Terms and conditions

OVERVIEW

This website is operated by Haliemas Flowers (Pty) Ltd, company registration number 2020/121254/07. Throughout the site, the terms “we”, “us”, “our” and "Haliema's Flowers" refer to Haliemas Flowers (Pty) Ltd. Haliema's Flowers offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

SECTION 1 - STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks – this is handled by our secure payment gateway, PayFast. By transacting on this Site, you agree to the terms and conditions of PayFast.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - COPYRIGHT

All content and material displayed on or incorporated in the Site, including but not limited to, data, images, software, databases, text, graphics, icons, links, private information, designs, agreements, lay-outs, sound clips, video clips, trade names, logos, advertisements, trade-marks and service marks, are the property of or under licence of Haliema’s Flowers, and is protected by law, including but not limited to copyright and trade mark law. All rights not expressly given are reserved. Any use, distribution or reproduction of the Website Content is prohibited.

 

SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 6 - PRODUCTS OR SERVICES

All products are subject to availability. Due to the nature of the flowers, seasonal availability and design interpretation, delivered products may vary slightly in appearance when compared to images on the website. All images, descriptive matter, specifications and advertising on our Site are for the sole purpose of giving an approximate description of the products. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your device’s display of any colour will be accurate.

In the event of supply difficulties, we reserve the right to substitute any item (for example, flowers, vases, chocolates, outer wrapping, etc.) with an item of similar style and equivalent/greater value and quality. If the substitution is significant, we will attempt to contact you to discuss the substitution, but are not obligated to do so. We, in our sole discretion, will determine what constitutes “significant”. If we are unable to reach you on the contact details you provided, we will assume that you accept the substitution.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy as described in section 10 of these terms and conditions.

 

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

SECTION 8 - ORDER PROCESSING, PRICING AND PAYMENT OPTIONS

Orders will only be processed once confirmation of payment is received.  You may not make any speculative, false or fraudulent purchases on the Site. Haliema’s Flowers reserves the right to change pricing at any time without prior notice.

All prices on the Site are quoted in South African Rands (ZAR). There is an option to display prices in alternative currencies, but this is based on an approximate conversion rate, only intended for indicative purposes, and may be outdated. For more accurate pricing in foreign currencies, you will need to refer to current ZAR conversion rate.

All transactions will be processed in South African Rands (ZAR). Haliema’s Flowers will not accept liability for any fees incurred for international transactions, including currency conversion differences, and / or charges made by your bank.

Payment for products may be made by Credit Card, Electronic Fund Transfer (EFT), Instant EFT, Masterpass and Zapper. Aside from EFT, all other payment methods are processed via our secure payment gateway, PayFast.

We accept Visa and MasterCard credit cards. You must be the owner of the credit card you are using, or have permission from the owner to use it. We reserve the right to cancel an order and refund the credit card if we suspect it is fraudulent.

We accept EFTs from South African bank accounts only. Banking details for EFT payments are: First National Bank, Branch Code: 250655, Account Name: Haliemas Flowers (Pty) Ltd, Account Number: 62845787946, Cheque (Current) Account. You will need to use the order number and your name as a reference when making the EFT payment.

If you choose to pay via EFT, proof of payment needs to be emailed to [email protected] within the following time frames:

• same day delivery/collection – within 1 hour of placing an order;
• next day delivery/collection – within 3 hours of placing an order;
• delivery/collection after next day – 2 days before the specified delivery date.

If we do not receive proof of payment within the allocated time, your order will be cancelled.

Should we have any security concerns around the authenticity of the proof of payment, your order will not be dispatched until the funds reflect in our account. We will contact you in advance to advise of any delays. In this event, should you wish to cancel your order, we will offer you a full refund.

For orders over R1000, if you choose to pay via EFT, your order will only be dispatched once the funds reflect in our account, regardless of whether proof of payment is sent to us. Depending on your delivery date and bank transfer cut-off times, this may cause delays in delivering your order. We will contact you to inform of any delays. It is, however, recommended that you use alternative payment methods, for example, credit card or instant EFT, for same day and next day deliveries where the order amount exceeds R1000.

SECTION 9 - DELIVERY

We deliver Monday to Saturday to selected suburbs in Cape Town, Stellenbosch and Paarl. No deliveries will made on Sundays and public holidays. We cannot guarantee exact time of delivery. Same day delivery is available for orders placed and fully paid for before 12pm.

It is the responsibility of the customer to ensure the correct address and contact details are provided for the intended recipient and that the recipient or any other person is available to receive the order. The delivery address provided should be found on a standard GPS.  Haliema’s Flowers cannot accept responsibility for errors or delays due to incomplete/incorrect information. We reserve the right to charge an additional delivery fee should the address details provided turn out be incorrect.

If recipient is not available at the time of delivery at the given address, we will leave the item with a neighbour or colleague, leave a voice message, contact the customer or coordinate with the recipient to redeliver. Our specific course of action will depend on what we deem most applicable to the circumstances. In the event where we have to redeliver, we reserve the right to charge an additional delivery fee.

Where a third party is involved, such as delivery to hospitals, hotels, businesses, offices etc., we will deliver in accordance with the facility’s procedures. We cannot be held liable, and cannot issue refunds, if these procedures prevent successful delivery or cause delays in delivery. If the delivery person is not allowed to deliver the items directly to the recipient, the delivery will be left at the reception desk, and this will constitute a successful delivery.

We shall not be liable for any delays in delivery or to failure to deliver due to any event or circumstance beyond our reasonable control. These circumstances to include but not be limited to a breakdown of systems or network access, 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.

 

SECTION 10 - CANCELLATIONS, AMENDMENTS, REFUNDS, COMPLAINTS AND RETURNS

Once your order has been processed and payment has been made, your right to a refund will be limited to these Terms and Conditions.

Refunds will take between three and ten working days to be processed and will only be given to the account holder (sender) and not the recipient of the order.

You may contact us to request a cancellation or an amendment to your order. We will process the cancellation or amendment, provided that your order has not yet been dispatched, prepared, or special supplies not yet ordered. No cancellations or amendments can be processed on the date of delivery. If your cancellation is successfully processed, we will refund you with a gift voucher to the full value of your purchase. Should you require a cash refund, we reserve the right to charge a 10% handling fee to cover expenses incurred by Haliema’s Flowers during the transaction; these expenses include, but are not limited to, currency conversions, taxes, bank fees and charges levied by our secure payment gateway. We also reserve the right to refund you using a payment method of our choice, but will usually use the same method used to place the order.

If we are unable to supply the product you ordered or provide a substitute, we shall notify you as soon as is reasonably possible and your payment will be refunded in full. We shall not be liable for any delays in delivery or to failure to deliver due to any event or circumstance beyond our reasonable control. These circumstances include but are not limited to a breakdown of systems or network access, 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.

Due to the perishable nature of the products used in our primary business, we do not accept any returns, unless there is a valid complaint. If the products we deliver are not what you ordered or the item is of an unreasonable quality, you need to lodge a complaint within 24 hours of delivery. No complaints will be accepted after this deadline has been reached. Complaints must be accompanied by digital photos clearly showing the products at the time of delivery.

We may question or challenge any complaints and will use professional discretion when dealing with complaints and issuing refunds. Any satisfaction guarantee that we may offer, and what will be used to determine the validity of a complaint, are only the aspects of our products or services that we have direct control over. This, for example, will not include delays in delivery or non-delivery where incorrect or incomplete addresses are provided by the customer, refused deliveries by a hospital or corporate premises, or flowers that are not cared for properly by the recipient. Any contestation of the acceptability of the use of substitutes or variation in design due to interpretation as described in section 6 of these terms and conditions, will not be taken into account to when assessing the validity of a complaint and applicability of any satisfaction guarantee we may offer.

We reserve the right to either refund or replace the product depending on the circumstances, and to withdraw the unsatisfactory items for review before any refund is made. For quality control purposes, the original product must be returned in order to receive the refund or replacement.

Any compensation for a complaint will be in the form of store credit loaded onto your online profile. No form of financial compensation will be offered under any circumstances.

 

SECTION 11 - VOUCHERS, COUPONS, PROMOTIONS AND COMPETITIONS

Haliema’s Flowers may run promotions and offer certain products at discounted prices over a certain period. These offers will only be valid during the defined promotion period. If an order is placed before the commencement of the promotion, with delivery taking place during the promotion period, the price of the product at the time of purchase shall prevail. No special discounts will be provided for orders already placed.

Promotions may depend on the availability of the products, even though this may not be expressly stated. We reserve the right to, at any time and without prior notice, change the terms of special offers, or withdraw them completely.

We also reserve the right to offer different personalised special offers, vouchers, coupons and promotions and it will therefore only be possible for the customer in receipt of the special offer or voucher to redeem the discount.

There are certain restrictions imposed on coupons and vouchers. Customers should check the expiry dates on coupons and vouchers, as it is only valid for a defined period.

Coupons are valid for only one purchase session, and only one coupon may be redeemed per person, per transaction. No “change” is given on any coupons.

Vouchers that are purchased or provided as a form of refund will be loaded with a certain value. If a purchase is made for less than the full value of the voucher, the balance will remain on the voucher. The vouchers may be used for multiple purchases until the value of the voucher is depleted.

Vouchers that are purchased can be redeemed for any product on the site.

Vouchers and coupons that are offered either complimentary or as form of refund or compensation, may not be redeemable on certain products, and may not be used in conjunction with any other promotion. A minimum spend may apply to enable the use of these vouchers or coupons.

Vouchers and coupons are not transferable for cash.

We reserve the right to cancel orders placed if there has been unsolicited or misuse of the voucher or coupon.

 

SECTION 12 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 13 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 14 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 15 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

 

SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product delivery charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 17 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site, its content or our services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 18 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Haliema's Flowers, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Haliema’s Flowers cannot be held liable or responsible for any allergic reactions to the products purchased from us. The area where our products are created and packaged may have nuts. Even though some of our products may be shown under the category of “Healthy Indulgence”, we are not responsible for any health, material, physical or other damages or losses that a customer or any third party could suffer from the purchase, consumption or use of our products.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 19 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Haliema's Flowers and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 20 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 21 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 22 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 23 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with South African law and any dispute connected with this agreement is subject to the exclusive jurisdiction of the South African courts.

 

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 25 - CONTACT INFORMATION

Physical Address: 63 Ernest Road, Rylands, Cape Town, Western Cape, South Africa

Contact number: +27 (0) 21 633 5151

Email: [email protected]

Questions about the Terms of Service should be sent to us at [email protected].