South Coast Florist Customer Terms and Conditions
Last updated July 2023.
The virtual marketplace www.South Coast Florist.co.za is owned and run by South Coast Florist a company incorporated in the Republic of South Africa (hereinafter referred to as “South Coast Florist”).
The Service that South Coast Florist offers in the virtual marketplace is a flower, gift and related products marketplace that enables Customers (including customers who are interested to transact and who transact through the marketplace) to trade in these products through a secure and convenient platform.
These Terms and Conditions between South Coast Florist and the Customer govern the provision of this Service by South Coast Florist 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.
South Coast Florist 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.
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.
All transactions will be processed in South African Rands (ZAR). South Coast Florist endeavours to market products through the virtual marketplace at competitive prices. The order price includes the price of the product and delivery charges, for delivery up to a radius of 50km 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.
We accept VISA, and Mastercard, credit cards. Credit card transactions. All transaction encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions
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 5 pm on weekdays (excluding public holidays) and between 9 am and 12 pm on Saturdays.
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 we have stock available, we will make every effort to ensure we 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 South Coast Florist 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 South Coast Florist 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 R90 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 driver 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 driver 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.
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 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 within12 days if paid by credit card.
Neither ourselves, 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.
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 South Coast Florist 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 South Coast Florist 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 South Coast Florist 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, South Coast Florist, at its sole discretion reserves the right to suspend, alter or terminate user registration and access to the virtual marketplace without notice.
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.
South Coast Florist 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, South Coast Florist assumes no responsibility for errors or omissions in the contents on the virtual marketplace. South Coast Florist furthermore does not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of the contents.
Subject to applicable laws, South Coast Florist 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 South Coast Florist have been informed of the possibilities of such damages. South Coast Florist 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.
South Coast Florist excludes all liability in respect of products as the products are supplied by the various Vendors.
Subject to applicable laws, you agree to indemnify South Coast Florist fully and on demand against any liability, penalty, claim, loss, cost or damages suffered by South Coast Florist where attributable to any wrongful act or omission by you or any person making use of your South Coast Florist account at any time or arising in any way as a result of a purchase made by you on the South Coast Florist virtual marketplace.
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.
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).
South Coast Florist 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 South Coast Florist. As such they are protected by local and international legislation and agreements.
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 South Coast Florist shall not be construed as a waiver or variation of any of our rights or remedies.