Digital Refunds
Since www.profresh.com.au offers non-tangible irrevocable goods, we DO NOT issue refunds on digital products once the order is complete and a download link is sent. All digital products are strictly final sale and non-refundable.

If you do not receive the digital product link upon purchasing, please contact our team via email info@profresh.com.au within the 48 hours of purchase. Please be sure to include a copy of your digital receipt.

Please note: Profresh are not responsible for any incompatibility issues of digital products with any third party software (plug-ins, add-ons, modules, search engines, scripts, extensions etc.) We do not guarantee that our products are compatible with any third-party programs (including web host) and we do not provide support for third party applications.

In-store Credits
We do our best to ensure all our product is of high quality, but from time to time faults do occur. Profresh will issue a credit to the full purchase value of any goods deemed faulty at the time of purchase, provided the following conditions are met:

Notice of faulty goods must be received via the form below, within 24hrs of purchase, along with clear photographic evidence documenting the fault. Alternatively, the faulty goods may be returned to the point of purchase within 24hrs for our team to assess.

Clearance Items and Seconds Flowers
Under no circumstances, will a credit or refund be issued for clearance products, including all perishable and non perishable items. Discounted clearance items are final purchases and it is the customer’s responsibility to thoroughly assess the item/s before purchase.

Refunds
Any fresh flowers, preserved flowers and floral supplies items deemed faulty will be returned to your customer account as a store credit. If you have an outstanding balance, the credit will be deducted from your payable amount.

Cancellations will incur a fee equal to 75% of the sale price of cancelled goods where it is no longer possible for Profresh to modify orders with its upstream suppliers. Please take note of the cancellation date provided in your initial order response email. Where Profresh is able to cancel product from its suppliers, Profresh will waive this fee at its discretion.

Cancellations on the day of order
a) Cancellations on the day of collection will be subject to a cancellation fee at the discretion of management. You will not be charged a cancellation fee for items that have been substituted on your behalf (see below). In most cases, you will be allowed to swap with items from our Showroom to ensure we best meet your needs.

Specialty Items
b) Specialty items such as tinted roses, David Austin rose varieties, Japan and or Holland imports must be cancelled a minimum 14 days prior to collection. Late cancellations for these items will be subject to a cancellation fee.

We will store your pre-orders safely within our facilities until the specified collection date. Any orders that remain uncollected by the end of the trading week, will be subject to a cancellation fee.

As we work with fast moving and perishable products, it is of utmost importance for our teams to reduce waste and impact where possible. We kindly ask customers to notify our team immediately should they no longer be able to collect their order.

Fresh & Preserved Holds
Items selected from our showroom, either in person or via phone or email, require payment in full at the time of the hold. We will store your fresh items safely within our facilities for up to 24 hours and preserved items for up to 7 days. If items remain uncollected, we may void your hold and issue a store credit.

Please note we are under no obligation to issue credits for perishable products that have been paid, but uncollected.

Supplies & Sundries Holds
We require payment in full for all supply and sundries holds. We can store your items safely within our facilities (up to 14 days). If items remain uncollected, we will void your hold and issue a store credit.

Profresh and many of our facilitators are closed on all public holidays throughout the year. Should your order fall on a public holiday, it will be rescheduled to align with next incoming shipments.

Our team will notify customers whose orders are impacted by closures on public holidays.

We ask that the business owner provides written consent via email to info@profresh.com.au should you wish to authorise an individual to purchase on your behalf.

Please note we do not allow businesses to allow third-party ordering. Individuals who wish to pre-order must register their business and would need to meet the criteria of a Floral Trade Customer.

Profresh reserved the right to restrict customers ability to order and, or shop if they have outstanding balances exceeding their credit term limits.

This will be assessed by management on a case by case scenario.

These terms and conditions (the "Terms and Conditions") govern the use of www.profresh.com.au

This Site (www.profresh.com.au) is owned and operated by Profresh. This Site is an ecommerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Intellectual Property
All content published and made available on our Site is the property of Profresh and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

• Harass or mistreat other users of our Site;
• Violate the rights of other users of our Site;
• Violate the intellectual property rights of the Site owners or any third party to the Site;
• Hack into the account of another user of the Site;
• Act in any way that could be considered fraudulent; or
• Post any material that may be deemed inappropriate or offensive.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

Sale of Goods
These Terms and Conditions govern the sale of goods available on our Site. The following goods are available on our Site:

- Digital Downloads; and
- Merchandise.

These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Payments
We accept the following payment methods on our Site: - Credit Card.

When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:

• Immediate digital link to download; or
• Standard delivery by Australia Post. Delivery estimates 5-7 business days.

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and public holidays.

You will be required to pay delivery charges in addition to the price for the goods you purchase.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Limitation of Liability
Profresh and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Janki Shah and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law
These Terms and Conditions are governed by the laws of the State of Western Australia.

Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:

(08) 6113 8349
info@profresh.com.au
17 Northwood Street, West Leederville, WA 6007

Effective Date: 31st day of January, 2023

Type of website: Ecommerce Effective date: 31st day of January, 2023

www.profresh.com.au (the "Site") is owned and operated by Profresh.

Profresh can be contacted at:
(08) 6113 8349
info@profresh.com.au
17 Northwood Street, West Leederville, WA 6007

Purpose
The purpose of this privacy policy (this "Privacy Policy") is to inform users of our Site of the following:

1. The personal data we will collect;

2. Use of collected data;

3. Who has access to the data collected; and

4. The rights of Site users.

Privacy Policy
We will not collect any additional data beyond the data listed below without notifying you first.

Data Collected Automatically
When you visit and use our Site, we may automatically collect and store the following information:

1. Location;

2. Clicked links; and

3.Content viewed.

Data Collected in a Non-Automatic Way
We may also collect the following data when you perform certain functions on our Site:

1. First and last name; and

2. Email address.

This data may be collected using the following methods:

1. Making Payments.

How We Use Personal Data
Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy.

The data we collect automatically is used for the following purposes:

1. Statistics; and

2. Analytics.

The data we collect when the user performs certain functions may be used for the following purposes:

1. Improving our services

Who We Share Personal Data With

Employees
We may disclose user data to any member of our organisation who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy.

Other Disclosures
We will not sell or share your data with other third parties, except in the following cases:

1. If the law requires it;

2. If it is required for any legal proceeding;

3. To prove or protect our legal rights; and

4. To buyers or potential buyers of this company in the event that we seek to sell the company.

If you follow hyperlinks from our Site to another Site, please note that we are not responsible for and have no control over their privacy policies and practices.

How Long We Store Personal Data
User data will be stored until the purpose the data was collected for has been achieved.

You will be notified if your data is kept for longer than this period.

How We Protect Your Personal Data
In order to protect your security, we use strong browser encryption and store all data in secure facilities. All data is only accessible to restricted employees. Our employees are bound by strict confidentiality agreements and breach of this agreement would result in the employees termination.

While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical.

Children
We do not knowingly collect or use personal data from children under 16 years of age. If we learn that we have collected personal data from a child under 16 years of age, the personal data will be deleted as soon as possible. If a child under 16 years of age has provided us with personal data their parent or guardian may contact our privacy officer.

How to Access, Modify, Delete, or Challenge the Data Collected
If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, or if you would like your data to be deleted or modified in any way, please contact our privacy officer here:

(08) 6113 8349
info@profresh.com.au
17 Northwood Street, West Leederville, WA 6007

Modifications
This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the "Effective Date" at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy.

Contact Information
If you have any questions, concerns or complaints, you can contact our privacy officer, Hiten Shah, at:

(08) 6113 8349
info@profresh.com.au
17 Northwood Street, West Leederville, WA 6007

Effective Date: 31st day of January, 2023