GIFT CARD

Terms and Conditions

The use of the Grandiflora Gift Card is subject to the following terms and conditions (“these terms and conditions”), together with any terms and conditions appearing on such Gift Card (“the Gift Card terms and conditions”). In the event of a conflict between these terms and conditions and the Gift Card terms and conditions, these terms and conditions will prevail:

The following provisions are drawn to the attention of the user from the Consumer Protection Act 68 of 2008 (“the CPA”) applies to any transaction concluded pursuant to these terms and conditions:

• in terms of clause 5 of these terms and conditions, should the Gift Card be lost or stolen or misappropriated in any other manner whatsoever whilst in the possession of the Bearer, Grandiflora will not be liable to the Purchaser or the Bearer for any form of reimbursement or compensation of any nature whatsoever. The effect of this clause is that the Purchaser and the Bearer will have no recourse against Grandiflora in the circumstances referred to above;

• in terms of clause 7 of these terms and conditions, Grandiflora will not be liable for any losses in the event that the Gift Card cannot be utilised on any specific occasion for any reason arising out of any failure, malfunction or delay in any electronic device for any reason. The effect of this clause is that the Purchaser and the Bearer will have no recourse against Grandiflora in the circumstances referred to above;

1. DEFINITIONS

For the purposes of these terms and conditions, unless inconsistent with the context, the following words and expressions shall bear the meanings assigned thereto and cognate words and expressions shall bear corresponding meanings:

1.1. “Bearer” means the person in possession of a Physical “Gift Card”

1.2. “Purchaser” means any person who has purchased a Gift Card;

1.3. “Website” means https://www.grandiflora.co.za/GiftCards

2. The purchase and/or use of a Gift Card is deemed to constitute a binding agreement between Grandiflora, the Purchaser and the Bearer (to the extent that the Bearer is not the Purchaser) in accordance with these terms and conditions

3. PURCHASE, ISSUE AND RECHARGING OF GIFT CARDS

3.1. The full terms and conditions governing the purchase and recharging of Gift Cards are available on the Gift Card Website (www.grandiflora.co.za/giftcards). In the event of a conflict between these terms and conditions and any Purchase and Recharge terms and conditions, the Purchase and Recharge terms and conditions will prevail.

3.2. A Gift Card may be purchased as follows:

3.2.1. A Physical Gift Card may be purchased from the Grandiflora store. Once payment has been received by the Store, a Physical Gift Card will be issued to the Purchaser by the Store.

3.3. The Gift Card will be loaded with a pre-paid amount purchased (“the pre-paid amount”) and may be utilised at Grandiflora store in accordance with these terms and conditions.

3.4. The Physical Gift Card may be reloaded with additional pre-paid amounts by the Purchaser or the Bearer thereof at the Grandiflora store after the initial issue date (as defined below).

3.5. The minimum pre-paid amount that a Gift Card may be initially loaded or re-loaded (in the case of a Physical Gift Card), with at any time is R100.00 (Hundred Rand). The maximum aggregate pre-paid amount that may be loaded or re-loaded (in the case of a Physical Gift Card) onto a Gift Card at any time is R10 000.00 (Ten Thousand Rand).

3.6. The pre-paid amounts loaded onto a Gift Card from time to time will not accrue any interest.

3.7. The balance remaining on the Gift Card from time to time can be checked at the Grandiflora store, subject to the provisions of clause 3.8 below.

3.8. Bearers of Physical Gift Cards will not be able to check their balances online. They will be able to check their balances through the store.

4. ISSUE, VALIDITY AND USE OF GIFT CARDS

4.1. The Gift Card may be utilised by the Bearer at the Grandiflora store as payment, or part payment (as the case may be) of the purchase price of goods.

4.2. The date of first issue of the Gift Card shall be the date on which an initial pre-paid amount is loaded onto the Gift Card (“the initial issue date”) in accordance with these terms and conditions.

4.3. The prepaid amounts loaded onto a Gift Card are valid for a period of 3 (three) years from the initial issue date or the date that the last pre-paid amount was loaded onto such Gift Card, whichever is the later, whereafter such pre-paid amounts, and consequently the Gift Card, will expire.

4.4. Pre-paid amounts loaded onto a Gift Card may not be refunded or exchanged for cash or credit.

4.5. In order to utilise the Gift Card as payment for merchandise

4.5.1. in relation to a Physical Gift Card, the Bearer will be required to:

4.5.1.1. hand same to the cashier at the store when settling the purchase price of such purchase; and

4.6. When the Bearer tenders the Gift Card as payment for, or towards, the purchase price of merchandise, an amount equal to, or towards, the purchase price of the merchandise (or portion thereof) will be deducted from the Gift Card. No cash refunds will be given in the event of any pre-paid amounts remaining on the Gift Card after the payment as aforesaid.

4.7. In the event of the Gift Card being used to make part payment of any merchandise, the balance of such purchase is to be paid in full in cash or using any major credit cards accepted by the store.

5. Should the Gift Card be lost or stolen or misappropriated in any other manner whatsoever whilst in the possession of the Bearer, neither Grandiflora or affiliates will be liable to the Purchaser or the Bearer for any form of reimbursement or compensation of any nature whatsoever.

6. Misuse of the Gift Card may constitute fraud and the Gift Card may not be used for any unlawful purpose.

7. Grandiflora will not be liable for any losses in the event that the Gift Card cannot be utilised on any specific occasion for any reason arising out of any failure, malfunction or delay in any electronic device for any reason.

8. These terms and conditions may be amended, varied and/or modified by Grandiflora at any time and such amendment, variation and/or modification shall be effective immediately upon posting of the amended, varied and/or modified terms and conditions on the Website. Accordingly, the continued use by a Bearer of the Gift Card shall be deemed to be the Bearer’s acceptance of any such modified terms and conditions.

9. These terms and conditions shall comply with, and will be subject to, any peremptory provisions of the Consumer Protection Act 68 of 2008 (“the CPA”) and the regulations promulgated thereunder, which are deemed to be incorporated therein (“Peremptory Provisions”). In the event of any conflict between these terms and conditions and the Peremptory Provisions, the latter shall prevail. Furthermore, no term or condition of these terms and conditions is intended to breach any Peremptory Provisions. Any breach of any such Peremptory Provision shall be governed by the provisions of clause 12 mutatis mutandis (i.e. subject to changing those things which need to be changed).

10. This document, together with the Gift Card terms and conditions and any Purchase and Recharge terms and conditions, contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in these terms and conditions (including clause 8 above) no alteration, cancellation, variation of, or addition hereto will be of any force or effect.

11. Each sentence, paragraph, term, clause and provision of these terms and conditions and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation (including, without limitation, the CPA and any Regulations thereto) or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto. If any provision of these terms and conditions is found by any Court to be unfair as contemplated in Regulation 44 to the CPA, then that provision will apply to the maximum extent permitted under the CPA and will further be governed by the provisions of this clause 12 mutatis mutandis.