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   (012) 348 5037   |   info@marvellousorchid.co.za

Terms and Conditions

Terms and Conditions


IMPORTANT LEGAL NOTICE
Please read these terms and conditions carefully before using this Website.
These Terms are issued by Chin-Te Import & Export CC trading as Marvellous Orchid (95/145948/23) who’s Registered
Office and trading address is at the Corner of Jacobson Dr & Lynwood Road, Pretoria East, Pretoria,
Gauteng, South Africa OR Corner of Bellairs Drive & Blandford Road Northriding (Inside Northriding
Square) Johannesburg, Gauteng, South Africa. The VAT number of Marvellous Orchid South Africa is
VAT Number (4710168784). The company is registered in South Africa.


1. Interpretation and Severability


1.1. In these terms and conditions:
1.1.1. "Account" means the account established between us and a Business;
1.1.2. "Business" means any company, partnership, charity, organisation or business
accepted by us as such;
1.1.3. “Marvellous Orchid” means the business trading as Marvellous Orchid
1.1.4. "Consumer" means a natural person acting outside business purposes;
1.1.5. "Products" means any products purchased by you through our Website;
1.1.6. “us/our or we” means Marvellous Orchids and any of its authorised agents;
1.1.7. "Website" means www.atmarvellous.co.za.
1.1.8. “you/your” means the Consumer or Business who orders the Product(s).
1.2. These Terms and Conditions include all other notices, policies,
disclaimers and other terms contained in Marvellous Orchid Website, provided that
in the event of a conflict between any such other notices, policies, disclaimers and other
terms, these Terms and Conditions shall prevail.
1.3. If any of the clauses in the Terms and Conditions are held to be invalid or
unenforceable, the invalid or unenforceable term will be severed from the agreement
and the remaining provisions shall remain in full force and effect.

2. General

2.1. These terms and conditions are issued by Marvellous Orchid. These terms and
conditions apply to the entire contents of the Website under the domain name
www.atmarvellous.co.za whether you act as a private individual and consumer or
as a business and the company.
2.2. By accessing any part of the Website, you shall be deemed to have accepted these
Terms and conditions in full. If you do not accept these Terms in full, you must leave the
Website immediately.
2.3. You warrant that you possess the legal authority to enter into any agreement and to
use this Website in accordance with its Terms and Conditions.
2.4. We reserve the right to supplement and amend the Terms and Conditions on which you
are permitted access to Marvellous Orchid Website from time to time. We will post
any changes on Marvellous Orchid Website and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the (we will pop out new terms and conditions)
Marvellous Orchid Website.
2.5. Additionally, we reserve the right to suspend, restrict or terminate access to
Marvellous Orchid Website taking into account or reasonable steps have been exhausted.

3. Entire Agreement

These Terms together with our current Website prices, delivery details, contact details, Website
terms of use set out the whole of our agreement relating to the supply of the Products to you by us.
If you require any change please make sure that you ask for these to be put in writing so it may be
signed by both parties involved. In that way we can avoid any problems surrounding what is
expected from both parties.


4. Jurisdiction
These terms shall be governed by and interpreted in accordance with South African law, and
disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the
South African Courts.


5. Non-variation of Terms and Conditions.
No addition to, variation, or agreed cancellation of this agreement or notices, policies, disclaimers
and other terms hereto shall be of any force or effect unless reduced to writing and signed by or on
behalf of all the parties.


6. Prices


6.1. Our Website depicts the prices which are already inclusive of Value Added Tax.
6.2. The Prices listed within Marvellous Orchid Website are valid for a maximum period
of 14 days of submitting your order.
6.3. Prices may vary on products when comparing the Website’s prices and those offered at
Marvellous Orchids stores or those provided telephonically by Marvellous Orchid’s
employees.
6.4. If the price of a Product is incorrectly shown and is higher than stated on our Website
we will either send you an email informing you of the new price and asking you if you
want to proceed with your order or we will cancel the order and inform you.
6.5. If the price of a Product is lower than stated on our Website we will send you the
Product and charge you the lower price.


7. Orders/Payment


7.1. You will be given clear instructions to navigate the order process and will be required to
provide us with your complete personal details, including an email address, accurate contact telephone
number, and physical delivery address and billing address, together with those of the intended recipient and all necessary payment details, if you are registering as a business user, you are required to provide us with details of the business, including registered company name, registration number, VAT number if applicable, contact details with a contact person and physical address. This information is only used to fulfil your specific request, unless you give us permission to use it in another manner, for example to add you to our mailing list. By placing the order you agree to provide the above mentioned details to the Website. All the information provided will be used soley for the purpose of contractual obligation between you and Mervellous Orchid unless otherwise consent by you
7.1.1. Marvellous Orchid may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
7.1.2. All information of your personal or business detail is kept secure. Only authorized Marvellous Orchid employees have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.
7.2. We accept payment by direct deposit, internet transfer and FastPay.
7.3. By clicking on the 'PROCEED TO CHECKOUT' button or ‘CHECKOUT’ button at the end of the order process, you are consenting
to be bound by our terms and conditions contained in these Terms and Conditions and
appearing anywhere on the Marvellous Orchids Website.
7.4. When Marvellous Orchid Website asks you to submit financial information, such as your credit or debit
card number Marvellous Orchid uses industry standard technology for secure commercial
transactions. This encrypts data, including your credit or debit card number. The
Marvellous Orchid will not be liable for any unauthorised transactions made using your personal
or financial details, unless we are negligent. Most banks or credit card providers either
cover all charges resulting from such unauthorised use or limit your liability to a
maximum amount. Refer to Your credit or debit card agreement to check your coverage
liability.
7.5. Your dealings with any third parties via the Website and any terms or conditions agreed
with, or representations given by, them, are solely between you and such third parties.
The third party will be responsible for protection and security of your personal data or
financial details which they collect. You agree that Marvellous Orchid is not liable for such
dealings.


8. Links to Third Party Websites


8.1. This Website may contain hyperlinks to websites operated by third parties other than
Marvellous Orchid. Marvellous Orchid does not control such websites and is not responsible for their
contents, availability or your use of them. The Company's inclusion of hyperlinks to such
websites does not imply any endorsement of the material on such Websites or any
association with their operators.
8.2. Any links to third party websites on this Website are provided solely for your
convenience. If you use these links, you shall leave this Website. If you decide to access
any of the third party websites linked to the Website, You do so entirely at your own risk.


9. Delivery


9.1. We only deliver Products within the Gauteng area/areas at this moment until we expand our delivery areas.
Where possible we will advise you of the restrictions applicable before you place your
order. If you would like us to deliver to these areas or have a query about where we
deliver please contact us for further details. We may be able to make delivery subject to
an additional charge. We will advise you at the time of your order of any additional
charges to remote areas which are not normally delivered to by us.
9.2. Delivery dates shall be detailed on the Website and will be communicated to you when
you order Products, we normally take 3 to 5 working days to deliver to the address within Gauteng province specified by you.
9.3. Whilst we agree to use all reasonable endeavours to ensure that delivery will be on the
requested delivery date or during the delivery period this is not a guarantee. In very
limited circumstances delivery on the requested terms will not be possible. In such
circumstances you will be given prior notice wherever possible and we shall either make
alternative arrangements or shall reimburse your payment accordingly taking into account all other factors.
9.4. We will deliver the Products ordered by you to the address provide by you, for delivery
at the time you make your order. We cannot guarantee when any item will be
despatched and we are unable to specify a time for delivery.
9.5. All orders will require a signature on delivery, including the case of delivery of
certain Products or to certain locations where a third party is involved, such as offices,
hospitals, Funeral Directors, airports, hotels, flats or apartments with concierge
services, ships and other business locations. The signature of any person authorised to
accept delivery on behalf of the organisation shall be accepted as proof of delivery to
your chosen recipient.as
9.6. Please be aware that the carrier will deliver the goods to the address provided in good
faith and we cannot accept responsibility if the intended recipient is no longer at that
address and the receiver refuses or fails to return the items(s).
9.7. You will become the owner of the Products you have ordered when they have been
delivered to you or the representative of the recipient. Once Products have been
delivered to you they will be held at your own risk and we will not be liable for their loss
or destruction.
9.8. Please note that where the carrier is unable to find someone to accept delivery, or
unable to leave the delivery in a secure location, they will leave a card at the address for
the recipient to make contact and re-arrange delivery. If the recipient fails to make
contact in good time we reserve the right to charge for re-delivery to that or an
alternative address.
9.9. We will not be held liable for any failure to perform, where such failure or delay results
from any circumstances outside our reasonable control including but not limited to any
fire, flood, explosion, accident, adverse weather conditions, traffic congestion,
mechanical breakdown, obstruction of any private or public highway, riot, government
act, act of war, terrorism, act of God, or from any industrial dispute or strike,
interruption or failure of electricity or telephone service whatsoever.
9.10. Please ensure that you enter full and accurate details, including the address and the
postal code, of the recipient. Please kindly also provide us with your contact details in
the event that problems are encountered with a delivery address. We will not be
responsible for any orders which are not delivered due to incorrect or incomplete
information being supplied by you. We regrettably are unable to change any of the
delivery details (Including card message) on day of dispatch.
9.11. We regrettably do not deliver on Public holidays.
9.12. Although seldom charged, we do reserve the right to charge a handling fee should the
address provided for the recipient be incorrect, if you changed your mind and the
delivery already went out or if the recipient already has a similar product and needs to
exchange the items for something else.
9.13. If you receive a product that is different to the one you ordered, please inform us
telephonically or by email within 24 hours of receiving it and we’ll make arrangements for the item(s)
to be returned to us and for the correct product to be delivered to you as soon as
possible. If the incorrect product is delivered to you please do not tamper with same or
you will be liable for a handling fee.
9.14. Please note that if you order a number of items for delivery to the same address, they
may be despatched separately and we cannot guarantee delivery on the same day.


10. Products


10.1. Flower availability and substitution:
10.1.1. All floral products are subject to availability. In the event of any supply difficulties or
if the flowers we have received from our growers that are needed to make up your
order do not meet our high quality standards, we reserve the right to substitute any
product with an alternate product of a similar style and equivalent (or greater) value
and quality. Where this is necessary, and the substitution is significant, we will try to
contact you with the contact details provided by you. If you wish to discuss the substitution we have made, please
contact our customer services team.
10.1.2. If we are unable to contact you via the contact methods provided prior to the time
that we make up your order, we will hold your order 24 hours.
10.1.3. Availability of plants is subject to prior sales and offer may be withdrawn anytime.
10.2. Damaged flowers:
10.2.1. Although we do our best to ensure that this does not happen, on very rare
occasions, flowers arrive at their destination damaged. If the recipient receives
damaged flowers, please contact us immediately so that we can arrange one of the
following:
10.2.1.1. a re-send on the next available delivery date, or
10.2.1.2. a full refund.
10.3. Some plant products by be poisonous or toxic to children and/ or pets if ingested.
Please ensure you check plant variety before exposing to children and/ or pets.


11. Cancellation/Amendments
If, for any reason, you wish to vary, amend or cancel your order you can do so by calling 012 348
5037 in the Pretoria area or 011 704 2312 in the Johannesburg area. Please give 48 hours’ notice
before the requested delivery date.


12. Disclaimer
Whilst we agree to use all reasonable endeavours to ensure that Marvellous Orchid Website is
fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for
any defects and/or interruption of the Marvellous Orchid Website and shall be released from our
obligations under these Terms and Conditions in the event of any cause beyond our reasonable
control which renders the provision of the Marvellous Orchid Website impossible or impractical.