SILKBLUME
TERMS AND CONDITIONS (“T&Cs”)
- DEFINITIONS AND INTERPRETATION
In this Agreement, unless clearly inconsistent with or otherwise indicated by the context:
- any reference to the singular includes the plural and vice versa, any reference to natural persons includes legal persons (corporate or unincorporated) and vice versa and any reference to a gender includes the other gender;
- headings and the use of bold typeface are to be ignored;
- a reference to a recital, clause, sub-clause, paragraph, sub-paragraph, schedule or appendix is, unless indicated to the contrary, a reference to a recital, clause, sub-clause, paragraph, sub-paragraph of this Agreement;
- where any term is defined within the context of any particular clause or sub-clause, the term so defined shall, unless it appears clearly from such clause or sub-clause that such term has limited application to the relevant clause or sub-clause only, bear the meaning ascribed to it for all purposes in terms of this Agreement;
- in the interpretation of this Agreement, the contra proferentum rule of interpretation shall not apply (this Agreement being the product of negotiations between the Parties), nor shall this Agreement be construed in favour of or against any Party by reason of the extent to which any Party or its professional advisors participated in the preparation of this Agreement;
- the use of the words “include”, “including”, and “in particular” in this Agreement followed by a specific example or examples shall not be construed or interpreted as limiting the meaning of the general wording preceding it, and the eiusdem generis rule shall not be applied in the interpretation of such general wording and/or such specific example or examples and the words “other” or “otherwise” shall not be construed eiusdem generis with any preceding words where a wider construction is possible;
- “Agreement” means these T&Cs (including the privacy policy below) together with all amendments attached to it from time to time;
- “Customer(s)” means any natural person, juristic person including, without limitation, a company or firm entering into an agreement with SilkBlume;
- “Product(s)” means artificial floral arrangements and/or plants being the goods supplied by SilkBlume to Customers in its ordinary course of business;
- “Subscription” means Products supplied to Customer(s) in exchange for the Customer(s) paying a fixed monthly amount to SilkBlume, but where the ownership of the Product remains that of SilkBlume as more fully set out in 3 below;
- “User” means a natural or a juristic person who utilises the Website and includes prospective Customers or actual Customers of SilkBlume;
- “Website” means the website hosted on the domain www.silkblume.co.za and any subdomains thereof.
- THE PRODUCT(S)
In respect of all Products except for Subscriptions:
- All products are described and depicted as accurately as possible. However, please note that slight variations in colour, size, or design may occur due to differences in screen displays and the handmade nature of some items.
- Orders are confirmed upon receipt of successful payment. Full payment is required before dispatch and/or delivery of Products. While SilkBlume provides estimated delivery times, please be aware that delays may occur that are beyond SilkBlume’s control and that SilkBlume is not liable for any such delays.
- SilkBlume is not responsible for any loss or damage caused by courier services. Returns for defective or incorrect items or Products are accepted within 5 (five) days of delivery, provided that defects are reported within 24 (twenty-four) hours of delivery. Items must be returned unused and in their original packaging. Refunds will be processed after inspection and are at SilkBlume’s sole discretion; return shipping costs are excluded from the refund.
- Please note that customised items and Products are strictly non-refundable, except in the case of defective items or Products as outlined in 2.3 above.
- Customers are encouraged to follow SilkBlume’s recommended care and maintenance instructions to keep their arrangements looking fresh. All Products come with a 6 (six) month warranty against manufacturing defects, excluding wear and tear or misuse.
- SUBSCRIPTIONS
- Subscription fees are billed, due and payable monthly. All subscriptions must be paid within 7 (seven) days of receiving the monthly invoice or by the last day of each month, whichever occurs first.
- Customers may cancel their subscriptions with 30 (thirty) days written notice. Subscription fees for cancellations made within the first 3 (three) months are non-refundable.
- Subscription orders are confirmed upon successful payment, as is a Customer’s subscription.
- Products (e.g., Floral arrangements) will be collected and replaced each month (i.e., “swapped-out” or referred to as “swap-out”). The monthly delivery and collection service is included in the subscription fee. While estimated delivery times are provided, delays may occur due to circumstances beyond SilkBlume’s control, and SilkBlume is not liable for any such delays.
- All Products remain the property of SilkBlume. Upon delivery, the customer assumes full responsibility for any risks associated with each arrangement, including the vase, flowers, and decorative items.
- Any damage beyond reasonable wear and tear will incur a repair or replacement fee (the “damage fee”). If an arrangement, vase, flowers, or decorative item is damaged, lost, or not returned during the monthly swap-out, a repair or replacement fee will be charged (“damage fee”). A damage fee will be based on the replacement value of the affected arrangement or item(s), starting from R500, and will vary depending on the extent of the damage or loss. All repair or replacement fees are payable upon request.
- SEVERABILITY
If any part of this Agreement is void, illegal, unenforceable, or in conflict with any law of the state or local Government over this Agreement, the validity of the remaining portions or provisions shall not be affected thereby. - FORCE MAJEURE
Should either party fail to fulfil its obligations in terms of this Agreement as a result of:- any act of God, war, strike, lockout or other labour dispute, fire, terrorism, urban terror, flood or legislation; or
- any other cause beyond the reasonable control of the party concerned, then notwithstanding anything to the contrary contained or implied in this Agreement, the other party shall not be entitled to terminate this Agreement prematurely, nor shall it have any claim for damages in whatsoever nature against the party concerned.
- INDEMNITY
- To the fullest extent permitted by law, SilkBlume, its directors, employees, and agents shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, loss of data, or business interruption, arising out of or in connection with the use or inability to use the Products or Services, whether based on contract, delict (including negligence), strict liability, or otherwise, even if SilkBlume has been advised of the possibility of such damages.
- The Customer agrees to indemnify and hold harmless SilkBlume from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to (a) the Customer’s use or misuse of the Products; (b) any breach of these terms; or (c) any violation of applicable law or third-party rights by the Customer.
- JURISDICTION
- The validity of this Agreement, its interpretation, the respective rights and obligations of the Parties and all other matters arising in any way out of it or its expiration or earlier termination for any reason shall be determined in accordance with the laws of the Republic of South Africa.
- Subject to the provision of this Agreement, the Parties hereby consent and submit to the jurisdiction of the Magistrate’s Court, in any dispute arising from or in connection with this Agreement.
- INTELLECTUAL PROPERTY
- All content, designs, trademarks, trade names, logos, graphics, text, product names, packaging, and branding associated with SilkBlume (collectively, the “Intellectual Property”) are and shall remain the exclusive property of SilkBlume.
- No part of the Intellectual Property may be copied, reproduced, distributed, modified, displayed, transmitted, or otherwise used in any form or by any means without SilkBlume’s prior written consent. Nothing in these terms shall be construed as granting any license or right to use any of SilkBlume’s Intellectual Property without such consent.
- ENTIRE AGREEMENT
- This agreement constitutes the entire agreement between the Parties.
- No Party shall have any claim or right of action arising from any undertaking, representation or warranty not included in this agreement.
- No contract varying, adding to, deleting from or cancelling this agreement, and no waiver of any right under this agreement, will be effective unless reduced to writing and signed by or on behalf of the Parties.
The customer fully and unconditionally accepts these T&Cs (including the privacy policy below) upon making payment to SilkBlume or clicking on “accept,” whichever occurs first.
PRIVACY POLICY
- In terms of Section 11 of the Electronic Communications and Transactions Act 25 of 2002, as amended (“ECTA”), these Terms and Conditions which includes the below Privacy Policy (“T&Cs”) are binding and enforceable against all persons that access SilkBlume Website or any part thereof.
- SilkBlume may occasionally update its Privacy Policy. Users are advised to review it regularly for any changes. Changes to the Privacy Policy take effect once they are posted.
- If you do not agree with the T&Cs, do not accept and do not click the accept box. Leave immediately and terminate the use of the Website. Any delay in leaving and terminating the use of the Website shall be regarded as the User’s full and unconditional understanding and acceptance of these T&Cs.
- SilkBlume respects users’ privacy and will take reasonable measures to protect their personal information, which is more fully detailed below.
- When contacting SilkBlume through its website, users are required to provide it with personal information.
- Should the User’s personal information change, the User shall inform SilkBlume and provide it with updates to his/her/its personal information as soon as reasonably possible to enable SilkBlume to update such personal information.
- The User may choose to provide additional personal information to SilkBlume. In this event, the User agrees to provide accurate and current information and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent their affiliation with anyone or anything.
- PURPOSE AND MANNER OF PERSONAL DATA COLLECTION AND USE
SilkBlume collects and processes personal data in accordance with the provisions of the European Union General Data Protection Regulation (“GDPR”) and Protection of Personal Information Act, No 4 of 2013 (“POPIA”), as amended and other regulations in force in the Republic of South Africa.
- PRIVACY STATEMENT IN TERMS OF THE GDPR AND POPIA
- The following data will be collected:
- The User’s Name and Surname, Contact Number, Business or Company Name and Registration Number (as applicable), VAT Number, Email Address, Physical address, IP address, non-personal browsing habits, and click patterns.
- As and when necessary, SilkBlume may electronically collect (by using other means than its Website), store, disclose, and/or use the personal information.
- Information collected from Users is required to market SilkBlume’s offering to Users, supply goods or render services to Customers as may be agreed from time to time or to account to Customers or to use the Website’s functionality, and it shall not be used for any other purpose without the User’s prior consent.
- All information collected is kept strictly confidential, and all reasonable steps are taken to ensure that information is secured in storage until ultimate destruction. It will not be shared with any third party without the prior written consent of the User.
- SilkBlume shall take all reasonable steps to protect the personal information of Users and is committed to respecting the privacy of the User’s personal information. For these T&Cs, “personal information” shall be defined as detailed in the POPIA. As and when necessary, SilkBlume may electronically collect, store, disclose and/or use the User’s personal information.
- SilkBlume will ensure that all its employees and third-party service providers (including their employees and third-party service providers) who have access to the User’s personal information are bound by appropriate and legally binding confidentiality obligations in relation to the User’s personal information and that such confidentiality meets any applicable law, regulation, legal process, or enforceable governmental request.
- The User’s personal data will be hosted and stored in countries that might not have the European Union’s adequacy decision; other third-party contractors may have access to the User’s data only for the purpose specified herein, and the access of such third parties is strictly controlled.
- Whenever SilkBlume is sending data to countries that are not providing the same level of protection as the EU’s GDPR, SilkBlume will use appropriate safeguards to protect the User’s data, including but not limited to Standard Contractual Clauses for Processors.
- SilkBlume collects stores and uses the abovementioned information in order to:
- Communicate requested information and marketing materials to Users;
- Respond to queries, responses or complaints submitted by users;
- Process orders or applications for SilkBlume Products and/or services;
- Create Products or services that may meet the future requirements of Users;
- Provide Users with access to restricted pages on the Website and
- Compile non-personal statistical information about browsing habits, click patterns and access to the Website.
- Personal information detailed above is collected and/or stored either electronically using “cookies” or is provided voluntarily with the User’s knowledge and consent. The User can determine any use of cookies through your browser settings, but note that turning off cookies may cause certain features of the online services or Website to be unavailable to the User.
- SilkBlume may further collect non-personal information, for example, the User’s IP address, the date and time of their visits to the Website, and browser history, to recognise the User during any subsequent visits to the Website and/or use of the online services. SilkBlume may further use this non-personal information to develop future products and/or services to meet the User’s requirements and needs.
- SilkBlume owns and retains all rights to the non-personal statistical information collected and compiled by SilkBlume.
- SilkBlume will not share the User’s personal information outside of SilkBlume except in the following cases:
- With prior consent;
- With its employees and/or third-party service providers who assist with the Website;
- When processing of information is necessary for the performance of a contract with the User ;
- When SilkBlume has a legal obligation to share the information;
- When the information is necessary in order to protect the vital interests of the User or another person;
- When the information is required for the performance of a task carried out in the public interest or the exercise of official authority vested;
- When the information is necessary for the legitimate interests pursued by SilkBlume or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the User, which require protection of personal data.
- It is not allowed (hereinafter “Prohibited Practices”) to:
- use the Website in a manner which may cause damage to SilkBlume, other Users or any third party;
- undermine the security or integrity of any of SilkBlume ’s computing systems or networks;
- use the Website in any way to impair functionality or interfere with other Users;
- access the Website or Website without permission;
- make use of SilkBlume ’s systems to commit fraud;
- act in a manner that is disrespectful or abusive to SilkBlume systems and staff;
- publish, upload, exchange or transmit Prohibited Content;
- publish, upload, exchange or transmit any content that the User knows to be false or untrue, or has justifiable reasons to believe it to be false or untrue, and whose use may cause damage to SilkBlume, other Users or third parties;
- for any User misrepresenting him/her/itself for the purpose of deceiving SilkBlume, the Users or third parties;
- publish, upload, exchange or transmit to SilkBlume, other Users or third parties any unwanted notices or other content of commercial or malicious nature without prior request or consent, mainly including notices and other content of the same or similar nature;
- purposeful publishing, uploading, exchange or transmission of any content containing computer viruses, worms, and programs that may obstruct or hinder the regular operation of the Website, cause damage or destruction of any computer program, or any computer and other equipment owned by SilkBlume other Users or third parties;
- collect, process or use personal data of the Users or third parties in an unauthorised manner;
- engage in overt or covert advertising (verbal or graphic representation of Products, personal names, names of companies, names, trademarks (registered or unregistered trademarks and service marks), businesses, etc.) in an unauthorised manner.
- The following data will be collected:
- COLLECTION AND PROCESSING OF PERSONAL DATA BY OTHER USERS OR THIRD PARTIES
The Website contains content and may contain Links to third-party Websites, through which other Users or third parties may gain authorised or unauthorised access to the User’s personal data. These T&Cs do not apply to the collection, processing or use of personal data that the User has communicated to other Users and/or third parties. It is in the User’s best interest to acquaint themselves with the rules of personal data protection and the protection of privacy applied by other Users and/or third parties.
- MODIFICATION AND DELETION OF PERSONAL DATA
The User is legally entitled to request modification or deletion of their personal data or deletion from the User database at any time. Modification or deletion of data shall be effected on the basis of an appropriate notice addressed to SilkBlume.
- DISCLOSURES REQUIRED BY SECTION 43 OF THE ECTA
Access to the services, content, software and downloads available from the Website may be classified as “electronic transactions” as defined in terms of ECTA, and you, therefore, may have the rights detailed in ECTA. Accordingly, the following information is provided:
- The full name and legal status of the Online Product owner: Silkblume (Pty) Ltd Registration Number: 2017/088242/07
- Main business: Florist
- The Website address is: www.silkblume.co.za
- The official e-mail address of the Website is michelle@silkblume.com
- Access to and use of the Website is provided free of charge and paid for;
- Users may lodge complaints concerning the Website: michelle@silkblume.com
- COOKIES
- We reserve the right to use cookies.
- A cookie is a group of data that serves as the User’s anonymous individual identifier and is sent by its browser Website. Cookies are sent when the User accesses the Website. They are stored on the User’s computer and serve to record information about the User’s subsequent online visits. Therefore, after a cookie has been stored on the User’s computer, every time the User returns to the Website, the User shall look for the cookie in order to read the stored data.
- A cookie is an anonymous individual identifier; it does not contain or send any personal information to the Website that is stored on a User’s computer but only enables faster and more efficient activation of information, data and settings previously communicated during access and use of the Website.
- The User can modify or disable cookies through the Options or Settings of their browser, which allows the User to select an appropriate option for receiving cookies or even to disable them entirely. However, completely disabling cookies will reduce the efficiency of some content available on some websites.

