Terms & Conditions

Here are Petal and Post Pty Ltd (“Petal and Post”), we strive to keep things simple and elegant – including all the legal matters. All orders placed with Petal and Post are subject to the following Terms and Conditions (“Terms”). Please read these Terms carefully before using our website and services. We will assume you have read and understood these Terms if you continue to access or make use of our website and services.

Pricing

Our prices are inclusive of value added tax but are exclusive of shipping fees. A delivery  of R35 applies to all areas within our immediate shipping zone. Areas beyond the shipping zone are subject to a delivery fee in relation to the distance of the area from our studios. . All delivery fees will be displayed to you on checkout. 

The price of subscription posies is a recurring fee that recurs  from the time that the order is placed until the order is cancelled. We reserve the right to amend the subscription  prices from time to time within our discretion. In this event, we will be in contact with the subscriber to advise on the updated fee and the option to cancel will be provided.

Payment methods

Payment can be made with a Credit or Debit Card (Visa/Mastercard/Diners Club), EFT (South African banks only), SnapScan and Zapper. We do not accept Forex as a payment option or EFT’s from international banks. Please note that we do not accept any credit/debit card information via the phone. All payments are secured using an authorised payment service provider. 

Recipient information

We need accurate information to effectively communicate with both our customers and their recipients. The provision of delivery details is at the sender’s discretion. To ensure your order arrives at the correct destination, please make certain that recipient’s address and contact details are filled out correctly in the delivery form. Petal and Post cannot   be held liable for any damages resulting from incorrect contact and delivery details. Kindly note, if the recipient’s details prove to be incorrect, re-delivery can be arranged but shall be at the cost of the sender. You, as the sender, bear full responsibility for sharing a recipient’s personal information with us. Please ensure a recipient consents to the sharing of their personal information with us. Petal&Post shall not be held liable for any claims that may arise due to the sharing of personal information with us. 

Changes to your order
If you wish to change your order or subscription, please contact one of our Team Leaders at [INSERT LINK]. We’ll always do our best to make last-minute changes for you, but we can only guarantee changes (including to the delivery address and card messages) that are requested by 09h00, on the intended delivery date. During peak periods* we begin processing orders earlier than usual, to account for the large volume of deliveries. This means that we may need up to 3 days’ notice for any changes to be made or an order. 

*“Peak periods” are defined as the 7-day period leading up to and including, Valentine’s Day, Mother’s Day, Peony Week and Christmas Day. 

Delivery times

Delivery takes place from Monday to Saturday each week. We aim to deliver orders between 11h00-18h00, however, delivery times may not be precise and cannot be guaranteed due to external factors such as traffic, weather, etc. Should you request a specific time slot, we will strive to accommodate you, however cannot guarantee that delivery will take place within the time slot.  Where we cannot make a delivery within the chosen time slot, we will contact you via phone call/WhatsApp messenger with a revised delivery schedule. 

Redelivery fees

Should your recipient be unavailable on the day of delivery and neither you nor the recipient can be contacted, re-delivery will be arranged at your convenience subject to a redelivery fee, which will include the cost of shipping. 

Flowers are a perishable product and as such an additional charge for new flowers will be included if flowers within a posy are not able to be redelivered within 1 (one) day of the scheduled delivery date on any order form. This clause especially applies to flowers that cannot be delivered on a Friday or Saturday as new flowers must be sourced for a Monday redelivery.

We do not include an additional delivery fee in our pricing structure to cover a second delivery. We do this to keep your delivery charges as low as possible. If a redelivery is necessary, you will be subject to a charge equal to that of the shipping cost associated with such second delivery. No redeliveries may proceed without this fee. To avoid this, we encourage you to ensure someone is available at the specified delivery address to receive the delivery. 

Redelivery procedures

We execute our deliveries with the following procedure: attempting to contact the recipient via the details provided on the order form, followed by attempting to contact the sender should the recipient prove unavailable. Arrangements may be made with either the recipient or the sender to leave the order with security, reception, and/or neighbours with the permission of either the recipient or sender. Petal and Post cannot be held liable for the condition of the posy more than 12 hours after delivery has been made, nor will we be held liable for the condition of the posy or theft thereof in instances where we were instructed to deliver the posy to anyone but the recipient.

Daily and weekly posies

We offer different Posy designs daily in Cape Town, Stellenbosch, Somerset West and Hermanus; and weekly designs in Johannesburg, Pretoria, Durban and the KZN Midlands. You can find the Posy of the day/week on our website under the desired city of delivery. Please note that each Posy is only available in their respective city; i.e, our “Joburg Posy” is only available in Johannesburg. Subscription posies may not be the Posy indicated on the website for same-day delivery. 

Pre-ordering posies

As specified above, Cape Town’s Posy changes daily and the Joburg and Durban Posies change weekly. Should you pre-order, the Posy on the site may not be the one your recipient obtains. Please be sure to look at the Posy’s date in the description on our website. Posy design images on the website are for illustrative purposes and do not serve as a guarantee of the posy you will receive when ordering. 

If you would like to see what the posy design will be on your chosen day of delivery, please reach out to one of our team leaders via email or phone and they will provide you with an image once the design is confirmed with the supplier for that specific date. 

Subscription posies

We offer a subscription posy package where you can receive a weekly posy delivery for an indefinite period of time. Our posy subscription has a minimum order number of 3 (three) posy deliveries. Please note that due to the minimum order number, you will be liable for the first three payments of your posy subscription order regardless of whether youcancel before the third delivery has taken place.. Should you wish to cancel or pause your subscription anytime thereafter, you are free to do so at no additional charge, however, please allow for a 2 (two) day notice period to confirm and finalize your request. If your card has already been billed for a delivery following such notice we will issue you with a full refund. Where notice is provided after you have been billed for the posy delivery, you will still receive and be charged for that delivery (as we will have already started cutting your flowers). 

Please write to hello@petalandpost.co.za should you wish to make changes regarding your subscription. Our subscriptions are intended to be ongoing with multiple deliveries, and whilst you are welcome to pause or cancel at will, we reserve the right to cancel subscriptions or intervene if we consider our leniency is being misused.

Stem variations

Each stem we send is unique and so on rare occasions, colours may vary or our farms will substitute stems to give you the highest-quality Posy. If we do have to make a change to your Posy, we will be sure to supply only an upgraded stem as a substitution. We reserve the right to substitute a stem with an alternative one of similar style and equivalent to or of greater value. 

Something’s missing from my order

We are sorry about your missing item! Please get in touch with our studio managers using the contact us link (INSERT LINK) so that we can rectify this issue. For us to help you as quickly as possible, please tell us your order number and let us know exactly what’s missing.

Complaints

In the unlikely event that you are dissatisfied with the condition of your Posy, please email us at hello@petalandpost.co.za with your order reference number and a photo of your Posy within 12 hours of receiving your item. Refunds and replacements will be reviewed on a case-by-case basis.

Returns and refunds

Our flowers are often sent out in bud form meaning they will last longer. If you receive flowers that do not seem fresh, please contact the branch manager at  INSERT LINK to let us know. If, at our discretion, we consider that the flowers do not meet our freshness standards, we will offer you either a free replacement at our next available delivery date, or a refund or discount code to use on your next purchase. 

Please note that you will need to email us a photo of the un-fresh or damaged stems within 24 hours of receipt to be eligible for a refund. If we offer you a refund, we will refund you the full amount within 3 (three) days. Please allow between 5-10 working days for the refund to reflect in your account.

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

Remaining anonymous

Should you require to remain anonymous on your order, please let us know before the delivery is sent out. Petal and Post will not be held liable for the sender’s name being given to the recipient upon request without a clear indication from the sender to remain anonymous. The sender’s name is not put onto the notecard with a posy without it being added to the message by the sender.

User responsibilities

By using our website and services, you warrant that:

you have read and agreed to these terms and will use the website and our services per them;

you have not made any misrepresentations and the information provided in the sale process about you, your company and/or your status is true, accurate and complete in every aspect;

you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound by these terms;

where you use our services on behalf of your company or organisation, you warrant that you lawfully possess and submit such information to Petal and Post with the authority and consent of such organisation or company and indemnify us against any third-party claims that may arise in respect of any personal information you share with us;

you will not post, upload, replicate or transmit any abusive content on the website that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the website or our services;

you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the website or the underlying software code;

you will not infringe the intellectual property or other rights of any third party or the Petal and Post or transmit content that you do not own or do not have the right to publish or distribute;

you will not use the website or our services for any commercial purpose other than as we expressly provide for herein;

you will not use the website or services to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or

you will not facilitate or assist any third party to do any of the above.

If you fail to adhere to the above, such action will automatically and immediately be deemed to be a material breach of these terms, allowing us to manifest all of our rights in the case of a breach, including but not limited to denying you access to our website or services, reporting your actions to an applicable authority or instituting legal proceedings against you.

Our website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any connectivity necessary to use the website and our services. We do not guarantee that the website, or any portion thereof, will function on any particular hardware or device.

Without prejudice to any of our other rights (whether at law or otherwise), we reserve the right to deny you access to the website where we believe (in our reasonable discretion) that you are in breach of any of these terms.

Messages

Data messages, including email messages, you send to us will be considered as received only when we acknowledge or respond to these messages.

Data messages we send to you will be regarded as received when the data message enters your email server inbox and is capable of being retrieved and processed by you.

We reserve the right not to respond to any email or other data message that contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or data message if necessary.

Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. We are therefore not responsible for the accuracy or safety of any message sent by email or over the internet.

Advertising

The website may include links to other websites (“other sites“). We do not own or endorse these other sites and are not responsible for the information, material, products, or services contained on or accessible through these other sites. Any hyperlinks do not imply any endorsement, agreement on or support of the content or products of these other sites.

We do not own the content on any other site which may be shown on the website. Should the owner of any content showcased on the website want the content to be removed, please contact us to request the removal of such content.

Your access and use of the other sites remain solely at your own risk and on the terms set by the operator of any other site.

Intellectual property

All website layout, website content, material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Petal and Post our shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.

Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, editorial content, graphics or other material or the underlying software code whether in whole or in part, without our written consent first being granted, which consent may be refused at our discretion. No modification of any intellectual property or graphics is permitted. Should you breach these provisions, we and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you. 

We reserve the right to make improvements or changes to the intellectual property, information, videos, graphics, and other materials on the website or services, or to suspend or terminate the website, at any time without notice; provided that any transactions or functions already concluded, will not be affected by such suspension or termination (as the case may be). 

Where any intellectual property has been licensed to us or belongs to any third party all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions.

Subject to adherence to the Terms, we grant to you a personal, non-exclusive, non-assignable and non-transferable licence to use and display all content and information on any machine for which you are the primary user. However, nothing contained on the website or in these Terms should be construed as granting any licence or right to use any intellectual property without our prior written permission.

Indemnities and disclaimers

Our website and services, including our intellectual property, are provided “as is” and “as available”. We make no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness, or suitability of either the website or our services. 

Petal and Post, its shareholders, directors, employees, and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential, or arising from information made available on (or by means of) the website and/or transactions or actions resulting therefrom or from the services offered. 

Petal and Post, its shareholders, directors, employees, partners, and affiliates, accept no liability whatsoever for any costs, expenses, fines, or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of its services, and access to, or use of, its website in any manner.

We take reasonable security measures to ensure the safety and integrity of our website and to exclude viruses, unlawful monitoring and/or access. However, we do not warrant or represent that your access to the website will be uninterrupted or error-free or that any information, data, content, software, or other material accessible will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of our website and services remains solely at your own risk, and you should take your own precautions accordingly. 

You indemnify and hold harmless Petal and Post, its shareholders, employees, and partners from any demand, action, application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party, and arising out of or in connection with your use of the website or its services offered or transactions concluded in any way.

You agree to indemnify, defend, and hold Petal and Post, its shareholders, employees and partners harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms.

Dispute resolution

Should any dispute, disagreement or claim arise between you and Petal and Post, concerning the use of our website or services, we will attempt to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind. 

Should we fail to resolve the dispute by negotiation or within any further period we may agree to during negotiations, we will approach an independent industry expert who shall mediate the discussions between us to find a mutually beneficial solution.

Notwithstanding the above, both parties consent to the jurisdiction of an appropriate South African court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.

We both agree that in no circumstance will either party publicise the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.

Our contact information

Registered name: Petal and Post Pty Ltd

Registration number: 2018 / 372120 / 07

Physical address: Petal and Post, 375 Albert Road, Woodstock, 7915

Postal address: Same as above

Contact telephone number: +27 71 454 6124

Contact email: hello@petalandpost.co.za

Website address: www.petalandpost.co.za

Legal terms

Relationship Between the Parties – The relationship of the parties, inter se, shall be governed by these Terms and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party.  

Force Majeure – If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Terms, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), then such failure shall not constitute a breach under these Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned

Change Without Notice – Our website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective once we upload the amended Terms to the website. Your continued access or use of the website constitutes your acceptance to be bound by these Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.

Entire Agreement – This document contains the entire agreement between the parties in relation to the subject matter hereof. 

Headings as Reference – The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.  

Governing Law – Your access and/or use of the website and our services, and the operation of these Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa.

Failure to Pay – In the event of a client failing to pay any amount timeously or breaching these Terms, the client shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Petal and Post in relation to the payment failure or breach.

Severability – Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgement issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.