Welcome to Sintas Flowershop!
These Terms and Conditions (“Terms”) govern your access to and use of the Sintas Flowershop website located at https://sintasflowershop.com/ (the “Site”), and the purchase of products and services offered therein. By accessing or using our Site, you agree to be bound by these Terms, our Privacy Policy, and all other applicable laws and regulations. If you do not agree with any part of these Terms, you must not use our Site or services.
1. General Provisions
1.1. Parties: These Terms constitute a legally binding agreement between you (“Customer,” “User,” or “You”) and Sintas Flowershop, based in Nairobi, Kenya, operating from New Muthaiga Mall, Thigiri Ridge Road, Nairobi (“Sintas Flowershop,” “We,” “Us,” or “Our”).
1.2. Acceptance: Your access to and use of the Site and services are conditioned upon your acceptance of and compliance with these Terms. By placing an order, you represent that you are at least 18 years of age or are accessing the Site under the supervision of a parent or guardian.
1.3. Amendments: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will indicate at the top of the Terms the date they were last revised. Your continued use of the Site following the posting of any changes constitutes acceptance of those changes.
2. Products and Services
2.1. Product Descriptions: We strive to ensure that all product descriptions, images, and prices are accurate. However, slight variations may occur due to the perishable and natural nature of flowers and plants. Images are for illustrative purposes and may not precisely represent the delivered item due to differences in bloom stage, seasonality, and natural variations.
2.2. Availability and Substitution: All products are subject to availability. In the event that a specific flower, color, or item (e.g., a specific vase, type of wrapping) is unavailable due to seasonality, supply issues, or quality concerns, Sintas Flowershop reserves the right to substitute the item with a similar product of equal or greater value, maintaining the overall style, quality, and color scheme of the original arrangement. We will make reasonable efforts to inform you of significant substitutions where possible.
2.3. Care Instructions: Upon delivery, it is the Customer’s responsibility to follow any provided care instructions to ensure the longevity of the flowers. We are not responsible for the deterioration of flowers due to improper care after delivery.
3. Pricing and Payment
3.1. Currency: All prices listed on the Site are in Kenya Shillings (KES), unless otherwise explicitly stated.
3.2. Pricing Accuracy: While we aim for accuracy, prices are subject to change without prior notice. The price charged will be the price displayed on the Site at the time of order confirmation.
3.3. Shipping Costs: Shipping and delivery charges are not included in the product price and will be clearly indicated and added to your total order amount during the checkout process. These costs vary based on delivery location.
3.4. Payment Methods: We accept various payment methods as indicated on the Site during the checkout process (e.g., M-Pesa, credit/debit cards). Your order will only be processed once full payment has been received and confirmed.
3.5. Taxes: All applicable taxes (e.g., VAT) will be included in the final price displayed at checkout where required by Kenyan law.
4. Order Placement and Confirmation
4.1. Order Acceptance: Your order constitutes an offer to purchase a product. All orders are subject to acceptance by Sintas Flowershop. We reserve the right to refuse or cancel any order for any reason at our sole discretion, including but not limited to product availability, errors in pricing or product information, or issues with your payment.
4.2. Confirmation: Upon successful placement of an order and receipt of payment, you will receive an order confirmation email to the email address provided. This email will detail your order summary, delivery information, and an order reference number.
5. Delivery and Shipping
5.1. Delivery Areas: We deliver within Nairobi, Kenya, and specified surrounding areas. Please refer to the checkout process for precise delivery zones.
5.2. Delivery Times: While we strive to meet requested delivery times, these are estimates and cannot be guaranteed. Delivery times may be affected by factors beyond our control, such as traffic, weather conditions, or unforeseen events.
5.3. Accurate Information: It is the Customer’s sole responsibility to provide accurate and complete recipient name, contact number, and delivery address details (including building name, floor, apartment number, and any special instructions for access, e.g., gated community, security checks). Sintas Flowershop will not be held responsible for failed deliveries due to incorrect or insufficient information provided by the Customer.
5.4. Recipient Availability & Unresponsiveness: For successful delivery, a recipient or authorized person must be available at the specified delivery address to receive the order. If, after multiple reasonable attempts to contact the customer/recipient (e.g., phone calls, SMS to the provided numbers) the customer/recipient remains unresponsive or cannot be reached, and the delivery cannot be completed, the flowers will be returned to Sintas Flowershop. In such instances where all reasonable efforts to deliver the order have been exhausted due to customer/recipient unresponsiveness or unavailability, Sintas Flowershop reserves the right to retain the full payment, and no refund will be issued due to the perishable nature of the products. Additional delivery attempts or re-deliveries may incur extra charges at our discretion.
5.5. Safe Place Delivery: If the recipient is not available, our delivery personnel may, at their discretion and if deemed safe, leave the flowers with a neighbor, security guard, or in a secure spot at the delivery address (e.g., concierge desk), provided suitable arrangements are made or implied. Sintas Flowershop will not be responsible for the loss or damage of products after they have been delivered to a secure location as per these conditions.
5.6. Proof of Delivery: For certain deliveries, a signature or photograph may be required as proof of delivery.
6. Cancellations, Returns, and Refunds
6.1. Customer-Initiated Cancellations: Orders may be cancelled only if the request is received at least 24 hours prior to the scheduled delivery time. A full refund will be processed for eligible cancellations. Cancellations requested less than 24 hours before the scheduled delivery time may incur a cancellation fee or may not be eligible for a refund due to the preparation of perishable goods. Orders that have already been dispatched for delivery cannot be cancelled or refunded.
6.2. No Refunds for Unresponsiveness/Failed Delivery: As stated in Section 5.4, if an order cannot be delivered due to the customer’s/recipient’s unresponsiveness, unavailability, or incorrect details provided, and all reasonable delivery attempts have been made, no refund will be issued.
6.3. Damaged or Incorrect Orders: In the unlikely event that your order arrives damaged, is incorrect, or does not meet our quality standards, you must notify Sintas Flowershop within 3 hours of delivery. You must provide clear photographic evidence of the issue. Upon verification of the issue, we will, at our discretion, offer a replacement arrangement or a partial/full refund. Claims made after 3 hours from delivery or without sufficient evidence may not be honoured.
6.4. Perishable Goods Policy: Due to the perishable nature of flowers and plants, we generally do not accept returns or offer refunds for change of mind after dispatch or successful delivery.
7. Intellectual Property
7.1. Ownership: All content on the Site, including text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Sintas Flowershop or its content suppliers and is protected by Kenyan and international copyright laws.
7.2. Limited License: You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal, non-commercial purposes only. Any unauthorized use is strictly prohibited.
8. User Conduct
You agree not to use the Site for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You must not attempt to gain unauthorized access to any part of the Site, other accounts, computer systems, or networks connected to the Site.
9. Limitation of Liability
To the fullest extent permitted by law, Sintas Flowershop, its directors, employees, agents, and suppliers shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
10. Indemnification
You agree to defend, indemnify, and hold harmless Sintas Flowershop and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Site, by you or any person using your account and password; b) a breach of these Terms; or c) your violation of any rights of a third party, including without limitation any copyright, property, or privacy right.
11. Privacy Policy
Your use of the Site is also governed by our Privacy Policy, which details how we collect, use, and protect your personal information. By using the Site, you agree to the terms of our Privacy Policy.
12. Force Majeure
Sintas Flowershop shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, strikes, governmental actions, natural disasters (e.g., floods, earthquakes), epidemics, pandemics, significant traffic disruptions, or power outages.
13. Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Nairobi, Kenya.
14. Changes to These Terms
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms constitutes acceptance of those changes.