Terms and Conditions


Bloomable Customer Terms and Conditions

Last updated on 03 May 2021.

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 offered in the virtual marketplace is, for purposes of these Terms and Conditions, a flower, gift and related products marketplace that enables Vendors and Customers to trade in these products 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.

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 considered notice of the Customer’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Your account

To order product with us, you must be over eighteen years of age. You agree and guarantee that the username and password you use to log in is for your personal use only, and will not be passed on 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.

Product availability

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.

Order processing

Order processing begins when we receive a confirmed order and full payment. When orders are placed 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 offer you competitive prices on current products; your total order price will include the price of the purchase plus any applicable sales tax and delivery charges (on the day of delivery). Bloomable reserves the right to change pricing at any time without prior notice.

Payment for products on the virtual marketplace may be made by Credit Card, by Electronic Fund Transfer (EFT) or by Direct Deposit.

Bloomable accepts Visa, Mastercard and Amex credit cards. Credit card transactions will be processed for Bloomable 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. The Merchant (Omnom Web Solutions) does not have access to credit details. VCS continually reviews and enhances its security in line with technological changes.

If you choose to pay by EFT, you will have to load Online Florist Network as a beneficiary on your internet banking and 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 are advised to select your local currency as the payment currency in order to avoid charges;and 2) you are obliged to accept all fees levied on the transaction. Bloomable will not accept liability for any fees incurred for international transactions.

Proof of Payment should be emailed to Bloomable on [email protected] to ensure your payment is confirmed and order dispatched as quickly as possible.

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

Delivery

Bloomable is unfortunately unable to deliver 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. 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, orders will be dispatched on the same day provided payment is validated/received before 13h00 on the day.

Every effort is made to effect delivery of your order timeously, however, unforeseen circumstances may cause delays. Should we be faced with such an occurrence, Bloomable will contact you via email and provide a revised delivery schedule.

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 be billed for any additional costs that may be incurred as a result of failed delivery attempts relating to incorrect information provided.

You agree that if a recipient is unavailable at the given address, the delivering outlet 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 person 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.

Refunds/Returns Policy

When payment has been made, your right to a refund is limited by our Terms and Conditions.

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 and no later than 30 days after the intended delivery date.

Neither ourselves, nor any courier or carrier service that we use shall be liable for any failure to perform, 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, Bloomable and its affiliates reserve the right to refund or replace depending on the circumstances, 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.

Vouchers, Coupons, Promotions & Competitions

Use of Virtual marketplace

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 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 an attempt to interfere with the host or network by submitting a virus to the virtual marketplace, 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 any of the Terms and Conditions be breached by a user, Bloomable, at its sole discretion reserves the right to suspend, alter or terminate user registration and access to the virtual marketplace.

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.

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.

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.

Privacy Policy

We are committed to protecting your privacy. This privacy policy applies to all the web pages related to this virtual marketplace. All the information provided in the online forms on the virtual marketplace is required to personally identify users that subscribe to this service. The information will not be used for anything other that what is stated in these Terms and Conditions. None of the information will be sold or made available to any third parties.

The virtual marketplace may collect by way of cookie and tracking technology certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Virtual marketplace; the pages that you access while at the virtual marketplace and the Internet address of the virtual marketplace from which you linked directly to our virtual marketplace. This information is used to help improve the Virtual marketplace, analyze trends, and administer the virtual marketplace.

We may need to change this policy from time to time in order to address new issues and reflect changes on our virtual marketplace. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an e-mail.

Indemnity

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

Any and all copyright relating to the virtual marketplace, including these Terms and Conditions, is held by Bloomable. All rights not expressly given are reserved. You may download, view and print content from this site only for private and non-commercial ends. 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

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.

Users’ use of this virtual marketplace is solely at users’ own risk and subject to all applicable laws governed by 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.

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

Physical address: 1st Floor The Annex, Bridgeways Precinct, 2 Energy Lane, Century City, Cape Town, 7441

Email:[email protected]

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 [email protected]

Bloomable
is now
Bloomable

Hi there, thanks for stopping by!

You may have noticed that we’ve changed our name, but don’t freak out. Get excited!

We’ve had a bit of makeover, but some things will never change. Like our unwavering support for local florists and artisans, nor our commitment to delivering joy through flowers and gifts.

A change of name. But no change of heart.
We’re just growing, flourishing and thriving.
We are Bloomable.