1.1. Ferndale Flowers (Pty) Ltd, Registration Number 2018/102762/07 (“Ferndale Flowers”, “us”, “we”), is a Supplier of flowers, flower arrangements, hampers, gift baskets, etc. (“Goods”).
1.2. This document sets out the terms and conditions of Ferndale Flowers, which govern the online ordering, sale and delivery of the Goods by way of https://ferndaleflowers.co.za/ the “Website”, the terms and conditions applicable to the transaction, and the use of the Website. The Terms and Conditions will be available on, and can be accessed through, the Website.
1.3. These Terms and Conditions are binding and enforceable against every person that uses this Website (“you”, “your”, “user”, “customer”). The term “uses” or “using” the Website, shall include access/accessing the Website and/or order/ordering and/or purchase/purchasing of the Goods.
1.4. By using the Website, you acknowledge that you have read and agreed to be bound by these Terms and Conditions. You must not use this Website if you do not agree to the Terms and Conditions.
1.5. Each time a user uses the Website, the user shall be deemed to have consented to the Terms and Conditions, as amended and/or replaced from time to time.
1.6. These Terms and Conditions will remain in full force and effect while you use the Website and/or until both us and you, the user, have performed in terms thereof.
1.7. Ferndale Flowers has the right, in its sole discretion, to supplement, amend and/or replace any of, or the whole of, the Terms and Conditions and/or any Policy. Such amendments shall supersede and replace any previous version(s) and shall be made available on the Website. We will alert you about any changes by updating the “Last Updated” date and you waive any right to receive specific notice of each such change.
1.8. Any supplemented, amended and/or replaced Terms and Conditions and/or Policy, or any part thereof, that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. It is your responsibility to periodically review the Terms and Conditions and/or Policies with regards to any updates. You will be subject to and will be deemed to have been made aware of and to have accepted and agreed to, such changes and/or amendments to the Terms and Conditions and/or Policy, or any part thereof, by your continued use of the Website.
1.9. The Website is intended for users who are at least eighteen (18) years of age and who has legal capacity. Users who are minors cannot enter into a binding agreement. If you are a minor, you must have the permission of, and be directly supervised by, your parent or guardian and your parent or guardian must read and agree to the Terms and Conditions prior to you using the Website.
By using this Website, the user guarantees and warrants that:
2.1. all information you submit will be true, accurate, current, and complete;
2.2 you have the legal capacity to agree to comply with the Terms and Conditions;
2.3 you are not a minor;
2.4 if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the supervision and permission of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her permission and consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
2.5 you will not use the Website for any illegal or unauthorized purpose;
2.6 you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website; and
2.7 your use of the Website will not violate any law or regulation and you will not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
3.1. For the purposes of Section 43 of The Electronic Communication and Transactions Act No 25 of 2002 (“ECTA”), Ferndale Flowers’ information is as stated below. The information must be read together with the Goods’ descriptions on the Website and the other terms and conditions contained herein.
3.2. Company and Contact Information:
Full name and legal status: Ferndale Flowers (Pty) a private company registered in terms of the company laws of South Africa
Registration number: 2018/102762/07
Office bearer: Director: Samkeliso Masibi
Registered address: Ferndale Village Shopping Centre, Cnr Main Oxford Road, Ferndale, Randburg
Physical address: Shop G3, Ferndale Village Shopping Centre, Cnr Main Ave & Oxford Road, Ferndale, Randburg
Postal address: Suite 16, Private Bag X10028, Randburg, 2194
Phone number: 011 787 5114
Email address: susan@ferndaleflowers.co.za ; info@ferndaleflowers.co.za
Website: www.ferndaleflowers.co.za
4.1. The purpose of the Website is for the online purchase of the Goods as advertised.
4.2. Users are prohibited from using the Website for any purpose other than for the purpose state in clause 4.1 above.
4.3. The user agrees that he/she shall not, nor shall he/she allow through a party, use the Website:
4.3.1. in any way that breaches any applicable law or regulations.
4.3.2. in any way that is unlawful or fraudulent, or has unlawful or fraudulent purpose or effect;
4.3.3. for the purpose of harming or attempting to harm any individual in any way;
4.3.4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
4.3.5. to create liability and/or loss for Ferndale Flowers in any way;
4.3.6. in any manner which may compromise the security of Ferndale Flowers’ networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website; and/or
4.3.7. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
4.4. In addition, the user agrees not to:
4.4.1. reproduce, duplicate, copy or re-sell any part of our Website;
4.4.2. remove any identification, trademark, copyright or other notices from the Website;
4.4.3. post or transmit, by means of comments, reviews, questions, etc. or other information through the Website, and/or related to the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
4.4.4. access without authority, interfere with, damage or disrupt any part of our Website, any equipment or network on which our Website is stored, any software used in the provision of our Website or any equipment or network or software owned or used by any third party.
5.1. Users may place an order or orders for Good(s), which Ferndale Flowers may accept or reject.
5.2. Orders placed by you, the user and/or consumer, is regarded as an offer to purchase and not the conclusion of an agreement of sale.
5.3. An agreement of sale will be concluded between you and Ferndale Flowers, when your order to purchase the Goods is placed and your offer to make payment thereof, has been accepted by Ferndale Flowers.
5.4. Acceptance of your “offer to purchase” will occur when you receive a notification and/or communication from Ferndale Flowers informing you that we have receive your order and payment and we will inform you of the delivery of the Goods purchased.
5.5. The agreement of sale will come into effect when we accept your offer to purchase the Good(s) as advertised on the Website.
5.6. The place of acceptance and place where the agreement of sale is concluded will be the place from where our acceptance of your offer to purchase is send and communicated, being Ferndale Flowers’ principal place of business address situated at Shop G3, Ferndale Village Shopping Centre, Cnr Main Ave & Oxford Road, Ferndale, Randburg.
5.7. Placing Goods in the shopping cart without completing the purchase transaction do not constitute an order for such Goods and/or the conclusion of an agreement of sale.
5.8. With regards to Goods placed in the shopping cart, such Goods may be removed from the shopping cart if stock is no longer available, or the price thereof might change without notice to you. You cannot hold Ferndale Flowers liable if such Goods are not available or are not available at a particular price when you complete or attempt to complete the purchase transaction at a later stage.
5.9. We reserve the right to reject any order by cancelling it, for any reason at our sole discretion.
6.1. The description and images of the Goods is available on the Website and is intended to provide the user with a reasonable description of the Goods.
6.2. The customer agrees and understands that due to the nature of the Goods, the final product and Goods deliver may differ from the images on the Website.
6.3. We have the right, and reserve the right, to change, revise, update, suspend, discontinue, or otherwise modify the Goods, the Goods’ description and/or price at any time or for any reason without notice to you.
6.4. Goods, the Goods description and/or prices of Goods already ordered and paid for will not be changed and/or modified.
6.5. You agree and understand that the Goods, specifically flowers, are seasonable and subject to availability.
6.6. Due to the nature of the Goods, which can be subject to availability, we have the right to substitute flowers, leaves, greenery, wrapping, cellophane, containers and other decorative accessories without notice to the customer. Ferndale Flowers is committed to delivering similar Goods as displayed in the images and described on the Website.
6.7. We will not be liable to you or any third party whatsoever for any errors that may be present on the Goods’ description and/or availability.
7.1. Orders can be placed at any time. Processing of any orders placed will commence when we receive confirmation of the order placed as well as payment thereof.
7.2. We will process orders during Ferndale Flowers’ business operating hours which are Monday to Friday: 08h00 to 17h00 and Saturday: 09h00 to 15h00.
7.3. Orders placed outside of the business operating hours will be processed the next business day, subject to the order confirmation and payment being received.
7.4. Before placing an order and making a purchase on the Website, in compliance with the ECTA, you, the customer, will have the opportunity to to review the transaction, to correct any mistakes, and to withdraw from the transaction, before finally placing any order.
8.1. The purchase price of the Goods is displayed and available on the Website. Payment of the Goods purchased will be due upon and during the checkout process.
8.2. All prices for Goods are exclusive of VAT (Value Added Tax) as Ferndale Flowers are not registered for VAT.
8.3. The purchase price must be paid in South African Rands.
8.4. The purchase price of the Goods as advertise does not include delivery charges. The delivery charges are displayed and information relating to these charges are available during the checkout process.
8.5. The agreement of sale will only be formed when Ferndale Flowers accepts the user’s and/or customer’s order(s). As such and should there be any error(s) in the price(s) displayed on the Website, Ferndale Flowers will not bound by such an error in the price.
9.1. Orders will be delivered during Ferndale Flowers’ business operating hours which are Monday to Friday: 08h00 to 17h00 and Saturday: 09h00 to 15h00.
9.2. Deliveries within a 5km radius from Ferndale Flowers’ physical address will be charged at R80.00 per delivery.
9.3. Deliveries to areas beyond a 5km radius and up to a 15 km radius from Ferndale Flowers’ physical address will be charged at R100.00 per delivery.
9.4. Delivery is not available for areas beyond a 15 km radius from Ferndale Flowers’ physical address.
9.5. Ferndale Flowers will attend to the delivery of the Goods to the delivery address provided by you during the check-out process. Ferndale Flowers is not responsible for any loss after the Goods have been delivered to the address as provided by you.
9.6. With reference to the minimum delivery time prescribed in legislation, specifically Section 46 of ECTA:
9.6.1. Ferndale Flowers undertakes to execute the order on the same day for orders received before 14:00 and by the next business day for orders received after 14:00, provided that payment has been received and reflects in our bank account, unless the parties have agreed otherwise.
9.6.2. We will notify you should we not be able to execute the order within the agreed period.
9.7. Although we will endeavour to, we cannot guarantee that the Goods will be delivered at a specific delivery time requested by the customer.
9.8. In the event that we are unable to perform in terms of the agreement due to the unavailability of the Goods ordered and/or unforeseen circumstances which may delay the delivery, we will immediately notify you in order to reschedule the delivery.
9.9. If it is not possible and/or you do not agree to reschedule the delivery, we will refund any payments within 30 days after the purchase date.
9.10. It is the customer’s responsibility to ensure that the delivery address information and details are correct and accurate. If the delivery address details are incorrect, we will not be liable if the Goods are not received and/or delivered.
9.11. In the event that we are unable to locate the delivery address on a GPS or similar system, we will contact you for further information and/or directions and to reschedule the delivery. It is the customer’s responsibility to ensure that the contact details provided are correct and accurate.
9.12. In the event that the recipient of the Goods is not available at the delivery address, you agree that we can leave the Goods with a responsible person at the delivery address such as a family member, friend, colleague, employee, etc.
9.13. Should the delivery address be located at an institution or establishment such as an office building, clinic, hospital, hotel, etc. which generally have a reception area, you agree that the Goods can be left with the receptionist and/or responsible person at the reception area, which will constitute delivery of the Goods.
9.14. Ferndale Flowers will not be liable for any delay, due to whatsoever cause, in the delivering of the Goods.
10.1. Ferndale Flowers utilises a payment system that is secure and in terms of accepted technological standard.
10.2. You will have the option to select the payment method during the checkout procedure. Payment may be made for the Goods purchased by way of the following methods:
10.2.1. Debit card;
10.2.2. Credit card; and/or
10.2.3. Electronic funds transfer (EFT).
10.3. In the event of utilising a debit or credit card as the payment method, we may require additional information to authorise and/or verify the validity of payment. Your order will only be accepted when and at such time when we receive the additional information to authorise and/or verify your payment. Should we not receive the additional information required and/or your order not be authorised and/or the validity of your payment not be verified, your order will be cancelled. You warrant that you are fully authorised to use the debit or credit card supplied for purposes of purchasing and paying for the Goods.
10.4. With regards to payment by way of EFT, please note that we will not accept your order and/or purchase if payment has not been received. The customer must use their name and the order number when making payment and proof of payment must be emailed to info@ferndaleflowers.co.za.
11.1. Ferndale Flowers does not receive and/or collect any bank card or banking information. We utilise a secure payment system / portal / gateway which interacts with the Website by way of API (application programming interface).
11.2. All transactions are encrypted using appropriate encryption technology.
11.3. The Website has a Let’s Encrypt SSL certificate installed.
11.4. SSL (Secure Sockets Layer) is standard technology for keeping an internet connection secure and safeguarding any sensitive data that is being sent between two systems.
11.5. The SSL certificate has to effect that any data or information transmitted to and from the Website is encrypted.
11.6. Any information collected from and/or provided by users by way of the check-out process, “Contact Us” form on the Website and/or by way of the web/HTML form, is stored on the Website’s database.
11.7. The Website backend and database can only be access by authorised personnel by way of a username and password. The Website’s server control panel is password protected.
11.8. Any hack attempts (such as random password guess attacks usually executed by bots) to gain access to the backend, control panel and/or database of the Website is restricted to 3 attempts. After 3 failed attempts to gain access, the Website records the offending IP address and blocks that IP address.
11.9. Any user data and/or customer Personal Information stored on the Website database can be delete upon the user’s / customer’s request.
11.10. Although we implement reasonable measures to protect Personal Information, Ferndale Flowers cannot guarantee the security of your Personal Information transferred / provided to us using or over the internet.
11.11. The user acknowledges and agrees that any transfer of Personal Information by way of the internet is at your own risk, and you are responsible for ensuring that any Personal Information that you send is sent securely.
12.1. We will send you communications relating to your order, purchase, and payment.
12.2. The record of the transaction will be kept for as long as necessary to deliver the Goods purchased and/or as prescribed in terms of legislation.
12.3. You can request access to the record of the transaction by directing an email, with the details of the transaction and order number, to info@ferndaleflowers.co.za.
13.1. In order to expedite resolution of any dispute, claim or complaint related to these Terms and Conditions brought by either you or us the Parties agree to first attempt to resolve any dispute, claim or complaint by way of good faith negotiation 15 days before initiating any legal proceedings. Such informal negotiations commence upon written notice from one Party to the other Party.
In terms of ECTA, you as the consumer, have the following rights:
14.1. In the event that Ferndale Flowers fails to comply with the provisions of Sections 43(1) and/or (2) of ECTA, you may cancel the transaction within 14 days of receiving the goods under the transaction. Should you choose the cancel the transaction, as stipulated in this clause, you must return the goods purchased within 7 days of cancelling the transaction which Goods must be in their original condition, in good working order and have no missing items, such as but not limited to manuals, software installation discs and accessories. We will refund all payments made by you less the direct cost incurred of returning the Goods. The aforesaid is only applicable to this clause and in the event that Ferndale Flowers fails to comply with the provisions of Sections 43(1) and/or (2) of ECTA.
14.2. In terms of 43(2) of ECTA, you, the user, will have the opportunity while using the Website and before placing an order and payment of any order(s) placed :
14.2.1. to review the transaction;
14.2.2. to correct any mistakes; and
14.2.3. to withdraw from the transaction, before finally placing any order.
15.1. Section 44 of ECTA reads as follows:
“44(1) A consumer is entitled to cancel without reason and without penalty any transaction and any related credit agreement for the supply—
(a) of goods within seven days after the date of the receipt of the goods; or
(b) of services within seven days after the date of the conclusion of the agreement. (2) The only charge that may be levied on the consumer is the direct cost of returning the goods.
(3) If payment for the goods or services has been effected prior to a consumer exercising a right referred to in subsection (1), the consumer is entitled to a full refund of such payment, which refund must be made within 30 days of the date of cancellation.
(4) This section must not be construed as prejudicing the rights of a consumer provided for in any other law.”
15.2. In terms of Section 42(2) of ECTA, Section 44 – cooling-off right – will in certain circumstances not apply to an electronic transaction. Section 42(2)(f) of the ECTA reads as follows:
“Section 44 does not apply to an electronic transaction where the goods-
(i) are made to the consumer’s specifications;
(ii) are clearly personalised;
(iii) by reason of their nature cannot be returned; or
(iv) are likely to deteriorate or expire rapidly;”
15.3. Given the nature of the Goods and that they are likely to deteriorate or expire rapidly, Section 44 of the ECTA – cooling-off rights – will not be applicable to the electronic transaction and the purchase of the Goods.
16.1. Ferndale Flowers takes reasonable measures to ensure that the content of the Website is accurate and complete, however, we make no representations or warranties, whether express or implied, as to the quality, operation, integrity, availability or functionality of the Website or regarding the accuracy, completeness or reliability of any information on the Website.
16.2. The use of the Website is entirely at your own risk, and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
16.3. The user bears all risk of transmitting information by way of the internet, including email and submitting information through and by way of the Website. We have the right to request the verification of any information transmitted via e-mail and/or submitted via the Website should we deem it necessary, and the user consents to such verification and/or to provide such verification.
16.4. Ferndale Flowers reserves the right to change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Ferndale Flowers shall not be liable to you for any damages suffered and/or allegedly suffered, at all and in whatsoever manner, relating to such change or removal.
16.5. The Website itself and the information provided on the Website, is provided on an AS IS basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.
16.6. Ferndale Flowers makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, any handset or mobile device hardware or software in any way.
16.7. By your continued use of the Website, you accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software.
17.1. To the extent permitted by law, Ferndale Flowers, our directors, employees or agents will not be liable to you or any third party for any direct, indirect, incidental, general, special or consequential loss or damages whatever (including without limitation loss of business, opportunity, data, profits) which might arise from your use of or reliance upon, the Website or the content contained in and on the Website; or your inability to use the Website, and/or unlawful activity on the Website and/or any linked third party Website and/or any linked payment portal(s).
17.2. Ferndale Flowers cannot be held liable for:
17.2.1. Any errors or omissions in any content and materials;
17.2.2. Inaccurate information published on the Website and/or any incorrect prices displayed on the Website;
17.2.3. Any damage loss, claim or expense any nature whatsoever, resulting from your use of the Website, a transaction based on any errors and/or inaccurate information and/or incorrect prices;
17.2.4. Any interruption in the functionality of the Website;
17.2.5. Any loss, harm, or damage suffered by the user as a result of transmitting information by way of the internet;
17.2.6. Any viruses, spyware, malware, trojans or other destructive materials which may be transmitted to or through the Website; and/or
17.2.7. Any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available on the Website.
17.3. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us.
18.1. You agree to indemnify and hold Ferndale Flowers and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, penalties, costs and other expenses in relation to any claims or actions brought against and/or suffered by Ferndale Flowers as a result of a breach by you of these Terms and Conditions and/or wrongful act or omission by you.
19.1. Ferndale Flowers’ Website may include links to Third Party Websites that are controlled and maintained by others.
19.2. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
19.3. These Terms and Conditions do not apply to those Third Party Websites and Ferndale Flowers is not responsible for the practices and / or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
19.4. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect, incidental, general, special or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
20.1. All copyright, trademarks and all other intellectual property rights relating to the Website and its content (including without limitation any material, information, data, design, text, graphics, lay-out, sound clips, video clips, logo’s, trade names, trademarks and all software and source codes displayed on, incorporated in and/or connected with the Website) are owned by or licensed to Ferndale Flowers or otherwise used by Ferndale Flowers as permitted by law.
20.2. You will not acquire any right, title or interest in or to the Website or the Website Content.
20.3. In using the Website you agree that you will use the content solely for your personal, non-commercial use. Any use, distribution or reproduction of the Website Content for commercial use is prohibited.
20.4. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
20.5. The use of automated systems or software to extract data from the Website is prohibited.
21.1. We cannot guarantee the Website will be available at all times and it is possible that we may experience technical issues. From time to time, it is also necessary to maintain and/or update our Website (although we are not obligated to maintain and update the Website).
21.2. We reserve the right to right to change, revise, update, suspend, modify, remove and/or discontinue all or part of the Website and/or the contents of the Website, without prior notice to you.
21.3. We will not be liable to you or any third party for any loss, damage, or inconvenience caused by any modification, price or content change, suspension, or discontinuance of the Website and/or any interruptions or delays and/or your inability to use the Website relating to and/or caused by the unavailability, downtime or discontinuance of the Website.
22.1. Our Privacy Policy contains provisions relating to the Protection of Personal Information Act, 4 of 2013 (POPIA) and is available on the Website.
22.2. Our Website Security & Cookie Policy contains provisions relating to security measures and cookies and is available on the Website.
22.3. These Policies are incorporated by reference (which means that it forms part of these Terms and Conditions).
23.1. The user is referred to the Return Policy which may be viewed from the Website.
23.2. Return Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
24.1. Ferndale Flowers has the right, in our sole discretion (with or without notice), to deny, terminate or suspend your use of the Website for any reason, including but not limited to your failure to comply with your obligations under these Terms and Conditions, breach of any of the Terms and Conditions and/or applicable law or legislation and/or unauthorised and/or improper use of the Website. Such suspension and/or termination will be without any prejudice to any claims for damages or otherwise that we may have against you.
24.2. Ferndale Flowers may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. We will not be liable to you in the event that we exercise our discretion to suspend, modify or terminate this Website.
25.1. In the event that the user fails to observe any of the provisions of the Terms and Conditions and/or uses the Website in an authorised and/or improper manner and/or infringes any law, regulation, legislation or the like, then it shall be deemed to be a breach of the Terms and Conditions.
25.2. In the event of a breach Ferndale Flowers shall have the right, without prejudice to any other rights which might thereupon be available to it, to:
25.2.1. enforce the relevant provisions and claim specific performance as well as such damages which it might have suffered;
25.2.2. cancel this Agreement and declare the whole balance of all amounts owing in terms hereof to be due, owing and payable and claim damages as it may have suffered as a result of the breach; and/or
25.2.3. cancel this Agreement and proceed against the user for the recovery of damages incurred and suffered by it.
25.3. Breach of these Terms and Conditions entitles Ferndale Flowers to take legal action without prior notice to the user and the user will be liable for all and any costs associated with such legal action, on an attorney and client scale, including interest and disbursements.
26.1. Ferndale Flowers chooses its domicilium citandi et executandi for all purposes arising from the Terms and Conditions as follows: Shop G3, Ferndale Village Shopping Centre, Cnr Main Ave & Oxford Road, Ferndale, Randburg
26.2. Notice sent in terms of the Terms and Conditions may be sent to: info@ferndaleflowers.co.za.
26.3. The user agrees that any notices or other communication relating to and required to be given in terms of the Terms and Conditions may be sent to the user’s billing address and/or via electronic mail to the user’s email address provided during the check-out process.
26.4. A notice or other communication actually received by a party shall be regarded as an adequate notice or communication and will be regarded as received by that party.
27.1. The user and/or Ferndale Flowers shall have no liability to each other if they are prevented from or delayed in performing their obligations under this Agreement, or from carrying on business, by acts, events, omissions or accidents beyond its/his/her reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of service providers or sub-contractors, provided that notification of such event and it’s expected duration is given by the party affected by the force majeure event to the other party.
28.1. The Terms and Conditions together with the applicable policies constitutes the entire Agreement between Ferndale Flowers and you and no party shall be bound by any undertakings representations, warranties, etc. not recorded herein.
28.2. We may assign any or all of our rights and obligations to any third party at any time.
28.3. Where the day upon or by which any act it required to be performed is not a business day, the parties shall be deemed to have intended such act to be performed upon the 1st (first) business day thereafter.
28.4. The rule of construction that in the event of ambiguity, the agreement shall be interpreted against the party responsible for the drafting thereof, shall not apply in the interpretation of the Terms and Conditions.
28.5. Any indulgence of whatsoever nature, granted by Ferndale Flowers to the user shall constitute a waiver of any rights.
28.6. If any provision of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such provision shall be severed, and the remaining Terms and Conditions and/or provisions shall survive and remain in full force and effect and continue to be binding and enforceable.
28.7. Each provision of the Terms and Conditions is, notwithstanding the grammatical relationship between that provision and the other provisions, severable from the other provisions.
28.8. The interpretation, construction and effect of the Terms and Conditions and the rights and obligations of the parties shall be governed by and construed in accordance with the law of the Republic of South Africa.
