Ngong Racecourse, Ngong Road, Nairobi
0703 115 414 / 0737 316 700 info@theflowerpeople.co.ke

Terms & Conditions

Ownership

Flowerpeople.co.ke (the “Website”) is operated by The Flower Market Ltd, trading as The Flower People (hereinafter referred to as “The Flower People”).

Users of the Website and the services provided therein are bound by these terms and conditions. If you do not agree to the terms and conditions of use do not continue to use the Website. Your continued use of the Website will constitute acceptance of the terms and conditions unmodified by you.

Copyright

Copyright 2016 © The Flower Market Limited at the Ngong Racecourse, Ngong Road, Nairobi. All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site e-mail us or phone customer support on +254 (0) 20 231 6700 for assistance.

Users may download, view and print content from this site for private and non-commercial purposes only.

All moral rights of The Flower People and its employees/agents are reserved.
The Flower People cannot screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform The Flower People of any content that may be offensive or illegal.

Furthermore, users of the Website indemnify The Flower People from any and all liability arising out of the use of the Website. In this regard please note that online publication of obscene material is prohibited under Section 84D of the Kenya Communication (Amendment) Act (No. 1 of 2009) (the “Act”) and is punishable by imprisonment for a maximum term of two (2) years or a fine of Kshs. 200,000/= or both.

Intellectual Property Rights

All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to The Flower Market Ltd and as such are protected from infringement by local and international legislation and treaties.

Electronic Communications

When a user visits the Website or sends e-mails to The Flower People, that user consents to receiving communications from The Flower People electronically and agrees that all agreements, notices, disclosures and other communications sent by The Flower People satisfy any legal requirements, including but not limited, to the requirement that such communications should be “in writing”. In this regard please see section 83G of the Act.

Hyperlinks

No person, business or web site may link to any page on this site without the prior written permission of The Flower People. Such permission could be obtained from the person referred to in clause 1 hereof. This clause does not apply to parties that have entered into e-trader agreements with The Flower People.

Hyperlinks provided on this site to non-The Flower People sites, including but not limited to M-Web, are provided as is and The Flower People does not necessarily agree with, edit or sponsor the content on such web pages.

Framing

No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.

Spiders and Crawlers

No person, business or web site may use any technology to search and gain any information from this Website without the prior written permission of The Flower People.

Disclaimer

Apart from the provisions of sections 83E, 83Z and 93(1) and (2) of the Act, neither The Flower People nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Websites or the services or content provided from and through this Website. Furthermore, The Flower People makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free.

Users are encouraged to report any possible malfunctions and errors to The Flower People.

This Website is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with The Flower People that the service available from and through this Website will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.

Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of The Flower People and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.

All items purchased from The Flower People are made pursuant to agreements with shipping and delivery agents and risk of loss passes from The Flower People to such agents upon delivery of any item to such carrier.

Neither The Flower People nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this Website.

Costs

The price of each product is displayed with the product. In the event of a sale or special offer, the discounted price is displayed.

Value added tax at the rate of either 0%, exempt or 16%, product dependant, is charged on products bought by Kenyan residents.

Prices include VAT for deliveries within Nairobi and other designated areas.

Prices listed within The Flower People are valid for a maximum of 14 days of submitting your purchase form.

Deliveries

Currently deliveries and these will be made by designated courier services companies as chosen by The Flower People.

A payment processing fee will be applied to all orders.

All products as depicted on this website are available to all locations within Kenya.

Certain flower and plant products may be delivered in bud to ensure longer life.

Some flower and plant products may be harmful or poisonous, if you require further information before submitting an order please contact the The Flower People Customer Contact Centre on +254 (0) 20 231 6700.
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 without notice.

In the event that we are unable to supply all or part of your order (the product or any substitute product to you at all), we shall notify you as soon as possible and reimburse your payment in full no later than 30 days after the intended delivery date.

Products are delivered next day unless other delivery date or service is selected. Further information regarding product availability and delivery options will be presented when placing your order.
Delivery is available every day of the year.

To avoid problems or delays with delivery, please ensure that you have included the full address details, including accurate postcode of the intended recipient and telephone number, together with your daytime contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered.

Whilst we agree to use all reasonable endeavors to ensure that delivery will be on the requested delivery date or during the delivery period, you acknowledge that actual delivery will be via the designated courier. In very occasional 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 reimburse your payment in full.

In the case of delivery to certain locations, where a third party is involved, such as offices, hospitals, Funeral Directors, airports, hotels, 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.

Please be aware that the courier 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).

Please note that where the courier 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.

Please note that if you order a number of items for delivery to the same address, they may be dispatched separately and we cannot guarantee delivery on the same day.

Payment

Note that to protect its own and the interests of customers, The Flower People scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused by The Flower Market People if it is not satisfied with its legitimacy. Accordingly, The Flower People accepts no liability that may arise as a result of such refusal to process any transaction.

You will be given clear instructions to navigate the order process and will be required to provide us with your complete personal details, including accurate postcode, together with those of the intended recipient and all necessary payment details.

We accept payment by M-Pesa, Visa Card, Master Card and company and personal cheques. Please note cheques will be required to clear before delivery can occur.

Restrictions on Sales

We cannot accept orders from customers under the age of eighteen (18) years. Proof of the above might be required.

The Flower People indemnifies itself from any and all liability arising as a result of your failure to provide accurate information in this regard.

Agreements of Sale

Placing an item in shopping cart without completing the purchase cycle does not:

Constitute an agreement of sale between The Flower People and users cannot hold The Flower People liable if such items are not available when the purchase cycle is completed later; and/or

Constitute an order for such an item; and

The Flower People may remove such an item from the shopping cart if no stock is available.

An agreement of sale between The Flower People and a user only comes into effect if and when:

Order payments are confirmed or successful within 12 hours to delivery except for cheques. If not this will lead to order cancellation or order date rescheduling. Cheques
will be required to have cleared 12 hours to preferred delivery date otherwise delivery will occur next day upon the cheque clearing.

The Flower People reserves the right to refuse to accept and/or execute an order without giving any reasons. The Flower People also reserves the right to cancel orders in whole or in part as circumstances dictate. The Flower People shall only be liable to refund monies already paid by the user.

The Flower People shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, The Flower People will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid.

Consumers can view or print a full record of the transaction that is maintained for a period of six months on the Website.

Stock Availability

Stocks of all goods on offer are limited. The Flower People shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, The Flower People shall only be liable to refund monies already paid where it is unable to fulfill orders at advertised prices.

Vouchers

Vouchers cannot be exchanged for cash and is not transferable or assignable.

Vouchers must be redeemed on the Website towards the purchase of products listed on the Website. Only www.theflowerpeople.co.ke vouchers can be redeemed on the Website.

Only one promotional voucher can be used per transaction.

Vouchers can only be redeemed with orders already place on the Website if their issue date is before the order date.

Promotional vouchers are issued at The Flower People’s own discretion.

Customers do not have a right to promotional vouchers and vouchers cannot be earned.

Vouchers can only be redeemed while they are valid and expiry dates cannot be extended. Promotional vouchers and their expiry dates are listed under ‘MY ORDERS’ on the site.

Vouchers cannot be redeemed to purchase other Gift Vouchers.

Guaranteer

Special offers: If The Flower People supplies the wrong product or if the product is in any way faulty or damaged, The Flower People will exchange it for the correct one upon receipt of the returned product. However, if the product is no longer being offered at the special price, it will not be replaced and we will refund the buyer’s purchase price including delivery costs upon receipt thereof. Photographic evidence is required.

Governing Law and Jurisdiction
This site is hosted, controlled and operated from Kenya and therefore governed by Kenyan law and the parties submit to the non-exclusive jurisdiction of Kenyan courts.

Security

Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that The Flower People suffers any damage or loss.

The user agrees and warrants that its log-in name and password shall:

– be used for personal use only; and

– not be disclosed to any third party.

The user allows The Flower People to take all reasonable steps to ensure the integrity and security of the The Flower People site and back-office applications.

All credit card transactions are Secure Socket Layers encrypted. The company registration documents and the site’s registered domain name are checked and verified by Access Kenya.

Changes to the Terms and Conditions

The Flower People may, in its sole discretion, change this agreement or any part thereof at any time without notice.

Disputes

In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of these terms and conditions, and not resolved through the Customer Relations Department of The Flower People, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Kenya Arbitration Act 1995 proceedings shall be conducted in Nairobi.

Domicilium

The Flower People chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, The Flower People @ the Ngong Race Course, Ngong Road, Nairobi.

Term and Termination

These terms and conditions shall commence when the user registers on the Website and continue indefinitely until terminated by The Flower People in terms of clause 22 hereto or for any other reason.

Information

Full name: The Flower Market Ltd
Main business: Floral Retail
Address for receipt of legal service: The Flower Market Ltd, Ngong Racecourse, Ngong Road, P.O. Box 9 – 00502, Nairobi, Kenya.
Office bearers: The list of office bearers can be found at: http://www.theflowerpeople.co.ke
Webmaster: http://www.theflowerpeople.co.ke
Website: http://www.theflowerpeople.co.ke
Official email address: info@theflowerpeople.co.ke