Terms & Conditions

These Terms and Conditions govern your use (“The User”) of Blue Delite Nursery’s website located at the Domain name www.bluedelitenusery.co.za. By accessing and using the website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. If the User does not wish to be bound by these Terms and Conditions, the User may not access, display, use, download, and/or otherwise copy or distribute content contained at the website.

Blue Delite Nursery reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. It is the User’s obligation to periodically check these Terms and Conditions at the website for changes or updates. The User’s continued use of this website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

All rights in and to the content, which includes but is not limited to the text, graphic, logos, buttons, icons, images, photographs, audio clips, data bases and software, of this website is reserved and retained by Blue Delite Nursery, its affiliates or subsidiaries or any other third party owner of such rights. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under copyright, trademark, patent or other intellectual property right in or to the content.

Users may not copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means, material on this website. Users may not use the website for offensive, defamatory, incorrect or untrue disclosure to any persons. All trademarks, logos and icons may not be used without the prior permission of Blue Delite Nursery. Any unauthorized use of the Blue Delite Nursery website may result in termination of the User’s account at any time.

Blue Delite Nursery reserves the right to change or discontinue the content and or services available from the Blue Delite Nursery website without prior notice. Blue Delite Nursery may also suspend or terminate the website at any time without prior notice.

Only with prior written permission, may a third party site link to this website provided that the link is pointed directly to the homepage of the Blue Delite Nursery website only. The link may not portray Blue Delite Nursery, its affiliates, or their products or services in a false, misleading, derogatory, or offensive manner. You may not use the Blue Delite Nursery logo or any other proprietary graphic or trademark as part of the link without the express written permission of Blue Delite Nursery.

No User shall decompile and/or reverse engineer the source code of the website.

Blue Delite Nursery has undertaken to take reasonable steps to ensure the security of the website, however we cannot ensure that it is completely secure against unauthorised users.

Blue Delite Nursery will not be held liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the website, whether in contract or delict. Blue Delite Nursery will not be liable for any direct, indirect, contingent or consequential loss incurred or sustained through the use of this website or through the links on this website. Due the nature of the Internet, Blue Delite Nursery is unable to guarantee that any products and services or any websites accessible via the website are virus or error free. We therefore suggest that you check all e-mails, attachments and files before downloading them.

As this website is operated from South Africa, the South African legislation governs the use or inability to use the website and the terms and conditions of its use. Blue Delite Nursery makes no representation that the content is appropriate or available for use in other countries. Access to the website from territories or countries where the content is illegal is prohibited. The User may not use this website in violation of South African Export Laws and Regulations. If the User accesses this website from locations outside of South Africa, that User is responsible for compliance with all local laws.

The Blue Delite Nursery website may contain links to other sites which are not within our control. These will have their own policies and we cannot be held responsible for these or any other terms and conditions that may be within these sites.

Blue Delite Nursery receives various types of information from you when you access the website including personal information as detailed in the Promotion of Access to Information Act (“PAIA”), Act 2 of 2000, and as detailed in Section 1 of the Electronic Communications and Transactions Act, (“ECTA”), Act 25 of 2002, and in the Protection of Personal Information Act, (“POPI”), Act 4 of 2013. Blue Delite Nursery respects your privacy and we do not sell or share your personal information that may be entered on our website or captured into our database, unless:

• The User has expressly, alternatively impliedly, consented to such a disclosure;
• Blue Delite Nursery is permitted or required to do so by law;
• It is in the public interest to do so;
• It is necessary to protect the interests of Blue Delite Nursery or its Users.

By personal information, we mean information that can identify you as an individual or is capable of identifying you. We do not mean general, statistical, aggregated or anonymised information. We cannot be held liable in any manner whatsoever from the use of such content by any third party who obtained any content from the User through hacking into our website.

Blue Delite Nursery receives various types of information from Users who access the website. All personal information that is collected is stored and used:

For the purpose for which the information is requested, as stated on this website or in any other communication;
To establish and verify User’s identity;
To maintain and update the Blue Delite Nursery database;
For marketing, product research and development purposes;
To the extent necessary, to enable Blue Delite Nursery to meet its obligations to the website Users.
For the purposes of management, research, analysis, corporate reporting, credit scoring and improving business efficiencies;
To contact Users by post, telephone and electronic mail (where “opt in” permissions have been obtained);
To collect network or traffic data related to the User’s use and access to our services;
To collect information from Users to our website to help us improve the website service that we make available.

Should a User no longer wish to receive Blue Delite Nursery’s’ promotional communications, he or she may opt out of receiving such communications by following the instructions included therein.

By accessing the website, or otherwise providing Blue Delite Nursery with personal information, the User signifies his or her acceptance of these Terms and Conditions.

If the User is of the opinion that Blue Delite Nursery fails to comply with the use of the personal information as set out above, the User shall contact Blue Delite Nursery by sending an e-mail to info@bluedelitenursery.co.za. Blue Delite Nursery will review User’s representations, and within Blue Delite Nursery’s’ sole and absolute discretion, take corrective action. Blue Delite Nursery reiterates that despite such undertaking, it is possible for Internet base communications to be intercepted. Without the use of encryption, the Internet is not a secure media and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. Blue Delite Nursery will not be responsible for any damages the User or any third party may suffer as a result of the transmission of confidential or disclosed information that the User makes to Blue Delite Nursery through the Internet, or that the User expressly or implicitly authorises Blue Delite Nursery to make, or for any errors or any changes made to any transmitted information.

You agree to be financially responsible for any financial transactions made by you on this website (as well as for use of your account by others, including without limitation, minors). You agree that the order facilities of this website shall be used only to make legitimate orders. You understand that overuse or abuse of the order facilities of this website may result in you being denied access to such facilities, at the sole discretion of Blue Delite Nursery.

By effecting payment via our website, the transaction constitutes an electronic transaction as defined in Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) and that a binding agreement has been concluded between Blue Delite Nursery and you authorising us to deduct or to debit the credit card for payments for services rendered to you. Your signature shall not be required for authorisation purposes.

For any orders or other services for which fees may be charged, you agree to abide by these Terms and Conditions as well as, that payment of all amounts shall be paid by you when due and that you shall comply with all rules and restrictions regarding rates and charges as well as in respect of the availability of products or services. You shall be completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of this website.

In accordance with the disclosure requirements of ECTA, and as a supplier of goods and services offered for sale, hire or exchange, by way of an electronic transaction, we make the following information available to you:

• We are Blue Delite Nursery (Pty) Ltd:
• Registration Number: 2016/445089/07;
• VAT Registration Number: 4540276054;
• Postal Address: PO Box 4729, George East, 6539;
• Telephone number: 0795256377;
• Place of Registration: George;
• Blue Delite Nursery’s owner is Opal Trust.
• The main business of Blue Delite Nursery is plant propagation;
• Blue Delite Nursery’s website is www.bluedelitenusery.co.za and our e-mail address is info@bluedelitenursery.co.za;
• All costs associated with your order as well as the order procedure and cancellation policy of Blue Delite Nursery are accessible via the website or telephone.
• Payment may be made online by credit card through a sufficiently secure payment system. The payment system allows for review, corrections and withdrawal by you prior to placing the final order.
• Blue Delite Nursery offers you the ability to file complaints via the “Contact us” service of the website www.bluedelitenusery.co.za. Currently   Blue Delite Nursery does not subscribe to any alternative dispute resolution code or mechanism.
• In terms of Section 42(2)(j), you acknowledge and agree that Section 44 of ECTA will not apply to transactions concluded via the website.

These website Terms and Conditions shall apply in respect of all Users and/or persons accessing this website, or otherwise providing Blue Delite Nursery with personal information, including minors.

The User is responsible for maintaining the confidentiality and security of his or her User name and password for access to the website and the User accepts full liability for all activities that occur on or related to the website under the User name. The User may not impersonate another User, nor provide false information to gain access to the website.

Users are encouraged to report untrue, inaccurate, and defamatory or any other information necessary to Blue Delite Nursery.

Blue Delite Nursery will not be liable for costs incurred by users to obtain professional advice relating to any Blue Delite Nursery Terms and Conditions in any section of the Blue Delite Nursery website.

If any of the provisions of these Terms and Conditions are found by a Court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions are continued in full force and effect. These Terms and Conditions constitute the entire agreement between Blue Delite Nursery and the User with regard to the use of the content of this website.

In the event that you need to contact us for purposes related to the Terms and Conditions of use of this website, herewith are our contact details:

Telephone: +27 795256377

Website:  www.bluedelitenusery.co.za

Email:  info@bluedelitenursery.co.za

This website was most recently updated in July 2022

On Requesting a Quote Terms & Conditions apply as per Quote! Whilst we endeavor to assist all potential customers in providing a Product requested by them, circumstances may arise whereby a product may not be available via our website, or we do not believe a certain product may be suitable for your requirements, or other circumstances exist that would make it reasonable for us not to supply you with a product. Our decision to not supply you with a particular product is by no means discriminatory but instead is brought about by careful consideration of your requirements and/or the circumstances and/or our ability to provide you with such product.