Giftwrap Tems & Conditions
1.1 All orders are subject to the Terms and Conditions and the user will be bound by the terms and conditions as soon as an order is submitted.
1.2 These Terms and Conditions shall further apply to and be binding to all customers making online purchases via www.giftwrap.co.za, to all customers placing orders, to all persons submitting any personal information on the website or using the website in any way whatsoever.
1.3 Any customer acting on behalf of a natural or legal person hereby concedes that he or she has the authority to act in such capacity and the natural or legal person so represented shall be bound by these Terms and Conditions.
2. OWNERSHIP OF THIS WEBSITE AND ITS CONTENT
2.1 The website is owned and operated by Giftwrap. All elements of the website, including but not limited to the images, text, databases, icons, hyperlinks, software, private information, photographs, graphics, illustrations, artwork, design, names, logos and trademarks (collectively, the "content"), are protected by copyright, trademark, design and other South African and international laws relating to intellectual property.
2.2 The customer may download, view and print content from the website for private and non-commercial purposes. No portion or element of the website or the content contained thereon may be reproduced or transmitted via any means. The website, its content and all related rights shall remain the exclusive property of Giftwrap.
2.3 Email addresses, names, telephone numbers and fax numbers appearing on the website may not be incorporated into any database or used for any marketing or other purposes whatsoever.
3. LEAD TIME
3.1 The lead time on unbranded stock for South African products is between 48 to 72 hours.
3.2 The lead time on South African manufactured branded products is a minimum of 10 to 15 working days after signing off on art work.
3.3 The lead time for imported products with air freight is 30 to 45 working days and sea freight 75 to 90 days.
3.4 The lead time for art work approval will take approximately 2 to 3 'working days.
3.5 Calculation of the lead time will commence upon cleared payment in Giftwrap's account and subject to the following conditions:
3.5.1 the word "cleared" refers to visible and available funds in Giftwrap's bank account.
3.5.2 no products will be released without full cleared payment in Giftwrap's account; and
3.5.3 should Giftwrap agree in writing to a shorter lead time, a surcharge of 20% will apply and Giftwrap is hereby expressly indemnified from the quality or correctness of the product.
3.6 Subject to clause 6 of these terms and Conditions, Giftwrap in its sole and absolute discretion reserves the right to accept or reject the cancellation of any order as set out above.
3.7 Subject to clause 10.6 and in the event that Giftwrap accepts a cancellation as per clause 3.7 above, Giftwrap shall in its absolute and sole discretion decide whether or not a refund is applicable and in any event if such refund is applicable, Giftwrap shall deduct from such refund all expenses and/or costs incurred by it.
3.8 Giftwrap shall not be responsible for flight or custom delays on imported items or exported products. Giftwrap cannot be held responsible for delays on delivery of goods, loss of goods or other damages caused to the goods for whatsoever reason including but not limited to the force majeure, war, civil riots or acts or terrorism within the Republic of South Africa or in the country where the goods are manufactured, despatched from, to be delivered or in transit.
3.9 Should the user fail to take possession of the product within 60 days after notice have been given that the product is ready for collection, Giftwrap will be entitled to sell the product without any further notice to recover damages or expenses incurred.
4.1 Quotations become binding as soon as the customer accepts the quotation in writing and Giftwrap confirms the customer's acceptance in writing, subject thereto that the quoted amount will be adjusted in accordance with any increase in currency until such time that the customer effects full payment (regardless whether any deposit was received by Giftwrapprior to such full payment) the customer shall bear the risk of a price increase due to such currency fluctuation.
4.2 Until such time that quotations become binding as contemplated in clause 4.1 above, quotations are subject to the availability of input goods or services and subject to correction of good faith errors by Giftwrap, and the prices quoted are subject to any increase in the cost price including currency fluctuations to Giftwrap. Giftwrap reserves its right to revise or cancel any quotation until such time that it becomes binding.
4.3 In the event that quotations are revised in accordance with clause 4.2 above, such revised quotation shall be sent to the customer, but it remains the customer's sole responsibility to ensure if any revisions were made before a quotation is accepted, excluding price changes due to currency fluctuations after quotation acceptance in which event the customer will not be informed .
4.4 In the event of the customer disputing the amount of the cost increase in clause 4.2 above, the said amount may be certified by an independent auditor and such certificate amount shall be final and binding on the customer.
4.5 If a quotation is not accepted by a customer within 5 (five) business days from the date the quotation was provided to the customer, the quotation will become invalid and it will be the customer's sole responsibility to request a new quotation.
4.6 Giftwrap requires a 50 % deposit on all orders of branded goods upon signature of these terms and conditions.
4.7 Giftwrap shall not be liable for any loss and/or damage suffered by the customer whatsoever in the event that quotations are revised in accordance with this clause 4.
5. IMPORTED AND EXPORTED GOODS
5.1 All export taxes shall be for the customer's account.
6. CONSUMER PROTECTION ACT, ACT 68 OF 2008
6.1 This clause shall only be applicable to customers that fall within the scope and ambit of the consumer protection act, act 68 of 2011 ("the act") in terms of section 5 (five) of the act.
6.2 In the event that goods are ordered for the benefit of a natural person, a customer shall be entitled to cancel any order without any cancelation penalty, if such cancelation is as a result of the death or hospitalization of the natural person for whose benefit such goods where ordered, unless the goods ordered are branded goods or imported goods, in which event Giftrwrap shall be entitled to charge a cancelation penalty equal to all disbursements and other expenses that Giftrwarp have incurred with regard to the branding or import of such goods as well as 10 % of the original quoted amount (the reason for the exclusion of branded goods and import goods is due to the fact that such goods fall within the ambit of the definition of special order goods in terms of the consumer protection act, act 68 of 2008 and the aforementioned act specifically allows for special order goods to be excluded in such regard).
7. ART WORK APPROVAL FORM AND DELIVERY NOTES
7.1 Art work approval forms and delivery notes form part of these Terms and Conditions and are in no way severable from the remainder of the clauses of these Terms and Conditions.
8. ARTWORK FEES
8.1 Subject to clause 6 of these Terms and Conditions, no cancellation of orders will be accepted from customers, once final approval of artwork has been received.
8.2 The customer is to ensure that proof of payment has been received by its account consultant. Giftwrap cannot take responsibility for missed deadlines if payment has not been confirmed with the account consultants.
8.3 Delivery dates are quoted from the day after artwork approval and receipt of cleared payment, whichever date is the latest.
8.4 Amendments made to artwork approvals will result in the delay of the delivery date. Should the customer require amendments Giftwrap will issue a new layout for final approval before production commences. (Amendments to layout can take up to one day to generate).
8.5 In the event that a customer wants to make amendments to artwork after artwork approval and without prejudice to any right Giftwrap may have, including any claim for damages, the customer shall be liable for all Giftwrap's expenses incurred up to the date that such changes are requested in writing. Such payments must be made before production commences.
9.1 The buyer and/or Seller at times utilizes the services of a courier company. The parties agree that the seller is not responsible for any damages or shortages die to the negligence of an act of omission or commission to the part of the courier. Delivery will be deemed to have occurred and liability will pass to the buyer when their appointed courier collects the goods at the sellers premised in Pretoria or in Cape Town. Should the buyer request that the seller transport the goods to the buyer at an address nominated by the buyer, it shall be deemed that the seller is acting as an agent for the buyer in affecting such transport and it shall be deemed that delivery shall have passed to the buyer at the sellers premises in Pretoria or Cape Town.
10. FORCE MAJEURE
10.1 Should Giftwrap fail to comply with any of the provisions herein contained by reason of "force majeure" such failure shall not be regarded as a breach of such provisions of these Terms and Conditions. For the purpose of these Terms and Conditions, Force Majeure shall include but not be limited to events beyond Giftwrap's control, such as acts of God, floods, fire, industrial unrest, strikes, acts of war or sabotage, insurrection, riot or civil disorder, decree, law or regulation of any government or governmental agency which may materially impede or prevent Giftwrap's performance in terms of these Terms and Conditions.
10.2 In the event of the occurrence of a Force Majeure as herein defined, the Giftwrap's performance in terms of these conditions shall be suspended until the removal of such Force Majeure. If, however, such Force Majeure shall persist for a period exceeding 1 (one) month, the Parties shall consult each other regarding the appropriate steps to be taken to achieve the purpose of these Terms and Conditions or to terminate the agreement.
11. SPECIAL IMPORT SAMPLE POLICY
11.1 Unfortunately Giftwrap do not hold stock of any samples. All samples need to be purchased as per normal orders stated above and may not be returned for credit or refund at any stage and there is a R100 handling fee applicable.
12. GOODS FOR PRIVATE USE
12.1 In the event that goods are being purchased for private use, it is the customer's sole responsibility to inform Giftwrap of same.
12.2 If goods are being purchased for private use, it is the customer's sole responsibility to approve a sample of the goods, before the final goods are supplied to the customer.
12.3 In the vent that the customer fails to comply with the provisions of clause 12.1 above and/or renounces its right to approve a sample as contemplated in clause 12.2 above, the provisions of the Consumer Protection Act, Act 68 of 2008, shall not apply to the customer.
13. RETURN POLICY
13.1 Subject to clause 6 of these Terms and conditions, Giftwrap determines that they will not accept returned products. Any acceptance of returned products are at the sole and absolute discretion of Giftwrap, and subject to the following conditions:
13.1.1 no claims will be recognised and/or accepted if made later than 7 days after receipt of the goods in writing;
13.1.2 Giftwrap will under no circumstances accept the return of branded goods, nor be responsible for the quality and correctness of the art work;
13.1.3 goods will not be deemed refundable if instructions have not been followed;
13.1.4 no returns will be accepted on branded goods, artwork, imported goods, custom made goods and/or goods if instructions were not followed;
13.1.5 all returns on unbranded stock will be subject to a 30% handling fee; and
13.1.6 all costs resulting from transport of returned goods will be for the account of the customer.
13.1.7 all returnable goods shall be returned by the customer or the customer's duly authorised representative to Giftwrap's premises, with its physical address at Persequor Techno Park,Meiring Naude Street,Apex Corporate Park,Block E,Pretoria East.
14. FAILURE TO TAKE POSSESSION
14.1 Subject to 14.2 below, in the event of customer failing to take possession of goods within a period of 14 days after notification that the goods are ready for collection the customer will be liable to pay a penalty amount of R 1000.00 per day.
14.2 should the customer fail to take possession within 60 days from notification that the goods are available for collection, Giftwrap reserves the right to sell the goods and apply any proceeds received by such sale to settle any outstanding penalty amount referred to in 14.1 above and any additional outstanding fees payable by the customer to Giftwrap.
14.3 in the event of Giftwrap selling the products in terms of 14.2 the customer forfeits its right to claim specific performance and/or damages.
15. LIMITATION OF LIABILITY, DISCLAIMERS AND INDEMNITY
15.1 Giftwrap hereby notifies the customer that clauses 15.2 to 15.12 are aimed at limiting the risk of Giftwrap and/or constitutes an assumption of risk and/or liability by the customer and that the content of said clauses are drawn to the attention of the customer. It is, further, recorded that the customer had a reasonable opportunity to consider the applicable notification.
15.2 Giftwrap shall use its best endeavours to ensure that the information or use of the Website, alternatively other marketing material used shall not lead to any damage to the client and any use of the Website or marketing material shall be at the client's discretion and/or risk
15.3 Whilst Giftwrap shall take every care to ensure that all reasonable efforts are made relating to the quality of products and services, such products and/or services can be affected by factors outside Giftwrap's control, Giftwrap accepts no liability save as stated herein.
15.4 Subject clause 6 of these Terms and Conditions, no guarantee is given as to the suitability of goods sold for any particular purpose and the customer must satisfy itself as to the suitability of goods for the purpose for which the goods are required prior to the purchase of same from Giftwrap.
15.5 Giftwrap's liability for any goods, which prove to be defective, shall be limited to replacing the defective goods or, at the customer's discretion, passing a credit note for the amount equivalent to the purchase price of the goods. In no circumstance will Giftwrap be responsible for any consequential damage of any nature, which may arise out of the goods being defective in any way whatsoever.
15.6 In so far as products supplied may be hazardous and/or unsafe it is recorded that the customer undertakes to consider, read and obey any and all notices displayed on or with supplied with said packaging, and the customer further undertakes and acknowledges not to use said products in a manner other than directed and Giftwrap shall not be held liable for any loss and/or damage whatsoever in the event that such notices were not followed by the customer.
15.7 The customer herewith agrees to and hereby indemnifies Giftwrap against any and all claims, liabilities, losses, cost, fines, damages, and expenses incurred (whether directly or indirectly), arising as a result of the fact that Giftwrap has acted on the customer's instructions or instructions which purport to emanate from the customer.
15.8 Giftwrap shall not be responsible for flight, transport or custom delays on imported or exported goods.
15.9 Giftwrap shall not be liable for the correctness of artwork.
15.10 Giftwrap shall not be responsible for and the customer shall indemnify Giftwrap against all claims for the injury, death and/or financial harm suffered by any person and/or loss or damage to property whatsoever caused by the goods in any way whatsoever.
15.11 Giftwrap shall not be liable under any circumstances whatsoever for any direct, indirect, incidental, or consequential damages whatsoever, whether foreseeable or unforeseeable, based on any claims or arising out of or in any way connected with the use of or inability to use the website, or the services or content provided on or through the website, whether based on contract, delict, strict liability or otherwise.
15.12 The website has not been developed to meet any customer's individual requirements. it is therefore the customer's sole responsibility to ensure that the website is compatible with the customer's electronic hardware and/or software and Giftwrap shall in no way be held liable for any loss and/or damage suffered by the customer whatsoever, as a result of incompatible hardware and/or software.
16.1 The client hereby warrants that all the information and instruction provided by the client is accurate, true and complete in all respects.
16.2 Any waiver of rights by Giftwrap or the client in terms of these Terms and Conditions must be in writing to be effective. No failure or delay on the part of Giftwrap or the client in exercising any right of remedy under these Terms and Conditions will operate as a waiver of that right or remedy.
16.3 You may not cede or delegate any rights or obligations in terms of these Terms and Conditions without the prior written consent of Giftwrap.
17. DISPUTE RESOLUTION AND JURISDICTION
17.1 Should any dispute or proceedings arise in connection with any matter related to these Terms and Conditions, the customer and Giftwrap consent to the jurisdiction of the Magistrate's court having jurisdiction, notwithstanding that such disputes or proceedings are otherwise beyond its jurisdiction. Giftwrap and the customer nevertheless have the right to institute action in any other competent court.
18.1 The signatory hereby binds himself in his personal capacity as shareholder, member, owner, partner or proprietor as co-principle debtor jointly and severally for the full amount due to Giftwrap and agrees that this agreement will apply in the same way to him.
19. GOVERNING LAW
19.1 These Terms and Conditions will be governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to any principles of conflicts of laws.
20.1 Regardless of how the clauses are grouped together, each clause shall be severable from the other and should any clause or part thereof be found to be unlawful or unenforceable for any reason whatsoever, the remainder of these terms and conditions will continue in full force and effect with the exclusion of such unlawful or unenforceable clause.
21.1 Giftwrap reserves its right to amend these Terms and Conditions at any time and without prior notice to customers.
21.2 Any such amendments shall take effect immediately.
21.3 It shall be the customer's responsibility to regularly review these Terms and Conditions and Giftwrap shall not be liable for any loss and/or damage suffered by the customer as a result of such amendments.