By accessing this Site using the Services, you hereby agree:
(ii) that you are the user of the Site and/or Services and are 18 years or above.
Site and Services
1.1 The Site is owned and maintained by Capetown Blooms.
1.2 Capetown Blooms operates an online flower store through the Site, which offers one or more of the following features and services (each a “Service” and collectively the “Services”), mainly for the browsing and purchasing of flower products:
1.2.1 access to a collection of information, products, services, data, text, listings, pricing, graphics, images, videos, audio files and other types of works;
1.2.2 search engines or tools;
1.2.3 blogs, message boards, communication tools;
1.2.4 email or message alerts; and
1.2.5 any other services, features, content or applications that Capetown Blooms may offer through the Site from time to time in our sole and absolute discretion.
1.3 Capetown Blooms reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services, Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
2.2 You agree not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use for any commercial or other purposes, any portion of, or any access to:
2.2.1 any Service;
2.2.2 the Site;
2.2.3 any materials, information, news, advertisements, listings, pricing, data, input, text, songs, audio, video, pictures, graphics, software, blogs, forums, message boards, broadcasts, comments, suggestions, ideas and other content, that is made available on or via the Site or Services (collectively, “Content”),
2.3 Without prejudice to the generality of Clause 2.1, you agree not to reproduce, display or otherwise provide access to the Site, Services or Content, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of Capetown Blooms.
2.4 The Site and all Content are the copyrighted work of Capetown Blooms or our content or software providers, and Capetown Blooms reserves and retains all rights in the Site and Content.
2.5 You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Sie or any Content, except under the specific circumstances expressly permitted by law or Capetown Blooms in writing.
2.6 You may not hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or our servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, spamming, reverse engineering or reprogramming.
3.1 To access certain parts of the Site or Services, you will be required to sign-up for an account with Capetown Blooms (“Account”) and select a user name ("User Name") and password ("Password").
3.2 You are solely responsible for safeguarding and maintaining the confidentiality of your User Name and Password. You agree not to:
3.2.1 share or permit others to use your Account or Password; or
3.2.2 assign or transfer your Account to any other person or entity.
3.3 You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your Account. Capetown Blooms shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account. If you are aware of any actual or suspected unauthorised use(s) of your Account, or loss, theft, or unauthorised disclosure of your Password, please promptly notify us at: email@example.com.
3.4 Each household or delivery address may only register one (1) Account. Multiple Account(s) registering the same delivery address may be permitted at our sole discretion.
3.5 Please provide accurate, complete, and up-to-date information required for your Account. You may at any time change or update your Account information by clicking here.
3.6 Where a delivery address is associated with multiple Account(s) without our written authorisation, or fraudulent or wrongful use of an Account is detected or suspected, we reserve the right at our sole discretion and without liability, and without prejudice to our other rights and remedies under this Agreement or at law, to immediately:
3.6.1 cancel any orders placed through such Account(s);
3.6.2 cancel or invalidate any credits or discount vouchers, coupons or codes awarded to or used by such Account(s);
3.6.3 prohibit such Account(s) or persons from participating in any promotions, contests or surveys of Capetown Blooms; and/or
3.6.4 merge, suspend and/or terminate Account(s).
Orders, Pricing & Payments
4.1 Delivery areas
At present, Capetown Blooms delivers to most areas in mainland South Africa, but not certain areas. You may contact us at firstname.lastname@example.org to check on our delivery coverage. Capetown Blooms will only process and accept orders within our delivery coverage.
4.2.2 All orders made by you are subject to stock availability. Capetown Blooms reserves the right to cancel, amend or reject your order in whole or in part, at any time and without liability or compensation, where any product is out of stock, damaged or spoilt, or unavailable for any other reason.
4.3 Product Information, Pricing and Payment
4.3.1 Capetown Blooms endeavours to provide you with accurate and up-to-date pricing, product and promotional information. However, errors may sometimes occur and we do not guarantee that the pricing, images or other product or promotional information provided will be error-free, updated or complete. You agree that Capetown Blooms shall not be liable for any errors in the pricing and product or promotional information listed on our Site or through our Services. The price to be paid by you shall be based on our prevailing selling price at the time we receive your order, which may or may not be correctly reflected on the Site or through our Services.
4.3.2 If the actual price of any item ordered by you is higher than that reflected on the Site or through our Services, we will inform you and you will be given an option to confirm or cancel your purchase of such item based on the correct price. By confirming your purchase, you authorise us to charge the additional amounts to you. If you elect to cancel the purchase, we will reverse or refund payment for such item in accordance with our prevailing refund policy at such time. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
4.3.3 Where the actual price of any product is dependent on its weight (“Weighed Item”), we will provide an estimate of the price based on indicated weight and our current prevailing rates at the time of checkout. The actual weight and related price of the Weighed Item will be made known to you at the time of delivery and:
(i) in the event of any shortfall in payment, we reserve the right to charge you for the additional amounts; and
(ii) in the event of any overpayment, we will reverse or refund the excess amounts paid for such item in accordance with our prevailing refund policy at the time of delivery.
(iii) All product prices are shown in South Africa dollars and are inclusive of Goods and Services Tax. Prices of products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice.
4.3.4 Payment for all orders shall be made in South Africa dollars.
4.3.5 We accept payment for orders by MasterCard, Visa and Paypal only. Kindly note that Paypal currently accepts MasterCard, Visa, American Express and Discover cards, and the credit/debit cards and payment methods accepted by Paypal is subject to change.
4.3.6 By placing your order, you authorise us to transmit information or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation, to protect you and us from fraud, and to enable us to arrange delivery of your order to your nominated delivery address.
Promotions, Voucher Codes and other privileges and programmes
5.2 Promotions, contests, privileges and programmes are only valid for the time period specified by Capetown Blooms.
5.3 The following terms shall apply to the use of credits, vouchers, coupons and codes (“Voucher Codes”):
5.3.1 Each Voucher Code is only eligible for a single use and is only valid for the time period specified by Capetown Blooms.
5.3.2 The Voucher Codes may only be redeemed by purchasing certain products from Capetown Blooms during the applicable validity period.
5.3.3 Use of any Voucher Code must be indicated at the time of checkout, and all information required by Capetown Blooms must be provided. No retroactive use of the Voucher Code is permitted.
5.3.4 Voucher Codes cannot be used in conjunction with any other promotion, voucher, coupon, code or offer, including but not limited to discounted sale items, unless otherwise stated.
5.3.5 A minimum spend may be required before use of the Voucher Code is permitted.
5.3.6 Voucher Codes cannot be refunded, redeemed or exchanged for cash.
5.3.7 Resale, transfer and sharing of Voucher Codes are strictly prohibited. In spite of the above, gift vouchers, if offered by Capetown Blooms, may be purchased by you and given to others.
5.3.8 No reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Voucher Codes is allowed.
5.3.9 Voucher Codes are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used.
5.3.10 Capetown Blooms reserves the right to verify the validity of any Voucher Code and to declare null and void, any Voucher Code which in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used.
5.3.11 Capetown Blooms reserves the right to vary or impose such other terms and conditions as we deem appropriate from time to time by posting the varied terms and conditions on the Site.
5.4 Where any free gift is offered as part of a promotion, the free gift is offered on a “first come first serve” basis and while stocks last basis. No cash will be offered in lieu of the gift.
5.5 Where you are permitted to return any product to Capetown Blooms for a refund and such product was originally purchased under a promotion or discount, you will only be refunded the amount that you originally paid for such product. Where the promotion or discount had applied to the entire order, we will refund you the selling price of the returned product less the promotion or discount applied to the returned product on a pro-rata basis. Further, any free promotional gift given with an order must also be returned if you are returning the product(s) to which the gift related.
5.6 Capetown Blooms's decision on all matters relating to promotions, discounts, Voucher Codes and other privileges is final and binding.
5.7 Capetown Blooms reserves the right to discontinue any promotion, discount, Voucher Code programme, contest, privileges or programme at any time without notice or liability.
6.1 Delivery slots are subject to availability.
6.2 Bulk orders may be subject to a different delivery cost and may require a longer delivery time to be fulfilled. “Bulk order” means an order for any product that comprises quantities of beyond 48 units, unless otherwise stated in writing by Capetown Blooms. Please contact us at email@example.com to place a bulk order.
6.3 Capetown Blooms will endeavour to deliver the products to your delivery address within the delivery time frame selected by you, but does not and cannot guarantee that the delivery time frames will be met as there may be factors outside of our control which may result in early or delayed deliveries. You agree that Capetown Blooms shall not be liable for any deliveries made outside the delivery time frame.
6.4 Please notify Capetown Blooms immediately of any change to your delivery address, date or time of delivery, or contact number. Any changes in the delivery address or date or time of delivery after the submission of your order may incur an administrative charge of S$10.00.
6.5 Where you specifically instruct Capetown Blooms to leave your delivery outside the door of the specified delivery address, such delivery shall be at your sole risk and you accept all liability and risk of loss, theft and damage. For all other deliveries, please arrange for someone to receive the delivery and sign off the delivery invoice or device.
6.6 If the delivery includes alcoholic drinks or any other age-restricted items, which may not be delivered to a minor, please ensure a person of 18 years of age or older with appropriate identification is present to take delivery of the alcoholic drinks or other items. Capetown Blooms reserves the right not to deliver any age-restricted product to anyone who is, or appears to be under, the age of 18 years old, and to charge the Customer an additional re-delivery fee of S$10.00.
6.7 If an order is cancelled, or if no one is at the delivery location to receive the order during the chosen delivery slot, Capetown Blooms reserves the right to reschedule or cancel the delivery and charge you a re-delivery or cancellation fee of S$10.00.
6.8 If there is any damaged or incorrect product (s) (including delivery of additional product(s) not ordered by you), please contact us within 24 hours at firstname.lastname@example.org. Capetown Blooms at its sole discretion, will offer a replacement or refund of the damaged or incorrect product(s), or arrange for the re-delivery, collection and/or return of the incorrect product(s).
7.1 The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the Site and all Content shall vest in and remain with Capetown Blooms and its licensors.
7.2 The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Capetown Blooms and other third parties, and all rights to the Marks are expressly reserved by Capetown Blooms and relevant third parties. You are not permitted to use the name of Capetown Blooms or any Marks, including in any advertising or publicity or as a hyperlink, without the prior written consent of Capetown Blooms or such third party.
7.3 The domain name on which the Site is hosted on is the sole property of Capetown Blooms and you may not use or otherwise adopt a similar name for your own use.
Comments, Feedback and Other Information
8.1 You may provide or submit comments, feedback, suggestions and other content or information (collectively, “Comments”) so long as the content is not illegal, criminal, immoral, inappropriate, hateful, obscene, defamatory, offensive, violent, abusive, political, religious, infringing or disrespectful in nature, and does not consist of or contain software viruses, solicitation or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a Comment. Capetown Blooms reserves the right (but not the obligation) to review, remove or edit such content.
8.2 You hereby grant Capetown Blooms a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable licence to use, reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute and exploit any Comments that you provide or publish through or in relation to the Site, for any purpose as Capetown Blooms may require at its sole discretion. You further agree that Capetown Blooms may use and publish your name in connection with such Comments.
Disclaimers & Limitations
9.1 While we make every effort to ensure that the Site, Services and all Content is accurate and complete, we provide the Site, Services and Content on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Capetown Blooms disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, Capetown Blooms does not warrant that the functions contained in or access to the Site, Services, Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, or Content are free of viruses or other harmful components. Capetown Blooms does not warrant or make any representations regarding the use or the results of the use of the Content, the Services, the Site in terms of their correctness, accuracy, completeness, reliability, or otherwise.
9.2 You agree that:
9.2.1 Capetown Blooms shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; and
9.2.2 access to or the operation of the Site and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors,
and in any such event, Capetown Blooms shall not be liable for any loss, liability or damage which may be incurred as a result.
9.3 In no event shall Capetown Blooms be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Services, the Site, Content or any other website or device. In the event that Capetown Blooms is liable for damages despite the foregoing provision, you agree that Capetown Blooms’s aggregate liability to you for any and all causes of action in relation to:
9.3.2 in all other cases (including any use of the Site or Services), shall not exceed S$1.
9.4 In no event shall Capetown Blooms be liable for any indirect, special, consequential, or incidental damages that result from the Services, Site or Content, or your use of, or the inability to use, the Services, Site, Content or any other website or device, even if Capetown Blooms or a Capetown Blooms authorised representative has been advised of, or should have foreseen, the possibility of such damages.
9.5 You agree that the above exclusions and limitations of liability enable the Services and the Content to be provided by Capetown Blooms at either reasonable costs or no costs to you.
10.1 Capetown Blooms may provide links, plug-ins, widgets or other connections to other sites ("Linked Sites") that may be of relevance and interest to users. Capetown Blooms has no control over, and is not responsible for the content on or obtained through the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability, accuracy or reliability of any of the Linked Sites. You hereby agree to assume all risk arising from the use of the Linked Sites and hereby irrevocably waive any claim against us with respect to the Linked Sites. Capetown Blooms does not endorse, recommend or guarantee any of the Linked Sites, and Capetown Blooms expressly disclaims all liabilities and responsibilities arising in relation to any Linked Sites.
Security & Privacy
Suspension & Termination
12.1 You agree that Capetown Blooms has the right in its sole and absolute discretion and without notice or liability to:
12.1.1 restrict, suspend, or terminate your access to all or any part of the Site or Services; and/or
12.1.2 terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account,
without assigning any reason.
Notification of Infringement
13.1 Capetown Blooms reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of the Site, Services or Content (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site or Services, please notify Capetown Blooms in writing immediately in the form and containing the information prescribed by the South Africa Copyright Act (Cap. 63) (“Infringement Notice”).
13.2 All Infringement Notices shall be sent to Capetown Blooms addressed as follows:
Capetown Blooms Limited
69 Boat Quay
South Africa 049857
Email address: email@example.com
13.3 Capetown Blooms will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against Capetown Blooms in respect of any Infringing Material, unless you have first given Capetown Blooms the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter Capetown Blooms refuses or fails to remove the Infringing Material within a reasonable time. Where Capetown Blooms removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against Capetown Blooms under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by Capetown Blooms.
13.4 You acknowledge and agree that Capetown Blooms has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on or through Linked Sites or other third party sites.
14.1 The Site and Services are meant for use by residents of South Africa only. Capetown Blooms makes no representation that the Services and Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
15.1 You agree to indemnify and hold Capetown Blooms, and its officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
15.1.1 any use of the Site or any Service;
15.1.2 your connection to the Site;
15.1.4 your violation of any rights of another person or entity; or
15.1.5 your breach of any statutory requirement, duty or law.
Relationship of Parties
18.1 No waiver of any rights or remedies by Capetown Blooms shall be effective unless made in writing and signed by an authorised representative of Capetown Blooms.
Governing Law & Jurisdiction
20.2 You hereby agree to submit to the non-exclusive jurisdiction of the South Africa courts.
- Cancellation of Orders:
21.1 Orders that are cancelled no later than 48 hours before delivery will result in a full refund
21.2 Orders canceled between 12 and 48 hours before dispatch time with result in a $10 cancellation fee applied
21.3 Orders cancel within 12 hours before dispatch time, will result in a 50% refund only.
21.4 *The dispatch time is defined as the earliest minute in a delivery time slot, for example 9-12pm counts 9am as dispatch time;
- Updating of Orders
22.1 If you want to change products, change delivery address, update message cards content, please contact us no later than 12 hours before dispatch time. Within 12 hours, we will still try our best but please understand we might be unable to fulfill your requests;
- Special Delivery Instructions
23.1 If you have any special instructions regarding your order, we will try our best to fulfill but please understand there is no guarantee on them;
- Potential Delivery Issues
24.1 We highly recommend that you could provide us with full address including: postcode and unit number. Unclear address might lead to fail delivery, we will contact you for rescheduling second delivery if that happens but re-delivering fee will be applied;
24.2 If our couriers arrive the address within time slot and recipient is not around, our couriers will leave the order at proper place (reciptions, neighbors’.etc) and inform the recipient. However, if there is no any safe places to leave the order, we will contact you for rescheduling second delivery and re-delivering fee will be applied;