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Terms and Conditions


Bloomable Customer Terms and Conditions

Last updated May 2022.

Introduction

The virtual marketplace www.bloomable.co.za is owned and run by Bloomable (Pty) Ltd, registration number 2014/113750/07, a company incorporated in the Republic of South Africa (hereinafter referred to as “Bloomable”).

The Service that Bloomable offers in the virtual marketplace is a flower, gift and related products marketplace that enables Vendors (suppliers of products on offer) and Customers (including customers who are interested to transact and who transact through the marketplace) to trade in these products of the Vendor through a secure and convenient platform.

These Terms and Conditions between Bloomable and the Customer govern the provision of this Service by Bloomable to the Customer and by accepting the Terms and Conditions when registering as a Customer in the virtual marketplace, the Customer agrees to be bound by the Terms and Conditions. The Terms and Conditions is a legally binding document. Customer information will be processed in accordance with our privacy policy which is incorporated herein by reference. 

Bloomable reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this virtual marketplace. It is the Customer’s obligation to periodically check these Terms and Conditions on the virtual marketplace for changes or updates. The Customer’s continued use of this virtual marketplace following the posting of changes or updates will be deemed acceptance to abide by and be bound by the Terms and Conditions applying at the time of use, including such changes or updates.

Your account

To place an order through the marketplace, you must register an account with us. It is a requirement for all users to be over eighteen years of age. You agree and guarantee that the information you provide to us during registration is accurate and correct. To register, you must choose a password. You are solely responsible to keep your account access information – username and password – safe. If anyone enters your account access information (whether that be you, or anyone else), we assume that the person using the account is you and we will not be liable for any losses suffered from the unauthorized use of your account. 

You may use the username and password to log in for your own personal use only, and you may not pass on the information to any third party. You will immediately notify Bloomable in writing of any unauthorised use of your account, or other account-related security breach of which you are aware.

At any time, and without cause, we may cancel or suspend your account or access to the marketplace in our sole discretion, without any liability if you are in breach of these terms. All our rights in respect of our limitation of liability will survive the termination of these terms. 

The Virtual Marketplace

Bloomable is the supplier of the virtual marketplace but is not the supplier of the products. The Vendors supply the products that customers order through the virtual marketplace and are responsible for executing on the order, including delivery. Bloomable invoices customers on behalf of Vendors and also receives payment from customers on behalf of the Vendors in terms of the agreement between Bloomable and the Vendor. 

Products     

All images, descriptive matter, specifications and advertising on our virtual marketplace are for the sole purpose of giving an approximate description of the products. Due to the nature of the flowers and florist's handiwork, final delivered items may differ from the images shown on this virtual marketplace due to non-availability; the delivering florist may also substitute flowers, greenery, filler, container or accessories without notice to the Customer, but will always aim to present a product similar to the product displayed on the virtual marketplace. The same applies to other products such as gift boxes and food items.

Note that as the customer, it is your responsibility to ensure that the product ordered will be suitable for your needs, also considering any allergies that you or the recipient of the product may suffer from. Note that some products supplied by the Vendors may contain nuts or may have been manufactured in such factories. 

Order processing

Order processing begins when we receive a confirmed order and full payment. When we receive orders on a weekend or public holiday the order will be processed on the next working day.

Pricing and Payment Options

All transactions will be processed in South African Rands (ZAR). Bloomable endeavours to market products through the virtual marketplace at competitive prices. The order price includes the price of the product plus any applicable sales tax (if the Vendor is registered for VAT) and delivery charges, for delivery up to a radius of 10km from the Vendor’s premises.   The price that applies at the time of placing the order, will be the price payable in respect of the product.           

You may pay for products on the virtual marketplace by Credit Card, by Electronic Fund Transfer (EFT) or by direct deposit into our bank account.

We accept VISA, Mastercard, and Amex credit cards. Credit card transactions will be processed via Virtual Card Services (“VCS”). All credit card transactions are 128-bit Secure Socket Layers (SSL) encrypted. The company registration documents and the virtual marketplace's registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information. VCS is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. VCS Internet servers are protected by firewalls and intrusion detection systems. VCS continually reviews and enhances its security in line with technological changes.

If you choose to pay by EFT, you must use the unique order number in the reference line for your payment. If you are paying via EFT from outside of South Africa, please be aware of the following: 1) you must select your local currency as the payment currency in order to avoid charges; and 2) you are obliged to accept any additional bank or processing fees levied on the transaction or incurred as a result of foreign exchange. Bloomable and/or the Vendor will not accept liability for any additional fees incurred for international transactions.

Proof of Payment should be emailed to Bloomable on care@bloomable.co.za, but note that we will only start processing your order once payment has been received and reflects in our bank account.      

The Bloomable banking details are as follows: Bank: FNB; Branch Code: 210651; and Current Account No: 62328305447.

Delivery

Products ordered through the virtual marketplace can unfortunately not be delivered to farms, outlying plots, townships or informal settlements.

Delivery time is dependent on product stock availability.

Orders will be delivered any time between 9 am and 6 pm on weekdays (excluding public holidays) and between 9 am and 5 pm on Saturdays. Note that the Bloomable customer care and call centre operations will only be available on a Saturday between 9 am and 1 pm.

Any specific delivery times requested on an order form cannot be guaranteed.

When orders are placed on a weekend or public holiday, the order will be processed on the next working day. 

Same day deliveries are not guaranteed. Should Vendors have stock available, we will make every effort to ensure Vendors dispatch orders on the same day, provided payment is received before 13h00 on the day. Note that in this instance it is still likely that the delivery will only be effected in the afternoon.

Every effort is made to effect delivery of your order timeously, however, unforeseen circumstances may cause delays, in which case      Bloomable will contact you via email and provide a revised delivery schedule. Customers must provide us with South African contact numbers for recipients in order to effect delivery. 

The Bloomable delivery fee is based on distance and if the delivery address changes for any reason resulting in a longer distance, the delivery fee will increase. Generally, we make two attempts to deliver whereafter an additional R75 may be charged for each attempt. 

Our rule of thumb is that if an address cannot be found on a standard GPS, then we reserve our rights to make alternate arrangements with the recipient to ensure that the product is delivered to them. 

Please ensure that all delivery details are accurate before checking out. If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which are not received. You will also be billed for any additional costs that may be incurred as a result of failed delivery attempts relating to incorrect information provided or a change in delivery address.     

You agree that if a recipient is unavailable at the given address, the delivering partner can leave the product with a neighbour / co-worker / leave a calling card / leave a voice message or coordinate with the recipient to re-attempt delivery, depending on what is most applicable to the circumstances.

If the delivery partner is not allowed to deliver the flowers or gifts directly to the recipient for orders to be delivered to hospitals, hotels and business addresses, the delivery will be left at the reception desk, which will constitute successful delivery.

No deliveries will be left unattended at the recipient’s premises or elsewhere and delivery will always be to a person. 

Refunds/Returns Policy

When payment has been made and we have started processing your order, your right to a refund may be limited.     

In the event that we are unable to find a Vendor to supply the flower product ordered or any substitute flower product, we shall notify you as soon as is reasonably possible and shall reimburse your payment in full within 49 business hours in case of an EFT payment or within 12 days if paid by credit card.      

Neither ourselves, nor the Vendor or any courier or carrier service that the Vendor uses shall be liable for any failure to perform on an order, where such failure or delay results from any circumstances outside of our reasonable control; these circumstances to include but not be limited to any adverse weather conditions such as snow, flood, extreme winds, fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or from any industrial dispute or strike.

In the event of a complaint, the fees paid in respect of the order may be refunded or the order may be replaced,  depending on the circumstances, and provided that the complaint was reported within 36 hours from 5pm on the requested delivery date. Due to the nature of flowers and the responsibility of the recipient to care for them once delivered, no complaints will be accepted after this deadline has been reached. Complaints must be accompanied by a photograph of the product that is the cause of the complaint and sufficient details on the complaint to determine the appropriate remedial action required, if any.

Note that as a result of the nature of the product, return rights in law may not apply.      

Vouchers, Coupons, Promotions & Competitions

We may, at our discretion, make promotional codes and the like available to you, providing a discounted fee. The promotional codes will be distributed for free by us and will be strictly enforced regarding any expiry date linked to such promotional code and other terms that may apply to the promotional code.      

Use of Virtual marketplace

Some devices may not support the use of our platform. It is your responsibility to keep your device(s) updated and/or in a condition for them to support the use of our platform, including internet access capabilities.

You may only use this virtual marketplace to browse the content, make legitimate purchases and shall not use this virtual marketplace for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase.

This virtual marketplace and the content provided in this virtual marketplace are owned by or licensed to Bloomable and may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorised use of this virtual marketplace and/or the materials contained on this virtual marketplace may violate applicable copyright, trademark or other intellectual property laws or other laws.

Users are prohibited to attempt any violations to the security of Bloomable including, but not limited to infecting our marketplace or website with any software, malware or code that may infect, damage, delay or impede the operation of our platform or which may intercept, alter or interfere with any data generated by or received through our platform.

Users may not use malicious search technology, including, but not limited to, spiders and crawlers or attempt to interfere with the host or network by overloading or spamming, forging of TCP/IP packet header or any part of the header information in any email or newsgroup posting or by accessing information not intended for such user or logging into a server or account which the user is not authorised to access.

Users are prohibited from posting any information onto the Bloomable virtual marketplace that is obscene, offensive, vulgar, defamatory, threatening, harassing, abusive, hateful, racist, sexist, discriminatory, of a menacing character or embarrassing, or which may cause annoyance, anxiety or inconvenience to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business; post chain letters or pyramid schemes or that impersonates another person.

Should a user breach any of these Terms and Conditions, Bloomable, at its sole discretion reserves the right to suspend, alter or terminate user registration and access to the virtual marketplace without notice.

Social Media Interaction      

The platform may allow you to create an account, profile, log in and/or share information through connecting to various social media sites or apps, including Facebook, Twitter, LinkedIn, and Instagram.

If you proceed to use our services in such context, then the relevant social media websites' rules will also apply, and you agree to such integration.

Limitation of Liability

The contents of this virtual marketplace are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.

Bloomable will use our reasonable endeavours to maintain the virtual marketplace. The virtual marketplace is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the virtual marketplace or because of a failure, suspension or withdrawal of all or part of the virtual marketplace due to circumstances beyond our control.

Subject to applicable laws, Bloomable assumes no responsibility for errors or omissions in the contents on the virtual marketplace. Bloomable furthermore does not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of the contents.

Subject to applicable laws, Bloomable shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if Bloomable have been informed of the possibilities of such damages. Bloomable cannot assume any obligation or responsibility in this regard.      

The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

Bloomable excludes all liability in respect of products as the products are supplied by the various Vendors.

Indemnity

Subject to applicable laws, you agree to indemnify Bloomable fully and on demand against any liability, penalty, claim, loss, cost or damages suffered by Bloomable where attributable to any wrongful act or omission by you or any person making use of your Bloomable account at any time or arising in any way as a result of a purchase made by you on the Bloomable virtual marketplace.

Third Party Links

In an attempt to provide increased value to our Users, we may provide links to other virtual marketplaces or resources. You acknowledge and agree that we are not responsible for the availability of such external virtual marketplaces or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such web virtual marketplaces, including (without limitation) any advertising, products or other materials or services on or available from such web virtual marketplaces or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external virtual marketplaces or resources.

Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the virtual marketplace. We may investigate any reported violation of these Terms and Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the virtual marketplace).

Copyright

Bloomable owns or is licensed to use all copyright relating to the virtual marketplace, including these Terms and Conditions. All rights not expressly given are reserved. You may download, view and print content from this site only for private and non-commercial use. All content, trademarks and data on this virtual marketplace, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, are the property of or under licence of Bloomable. As such they are protected by local and international legislation and agreements.

General           

These terms and action related thereto and rights and obligations flowing from it, shall be interpreted and governed, by and under the laws of South Africa. Should users outside of this jurisdiction access the virtual marketplace, they do so at their own risk and are responsible for compliance with applicable local laws and regulations.

Should any part of these Terms and Conditions be held by a court of competent jurisdiction to be unenforceable, the validity and enforceability of the remainder of the Terms and Conditions shall not be affected.

These Terms and Conditions constitute the whole agreement between the parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.

Any indulgence of whatsoever nature granted by Bloomable shall not be construed as a waiver or variation of any of our rights or remedies.

Contact Details and Legal Disclosures:

Website owner: Bloomable (Pty) Ltd (trading as "Bloomable"), company registration number 2014/113750/07.

Legal status: Bloomable is a private company, duly incorporated in terms of the applicable laws of the Republic of South Africa.

Director(s): Llewellyn Claasen; Matthew Andziej Surkont

Description of main business: electronic platform through which users may order flowers and gifts

Website address: www.bloomable.co.za

Physical Address: Unit 1C, Matrix, Bridgeways Precinct, Century City, 7441 

Registered Address: Unit 1C, Matrix, Bridgeways Precinct, Century City, 7441 

Postal address: FUnit 1C, Matrix, Bridgeways Precinct, Century City, 7441  

Email: care@bloomable.co.za

Telephone number: 087 231 0319

For more information about how to order, special order requirements and other payment options, please call our support team on 087 231 0319 or email us at care@bloomable.co.za

                                             




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