orders placed through our website are subject to acceptance and availability.

Once you place an order, you will receive an order confirmation. This confirms that we have received your order, but it does not guarantee that changes can be made after that point.

We reserve the right to refuse, cancel or refund an order if:

• a product is unavailable
  
• delivery details are incomplete or incorrect
  
• payment is declined or flagged as suspicious
  
• we suspect fraud, misuse or reseller activity
  
• an error has occurred in pricing, product information or availability
  
• circumstances beyond our control prevent us from fulfilling the order
  

If we need to cancel or adjust an order, we will attempt to contact you using the details provided at checkout.

4. Pricing and payment

All prices are listed in Australian Dollars unless otherwise stated.

Prices may change at any time without notice. This includes product pricing, delivery fees, seasonal pricing, promotions and discounts.

Payment is required at the time of ordering unless otherwise agreed in writing.

You agree to provide complete and accurate billing, delivery and contact information when placing an order.

Discount codes, gift cards and promotions may be subject to additional conditions. Unless stated otherwise, promotions cannot be combined.

5. Seasonal availability

Thistle & Weeds works with the seasons.

Fresh flowers are not available all year. Our flower delivery season depends on what is growing, blooming and suitable for harvest from our flower farm.

Dahlia tubers, plants and other garden products are also seasonal and may only be available during specific release windows.

Product availability may change due to weather, crop performance, plant health, harvest timing or other factors beyond our control.

6. Flower substitutions and product variation

Fresh flowers are natural, seasonal and variable.

Product photos on our website are examples of style, size, colour palette and overall feeling. Exact flowers, varieties, tones and shapes may vary depending on what is available at the time of harvest.

Where substitutions are required, we will choose flowers or materials of equal or greater value wherever possible and keep the overall style, scale and feeling of the arrangement as close as we reasonably can.

By placing an order, you acknowledge that your arrangement may not be an exact copy of the product photo.

7. Florist’s choice arrangements

Many Thistle & Weeds arrangements are created using a florist’s choice approach.

This means we select the best available seasonal flowers from the field and design your arrangement in our natural, garden-led style.

Specific flower varieties, exact colours or individual stems cannot always be guaranteed unless agreed in writing before ordering.

8. Delivery

We deliver to selected suburbs and areas as listed on our website.

Delivery areas, fees, days and order cut-off times may change depending on season, availability and operational capacity.

We will make reasonable efforts to deliver your order on the selected delivery date. Exact delivery times cannot be guaranteed.

Delivery may be affected by traffic, weather, road closures, courier delays, incorrect delivery details, recipient availability or other circumstances outside our control.

9. Delivery details and customer responsibility

You are responsible for providing correct and complete delivery details at checkout.

This includes:

• recipient name
  
• full delivery address
  
• unit, apartment or business details
  
• delivery instructions
  
• recipient phone number
  
• card message
  
• requested delivery date
  

We are not responsible for failed, delayed or incorrect delivery caused by inaccurate, incomplete or missing information provided by the customer.

If re-delivery is required, an additional delivery fee may apply.

10. Recipient not home or unavailable

If the recipient is not home, we may leave the order in a safe place where appropriate.

A safe place may include a shaded doorstep, verandah, reception area, concierge, mailroom, neighbour or another suitable location at the delivery address.

Once an order has been delivered to the address provided and confirmed by delivery tracking or photo confirmation, the order is considered fulfilled.

We are not responsible for damage, theft, heat exposure, weather damage, pets, wildlife or the recipient not bringing the flowers inside promptly after delivery.

11. Deliveries to businesses, schools, hospitals and secure locations

For deliveries to businesses, schools, hospitals, aged care facilities, apartment buildings, gated properties or other secure locations, our responsibility ends once the order has been accepted by reception, security, concierge, mailroom, nursing staff or another authorised person at that location.

We cannot guarantee that the order will be delivered directly to the recipient inside these locations.

It is your responsibility to ensure the recipient can receive flowers at the nominated address.

12. Order changes

If you need to change an order, please contact us as soon as possible.

Changes may be possible if the order has not yet been harvested, arranged, packed or dispatched.

Once flowers have been cut, arranged or sent for delivery, changes may not be possible.

This includes changes to:

• delivery date
  
• delivery address
  
• recipient details
  
• card message
  
• product choice
  
• delivery instructions
  

We will do our best, but last-minute changes are not guaranteed.

13. Cancellations

Cancellations may be possible if your order has not yet been prepared, harvested, arranged or dispatched.

Once an order has been prepared, harvested, arranged or sent for delivery, cancellations and refunds are generally not available unless required under Australian Consumer Law.

Please refer to our Refund Policy for more detail.

14. Refunds and returns

Fresh flowers are perishable and physical returns are generally not possible.

Refunds, replacements and credits are handled in accordance with our Refund Policy.

If something is genuinely not right with your order, please contact us within the timeframe listed in our Refund Policy and provide your order number, description of the issue and clear photos where relevant.

Nothing in these Terms & Conditions limits your rights under Australian Consumer Law.

15. Dahlia tubers, plants and garden products

Dahlia tubers, plants and other garden products are living items and may be affected by seasonal conditions, storage, handling, planting conditions, soil, watering, pests, disease and weather after they leave our care.

We take reasonable care to supply viable tubers or plants where applicable. However, we cannot guarantee growth, flowering performance or garden results once items have been received, planted or stored by the customer.

Customers are responsible for checking product descriptions, shipping information, growing notes and any relevant biosecurity restrictions before ordering.

We reserve the right to cancel and refund orders that cannot legally or safely be shipped to a particular location.

16. Pre-orders and waitlists

From time to time, we may offer pre-orders, waitlists or early access releases.

Joining a waitlist does not guarantee product availability or allocation.

Pre-order dates, delivery dates, shipping windows and release details are estimates only and may change due to seasonal, growing, production or operational factors.

If a pre-ordered product becomes unavailable, we will contact you and may offer a refund, replacement, credit or alternative product where appropriate.

17. Gift cards

Gift cards, if offered, are subject to the terms stated at the time of purchase.

Gift cards are not redeemable for cash unless required by law.

Lost, stolen or misused gift cards may not be replaced.

18. Workshops, events and collaborations

If we offer workshops, events or collaborations, additional terms may apply.

Tickets or bookings may be non-refundable unless otherwise stated or required by law.

We reserve the right to cancel, postpone or reschedule events due to weather, illness, insufficient bookings, venue issues or other circumstances outside our control.

If an event is cancelled by us, we will provide a suitable remedy, such as a refund, transfer or credit.

19. Social media promotions and giveaways

From time to time, we may run giveaways, promotions or competitions through Instagram, Facebook, email or other platforms.

Unless clearly stated, these promotions are not sponsored, endorsed, administered by or associated with Instagram, Facebook or any other social media platform.

We reserve the right to verify entries, remove invalid or inappropriate entries and disqualify participants where we reasonably believe there has been fraud, misuse, spam, abuse or breach of the promotion terms.

Prizes are not transferable, exchangeable or redeemable for cash unless stated otherwise.

20. Website content and product information

We do our best to ensure product information, pricing, descriptions, photos and availability are accurate.

However, errors may occur.

We reserve the right to correct errors, update information, change product details or cancel orders affected by incorrect information, including pricing errors or availability mistakes.

21. Intellectual property

All content on this website, including images, copy, logos, graphics, videos, product names, designs and branding, is owned by or licensed to Thistle & Weeds unless otherwise stated.

You may not copy, reproduce, modify, distribute, publish, use commercially or create derivative works from our content without written permission.

This includes using our images, product descriptions, blog posts, brand copy, floral designs or dahlia flatlay content without consent.

22. User content and testimonials

If you tag us, send us photos, leave a review, submit feedback or share content with us, you grant us permission to repost, share, edit or use that content in our marketing, website, social media or promotional materials, unless you tell us otherwise in writing.

We may use customer reviews, testimonials and feedback for marketing purposes.

We will not knowingly publish private personal information without consent.

23. Third-party links, tools and services

Our website may include links to third-party websites, apps, payment providers, social platforms, delivery services or tools.

We are not responsible for the content, policies, availability, security or practices of third-party websites or services.

Your use of third-party services is at your own risk and may be subject to their own terms and policies.

24. Email marketing and waitlists

By joining a waitlist, signing up to our newsletter or entering your email into a form on our website, you agree to receive email communication from Thistle & Weeds relevant to that list or signup.

This may include release updates, seasonal notes, product availability, launch information, reminders, marketing emails or other business updates.

You can unsubscribe at any time using the unsubscribe link in our emails.

25. Privacy

Any personal information we collect is handled in accordance with our Privacy Policy.

By using our website, placing an order or joining a waitlist, you agree to the collection, use and handling of your personal information as described in our Privacy Policy.

26. Security

You must not attempt to hack, disrupt, bypass, damage or interfere with the security or proper operation of this website.

If you become aware of a security issue or website error, please contact us.

27. Limitation of liability

To the maximum extent permitted by law, Thistle & Weeds is not liable for indirect, incidental, special or consequential loss arising from your use of this website, our products or services.

Where our liability cannot be excluded but can be limited, our liability is limited to one or more of the following, at our discretion:

• replacement of goods
  
• repair of goods where applicable
  
• resupply of services
  
• payment of the cost of replacement or resupply
  
• refund of the amount paid for the affected goods or services
  

Nothing in these Terms & Conditions excludes rights or guarantees that cannot be excluded under Australian Consumer Law.

28. Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law.

You may be entitled to a replacement, refund, repair, resupply or other remedy if goods or services fail to meet a consumer guarantee.

Nothing in these Terms & Conditions limits your rights under Australian Consumer Law.

29. Force majeure

We are not liable for delay, failure or inability to perform our obligations where caused by events beyond our reasonable control.

This may include extreme weather, natural disasters, crop failure, disease, pest outbreaks, fire, flood, power outage, road closures, courier disruption, illness, pandemic, government restrictions, supply chain issues, internet outages or other circumstances outside our control.

30. Indemnity

You agree to indemnify and hold Thistle & Weeds harmless from any claim, loss, damage, liability, cost or expense arising from your breach of these Terms & Conditions, misuse of the website, unlawful conduct or violation of another person’s rights.

31. Severability

If any part of these Terms & Conditions is found to be invalid, unlawful or unenforceable, that part will be severed and the remaining terms will continue in full force.

32. No waiver

If we do not enforce a right under these Terms & Conditions, it does not mean we have waived that right.

Any waiver must be in writing.

33. Changes to these Terms & Conditions

We may update these Terms & Conditions at any time by posting the updated version on this page.

Your continued use of the website after changes are posted means you accept the updated Terms & Conditions.

34. Governing law

These Terms & Conditions are governed by the laws of Victoria, Australia.

You agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

35. Contact us

If you have any questions about these Terms & Conditions, please contact us.