TERMS AND CONDITIONS FOR BLOOMS AND BALLOONS
Last updated: 04 March 2026
1. INTRODUCTION AND ACCEPTANCE OF TERMS
Welcome to Blooms and Balloons (www.bloomsandballoons.co.za). These Terms and Conditions govern your use of our website and the purchase of any products from us.
By accessing and using this website, you agree to be bound by these terms and conditions. If you do not wish to be bound by these terms and conditions, then you may not access, display, use, download, or otherwise copy or distribute any of the content of this website.
These terms and conditions are enforceable against all persons that access the website. Your use of the website shall be considered and deemed an acceptance of these terms and conditions.
2. COMPANY AND LEGAL INFORMATION
This website is operated by Blooms and Balloons.
Company Name: Blooms And Balloons
Physical Address: 19 Lucille St, Risiville, Meyerton, 1929, Gauteng
Email Address: admin@bloomsandballoons.co.za
Phone Number: +27 82 293 0432
Website: www.bloomsandballoons.co.za
3. DEFINITIONS
In these Terms and Conditions, unless the context indicates otherwise:
“ECTA” refers to the Electronic Communications and Transactions Act 25 of 2002, as amended
“CPA” refers to the Consumer Protection Act 68 of 2008, as amended
“POPIA” refers to the Protection of Personal Information Act 4 of 2013, as amended
“Website” means the Blooms and Balloons website located at www.bloomsandballoons.co.za
“User” / “You” refers to any person who uses the website
“We” / “Us” / “Our” refers to Blooms and Balloons
“Products” refers to the flowers, balloons, and related goods offered for sale on our website.
4. AGREEMENT TO TERMS
By using this website, you agree to these Terms and Conditions. If you do not agree, you must not use the site.
These terms and conditions may be updated from time to time without prior notice. Any material and significant updates shall be communicated to you. Thereafter, your continued use of the website shall be regarded as acceptance of the updated Terms And Conditions.
5. YOUR USE OF THE WEBSITE
You agree that your use of this website is for lawful purposes only. You agree that you will not use this website for any unlawful purpose, including but not limited to the commission of a criminal offence, to gain unauthorized access to other computer systems, or for the transmission of unlawful material.
You are specifically restricted from all of the following: publishing any website material in any other media, selling, sublicensing, and/or otherwise commercializing any website material, using this website in any way that is or may be damaging to this website, using this website in any way that impacts user access to this website, using this website contrary to applicable laws and regulations, engaging in any data mining, data harvesting, data extracting, or any other similar activity, or using the website to engage in any advertising or marketing without our prior written consent.
6. PRODUCTS AND SERVICES
We take all reasonable care to ensure that all details, descriptions, and prices of products appearing on the website are correct. However, we do not warrant that the information on the website is always current or accurate.
6.1 Product Descriptions
We make every effort to display our flowers and balloons as accurately as possible. Due to the nature of fresh flowers, colours and arrangements may vary slightly from the images shown. Seasonal availability may require substitutions of flowers with those of equal or greater value.
6.2 Availability
All products are subject to availability. We reserve the right to refuse orders where product information has been mis-published, including prices and promotions.
7. PRICING AND PAYMENT
7.1 Pricing
All prices are displayed in South African Rand (ZAR). Prices are inclusive of Value-Added Tax (VAT) where applicable. We reserve the right to change prices at any time without prior notice.
7.2 Payment
Full payment is required before any order is processed or dispatched. We accept payment via credit card, debit card, EFT, and instant EFT. All online card payments are processed through secure, PCI-DSS compliant payment gateways. We do not store any of your sensitive card details on our servers. All transactions are subject to 3D Secure authentication as required by South African banks.
8. ORDER PROCESS AND AGREEMENT OF SALE
8.1 Order Placement
When you place an order, you will receive an acknowledgement email confirming receipt. This acknowledgement does not constitute acceptance of your order.
8.2 Acceptance of Order
Your order constitutes an offer to us to buy a product. We will accept your order by processing and dispatching it. A legally binding agreement between you and us comes into existence only when we dispatch the products.
8.3 Right to Refuse Orders
We reserve the right to refuse or cancel any order for any reason, including product unavailability, errors in product or pricing information, or suspected fraud or unauthorized transaction.
9. COOLING-OFF PERIOD (CANCELLATION RIGHTS)
Under section 44 of ECTA, you have the right to cancel your online purchase within 7 days of receiving the goods, without reason or penalty.
9.1 Conditions for Cooling-Off Cancellation
You must notify us in writing within 7 days of delivery. You are responsible for the cost of returning the goods to us. Goods must be returned in their original packaging and in good condition.
9.2 Exceptions to Cooling-Off Rights
The cooling-off right does not apply to the following transactions: perishable goods (fresh flowers) – flowers are food/consumable items, custom-made or personalised goods (custom balloon arrangements with personalized text), and goods that have been unsealed or used after delivery.
9.3 Refund After Cancellation
If you validly cancel under the cooling-off provision, we will refund all payments made. Refunds will be processed within 15 business days of receiving the returned goods.
10. DELIVERY AND SHIPPING
We deliver to addresses within the Vaal Triangle, Gauteng, South Africa. Delivery times are estimates and not guaranteed. Risk of loss or damage to products passes to you upon delivery. Please ensure someone is available at the delivery address to accept the order, as perishable items cannot be held for redelivery.
For full details, please refer to our separate Shipping Policy which forms part of these Terms and Conditions.
11. RETURNS AND REFUNDS
11.1 Defective Goods
Under section 56 read with section 55 of the CPA, you have the right to receive goods which are of good quality and are reasonably suited for the purpose for which they are intended.
If you find that goods purchased are defective, you have the right, at your discretion, to request a replacement, repair, or refund. This right applies within 6 months from the date of delivery. We will cover all reasonable return costs for defective goods.
11.2 Goods That Do Not Match Description
If the product received does not match the description on our website, you may return the goods within a reasonable time after discovery. You may choose a refund, replacement, or repair. We will cover all reasonable return costs.
11.3 Refund Processing
Refunds will be processed within 15 business days of our approval or receipt of returned goods. Refunds will be issued via the original payment method.
For detailed information, please refer to our separate Returns and Refunds Policy which forms part of these Terms and Conditions.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 Ownership
All content included on this website, such as text, graphics, logos, images, and software, is the property of Blooms and Balloons or its content suppliers and is protected by South African and international copyright laws.
12.2 Limited License
We grant you a non-exclusive, non-transferable, limited, and revocable right to access, display, use, download, and otherwise copy the content of this website for your personal, non-commercial, and informational purposes only.
12.3 Restrictions
You may not reproduce, copy, distribute, or use any material on the website for commercial gain without our express written consent. You may not remove any copyright or other proprietary notices from the content. You may not republish, sell, rent, or sub-license material from the website.
13. TRADEMARKS
All trademarks, service marks, and trade names appearing on the website are the property of Blooms and Balloons or their respective owners. You may not use any trademarks without our prior written permission.
14. USER CONTENT
If you post content on our website (e.g., comments, reviews), you grant us a non-exclusive license to use, reproduce, and edit any such content.
You agree not to transmit any material that is unlawful or harmful, defamatory, abusive, threatening, vulgar, or obscene, or infringing the intellectual property rights of any third person.
You remain liable to any third party for your comments, and we are not liable to any third party regarding the content of your comments.
15. THIRD-PARTY LINKS
This website may provide links to other websites. The fact that we have such links must not be construed as constituting any relationship or endorsement of the linked third party.
We are not responsible for third-party websites linked to from our site. Use of those sites is at your own risk. No endorsement of products, services, or firms is intended, nor is criticism implied of those not mentioned.
16. PRIVACY AND DATA PROTECTION
We respect your privacy and are committed to protecting your personal information in accordance with POPIA.
16.1 Information We Collect
We may collect personal information including, without limitation, your name, contact details, and delivery address, order history and preferences, and payment information (processed securely by third parties).
16.2 How We Use Your Information
We collect personal information to process and deliver your orders, communicate with you about your orders, improve our website and services, and send marketing communications only with your consent.
16.3 Your Rights
Under POPIA, you have the right to access and rectify your personal information, object to the processing of your personal information, and lodge a complaint with the Information Regulator.
For full details, please refer to our separate Privacy Policy and Cookie Policy, which form part of these Terms and Conditions.
17. DISCLAIMER AND WARRANTIES
17.1 “As Is” Basis
This website and all content on the website is provided on an “as is” and “as available” basis.
17.2 No Warranties
We make no representations or warranties of any kind, whether express or implied, regarding the accuracy or completeness of the contents on the website, the operation of the website being uninterrupted or error-free, or the website or server being free from viruses or other harmful components.
17.3 Reliance on Information
You should not assume that the information on the website is always current or accurate, and other sources should be consulted before making any decision to act on the information displayed.
18. LIMITATION OF LIABILITY
18.1 General Limitation
To the fullest extent permitted by law, we shall not be liable for any loss or damage, whether direct, indirect, or consequential, or any expense of any nature whatsoever, which may be suffered by you, which arises directly or indirectly upon reliance of the website and/or its content.
18.2 Specific Limitations
We shall not be held liable for any damages arising from the use or inability to access or use the website, any damages arising from any content from any third party, or any action or decision taken pursuant to the use of the website.
18.3 Liability Cap
To the fullest extent permitted by law, our liability is limited to the amount paid by you for the products purchased in the relevant transaction.
19. INDEMNITY
You agree to indemnify Blooms and Balloons, its owners, directors, employees, officials, agents, suppliers, and representatives and keep them fully indemnified, from and against any loss or damage suffered or liability incurred in respect of any third party, which arises from your use of this website or your breach of these Terms and Conditions.
20. PRODUCT LIABILITY
Under section 61 of the CPA, we may be held liable if you suffer harm as a result of the goods being unsafe, having a product failure, being defective, or hazardous.
This does not affect your rights under the CPA as set out in Section 11 of these Terms and Conditions.
21. GOVERNING LAW AND JURISDICTION
21.1 Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa.
21.2 Jurisdiction
You consent to the non-exclusive jurisdiction of the courts of South Africa in the event of any dispute.
21.3 Protection of Rights
Section 48 of ECTA explicitly states that any provision which excludes the rights provided for in Chapter 7 of ECTA is null and void. This is a safeguard against suppliers who may attempt to contract out of the law to the consumer’s detriment.
22. DISPUTE RESOLUTION
22.1 Informal Resolution
If any dispute arises between you and us, we encourage you to contact us first to seek a resolution.
22.2 Consumer Complaints
You have the right to complain to the Consumer Affairs Committee or the Information Regulator (for POPIA-related complaints).
22.3 Legal Proceedings
Any legal dispute must be brought in a competent court in South Africa.
23. SEVERABILITY
If any provision of these Terms and Conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. Such provisions shall be deleted without affecting the remaining provisions.
24. ENTIRE AGREEMENT
These Terms and Conditions, together with our Privacy Policy, Cookie Policy, Shipping Policy, and Returns and Refunds Policy, constitute the entire agreement between you and Blooms and Balloons regarding your use of the website and purchase of products.
25. FORCE MAJEURE
We shall not be liable for any failure to perform our obligations under these Terms and Conditions if such failure is caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, strikes, or government restrictions.
26. WAIVER
No failure or delay by us to exercise any right or remedy under these Terms and Conditions shall be construed as a waiver thereof.
27. CONTACT INFORMATION
If you have any questions regarding these Terms and Conditions, please contact us at:
General Inquiries: admin@bloomsandballoons.co.za
Orders & Support: orders@bloomsandballoons.co.za
Privacy Matters: admin@bloomsandballoons.co.za
Phone: +27 82 293 0432
Physical Address: 19 Lucille St, Risiville, Meyerton, 1929, Gauteng