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Terms & Conditions
Gemma Blooms Customer Terms and Conditions
The virtual marketplace www.gemmabloom.co.za is owned and run by Greenhouse Creations CC, registration number 2003/039876/23, a company incorporated in the Republic of South Africa (hereinafter referred to as “Gemma Bloom”).
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 Gemma Bloom and the Customer govern the provision of this Service by Gemma Bloom 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.
Gemma Bloom 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 Gemma Bloom 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; 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). Gemma Bloom 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). Gemma Bloom 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.
Gemma Bloom accepts Visa and Mastercard credit cards. Credit card transactions will be processed for Gemma Bloom 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.
Delivery
Delivery time is dependent on product stock availability.
Orders will be delivered any time between 9 am and 5 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, Gemma Bloom 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.
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 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, Gemma Bloom reserves 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 Gemma Bloom 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 Gemma Bloom 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, Gemma Bloom, 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.
Gemma Bloom 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.
Gemma Bloom assumes no responsibility for errors or omissions in the contents on the virtual marketplace. Gemma Bloom furthermore does not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of the contents.
Gemma Bloom 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 Gemma Bloom have been informed of the possibilities of such damages. Gemma Bloom 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 Gemma Bloom fully and on demand against any liability, penalty, claim, loss, cost or damages suffered by Gemma Bloom where attributable to any wrongful act or omission by you or any person making use of your Gemma Bloom account at any time or arising in any way as a result of a purchase made by you on the Gemma Bloom 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 Gemma Bloom. 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, 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 Gemma Bloom shall not be construed as a waiver or variation of any of our rights or remedies.
Contact Details
Physical address: Village View Shopping centre, corner Kloof and Van Buuren Rd, Bedfordview
Email order@gemmabloom.co.za
Telephone number: 011 4554827
TERMS AND CONDITIONS FOR Bloomable SOCIAL MEDIA COMPETITIONS
A PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS CONTEST (or the “Promotion”). A purchase will improve chances of winning. By entering this Promotion, entrants accept and agree to be bound by these Terms and Conditions. You have not yet won. Winning a prize is contingent on fulfilling all requirements set forth in these Terms and Conditions. Any violation of these may result in disqualification, without notice to the violator. All decisions of the Sponsor are final and binding in all respects.
1. All Gemma Bloom promotions or competitions are in no way sponsored, endorsed, administered by, or associated with Facebook, Google +, Instagram, Pinterest, Twitter or YouTube. You are providing your information to Gemma Bloom and its partners and not to the abovementioned. The information you provide will only be used for marketing and to contact you if you are a winner. All marketing correspondence has the option to opt out at any time.
2. Social Media winner announcements will be made on a date specified for each competition. The winners will be chosen based on the relevant competition terms and conditions.
The selected winners will need to agree in writing upon winning the prize to at least two of the following options: three (3) Facebook posts with images, three (3) Tweets or three (3) Instagram posts, tagging both Gemma Bloom and in all posts and tweets. Should a winner only have one of these social media platforms in use, the amount will increase to six (6) Facebook post or tweets or Instagram posts. The prize will be automatically forfeited should this not be agreed to in writing beforehand.
If a potential winner cannot be located or does not respond within fourteen (14) days, the prize will automatically be forfeited. Except where prohibited, acceptance of prize constitutes winner’s consent to the use of his/her name, likeness and biographical data for advertising and promotional purposes without additional compensation. Prize is not redeemable for cash.
3. Eligibility: A PURCHASE IS NECESSARY. Entrants of all ages can enter but any destination prize winner(s) under the age of 18 must be accompanied by an adult on their destination prize trip. This promotion is open to residents worldwide except for the following and their employees, contractors and their families of Gemma Bloom.
All national, provincial and local laws apply. Void where prohibited. All state and local taxes are the winner’s sole responsibility. By accepting the prize, winner waives the right to assert as a cost of winning said prize, any and all costs to redeem said prize and any and all liability that might arise from redeeming or seeking said prize. Winner may be required to show proof of age and residency.
4. To Enter the Gemma Bloom Social Media competitions please refer to each relevant competition for terms and conditions.
Entries displaying or containing profanity or that are obscene, and all incomplete entries, will be disqualified and/or deleted. Entries found to be part of link exchanges, liking vote engines will be disqualified and/or deleted. Gemma Bloom will act as moderators of the user-generated content and will exercise discretion in their performance thereof. The user-generated content may be used by Gemma Bloom across all of Gemma Bloom online properties – including Gemma Blooms various Social Network platforms – and all entrants give their express permission for Gemma Bloom to do so. Entries must meet all relevant eligibility requirements listed herein. Gemma Bloom's decision on the winners will be final. The only entries that will be considered as valid are those entered during the relevant competition period and which satisfy the above mentioned criteria. No entry will be accepted or deemed valid if it is submitted through any other means. Only completed entries will be eligible for the prize.
All entries received after the end of the Promotion Period will be void and will not be eligible for the prize. Entry materials are automatically null and void if not obtained through the authorized channels or if any part is late, incomplete, illegible, or contains typographical or other errors. The Sponsors have no obligation to notify the participant of the disqualified entry. All entries submitted become the property of the Sponsors and will not be returned.
All decisions of the Sponsors are final and binding in all respects.
The Sponsors are not required to review or respond to any correspondence received from an entrant regarding the Promotion.
The Sponsors, prize suppliers and any and all Internet server(s) and access provider(s) and prize providers (collectively, “Promotion Entities”), and each of their respective affiliates, subsidiaries, parent corporations and advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents (collectively, “Releasees”) are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in the promotion; inability to access the entry site or any web pages thereof; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any web site (including the entry site) or for any other reason whatsoever; typographical, printing or other errors; or any combination thereof. Proof of entering information at entry site is not considered proof of delivery or receipt. Illegible, incomplete, and duplicate entries will be disqualified. All entries become the property of the Sponsors and will not be acknowledged or returned. Acceptance of prize also constitutes permission to use winner’s name, biographical information and/or likeness for Sponsor’s promotional and/or advertising purposes without notice or compensation. False, fraudulent or deceptive entries or acts shall render entrants ineligible. By entering the promotion, entrants affirm that they have read and accepted these official rules. The voting shall be governed by and construed in accordance with the laws of South Africa. By entering the promotion, entrants hereby submit to the jurisdiction and venue of the courts of South Africa, and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. Any entry information collected from the promotion shall be used only in a manner consistent with the consent given by entrants at the time of the entry, with these official rules.
5. Limitations on Liability: Sponsor shall not be liable to winners or any other person for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid, equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsors’ sole control. Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Sponsor shall not be liable for any loss or damage to baggage.
If contestants are entering electronically and this promotion is not capable of running as planned, or if this promotion or any web site associated therewith (or any portion thereof) becomes corrupted or does not allow the proper promotion entry or processing of entries in accordance with these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsors’ sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsors reserve the right, at their sole discretion, to disqualify any entrant implicated in such action and/or to cancel, terminate, modify, or suspend this promotion or any portion thereof. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE (INCLUDING THE ENTRY SITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsors may, in their sole discretion, suspend, modify, or terminate the Promotion. If the Promotion is terminated before the end of the Promotion Period, the Sponsors may, in their sole discretion, select a Winner from all eligible entries received as of the termination date
5. The use of any device to automate the entry process is prohibited.
6. Personal Information: The personal information collected through this promotion will be used by Bloomable and its partners for marketing purposes only. All correspondence will carry the option to opt out at any time. The information collected will not be sold or made available in any way to any natural or juristic persons but those listed as Bloomable’s Partners.