Conditions d’utilisation

Terms & Conditions – Dias Flowers Import & Export

1. General

These Terms & Conditions apply to the supply, purchase, import, export and delivery of fresh flowers, fresh cut flowers, pot plants and related floral products supplied by Dias Flowers Import & Export ("Dias Flowers", "we", "us" or "our").

Dias Flowers Import & Export is a wholesale flower supplier based at 3 Marjorie Street, City Deep, Johannesburg, South Africa. We supply supermarkets, retailers, florists, wholesalers, commercial businesses and other approved customers in South Africa and international markets.

By placing an order, requesting a quotation, purchasing products, or engaging our import or export services, the customer ("customer", "buyer", "you" or "your") agrees to these Terms & Conditions together with any quotation, purchase order, invoice, written agreement, or specific commercial terms applicable to the transaction.

Where a written agreement has been entered into between Dias Flowers and the customer, the terms of that agreement will take precedence to the extent of any conflict with these general Terms & Conditions.

2. Fresh Flower & Plant Products

Fresh flowers and plants are natural, perishable products. Their availability, colour, size, maturity, quality, appearance and shelf life may naturally vary.

Accordingly:

  • Product availability is subject to seasonal and market conditions.
  • Specific varieties, colours or quantities cannot always be guaranteed unless expressly confirmed in writing.
  • Reasonable substitutions may be made where an ordered product is unavailable, subject to the customer's requirements and the commercial terms of the order.
  • Pot plants may naturally vary in size, shape, maturity and appearance.
  • Product images displayed on the website are for illustrative purposes unless specifically stated otherwise.
  • Fresh flowers and plants must be handled and stored appropriately after delivery to maintain their condition.

Dias Flowers will make reasonable efforts to supply products that correspond with the agreed order specifications and applicable quality requirements.

3. Wholesale Orders & Quotations

Dias Flowers primarily supplies products on a wholesale and business-to-business basis.

All quotations are subject to:

  • Product availability;
  • Market conditions;
  • Currency fluctuations where applicable;
  • Transportation and freight costs;
  • Import and export requirements;
  • Customs duties, taxes and charges;
  • Phytosanitary requirements;
  • Supplier pricing; and
  • Any other costs applicable to the specific transaction.

Unless expressly stated otherwise in writing, quotations are not guaranteed to remain valid after the stated quotation period.

An order is only considered accepted once Dias Flowers has confirmed the order in writing or otherwise accepted it in accordance with the applicable commercial arrangement.

4. Importing Flowers & Plants into South Africa

Where Dias Flowers imports flowers, plants or other regulated plant products into South Africa, the applicable requirements of South African customs and plant-health authorities must be complied with.

Depending on the product, country of origin and applicable regulations, imports may require an import permit, phytosanitary documentation, inspection, treatment, customs documentation or other regulatory approvals.

South African government guidance states that regulated plants and plant products may require an import permit issued by the National Plant Protection Organisation of South Africa (NPPOZA), and that the exporting country's National Plant Protection Organisation may need to issue a phytosanitary certificate meeting South Africa's import requirements.

Dias Flowers will take reasonable steps to coordinate applicable import requirements within the scope of its responsibilities.

However, where the customer is the importer of record, permit holder, consignee or otherwise responsible under the applicable transaction, the customer remains responsible for providing accurate information and documentation and for meeting any obligations assigned to it by law or by the applicable import arrangement.

No shipment will knowingly be imported in contravention of applicable South African law.

5. Exporting Flowers & Plants from South Africa

Dias Flowers exports flowers and plant products to international markets, including African and other international destinations.

Export transactions are subject to South African customs requirements as well as the import requirements of the destination country.

SARS requires persons exporting goods from South Africa to comply with applicable exporter registration and customs requirements, and goods declarations and supporting documentation may be required.

Where applicable, exports of plants and plant products may also require phytosanitary inspection and certification.

For each destination, the applicable requirements may include:

  • Import permits;
  • Phytosanitary certificates;
  • Customs declarations;
  • Commercial invoices;
  • Packing lists;
  • Certificates of origin;
  • Treatment certificates;
  • Inspection documentation;
  • Transport and freight documentation;
  • Customs clearance documentation; and
  • Other permits, certificates or declarations required by South African authorities or the destination country.

The customer is responsible for providing accurate information regarding the destination, consignee, intended use, product requirements and any documentation required from the customer.

Dias Flowers reserves the right to delay, suspend or cancel an export shipment where the required regulatory documentation or approvals have not been obtained.

6. Destination-Country Import Requirements

International customers acknowledge that every destination country may have its own requirements for the importation of fresh flowers, plants and other plant products.

The customer is responsible for determining and communicating the applicable import requirements of the destination country where those responsibilities fall upon the buyer or importer.

These requirements may include import permits, phytosanitary conditions, quarantine requirements, customs procedures, duties, taxes, inspections and other regulatory requirements.

Dias Flowers will reasonably cooperate with customers and relevant authorities in providing documentation within its control.

However, Dias Flowers does not guarantee that a shipment will be admitted into a foreign country where admission depends on laws, permits, inspections, customs decisions or requirements outside Dias Flowers' control.

7. Customs, Duties, Taxes & Government Charges

Unless otherwise agreed in writing, the customer is responsible for customs duties, import taxes, VAT, tariffs, inspection fees, quarantine fees, storage charges, demurrage, destination charges and other government or third-party charges applicable to the importation or delivery of goods.

SARS customs procedures may involve the submission and examination of goods declarations and supporting documents, and customs authorities may assess duties and VAT where applicable.

The allocation of these costs between Dias Flowers and the customer will depend on the agreed quotation, invoice, purchase order, Incoterm or other written commercial arrangement.

8. Customs Clearance & Documentation

Dias Flowers may use registered customs agents, freight forwarders, transport providers or other authorised service providers to facilitate international shipments.

Where a customs or clearing agent is appointed, the customer agrees to provide all information and documents reasonably required to complete the relevant customs and regulatory procedures.

Customers must ensure that information supplied to Dias Flowers or its appointed agents is complete and accurate.

Dias Flowers is not responsible for delays, penalties, storage charges, customs holds or other consequences resulting from incorrect, incomplete or late information supplied by the customer or from actions taken by foreign authorities.

9. Phytosanitary Requirements

Fresh flowers, plants and other regulated plant products may be subject to phytosanitary controls intended to prevent the introduction or spread of regulated pests and diseases.

For exports, the requirements of the destination country's plant protection authority must be considered. South African government guidance provides that plant and plant-product exports may require compliance with the importing country's phytosanitary requirements and an applicable phytosanitary certificate.

Where certification or inspection is required, Dias Flowers will make reasonable efforts to arrange the necessary processes within its responsibility.

However, certification is dependent upon the applicable regulatory requirements being met and the relevant authority approving the consignment. Dias Flowers cannot guarantee certification where the products, documentation, origin, destination or shipment do not meet the applicable requirements.

10. Inspections, Detention & Rejection by Authorities

Fresh flowers, plants and other regulated products may be inspected, detained, treated, refused entry, destroyed, returned or otherwise dealt with by customs, plant-health, quarantine or other government authorities where permitted by law.

Where a shipment is detained or rejected because of:

  • Missing or incorrect documentation;
  • Failure to meet phytosanitary requirements;
  • Failure to meet import requirements;
  • Prohibited or restricted goods;
  • Pest or disease concerns;
  • Customs non-compliance;
  • Incorrect declarations; or
  • Other regulatory requirements,

the resulting costs and consequences will be allocated according to the applicable contract, Incoterm and the party responsible for the relevant requirement.

Dias Flowers will cooperate reasonably with authorities and customers in resolving regulatory issues.

11. Product Quality & Freshness

Dias Flowers takes reasonable care when sourcing, handling, preparing and transporting fresh flowers and plants.

Due to the perishable nature of these products, quality may be affected by circumstances outside our reasonable control, including:

  • Temperature;
  • Humidity;
  • Transit duration;
  • Transport delays;
  • Customs inspections;
  • Quarantine procedures;
  • Storage conditions;
  • Weather;
  • Handling after delivery; and
  • Delays caused by third parties or government authorities.

Customers are responsible for following appropriate storage and handling procedures after receiving the products.

12. Damaged, Incorrect or Non-Conforming Goods

Customers must inspect their shipment as soon as reasonably possible after delivery.

Any complaint relating to damaged, incorrect, missing or allegedly non-conforming products should be communicated to Dias Flowers promptly.

Where reasonably required, customers may be asked to provide:

  • Photographs of the products;
  • Photographs of the packaging;
  • Delivery documentation;
  • Batch or shipment information;
  • Quantity affected; and
  • Other information necessary to investigate the complaint.

Because fresh flowers and plants are perishable, delayed notification may affect our ability to investigate the condition of the products.

Where a legitimate claim is accepted, Dias Flowers may, depending on the circumstances and applicable agreement, provide a replacement, credit, refund or another appropriate remedy.

13. Orders, Changes & Cancellations

Customers should submit changes or cancellation requests as early as possible.

Because wholesale flowers and plants may be sourced, imported, prepared, packed or transported specifically for a customer:

  • Orders may not be cancellable once procurement or preparation has commenced.
  • Special-order and imported products may be subject to cancellation charges.
  • Orders already dispatched may not be cancellable.
  • The customer may be responsible for reasonable costs already incurred as a result of the order.
  • International orders may be subject to additional cancellation conditions contained in the quotation or commercial agreement.

Any cancellation will be subject to the specific terms communicated at the time of ordering.

14. Delivery

Delivery arrangements will depend on the agreed quotation, purchase order, delivery terms and destination.

Delivery timeframes are estimates unless a specific delivery commitment has been expressly agreed in writing.

Dias Flowers will not be responsible for delays caused by circumstances outside its reasonable control, including:

  • Traffic;
  • Weather;
  • Transport disruptions;
  • Customs delays;
  • Border delays;
  • Government inspections;
  • Quarantine procedures;
  • Flight cancellations;
  • Port delays;
  • Carrier delays;
  • Supplier shortages; or
  • Other force majeure events.

Customers must provide complete and accurate delivery information.

Additional charges may apply where delivery is delayed because of incorrect information, failed delivery attempts, waiting time, storage requirements or other circumstances attributable to the customer.

15. International Shipping & Risk

For international shipments, the point at which responsibility for the goods, risk and transportation costs transfers between Dias Flowers and the customer will depend on the agreed delivery terms or Incoterm, where applicable.

Where an Incoterm is specified in the quotation, invoice or sales agreement, that Incoterm will determine the relevant allocation of costs, risks and responsibilities.

Customers should ensure that they understand the applicable delivery term before confirming an international order.

16. Payment Terms

Payment must be made according to the payment terms stated on the quotation, invoice or commercial agreement.

Accepted payment methods may include:

  • Cash;
  • EFT bank transfer;
  • Debit card;
  • Credit card;
  • Cheque;
  • Apple Pay;
  • Samsung Pay; and
  • PayPal.

For EFT payments, proof of payment may be requested.

Dias Flowers may require cleared funds before goods are prepared, released or dispatched unless the customer has approved credit or account terms.

Where a customer has been granted an account facility, payment must be made within the agreed credit period.

Dias Flowers reserves the right to suspend further orders where an account is overdue.

17. Pricing

Prices may change due to factors including:

  • Flower market conditions;
  • Seasonal availability;
  • Supplier pricing;
  • Currency fluctuations;
  • Freight costs;
  • Import costs;
  • Export costs;
  • Customs charges; and
  • Other supply-chain costs.

A price is only considered fixed where expressly confirmed in writing for the applicable order or contractual period.

18. Compliance with South African Law

Dias Flowers Import & Export will conduct its import and export activities in accordance with applicable South African laws and regulatory requirements.

These may include applicable:

  • Customs and excise legislation;
  • SARS customs requirements;
  • Plant-health and phytosanitary legislation;
  • Import and export controls;
  • Tax legislation;
  • Consumer protection legislation where applicable;
  • Data-protection legislation; and
  • Other laws and regulations relevant to the specific transaction.

SARS confirms that importers and exporters are subject to customs registration and declaration requirements, subject to applicable exemptions and rules.

19. Compliance with Foreign Laws

For international transactions, the customer and importer must comply with the laws and regulations applicable in the destination country.

Dias Flowers will provide reasonable cooperation and documentation within its control but cannot be responsible for foreign laws, regulatory decisions or requirements that are outside its control.

Where a destination country prohibits or restricts the importation of a particular flower, plant or plant product, Dias Flowers may refuse or suspend the order until the relevant requirements have been clarified and satisfied.

20. Force Majeure

Dias Flowers will not be liable for failure or delay in performing its obligations where the failure or delay results from circumstances beyond its reasonable control.

Such circumstances may include:

  • Natural disasters;
  • Severe weather;
  • Disease or pest outbreaks;
  • Government restrictions;
  • Changes in import or export regulations;
  • Customs or quarantine actions;
  • Border closures;
  • War or civil unrest;
  • Strikes;
  • Transport disruptions;
  • Port or airport closures;
  • Supplier failures;
  • Flight cancellations;
  • International logistics disruptions; or
  • Other events beyond our reasonable control.

Where reasonably possible, Dias Flowers will notify affected customers and work with them to determine an appropriate solution.

21. Limitation of Liability

Dias Flowers will exercise reasonable care in sourcing, handling, preparing and supplying products.

However, Dias Flowers will not be responsible for loss, damage, deterioration, delay or additional costs caused by circumstances outside its reasonable control or by the customer's failure to comply with applicable storage, handling, import, export, customs or regulatory requirements.

Nothing in these Terms & Conditions excludes or limits any liability that cannot lawfully be excluded or limited under South African law.

22. Privacy & POPIA

Dias Flowers respects the privacy of its customers and processes personal information in accordance with applicable South African data-protection laws, including the Protection of Personal Information Act 4 of 2013 (POPIA).

Personal information may be processed for purposes including:

  • Processing orders;

  • Preparing quotations;

  • Managing customer accounts;

  • Processing payments;

  • Arranging deliveries;

  • Coordinating imports and exports;

  • Communicating with customers;

  • Providing customer support;

  • Complying with legal and regulatory obligations; and

  • Other legitimate business purposes.

Personal information will not be sold unlawfully to third parties.

Information may be shared with customs agents, freight forwarders, transport companies, payment providers, government authorities and other service providers where reasonably necessary to fulfil an order or comply with legal obligations.

23. Electronic Communication

By providing contact details, customers agree that Dias Flowers may communicate with them regarding quotations, orders, invoices, deliveries, customs documentation, product availability and other business-related matters.

Marketing communications will be handled in accordance with applicable law and customer preferences.

24. Intellectual Property

All website content belonging to Dias Flowers Import & Export, including logos, photographs, text, graphics, product descriptions and other materials, remains the property of Dias Flowers or its relevant licensors.

No material may be reproduced, copied, modified, distributed or commercially used without prior written permission.

25. Governing Law

These Terms & Conditions are governed by the laws of the Republic of South Africa.

Where an international transaction is governed by a separate written contract, the governing-law and dispute-resolution provisions contained in that agreement will apply.

26. Amendments

Dias Flowers Import & Export reserves the right to amend these Terms & Conditions from time to time.

The version published on the website at the relevant time will apply to future transactions, subject to any existing written agreement or contractual terms already accepted by the parties.

27. Contact Details

Dias Flowers Import & Export

📍 3 Marjorie Street
City Deep
Johannesburg
South Africa

📞 067 668 1068
📧 info@diaswholesaleflowers.co.za

🕒 Open 24 Hours a Day
7 Days a Week

For wholesale fresh flowers, bulk flower orders, wholesale pot plants, flower imports, flower exports and international commercial supply enquiries, please contact Dias Flowers Import & Export directly.