Terms & Conditions
Yes! exclusive flowers Terms & Conditions
Yes! exclusive flowers are completely dedicated to the Buyer’s total satisfaction. We thank you for your business and accepting or Terms and Conditions of trade.
Terms of Contract
These terms of contract between Yes! exclusive flowers and the Buyer of Goods or a Buyer signing this agreement shall apply to all orders for flowers, plants, and other perishable horticulture products accepted by Yes! exclusive flowers from the Buyer. In the case of any interpretation, conflict, or dispute these terms and conditions shall prevail and take precedent over any document or oral message or communication from the Buyer. Where Yes! exclusive flowers fails to enforce any term of condition under this contract Yes! exclusive flowers will not be deemed to have waived these rights with respect to any term or condition or right and any single or partial exercise of those rights will not prevent any further exercise of any such rights.
All products as shown on this website (as may be varied from time to time) are available in South Africa. Certain product ranges are available in selected delivery areas only and such information is given separately. Delivery of products outside of South Africa is available on special request. Some flower and plant products may be harmful or poisonous (lilies in particular can be extremely toxic to cats), if you require further information before submitting an order please contact us.
All products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute with a product of equivalent value and quality, if the same is unavailable after order confirmation notification. In the event that we are unable to supply all (the product or any substitute product to you at all), we shall notify you as soon as possible and will confirm what is available in your final order confirmation/invoice, after which you make payment.
Deliveries and Risk
INSIDE South Africa:
Yes! exclusive flowers will deliver to Johannesburg airport (FOB Johannesburg or in case of the goods being in a different location within South Africa FOB from that pickup location specified) and will liaise and facilitate that the Goods will be shipped to the airport of choice of the Buyer. The Buyer has to open an account with a local carrier ( eg www.tsucargo.com) to make sure that the Goods are delivered to the final destination and a picked up by the Buyer against the Airway Bill number. The Buyer is billed directly for the domestic transport by the local carrier (this is part of the contract by placing an order at Yes! exclusive flowers). Yes! exclusive flowers is not responsible for the transport process of any local carrier, but will make sure to assist and coordinate the transportation to the final destination in the most efficient way possible. Yes! exclusive flowers is not available at the collection site and is not uplifting the Goods of the Buyer or executing the delivery of the Goods on behalf of the courier. The Buyer shall constitute pick up. If the Buyer fails to take delivery of the Goods within the same day that the Goods have been ordered by the Buyer the carrier has the right to charge the Buyer for costs of storage or transport to the Buyers premises or both and if the Goods have perished or deteriorated between the time of requested delivery and the time of pick up Yes! exclusive flowers cannot be held responsible.
The Buyer is furthermore responsible to inform the carrier that the flowers shall be stored in a cooled room at any time before pick up and he shall make sure to pick up all good goods (boxes) which the dedicated airway bill contains. Risk in the Goods shall pass to the Buyer upon pick up before the Buyer uplifts the Goods or its transportation from Johannesburg airport by the Buyer or carrier. If the Goods may be in the care of a courier on behalf of the Buyer, Yes! exclusive flowers will not be responsible for any loss or damage or deterioration to the Buyer's Goods or for any part of the Goods that may be missing arising in any way from delays in delivery. The Buyer must ensure pickup of the goods from the airport. We shall not be liable for any failure to perform in our obligations where such failure is as a result of Acts of Creator (including fire, flood, earthquake, storm, hurricane or other natural disaster).
OUTSIDE South Africa:
Unless otherwise specified the products on this website are directed for delivery within South Africa. However, our products referred on this website are also appropriate for any uses or available in location outside South Africa. If the Buyer chooses to access this website from locations outside South Africa, s/he is responsible for compliance with local laws and import permits to the extent local laws apply. Yes! exclusive flowers is not liable for any delayed delivery or non-delivery any items with or without any reason. In no event shall Yes! exclusive flowers be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever. Delivery time guarantee will be suspended during extreme weather such as typhoon, heavy rain etc. or other reasons not caused by Yes! exclusive flowers (like computer breakdown at airport). Incomplete shipping address might cause delay delivery! The Buyer must ensure pickup of the goods from the airport. We shall not be liable for any failure to perform in our obligations where such failure is as a result of Acts of Creator (including fire, flood, earthquake, storm, hurricane or other natural disaster).
Warranty and Guarantees
Yes! exclusive flowers warrants that it will supply the Goods as the description defined in the grading method and the Buyer agrees that the Buyer will be solely responsible for the fitness of the Goods and for merchandisable quality for the purposes intended by the Buyer and the Buyer further agrees that it will not hold Yes! exclusive flowers liable in any manner for any mistake or negligence by the Buyer in this regard.
If a Buyer finds anything wrong with the quality of the product, we will verify it. In case, we find the same, the product will be replaced or the Buyer will be entitled a full reimbursement. Mail us at firstname.lastname@example.org with your details like order number, delivery date and provided to adhere to the below instruction. Only emails including images of the respective failure and detailed description (no whats app or other media) are accepted. Compensation will be given after discussing with the Company Management.
(a) the Buyer notifies the Company
within 24 hours of purchasing the Goods that the Goods are damaged or
(b) Yes! exclusive flowers is given reasonable opportunity to investigate the claim; and
(c) the Buyer returns the Goods to Yes! exclusive flowers within 24 hours if the Company so requests.
Yes! exclusive flowers shall not be liable for any loss of profits or any consequential, indirect or special loss, damage or injury of any kind whatsoever suffered by the Purchaser or any other person arising directly or indirectly from any breach of any of the Company's obligations arising under or in connection with the contract including delays in the delivery of Goods or from any suspension or cancellation of the contract or from negligence, misrepresentation or other act or omission on the part of the Company, its servants, agents or contractors.
Yes! exclusive flowers shall not be liable for any breach or failure to perform any of its obligations under this contract / terms and conditions where such breach or failure is caused by war, bad weather, adverse environmental conditions, civil commotion, hostilities, strike or lock, act of God, fire, governmental regulations or directions, or reasons force majeure caused by circumstances beyond the Company's reasonable control. The occurrence of such an event shall not give the Buyer a right of cancellation of any contract.
The utmost care and attention is given to your order to ensure your delivery perfectly. In dealing with highly perishable products, if in case anything goes wrong, you bring up a concern or complaint, we will always listen and resolve the issue as quick as possible.
We regret that you may not cancel an order once your order is shipped. In case the Buyers find anything wrong with the product, they can certainly complain for it. Our customer service staff will look into the matter and provide the appropriate solution to resolve the issue. Buyers can cancel the order 24 hours after placing the order, except if the delivery date falls within this 24 hours period then no cancellation is possible.
In the event of cancelling the order after 24 hours of placing it, the Buyer will be liable to pay the Company for all costs and expenses incurred by Yes! exclusive flowers in fulfilling the order to the date of cancellation; and if the Goods cannot be cancelled from the grower or re-sold by Yes! exclusive flowers or are resold by Yes! exclusive flowers at a loss, the Buyer will be held liable for the cost of the Goods in total or any such loss
By making a request for an order on this website, you agree to be bound by these terms and conditions. Our network and its subsidiaries may amend these terms and conditions from time to time and any amendment will become effective immediately. Your continued use of this website after amendment constitutes an agreement to abide by and be bound by these terms and conditions, as amended.
Yes! exclusive flowers shall publish a price list which shall also be the brokered price ruling at the time of the order or the price shall be the price accepted by the Buyer in which case the price and minimum order quantity decisions of the Buyer shall be final and binding on the Buyer. The price shall exclude Goods and Services Tax and the cost of delivery and insurance and any other industry fees or levies. If the price is stated as FOB, the goods will be delivered to the area outlined only. Any further transport is not included.
Yes! exclusive flowers accepts bank transfer or other terms as may be determined by the Company and payment is to be in full without deduction or setoff according to the terms set out in the invoice.
When the order request has been placed, you will receive a written confirmation/or invoice from Yes! exclusive flowers to confirm the order and to give payment instructions to complete the order successfully.
If payment is not made in full by due date, Yes! exclusive flowers is entitled to charge the Buyer interest on the unpaid overdue balance at the rate of 3.5% per month and cumulative per month above the current overdraft rate charged by Yes! exclusive flowers's bank on an overdraft facility calculated from the due date of payment down to the actual date of payment, and Yes! exclusive flowers may at its option suspend further sales under this contract or any other contract between the Company and the Buyer until the overdue amount and all interest due is paid in full.
If at any time Yes! exclusive flowers, acting reasonably and in its sole opinion, deems the credit of the Buyer to be unsatisfactory, it may require a deposit against future orders and/or suspend performance of its obligations under this contract or any other contract between the Yes! exclusive flowers and the Buyer until security is provided to the satisfaction of Yes! exclusive flowers and the Company may further require the Buyer to pay all costs incurred as a result of suspension and re-commencement of the supply of Goods including legal and debt collection costs.
Yes! exclusive flowers will charge, and the Buyer will pay to Yes! exclusive flowers all costs, industry levies, charges, and other fees that may apply to product purchase.
These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
The information contained in this website is for general information purposes only. The information is provided by Yes! exclusive flowers and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions [or arising out of any claim that you have breached any provision of these terms and conditions].
Through this website you may be able to link to other websites which are not under the control of Yes! exclusive flowers. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Yes! exclusive flowers takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website for any purposes related to marketing without our express written consent. Particularly pictured provided on the website are not allowed to be used without written consent and are property of Yes! exclusive flowers.
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website at our discretion.
If we provide you with a username and password to enable you to access restricted areas of our website or other content or services, you must ensure that that username and password is kept confidential.
We may disable your account in our sole discretion with notice and explanation.
Acceptance of Orders
The description given of the Goods in any estimate or written or published form or quotation will be a description by grade by the grower / supplier of the Goods.
The description of the Goods is by way of identification only to assist the Buyer and the use of such information shall not constitute an offer by the Company to the Buyer or sale by description or be binding on the Yes! exclusive flowers.
The Buyer agrees that the description of the Goods and any sample or batch sampling or other acceptance procedure nominated by Yes! exclusive flowers shall be representative of the Goods as to merchandisable quality and the Buyer further agrees not to make any claim against Yes! exclusive flowers that Goods do not meet the Buyer's requirements with regard to the completion of the order.
The Buyer shall make an offer to the Company based upon the description of the Goods and listed price and will be declared as a sale by description and binding on Yes! exclusive flowers only upon acceptance of the order by Yes! exclusive flowers. Yes! exclusive flowers may change or withdraw any description or price or any other consideration before the Yes! exclusive flowers accepts an offer from the Buyer. Acceptance by Yes! exclusive flowers shall be by a created invoice arranged by Yes! exclusive flowers.
Grounds for Termination by Yes! exclusive flowers
This Agreement may be terminated by Yes! exclusive flowers immediately on written notice to the Buyer, if an Event of Default occurs, or if default of payments due to Yes! exclusive flowers by the Buyer occurs. Event of Default shall also mean if the Buyer:
(a) Fails to comply with any warranty
conditions of the Goods issued by Yes! exclusive flowers.
(b) Shall commit any act of bankruptcy, or enter into any composition or arrangement with creditors.
(c) Where the Buyer is a Company do any act which would render it liable to be liquidated or if a resolution is passed or proceedings commenced for the liquidation of the Company or if a Receiver or administrator is appointed in respect of all or any assets of the Company.
No release from obligations. Termination or suspension of this agreement shall not relieve the Buyer of its obligations to pay all money owed by it to Yes! exclusive flowers on any account whatsoever, including interest on overdue amounts, which money shall be payable immediately if an Event of Default occurs notwithstanding that the date for payment of the money may not have arrived. Termination or suspension of this agreement shall not relieve the Buyer from liability arising from any antecedent breach of the terms of this agreement.
Immediate Steps Upon Termination. Except as specifically provided for in this clause above, upon the termination of this agreement for any reason, all rights of the Buyer granted by this agreement shall terminate and the Buyer will not be entitled to receive any credit or refund of the whole or any part of the money paid pursuant to this agreement.
Applicable Law, Dispute and Arbitration
In the event of any dispute between the Company and the Buyer arising out of this Agreement, the substantive laws of South Africa shall apply and such dispute shall be referred to an arbitrator who has experience in the perishable goods market to be agreed between the parties and upon failure to reach agreement arbitration be conducted in accordance with the South African Arbitration Act and any amendments thereof. This clause shall survive any termination or suspension of this Agreement.
The Buyer acknowledges that:
Personal information collected or held by Yes! exclusive flowers (whether contained in this document or otherwise obtained) is provided and may be held, used and disclosed for the following purposes:
whether directly or indirectly, Yes! exclusive flowers contracts and enforcing
the Company's rights thereunder;
Marketing goods and services provided by Yes! exclusive flowers;
Ascertaining at any time the Buyer's creditworthiness and obtaining at any time credit reports, character references or credit statements:
Enabling Yes! exclusive flowers to notify any credit agency of any application for credit or default on any obligation of the Buyer to Yes! exclusive flowers enabling the Company to provide such personal information to any credit agency so such credit agency can maintain effective accounting records;
Enabling Yes! exclusive flowers to communicate with the Buyer for any purpose;
Such personal information is collected by and will be held by Yes! exclusive flowers.
The Buyer has the right to obtain access to and to request correction of any personal information concerning it held by Yes! exclusive flowers.
The Buyer authorises Yes! exclusive flowers to obtain at any time from any person or entity, any information Yes! exclusive flowers may require to process and/or accept any application for credit the Buyer may make to Yes! exclusive flowers or to perform or complete any of the other purposes for which the Buyer has provided personal information to Yes! exclusive flowers. The Buyer authorises any such person to release to Yes! exclusive flowers any personal information that person holds concerning the Buyer.
For the purposes of the preceding Yes! exclusive flowers includes any financier or discounter of the Company's contract with the Buyer or any related company of Yes! exclusive flowers.
Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.