Terms of service

Terms and Conditions of Service

Last Updated: August 2026

Welcome to our online store (the "Site"). This website is owned and operated by ANOVA Burst CC. Throughout the site, the terms “we”, “us” and “our” refer to ANOVA Burst CC.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

These Terms are structured to comply fully with the Electronic Communications and Transactions Act, No. 25 of 2002 ("ECTA"), the Consumer Protection Act, No. 68 of 2008 ("CPA"), and the Protection of Personal Information Act, No. 4 of 2013 ("POPIA") of the Republic of South Africa.

1.      Online Store Terms & Eligibility

By agreeing to these Terms, you represent that you are at least 18 years of age, or that you are the age of majority in your province of residence and have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction. A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

2. ECT Act Disclosures (Section 43)

In accordance with Section 43 of the South African Electronic Communications and Transactions Act (ECTA), our operational details are disclosed as follows:

  • Full Name and Legal Status: ANOVA Burst CC
  • Registration Number: 1992/014153/23
  • Physical Address: Uvongo,Margate KwaZulu Natal 4270
  • Main Business Description: Online retail of live plant specimens and botanical goods.
  • Official Email Address: anovaburstcc@gmail.com

 

3. Pricing, Product Display, and Live Specimen Variance

  • Currency: All prices displayed on our website are quoted in South African Rand (ZAR).
  • VAT: Prices are exclusive of Value Added Tax (VAT) as dictated by South African tax laws.
  • Live Specimen Variance: Plants are living organisms. You acknowledge that the item delivered may vary naturally in shape, size, colour, leaf count, and appearance from the stock images displayed on our Site. Minor leaf dropping, cosmetic blemishes, or slight transit stress are normal biological reactions and do not constitute a product defect.
  • Pricing Errors: In accordance with the CPA, if an obvious, inadvertent, and blatant pricing error occurs on our site, we are not bound to provide the product at the incorrect lower price, provided we correct the error and notify affected customers before a sale is finalized.

 

4.      Payment Gateways and Security

Payment can be made via our authorized third-party payment gateways: Payfast and Payflex.

  • By submitting an order, you warrant that you are fully authorized to use the chosen payment method.
  • All credit/debit card transactions and Buy-Now-Pay-Later (BNPL) options are securely processed off-site by our service providers. We do not store your financial data or card numbers on our Shopify servers.

 

5.      Shipping, Dispatch Protocols, and Risk (CPA Section 19 Compliance)

We deliver across South Africa using our third-party logistics partners such as RAM Couriers, The Courier Guy, and Fastway Couriers.

  • Dispatch Strategy: To ensure plant health, we reserve the right to manage dispatch dates dynamically (e.g., holding shipments until a Monday/Tuesday) to prevent live plants from being held in courier depots over weekends or public holidays.
  • Risk Transfer: In accordance with Section 19 of the CPA, the risk of transit damage or loss remains with us until the package is handed over to you or your designated representative at your stated delivery address. Once the courier tracking system marks the package as successfully "Delivered" or signed for, all risk transfers entirely to you.

 

6.      Cooling-Off Period ECTA Exceptions (Section 44)

Please note that under Section 44 of ECTA, the standard electronic 7-day cooling-off period does not apply to perishable goods.

  • Because live plants are highly perishable biological specimens that degrade rapidly without highly specific care, light, and water conditions, they qualify as perishable items.
  • Consequently, sales of live plants are final once dispatched, and they cannot be returned simply due to a change of mind.

 

7.      CPA Warranties and Strict 24-Hour Reporting Window (CPA Section 55 & 56)

All items purchased carry an implied statutory warranty of quality under Section 56 of the CPA, strictly bounded by the perishable nature of live flora:

  • Immediate Unboxing Obligation: You are contractually obligated to unbox your plants within 24 hours of courier delivery. Leaving live specimens in sealed boxes voids our capability to assess transit damage versus post-delivery environmental suffocation.
  • Strict Reporting Window: Any claim that a plant arrived dead, severely infected, or structurally destroyed by the courier must be submitted via email within 24 hours of successful delivery.
  • Evidentiary Requirements: Your claim must include clear, unedited photographic or video evidence of the plant, the root system, and the original packaging.
  • Exclusions from Liability: We explicitly do not accept liability for plant decline, shock, or death occurring after delivery due to consumer neglect, overwatering, underwatering, immediate repotting shock, improper light exposure, or failure to follow the care instructions provided.

 

8.      Direct Marketing Opt-Out

Any direct marketing communications (newsletters, promotional SMSs) sent to you will be strictly managed under POPIA and CPA boundaries. You have the right to opt-out at any time via the "Unsubscribe" links provided or by adjusting your customer account settings. Marketing messages will only be delivered during the legal operational hours permitted by the CPA.

9. Governing Law

These Terms and Conditions, as well as any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the South African courts.

10. Contact Information

Questions about these Terms and Conditions should be sent to us at: