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These Terms and Conditions ("Terms") govern your use of the website floralsense.co.za ("Website") and any purchases made through it or in-store. By accessing or using this Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website.

1. ABOUT US

Floral Sense CC ("we", "us", "our", "Floral Sense") is a florist and gifting service operating in South Africa.

Business Name: Floral Sense CC

Website: floralsense.co.za

Email: info@floralsense.co.za

WhatsApp: 066 223 3473

Physical Address: 14 Travertine Crescent, Durban North, KwaZulu-Natal, South Africa

2. USE OF THE WEBSITE

You agree not to use this Website for any unlawful purpose or in any way that may damage, disable, overburden, or impair the Website.

You may not:

  • Attempt unauthorised access to the Website, servers, databases, or related systems;
  • Interfere with or disrupt the functionality or security of the Website;
  • Misuse, reproduce, distribute, or exploit any content, branding, images, or materials displayed on the Website without prior written consent;
  • Use the Website in a manner that infringes the rights of Floral Sense or any third party.

3. PRODUCTS AND SERVICES

Floral Sense sells floral arrangements, bouquets, plants, gift items, and related products ("Products").

3.1 Product Images

Images displayed on the Website are for illustrative purposes only. Due to seasonal availability, supplier differences, and the handcrafted nature of floral arrangements, the final product may vary slightly in:

  • Flower type;
  • Colour shade;
  • Wrapping or packaging;
  • Vase or container;
  • Decorative elements.

Floral Sense will always endeavour to match the overall style, theme, quality, and value of the product ordered.

3.2 Substitutions

If certain flowers, plants, containers, gift items, or other components are unavailable, Floral Sense reserves the right to substitute them with similar items of equal or greater value while maintaining the overall appearance and quality of the arrangement.

4. PRICING

All prices are displayed in South African Rand (ZAR) and include Value Added Tax (VAT), where applicable, unless otherwise stated.

Prices may change at any time without notice; however, the price confirmed at checkout will apply to your order.

In the event of pricing errors or inaccuracies, Floral Sense reserves the right to cancel affected orders and provide a full refund where payment has already been received.

5. ORDERING PROCESS

By placing an order through floralsense.co.za, you confirm that:

  • All information provided is accurate, complete, and up to date;
  • You are legally capable of entering into a binding agreement;
  • You are authorised to use the selected payment method.

Orders are only confirmed once payment has been successfully processed and cleared.

Floral Sense reserves the right to refuse, decline, or cancel an order if:

  • Payment is not received or authorised;
  • Delivery details are incorrect, incomplete, or unverifiable;
  • Products are unavailable;
  • Fraud, misuse, or suspicious activity is suspected;
  • A pricing or technical error has occurred.

If an order is cancelled after payment has been received, a refund will be processed in accordance with these Terms and Conditions.

6. PAYMENTS

Floral Sense accepts payments via PayFast, a secure third-party payment gateway.

Customers may use any payment methods supported by PayFast, including but not limited to:

  • Credit cards;
  • Debit cards;
  • Instant EFT;
  • Bank transfer;
  • Other payment methods made available by PayFast from time to time.

Floral Sense does not store or have access to customers' full card details or banking credentials.

By placing an order, you confirm that:

  • You are authorised to use the selected payment method;
  • All payment information provided is accurate and lawful.

Floral Sense shall not be responsible for delays, failures, or errors caused by PayFast, financial institutions, or other third-party payment providers.

Orders will only be confirmed once payment has been successfully received and cleared.

Chargebacks and Payment Disputes

Customers agree to contact Floral Sense to resolve concerns before initiating a chargeback with their payment provider.

Floral Sense reserves the right to dispute unjustified chargebacks and may provide supporting evidence, including delivery confirmations, photographs, communications, and proof of fulfilment.

Fraudulent chargebacks may result in legal action and recovery of associated costs.

7. DELIVERY

7.1 Delivery Areas

Floral Sense offers delivery across South Africa.

In certain areas, orders may be fulfilled through trusted third-party florists to ensure timely delivery and product availability.

By placing an order, you acknowledge and accept that:

  • Your order may be prepared and delivered by a third-party florist on behalf of Floral Sense;
  • Product presentation may vary slightly due to local availability and seasonal stock;
  • Substitutions may be made in accordance with these Terms;
  • If Floral Sense is unable to fulfil your order, you will be notified and a full refund will be issued within 12 hours of order confirmation.

7.2 Delivery Times

Delivery times are estimates only and are not guaranteed.

Delays may occur due to traffic conditions, weather events, load-shedding, high order volumes, recipient availability, or circumstances beyond Floral Sense's control.

Same-day delivery may be available in selected areas subject to cut-off times and availability.

7.3 Delivery Fees

Delivery fees are calculated at checkout based on the delivery address and selected delivery options.

Applicable fees will be displayed before order confirmation.

7.4 Recipient Availability

Customers are responsible for ensuring that:

  • Delivery details are accurate and complete;
  • The recipient is available to accept delivery;
  • Necessary access instructions are provided.

Additional delivery charges may apply where re-delivery is required due to incorrect information or recipient unavailability.

7.5 Safe Drop / Leaving with Someone

If the recipient is unavailable, Floral Sense or the fulfilling florist may:

  • Leave the order with reception, security personnel, neighbours, or another authorised person where reasonably safe;
  • Contact the customer for further instructions.

Once delivered or accepted at the specified delivery address, Floral Sense shall not be responsible for loss, theft, deterioration, or damage.

7.6 Risk and Ownership

Ownership of Products passes to the customer upon receipt of full payment.

Risk in the Products passes to the customer or recipient upon successful delivery to the nominated delivery address or authorised recipient.

8. CANCELLATIONS, REFUNDS, AND RETURNS

Due to the perishable nature of flowers, refunds and cancellations are strictly limited.

8.1 Cancellations

Orders may only be cancelled if:

  • Cancellation is requested before preparation or dispatch; and
  • Cancellation is confirmed by Floral Sense in writing.

Same-day delivery orders generally cannot be cancelled once processing has commenced.

8.2 Consumer Protection Act Cooling-Off Rights

In terms of Section 16 of the Consumer Protection Act 68 of 2008 ("CPA"), consumers may have certain cooling-off rights.

However, these rights do not apply to perishable goods, including fresh flowers, floral arrangements, or customised products prepared according to customer specifications.

8.3 Refund Timeframe

Refund requests must be submitted within 24 hours of delivery.

Requests received after this period will not be considered.

8.4 Refund Eligibility

Refunds may be considered where:

  • The order was not delivered;
  • The delivered product is materially different from the product ordered, excluding permitted substitutions;
  • The product arrived damaged due to Floral Sense's handling.

Customers may be required to provide:

  • Order details;
  • Photographs;
  • Supporting information reasonably requested by Floral Sense.

8.5 Non-Refundable Circumstances

Refunds will not be issued for:

  • Complaints made after 24 hours from delivery;
  • Incorrect delivery information provided by the customer;
  • Recipient refusal or unavailability;
  • Delays beyond Floral Sense's reasonable control;
  • Natural variations in flowers, colours, and seasonal substitutions.

Approved refunds will be processed to the original payment method.

8.6 Returns

Flowers and other perishable goods cannot be returned unless defective or damaged upon arrival.

Non-perishable gift items may be eligible for return at Floral Sense's discretion, provided they remain unused and in original packaging.

9. SPECIAL DATES

During peak periods including Valentine's Day, Mother's Day, and similar occasions:

  • Delivery windows may be extended;
  • Product substitutions may occur more frequently;
  • Order cancellations may not be possible once processing begins.

10. PROMOTIONS, VOUCHERS, AND DISCOUNT CODES

Promotional offers, vouchers, discount codes, and special pricing are subject to separate terms and conditions.

Floral Sense reserves the right to modify, suspend, or terminate promotions without notice.

Promotions cannot be exchanged for cash and may not be combined unless expressly stated.

11. GIFT MESSAGES

Customers are solely responsible for the content of gift messages submitted with orders.

Floral Sense reserves the right to refuse, amend, or remove messages that are unlawful, offensive, threatening, defamatory, discriminatory, obscene, or otherwise inappropriate.

12. CUSTOMER ACCOUNTS

Where customer accounts are available, customers are responsible for maintaining the confidentiality of account credentials.

Customers accept responsibility for activities conducted through their accounts.

Floral Sense shall not be liable for unauthorised access resulting from customers failing to secure their login information.

13. INTELLECTUAL PROPERTY

All Website content, including text, images, logos, branding, designs, graphics, and other materials, is owned by or licensed to Floral Sense.

Such content may not be copied, reproduced, modified, distributed, or otherwise used without prior written permission.

Reporting Intellectual Property Infringement

Any person believing that content on the Website infringes intellectual property rights may contact Floral Sense with sufficient details to investigate the matter.

14. PERSONAL INFORMATION AND POPIA

Personal information is collected and processed in accordance with the Protection of Personal Information Act, 4 of 2013 ("POPIA").

Information is used solely to:

  • Process orders;
  • Arrange deliveries;
  • Communicate with customers;
  • Comply with legal obligations.

Floral Sense does not sell personal information to third parties.

Customers may request access to, correction of, or deletion of their personal information, subject to applicable legal requirements.

Personal information will only be retained for as long as necessary for legitimate business purposes or as required by law.

15. COOKIES

The Website may use cookies and similar technologies to improve user experience, analyse Website traffic, remember preferences, and facilitate Website functionality.

Users may disable cookies through browser settings, although some Website functionality may be affected.

Floral Sense is not responsible for the content, privacy practices, or availability of third-party websites linked from this Website.

17. ELECTRONIC COMMUNICATIONS

By using the Website or placing an order, you consent to receiving electronic communications from Floral Sense.

Electronic communications satisfy legal requirements that communications be in writing.

Floral Sense complies with the Electronic Communications and Transactions Act 25 of 2002 ("ECTA").

18. FORCE MAJEURE

Floral Sense shall not be liable for delays or failures arising from circumstances beyond its reasonable control, including but not limited to:

  • Power outages;
  • Load-shedding;
  • Supplier disruptions;
  • Industrial action;
  • Natural disasters;
  • Extreme weather events;
  • Government restrictions;
  • Telecommunications failures.

19. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Floral Sense shall not be liable for indirect, incidental, consequential, special, or punitive damages, including loss of profits or business opportunities.

Floral Sense's total liability arising from any claim shall not exceed the value of the relevant order.

Nothing in these Terms limits rights afforded to consumers under applicable law.

20. INDEMNITY

You agree to indemnify and hold harmless Floral Sense, its members, employees, agents, contractors, and affiliates from claims, liabilities, damages, losses, costs, and expenses arising from:

  • Your breach of these Terms;
  • Misuse of the Website;
  • Violation of applicable laws;
  • Infringement of third-party rights.

21. DISPUTE RESOLUTION

Parties shall attempt to resolve disputes amicably in good faith.

Where disputes cannot be resolved, they may be referred to the Consumer Goods and Services Ombud, National Consumer Commission, or a court of competent jurisdiction in South Africa.

22. SEVERABILITY

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

23. WAIVER

Failure by Floral Sense to enforce any provision of these Terms shall not constitute a waiver of any rights.

Any waiver must be in writing.

24. CHANGES TO THESE TERMS

Floral Sense reserves the right to amend these Terms at any time.

Updated Terms will be published on the Website and become effective immediately upon publication.

Continued use of the Website constitutes acceptance of revised Terms.

25. GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of the Republic of South Africa.

The parties consent to the jurisdiction of South African courts, subject to consumer rights under applicable legislation.

26. CONTACT DETAILS

If you have any questions regarding these Terms, please contact Floral Sense:

Email: info@floralsense.co.za

WhatsApp: 066 223 3473

Address: 14 Travertine Crescent, Durban North, KwaZulu-Natal, South Africa

Website: floralsense.co.za

27. ADDITIONAL POLICIES

The following policies form part of these Terms and Conditions and are incorporated by reference:

  • Privacy Policy (POPIA-compliant);
  • Refund and Returns Policy;
  • Shipping and Delivery Policy;
  • Website Disclaimer;
  • Consumer Protection Act (CPA) Disclosure.

By using the Website, you agree to be bound by these Terms and all applicable policies as updated from time to time.