Terms of Use

Last Updated: February, 2021

Welcome to Cosmafolia (Pty) Ltd (herein referred to as “Cosmafolia”) and our Terms of Use (these “Terms”). These Terms are important and affect your legal rights, so please read them carefully.

By accessing or using the websites, mobile applications or blogs (collectively, the “Sites”) provided by Cosmafolia that link to these Terms, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Sites or order, receive or use the Flowerbox flowers or other products made available through the Sites (collectively, the “Products”).

These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Sites on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.

Cosmafolia reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Sites or order, receive or use Products, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference.

We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Sites or order, receive or use the Products.

1. Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

1. Eligibility

• The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, you represent and warrant that you:
• are 18 years of age or older;
• are a legal resident of South Africa;
• have not been previously suspended or removed from the Sites or engaged in any activity that could result in suspension or removal from the Sites;
• do not have more than one COSMAFOLIA account; and
• have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

3. Registration, Account and Communication Preferences

In order to access and use certain areas or features of the Sites, you will need to register for a COSMAFOLIA account. By creating an account, you agree to:

• provide accurate, current and complete account information;
• maintain and promptly update, as necessary, your account information;
• maintain the security of your account credentials;
• be responsible for the acts or omissions of any third party who has authority to access or use the Sites on your behalf; and
• immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.

By creating a COSMAFOLIA account, you also consent to receive electronic communications from COSMAFOLIA (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

4. Terms of Sale

Flowerbox Subscriptions; Continuous Subscriptions; Cancellation Policy

Flowerbox Subscriptions:

We offer different subscription plans for our Flowerbox flowers (each, a “Flowerbox Subscription”). For more information about our Flowerbox Subscriptions, please visit the “Menu” page on our website. Note that we do not currently deliver Flowerboxes to every location, please visit our “FAQ” page to see if we deliver to your area.

Continuous Subscriptions:

WHEN YOU REGISTER FOR A FLOWERBOX SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) COSMAFOLIA (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A WEEKLY BASIS FOR YOUR FLOWERBOX SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR FLOWERBOX SUBSCRIPTION CONTINUES, AND (B) YOUR FLOWERBOX SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOU MAY SKIP YOUR WEEKLY FLOWERBOX ORDER AS OFTEN AS YOU’D LIKE BY MANAGING YOUR DELIVERY SCHEDULE ON YOUR DELIVERY SCHEDULE PAGE.

Cancellation Policy:

YOU MAY PAUSE YOUR FLOWERBOX SUBSCRIPTION AT ANY TIME BY CLICKING ON THE “YOUR BOX” PAGE AND SELECTING “PAUSE YOUR SUBSCRIPTION”

In the event you pause your Flowerbox Subscription, please note that we may still send you promotional communications about COSMAFOLIA, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

Free Trials

From time to time, to the extent legally permitted, we may offer free trials of certain subscriptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration.

ONCE YOUR FREE TRIAL ENDS, WE (OR OUR THIRD PARTY PAYMENT PROCESSOR) WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR FREE TRIAL. INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION ARE DESCRIBED IN SECTION 4.1 ABOVE. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL HAS ENDED THAT THE PAID PORTION OF YOUR SUBSCRIPTION HAS BEGUN. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE FREE TRIALS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION.

Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your COSMAFOLIA account, you can do so at any time by logging into your account and editing your payment information.

You acknowledge that the amount billed may vary due to promotional offers, changes to your Flowerbox Subscription or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.

Pricing and Availability

All prices are shown in rand and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your Flower Box Subscription, we will provide advance notice of such changes in accordance with Section [ x ]. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of Flowerbox ingredients, as applicable, to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policies set forth in Section 4.1 as applicable.

All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific Flowerbox flowers or entire Flowerboxes) without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at info@Cosmafolia.co.za, as applicable.

Shipping and Handling

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third party courier. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third party courier.

Returns and Refunds

Due to the nature of our product being fresh flowers, we need you to report lasting issues within 48 hours. 

Once processed, all refunds will take up to three to five working days to reflect into the account the original payment was made. Refunds can only be made to the accounts holder. 

All Flowerbox are delivered as surprise boxes. We do not stipulate what the product looks like, or what flowers are delivered, other that these are seasonal, local and that the Flowerbox is full.