1. Introduction
These Terms explain how you may use the Flower Foundry platform as a Vendor.
By signing up for an account and using the platform, you agree to these Terms & Conditions. Flower Foundry may update or change these Terms & Conditions from time to time, and it is your responsibility to ensure that you review the latest version and remain up to date with any changes.
2. Who Can Become a Vendor
You must:
• be a registered business or sole proprietor
• provide accurate business information
• comply with the CPA, ECTA, POPIA, and other laws
• be able to fulfil orders in your delivery area
• have reliable communication systems in place
Flower Foundry reserves the right to approve or reject applications.
3. Relationship With Flower Foundry
• You are an independent business, not an employee or agent of Flower Foundry.
• You are fully responsible for:
o product quality
o preparation
o delivery
o customer service related to your products
4. Consent to Electronic Communication
• You consent to receiving electronic communications from Flower Foundry by email, SMS and/or WhatsApp via the contact details submitted
• Communication includes electronic invoices, order confirmations, platform notifications, and marketing related communications
• You may opt out of the marketing communications at any time
5. Product Listings
• You must ensure that:
o product descriptions are accurate
o images reflect the actual arrangement
o pricing is correct
o stock availability is updated regularly
o no prohibited items are listed (e.g., no alcohol)
o it is clearly disclosed if any product contains, or may contain, allergens
• Flower Foundry may remove misleading or inaccurate listings.
• You indemnify and hold Flower Foundry harmless against any claims, losses, damages, or complaints arising from product defects, food safety issues, allergens, late or failed delivery, or any misrepresentation of your products.
6. Order Handling
• You must:
• check your registered email for new orders
• accept and prepare orders promptly
• deliver within the promised timeframe
• notify Flower Foundry if delays occur
• mark orders as “Delivered” once complete
• select the correct reason if delivery fails (e.g., “No answer”)
• Substitutions must be reasonable and of equal or greater value.
• Same-day delivery cut-off: 12 noon. Orders after cut-off are automatically moved to the next delivery day
7. Delivery Responsibilities
• You are responsible for delivering the order to the customer.
• Delivery failures caused by your actions are your responsibility.
• You must maintain reliable delivery processes.
Delivery fees are fixed:
• 0 - 25 km: R100
8. Weekly Reports and Withdrawals
• You must generate a weekly sales report from your dashboard.
• You are responsible for reviewing and verifying the report against your own records to ensure it is correct.
• Withdrawal requests may only be submitted based on the weekly report.
• By requesting a withdrawal, you confirm that the report is accurate.
9. Commission, Fees & Payments
9.1 Commission
• Flower Foundry adds a fixed 10% mark up to your listed prices.
9.2 Payments
• Every Friday, you must log in and request a withdrawal.
• Payments are made within 7 business days of report approval.
• Payments go directly to your nominated bank account.
• Refunds, chargebacks, or disputes may be deducted from payouts.
10. Customer Complaints
You must:
• cooperate with Flower Foundry to resolve complaints
• accept responsibility if the issue is caused by your product or delivery
• understand that refunds due to your fault may be deducted from your payout
• understand that if Flower Foundry receives a complaint relating to your products or services, your account may be issued with a “yellow flag”
• a yellow flag will remain on your account for three (3) months from the date it is issued
• if your account receives three (3) yellow flags (whether within or across the three month periods), Flower Foundry may terminate your access to the platform in accordance with these Terms
Flower Foundry may issue refunds to protect the platform’s reputation.
11. Your Legal Responsibilities
• You confirm that:
• your products are safe and of good quality
• your descriptions are accurate
• you comply with the CPA and other laws
12. Indemnity & limitation of liability
• You indemnify, defend and hold harmless Flower Foundry (including its directors, employees and service providers) from and against any and all claims, demands, proceedings, fines, penalties, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or relating to any third party claim to the extent caused by: (a) your products (including quality, safety, allergens, compliance and fitness for purpose); (b) your fulfilment of orders (including preparation, substitutions, delivery and customer service for your products); (c) your listings, images, descriptions, pricing and other content you provide to the platform; (d) your breach of these Terms or applicable law (including the CPA, ECTA and POPIA); or (e) any actual or alleged fraud, negligence or wilful misconduct by you or your staff/contractors.
• Flower Foundry may, at its option, assume control of the defence and settlement of any claim covered by the indemnity (and you must provide reasonable assistance at your cost). You may not settle any such claim without Flower Foundry’s prior written consent, which may not be unreasonably withheld where the settlement includes a full release of Flower Foundry and does not impose any admission or ongoing obligation on Flower Foundry.
• To the maximum extent permitted by law, Flower Foundry will not be liable to you for any indirect, special, consequential or punitive damages, or for any loss of profit, revenue, anticipated savings, business, goodwill, reputation or data, arising out of or relating to these Terms or your use of the platform, even if advised of the possibility of such loss.
• To the maximum extent permitted by law, Flower Foundry’s total aggregate liability to you for any and all claims arising out of or relating to these Terms or the platform (whether in contract, delict, statute or otherwise) is limited to the total commission actually earned by Flower Foundry from your sales in the three (3) months immediately preceding the event giving rise to the claim.
• Carve outs: Nothing in these Terms limits or excludes any liability that cannot lawfully be limited or excluded. The exclusions and cap above do not apply to: (a) amounts due and payable by Flower Foundry to you for approved withdrawals in terms of these Terms (subject to any permitted deductions for refunds, chargebacks or disputes); or (b) Flower Foundry’s fraud or wilful misconduct.
13. Intellectual Property
• You allow Flower Foundry to use your product images and descriptions for marketing and display on the platform.
14. Suspension or Termination
Flower Foundry may suspend or terminate your account if:
• you break these Terms
• your account receives three (3) yellow flags under the Customer Complaints process
• you act unlawfully or fraudulently
You may terminate your account with immediate effect by giving written notice to Flower Foundry. Any outstanding payouts will be dealt with in accordance with the agreement.
15. POPIA Compliance
• You must:
• protect customer information
• use customer data only for fulfilling orders
• follow POPIA security requirements
16. Governing Law
These Terms are governed by South African law.
17. Company details
• Flower Foundry (Pty) Ltd, a private company duly incorporated in terms of South African law with registration number: 2025/64776/07. Our registered address is Corner N9 Doorn River, Herold, George, Western Cape, 6529. For any queries, you are welcome to contact us on 044 004 0514 or alternatively, send an e-mail to info@flowerfoundry.co.za.