Terms and Conditions

General Terms and Conditions

Introduction

The General Terms and Conditions of Oh so Pretty, which will be referred to as the ‘Terms and Conditions’, contain all the general terms according to which services are rendered and products are provided to Clients, Customers and Recipients. Where a policy is contradictory or if content provided in two separate documents or on two separate platforms may be contradictory, this set of Terms and Conditions will be the overruling document, and it is considered to be a legally binding document.

Furthermore, the Terms and Conditions govern the provision of Services rendered by Oh so Pretty to the Customer and when registering as a Customer on the virtual marketplace, the Customer is deemed to have accepted the Terms and Conditions, and agrees to be bound by them.

Oh so Pretty reserves the right to change, modify, add to or remove from portions or the whole of the Terms and Conditions, from time to time. Changes to the 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 deemed acceptance to abide by and be bound by the Terms and Conditions as applicable at the time of use, including such changes or updates.

Definitions

The following terms have been defined to ensure that there is no misunderstanding when it comes to interpreting the operational processes and procedures of Oh so Pretty.

Customer/Client

The terms customer and client may be used interchangeably and represent both private individuals and corporate clients, as well as individuals who transact through the marketplace with Vendors or who show an interest in interacting through the virtual marketplace. Where a third party is set to receive a service or product from Oh so Pretty at a client or customer’s request, the third-party will be referred to as the Recipient. Where customer or client is referred to in any documentation or on the website, or any other source of information generated by Oh so Pretty or created on behalf of Oh so Pretty, it may be interpreted as either Customer or Client, as may be applicable within the context.

Payment

Payment refers to the transfer of funds to Oh so Pretty for the rendering of services or the purchasing of products.

Recipient

Recipient refers to the person who will receive the benefits of the services rendered by Oh so Pretty or products purchased on the recipient’s behalf by a Client or Customer.

Refunds

Refunds refer to the transfer of funds from Oh so Pretty to the Client or Customer, for services and products that Oh so Pretty did not render despite being able to. Services which Oh so Pretty might fail to render for reasons beyond its control, such as a Recipient being unable to accept a gift before its end-of-life term is reached, will not be refundable to the Client.

Services

Services refers to the act of providing something to a Recipient, at the Client or Customer’s request. The terms and conditions of each individual service rendered is subject to the terms discussed with the Client or Customer, however, such terms are subject to the General Terms and Conditions of Oh so Pretty.

Terms of Payment

Terms of Payment will be specified on each invoice or quotation as supplied to the Client or Customer. As far as is reasonably possible, Oh so Pretty will always strive to provide accurate information on the invoice or quotation but notice should be taken that errors may be made which will be rectified by Oh so Pretty as soon as practicable, once it has come to Oh So Pretty’s attention.

Vendors

Vendors refer to the suppliers of products on offer and who interact with Customers via the virtual marketplace platform to render a service or sell a product.

Virtual Marketplace

The virtual marketplace www.ohsoprettyonline.co.za is owned and run by Oh so Pretty Florist (Pty) Ltd, registration number 2015/174761/07, a company incorporated in the Republic of South Africa (hereinafter referred to as ‘Oh so Pretty’).

The Service that Oh so Pretty enables in the virtual marketplace is one where Vendors and Customers transact and communicate online to trade in flower, gift, and other related products.

Terms of Use of the Virtual Marketplace

General

Some devices may not support the use of our platform. It is your responsibility to keep your device(s) updated and/or in a condition for them to support the use of our platform, including access to internet.

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 purchases.

This virtual marketplace and the content provided in this virtual marketplace are owned by or licensed to Oh so Pretty and 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 Oh so Pretty including, but not limited to infecting our marketplace or website with any software, malware or code that may infect, damage, delay or impede the operation of our platform or which may intercept, alter, or interfere with any data generated by or received through our platform.

Users may not use malicious search technology, including, but not limited to, spiders and crawlers or attempt to interfere with the host or network by 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 Oh so Pretty virtual marketplace that is obscene, offensive, vulgar, defamatory, threatening, harassing, abusive, hateful, racist, sexist, discriminatory, of a menacing character or embarrassing 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 impersonate another person.

Should a user breach any of these Terms and Conditions, Oh so Pretty, at its sole discretion reserves the right to suspend, alter or terminate user registration and access to the virtual marketplace without notice.

Your account

To place an order through the marketplace, you must register an account with Oh so Pretty. You agree and guarantee that the information you provide to us during registration is accurate and correct. To register, you must choose a password. You are solely responsible to keep your account access information – username and password – safe. If anyone accesses your account (whether that be you, or anyone else), we assume that the person using the account is you and we will not be liable for any losses suffered from the unauthorised use of your account. 

You may use the username and password to log in for your own personal use only, and you may not pass on the information to any third party. The onus is on you to immediately notify Oh so Pretty in writing of any unauthorised use of your account, or other account-related security breach of which you may become aware.

At any time, we may cancel or suspend your account or access to the marketplace in our sole discretion, without any liability, if you are in breach of these terms. All our rights in respect of our limitation of liability will survive the termination of these terms. 

Products     

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 as the delivering florist may substitute flowers, greenery, fillers, containers, or accessories without notice to the Customer, but will always aim to present a product similar to the product displayed on the virtual marketplace. The same applies to other products such as gift boxes and food items.

While substituted items in a gift are very rare, the right is reserved to make these substitutions without notifying the Customer, unless the substitutions are significant. In these cases, there will be an attempt to contact the Customer. All substitutions are of equal or greater value and appear similar to the product displayed on the website.

Occasionally, substitutions may be necessary to create your arrangement due to the season, and nature of fresh produce, and availability of certain flowers in various geographic locations in the countries that we deliver in. Care is taken to maintain the style, theme, and colour scheme of the arrangement, using flowers of equal value. Additionally, the substitution of certain keepsake items may be necessary due to increased demand, especially during major holidays. In single-flower arrangements, such as an all rose bouquet, or orchids, every attempt will be made to match the flower type, but substitutes may be made with similar colours, when necessary.

Note that as the Customer, it is your responsibility to ensure that the product ordered will be suitable for your needs, also considering any allergies that you or the Recipient of the product may suffer from. Note that some products supplied by the Vendors may contain nuts or may have been manufactured in such factories. 

Order processing

Order processing begins when we receive a confirmed order and full payment. When we receive orders 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). Oh so Pretty endeavours to market products through the virtual marketplace at competitive prices. The order price includes the price of the product plus any applicable sales tax (if the Vendor is registered for VAT) and delivery charges, for delivery up to a radius of ten (10) kilometres from the Vendor’s premises. The price that applies at the time of placing the order, will be the price payable in respect of the product.      

You may pay for products on the virtual marketplace by Credit Card, by Electronic Fund Transfer (EFT) or by direct deposit into our bank account, via our online payment platform.

If you choose to pay via EFT, you must 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 must select your local currency as the payment currency in order to avoid charges; and 2) you are obliged to accept any additional bank or processing fees levied on the transaction or incurred as a result of foreign exchange. Oh so Pretty and/or the Vendor will not accept liability for any additional fees incurred for international transactions.

Proof of Payment should be emailed to Oh so Pretty at info@ohsoprettyonline.co.za. Please note that we will only start processing your order once payment reflects in our bank account. Please refer to the invoice for the banking details and use your order number as reference.

Terms of Deliveries and Exceptions

Products ordered through the virtual marketplace can unfortunately not be delivered 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 on weekdays (excluding public holidays) and between 9 am and 5 pm on Saturdays. Note that the Oh so Pretty customer care and call centre operations will only be available on a Saturday between 9 am and 1 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. 

Every effort is made to effectively deliver your order timeously, however, unforeseen circumstances may cause delays, in which case Oh so Pretty will contact you via email and provide a revised delivery schedule. Customers must provide Oh so Pretty with South African contact numbers for recipients to effect delivery. 

The Oh so Pretty delivery fee is based on distance and if the delivery address changes for any reason resulting in a longer distance, the delivery fee will increase. Generally, we make two attempts to deliver whereafter an additional R75 may be charged per attempt. 

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 detail in the delivery address that you have provided is incorrect, we will not be liable for any items which are not received. You will also be billed for any additional costs that may be incurred as a result of failed delivery attempts relating to incorrect information provided or a change in delivery address.

You agree that if a Recipient is unavailable at the given address, the delivering partner may 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 partner 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.

No deliveries will be left unattended at the Recipient’s premises or elsewhere and delivery will always be to a person. 

Refunds and/or Returns

When payment has been made and we have started processing your order, your right to a refund may be limited.     

In the event that we are unable to find a Vendor to supply the product ordered or any substitute product, we shall notify you as soon as is reasonably possible and shall reimburse your payment in full within forty-nine (49) business hours in case of an EFT payment or within twelve (12) days if paid by credit card.     

Neither ourselves, nor the Vendor or any courier or courier service that the Vendor uses, shall be liable for any failure to execute an order, where such failure or delay results from any circumstances outside of our reasonable control; these circumstances include but are not 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, acts of God, or from any industrial dispute or strike.

In the event of a complaint, the fees paid in respect of the order may be refunded or the order may be replaced, depending on the circumstances, and provided that the complaint was reported within thirty-six (36) hours from 5 pm 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 and sufficient details to determine the appropriate remedial action required, if any.

Note that as a result of the nature of the product, return rights in law may not apply.     

Social Media

Integration      

The platform may allow you to create an account, profile, log in and/or share information through connecting to various social media sites or apps, including Facebook, Twitter, LinkedIn, and Instagram.

If you proceed to use our services in such context, then the relevant social media websites' rules will also apply, and you agree to such integration.

Comments and Posts

• All rights are reserved to remove any posts from any social media pages as discrimination or prejudice is not tolerated. This means any cyber-bulling, or unsavoury remarks will be taken down.
• All rights are reserved to remove any comments from paid adverts on any social media sites.
• All winners for social media competitions are chosen with fair discretion.
• All efforts are made to reply to any queries on social media as quickly as possible.

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.

Oh so Pretty will reasonably endeavour 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.

Subject to applicable laws, Oh so Pretty assumes no responsibility for errors or omissions in the contents on the virtual marketplace. Oh so Pretty, furthermore, does not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of the contents.

Subject to applicable laws, Oh so Pretty 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 Oh so Pretty has been informed of the possibilities of such damages. Oh so Pretty cannot assume any obligation or responsibility in this regard.     

The use of the content on the virtual marketplace is forbidden in those places where the law does not allow this disclaimer to take full effect.

Oh so Pretty excludes all liability in respect of products as the products are supplied by the various Vendors.

Indemnity

Subject to applicable laws, you agree to indemnify Oh so Pretty fully and on demand against any liability, penalty, claim, loss, cost or damages suffered by Oh so Pretty where attributable to any wrongful act or omission by you or any person making use of your Oh so Pretty account at any time or arising in any way as a result of a purchase made by you on the Oh so Pretty virtual marketplace.

Third Party Links

In an attempt to provide increased value to our Customers, 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

Oh so Pretty owns or is licensed to use all copyright relating to the virtual marketplace, including these Terms and Conditions. All rights not expressly given are reserved. You may download, view and print content from this site only for private and non-commercial use. 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 Oh so Pretty. As such they are protected by local and international legislation and agreements.

General          

These terms, the actions related hereto, and rights and obligations flowing from them, shall be interpreted and governed by and under the laws of 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.

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.

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 Oh so Pretty shall not be construed as a waiver or variation of any of our rights or remedies.

Contact Details and Legal Disclosures

Website owner: Oh so Pretty Florist (Pty) Ltd (trading as "Oh so Pretty”) with company registration number 2015/174761/07.

Legal status: Oh so Pretty is a private company, duly incorporated in terms of the applicable laws of the Republic of South Africa.

Director(s): Kenndra Robertson

Description of main business: electronic platform through which users may order flowers and gifts and enquire about services offered

Website address: www.ohsoprettyonline.co.za

Email: info@ohsoprettyonline.co.za

For more information about how to order, special order requirements and other payment options, please email us at info@ohsoprettyonline.co.za.

 Personal Information

Acquisition of Personal Information

Oh so Pretty will request each online user to submit their details via an online form on the Oh so Pretty virtual marketplace. This information will be confirmed via email by an Oh so Pretty representative.

Clients or Customers who contact Oh so Pretty directly via email, WhatsApp, social media, or phone call will be asked to provide and/or confirm their personal information via email.

Terms of Use of Personal Information

Oh so Pretty requires personal information including but not limited to full name, address, and contact details, to be able to provide a high standard of service delivery to each Client, Customer and Recipient, and to also adhere to the laws and legislation of the Republic of South Africa.

You are required to provide personal information, or to confirm that the information on record is still accurate and up to date, when placing an order. Please note, when personal information is not kept up to date or is erroneously provided to Oh so Pretty, Oh so Pretty will not be liable should the service or product not reach the intended Recipient.

Furthermore, the personal information provided to Oh so Pretty will only be used by itself and its partners who are integral in the rendering of services to the Recipient.

Storage of Personal Information

Personal Information of all Clients, Customers and Recipients will be stored on a cloud-based server, to which access will be password controlled.

Information Officer

The Information Officer who is responsible for the composition of this policy as well as the company’s adherence to it, is Kenndra Robertson, its CEO. She can be contact via email at info@ohsoprettyonline.co.za.

For any additional queries regarding Oh so Pretty’s policy, please contact us directly on info@ohsoprettyonline.co.za.