TERMS & CONDITIONS

By placing an order on this website, you are agreeing to the following terms and conditions:

1. ORDERS AND CANCELLATIONS

1. Order Acceptance Policy

All orders and subscription requests received are subject to acceptance by Bloom Boutique and we reserve the right, at our absolute discretion, to reject any order without giving reasons. In the event of rejection, we will refund or cancel any payments received in full, via the payment method used to place the order.

2. Timing of your order

As a part of the checkout process you will be able to select the delivery date for your first order delivery, whether that delivery is part of a subscription or a once-off order. You will also be able to select the frequency of recurrence (in the case of a subscription). 

3. Changes to your order

If you wish to change your order or subscription, please do so via the "My Account" area of the  website or by contacting us. We'll always do our best to make last-minute changes for you, but we can only guarantee changes (including to the delivery address and in relation to card messages) that are requested by 9am, 3 days before the intended delivery date. At peak periods we begin processing orders earlier than usual, to account for the large volume of deliveries. This means that we may need up to 10 days notice for any changes to be made.

4. Cancellation policy

One-off orders can be cancelled by 9am, 3 days before the intended delivery date and a full refund will be issued. The easiest way to cancel your order is via the "My Account" area of the website. You can also cancel by contacting us. At peak periods we begin processing orders earlier than usual, to account for the large volume of deliveries. This means that we may need up to 10 days notice for any changes to be made.

5. Pausing or cancelling your subscription

If you wish to change your subscription, please do so via the "My Account" area of the Payfast website and notifying us via email. You can pause or cancel a subscription at any time by providing notice to us by 9am 3 days before any intended delivery within your subscription plan. In such circumstances the pause or cancellation will take effect without charge. In such circumstances, if your card has already been billed (see paragraph 2.2 for billing timings), we will issue a full refund. Where notice is provided after that time, please note you will still receive and be charged for your next delivery (as we will have already started ordering your flowers), but your pause or cancellation instruction will take effect after that delivery. At peak periods we begin processing orders earlier than usual, to account for the large volume of deliveries. This means that we may need up to 5 days notice for any changes to be made. Our subscriptions are intended to be ongoing with multiple deliveries, and whilst you are welcome to pause or cancel at any time, we reserve the right to cancel subscriptions if we consider this is being abused.

6. Subscription prices

The price for each order within a subscription is the price at the time that a subscription is set up, minus any discounts which only apply to the first delivery. We reserve the right, at our absolute discretion, to raise our prices at any time for reasons including, but not limited to, price increases from our suppliers and partners. If we raise our prices, we will notify our subscribers and provide the option to cancel your subscription free of charge.

2. PAYMENTS

1. In order to offer the best security, all our payments are processed securely by Payfast.

2. For all ongoing subscriptions, your credit or debit card will be billed at checkout for your first month worth of deliveries. For ongoing deliveries, you will be billed on a recurring basis every month in which a deliveries are scheduled. The amount your card will be billed in any given month will be the value of your order(s) for the given month.

3. For all "Never Forget" subscriptions, your credit or debit card will be billed upfront on checkout for the entire cost of the subscription.

4. If you create an account and enter your payment details, your card will be stored securely by Payfast so that you can check out on future visits without re-entering your card details.

5. We never store or have access to your credit or debit card details.

3. PRICES

All prices include delivery charges unless otherwise stated. All prices include VAT unless otherwise stated.

4. DELIVERY POLICY

1. We deliver by a selected courier company.

2. Delivery cost is included in all product and subscription prices.

3. We currently deliver to the following areas: Benoni, Boksburg, Kempton Park, Edenvale, Bedfordview & Centurion.

4. Subscription deliveries will be delivered on Thursday's or Friday's. "Never Forget" Subscriptions will be delivered on the requested day, or on the Friday if the requested day falls over the weekend.

5. In the event of a delay by the courier, we are unable to offer a refund or to resend your delivery.

6. We are unable to provide proof of delivery notifications as this is not a signed for service.

7. We cannot guarantee that delivery instructions will be followed.

8. Timed deliveries are not available.

9. Although our team will always try our best to ensure punctual delivery for our customers, Bloom Boutique cannot be held responsible if a delivery arrives late due to any circumstances impacting the availability of the courier that we use or anything else outside of Bloom Boutique's control.

10. In the event of a non-delivery (flowers not having arrived 3 days after their intended delivery date), please contact us. It is the customer's responsibility to contact us within 7 days of the scheduled delivery date in order to claim a refund. Failure to do so will result in the lapse of any rights to a refund.

11. Once-off orders will be delivered on the selected day. We require your order to be placed before 9am one day prior to when delivery is required. If you require delivery on a Monday, your order needs to be placed by 9am Friday morning. 

12. We reserve the right, at our absolute discretion, to use a different delivery method without prior notification.

13. If you change address, you must update your address details on the "My Account" section of the website to ensure that no deliveries are sent out to the wrong address. Please ensure this is done by 9am 3 days before your next order is due to arrive. We are unable to provide refunds for any deliveries sent to the wrong location where we have not received advance notice in accordance with this paragraph. Please note that at peak periods we begin processing orders earlier than usual, to account for the large volume of deliveries. This means that we may need up to 10 days notice for any changes to be made.

14. We reserve the right, at our absolute discretion, to cancel your subscription if it becomes apparent to us that the courier service in your area is too unreliable. We value our customers and our ability to deliver, so where we can't, we won't risk disappointing you.

5. OUR PROMISE, RETURNS AND REFUNDS

1. We aim to delight our customers by delivering fresh flowers, in great condition, on time.

2. Freshness

Our flowers are occasionally sent out in bud form meaning they will last longer with the recipient. If you receive flowers that do not seem fresh, please contact us to let us know. If, at our sole discretion, the flowers do not meet our high freshness standards, we will give you the choice of a free replacement at our next available delivery date, or a refund. Please note that you will need to email us a photo of the un-fresh flowers within 24 hours of receipt in order to be eligible for a refund. If we offer you a refund, we will refund you the full amount within 3 days. Please note that banks might take an additional 3-5 days to refund the amount to your card.

3. Damage

While our flowers are packed carefully to ensure they arrive as fresh and beautiful as when they left us, on a small number of occasions (and for reasons beyond our control) they may get damaged in transit. Should this occur to a level that you deem unacceptable, please contact us so that we can arrange a free replacement at our next available delivery date, or a refund. Please note that you will need to email us a photo of the damaged flowers in question within 24 hours of receipt of the flowers in order to be eligible for a refund. If we offer you a refund, we will refund you the full amount within 3 days. Please note that banks might take an additional 3-5 days to refund the amount to your card.

4. Non Delivery

While we do everything we can to make sure our flowers are delivered, sometimes mistakes do happen and deliveries don't turn up. If we fail to deliver your order (i.e. if your flowers have not arrived within 3 days of their intended delivery date) we will send you a free replacement on our next available delivery date, or a refund. If we offer you a refund, we will refund you the full amount within 3 days. Please note that banks might take an additional 3-5 days to refund the amount on your card.

5. Returns

Please understand that due to the perishable nature of flowers, we are unable to accept returns. We offer customers refunds or replacement flowers if the flowers are not delivered to an acceptable quality, as detailed above.

6. Flower availability and substitution

All floral products are subject to availability. In the event of any supply difficulties or if the flowers we have received from our growers that are needed to make up your order do not meet our high quality standards, we reserve the right, at our absolute discretion, to substitute any product with an alternate product of a similar style and equivalent (or greater) value and quality.

6. OFFERS AND PROMOTION CODES

1. At our discretion, from time to time, we may offer products at discounted prices. These offers are valid from the time that we introduce them to the end date of the offer and they cannot be used for purchases before the offer introduction date or after the offer end date.

2. In the event that a customer has made a purchase and the price of the purchased product subsequently falls or is discounted owing to a special offer, the price of the product at the time of purchase shall prevail. We are unable to offer special offer discounts for purchases that have already been made.

3. As our special offers are contingent on availability, we may change the terms of special offers and promotional codes, or withdraw them altogether, at any time, and without prior notice.

4. We also reserve the right, at our absolute discretion, to offer different personalised special offers and promotions and it will therefore only be possible for the customer in receipt of the special offer to redeem the discount.

5. Unless explicitly otherwise stated, free or discounted introductory offers are only available to new users of the Bloom Boutique service, and are only available once to any one household.

6. Discounts and credits cannot be used in conjunction with any other offers.

7. We only allow one promotion code to be used per order.

8. Except where otherwise stated, discounts and credits are available only once to any one person.

9. Credit expires 12 months from the date that it is added to an account

10. We reserve the right, at our absolute discretion, to expire or revoke credit, or to temporarily remove the ability to redeem credit on our site.

11. Except where otherwise stated, discounts and credits can be redeemed against get creative boxes, Hand tied bouquets and "Never Forget" subscriptions. 

12. Unless otherwise specified, discounts are only valid for once-off purchases and are not valid for subscriptions.

13. Except where otherwise stated, voucher discounts and credits cannot be redeemed against or applied to orders placed during key peak periods where supply is limited. These include, but are not limited to, 7 delivery days up to and including Valentine's Day and Mother's Day.

14. Discounts and voucher codes cannot be redeemed against courier delivery charges, percentage discount vouchers are applied only to the bouquet cost unless otherwise stated.

15. Discounts and credit can only be redeemed online.

7. CIRCUMSTANCES BEYOND OUR CONTROL

1. Adverse weather conditions

During adverse weather conditions, our delivery partners may not be able to deliver orders on time. This is outside of our control and we cannot accept responsibility for the late delivery of the order. Therefore, in the event of adverse weather conditions, we aren't able to refund or offer re-delivery of affected orders.

2. Force Majeure

Bloom Boutique shall not be liable for delay in performing or for failure to perform its obligations if the delay or failure results from any of the following: (i) Acts of God, (ii) outbreak of hostilities, riot, civil disturbance, acts of terrorism, (iii) the act of any government or authority (including refusal or revocation of any licence or consent), (iv) fire, explosion, flood, fog or adverse weather, (v) power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles, (vi) default of suppliers, sub-contractors or delivery partners, (vii) theft, malicious damage, strike, lock-out or industrial action of any kind, and (viii) any cause or circumstance whatsoever beyond Bloom Boutique's reasonable control.

8. OUR LIABILITY

1. Subject to clause 5.2, 5.3 and 5.4, whilst we agree to use all reasonable endeavours to ensure that the Bloom Boutique service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any interruption of the Bloom Boutique service and shall be released from our obligations under these Terms and Conditions in the event of any cause beyond our reasonable control which renders the provision of the Bloom Boutique service impossible or impractical.

2. We accept liability for death or personal injury arising from our negligence.

3. We accept liability for fraud or fraudulent misrepresentation.

4. Subject to clause 9.2(a) and 9.2(b), our liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your order with us shall in no circumstances exceed the price paid to us for the order in question (defined as an individual delivery within a particular week, not an entire subscription).

5. Subject to clauses 9.2(a), 9.2(b) and 9.2(c) above we exclude all liability for any claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly out of or in any way connected with your use or inability to access the Bloom Boutique service, whether arising in contract, tort (including negligence), under statute or otherwise PROVIDED THAT nothing contained in these Terms and Conditions affects or will affect your or the recipient's statutory rights in relation to the quality, fitness or description of the products supplied.

9. CUSTOMER AND RECIPIENT PERSONAL INFORMATION

1. To ensure that we can communicate effectively with both customers and recipients, it is very important that you provide accurate personal information.

2. Please remember that we value your privacy and will never lease, rent or sell your private information. 

3. During the checkout process, we ask for the following personal information:

   1. Customer's email address We use this information to provide a better customer experience by sending order confirmations, substitution information, dispatch confirmations and delivery confirmations. We will also use the customer's email for marketing communications from time to time. Please ensure that email addresses are accurate.

   2. Customer's full name and address We use this information for credit and debit card validation.

   3. Customer's telephone number We use this information to contact customers in the event of problems with the order such as payment failures or delivery issues.

   4. Recipient's full name and address We require this information in order to deliver the flowers you have ordered. It is vital that the recipient's address is accurate.

10. GENERAL

1. We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Bloom Boutique site and/or the Bloom Boutique service from time to time. We will post any changes on the Bloom Boutique site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the Bloom Boutique service or Bloom Boutique site. Changes will be effective five (5) hours after the posting of any such change and all subsequent dealings between you and us shall be on the new Terms and Conditions.

2. We do not guarantee that our website or services will be uninterrupted or error-free and we will not be responsible for any losses arising from such errors or interruptions. Additionally, we reserve the right to suspend, restrict or terminate access to the Bloom Boutique website, and/or the Bloom Boutique services for any reason at any time for repair, maintenance, improvement or other technical reason, and to make changes to them.

3. These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Bloom Boutique site, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

4. A person who is not a party to the agreement between you and us has no rights to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists.

5. In respect of fraudulent misrepresentation, this agreement (including any documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets forth the entire agreement and understanding between you and us relating to the subject matter hereof.