GIFTS & APPAREL
TERMS AND CONDITIONS
GENERAL
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement, unless the context otherwise indicates:
• the singular shall include the plural and vice versa;
• words indicating one gender shall import and include the other genders;
• the headings to this Agreement are used for the sake of convenience and shall not govern the interpretation hereof.
1.2 “G & A” shall mean GIFTS AND APPAREL (CIPC reservation number: 9172363033).
1.3 “You” or “Your” shall mean the person who logged into the Website using the relevant user name and password, or any person who can reasonably be associated with the relevant user name and password on the Website, or any person who receives, or expects to receive, any goods from G & A, or any persons or entities residing at the physical address or e-mail address implied during the course of any correspondence with G & A.
1.4 “G & A Systems” shall mean all processes or means (regardless of whether they are electronically automated, manually enabled or provided by any third parties), that are used by G & A to capture information, provide information to you or third parties, deliver goods, process payments, keep records, or ensure continuity of the services or products offered by G & A.
1.5 “the Website” shall mean the Internet website accessible using the Internet URL https://www.giftsandapparel.co.za/ any /all Links attached thereto.
1.6 “the Supplier” shall mean any third party entity or organisation whose goods are offered by G & A for sale to you.
1.7 “the Goods” shall mean any and all products offered by G & A to you during the course of this Agreement.
1.8 “the Delivery Address” shall mean information supplied by you that is used by G & A to describe the physical location where the Goods should be delivered to in fulfilment of this Agreement.
1.9 “Working Day” or “Working Hours” shall mean the period from 08:00 to 17:00 daily excluding Saturday, Sundays and public holidays in the Republic of South Africa.
2. AGREEMENT
2.1 An agreement of sale shall not come into effect until the total funds due are irrevocably deposited into the bank account of G & A or a credit card authorisation is received from the issuing bank and/or where we have confirmed your order to you in writing.
2.2 Subject to the provisions hereof, the elected G & A courier company shall deliver the Goods, in a new and unused state, to the Delivery Address, for the amount paid by you, which shall be payable in advance. The Goods shall be as specified by a valid order generated by G & A Systems.
2.3 The placement of an item in a shopping basket without completing the payment shall not:
• be an agreement of sale between you and G & A. G & A shall not be liable in respect of Goods that are no longer available when the order is completed;
• be an order for such Goods; and G & A may remove such item from the shopping basket at any time if no stock is available.
2.4 You agree to provide to G & A, on request, with all information and proof required for G & A to meet its obligations in terms of this Agreement, including but not limited to, the your identity, physical, delivery and e-mail addresses, contact phone numbers, and if necessary bank account and credit card information.
3. STOCK AVAILABILITY
3.1 Stock of all Goods is limited and G & A shall take all reasonable steps not to offer those Goods which are no longer in stock.
3.2 However, should Goods which are no longer in stock still be offered in error, G & A shall only be liable to refund the amount paid by you at the time of placing the order as stated in clause 13.
4. ELECTRONIC COMMUNICATIONS
4.1 When you visit the Website or communicate with G & A electronically, you consent to receiving communications from G & A electronically in accordance with our Privacy Policy. All agreements, notices, disclosures and other communications sent by G & A will satisfy any legal requirements, including but not limited, to the requirement that such communications should be in writing.
5. HYPERLINKS
5.1 Hyperlinks provided on this Website to third party websites are provided as is and these third party websites are not under the control of G & A and by making these links available, G & A is not endorsing these third-party websites, their content, goods, services or the owners.
5.2 It is your responsibility to ensure that you read the terms and conditions, privacy and security policies on such third-party websites. G & A will not be liable for any loss or damage you suffer, whether directly or indirectly, as a result of your use of third-party websites and/or software. You agree that where you access third party websites you do so entirely at your own risk.
6. PRICES
6.1 G & A shall take all reasonable steps to ensure that correct prices are maintained on the Website. In the event that errors occur and the Goods are offered at incorrect prices, G & A shall not be obliged to sell the Goods at such incorrect prices and shall only be liable to refund that amount paid by you for the Goods.
7. VALUE-ADDED TAX
7.1 All prices are exclusive of Value-Added tax unless otherwise expressly provided. The provisions of the Value-Added Tax Act, No. 89 of 1991 and subsequent amendments are applicable.
8. DELIVERIES
8.1 G & A has appointed a courier service company to attend to the delivery of the Goods purchased via the Website.
8.2 A quote for Cost of Delivery will be included in the Goods quote should it be so specified.
8.3 Deliveries are restricted to delivery addresses within the Republic of South Africa.
8.4 Delivery occurs when the duly appointed courier company delivers the Goods to you, or any person accepting delivery on your behalf claiming to represent you, at the specified Delivery Address. The Delivery Note, generated by G & A’s appointed courier company will serve as sufficient proof of such delivery. G & A is not responsible for any loss, theft or unauthorised use of the Goods, after it has been delivered to the specified Delivery Address.
8.5 You agree that the courier company will conclude that any person accepting delivery on your behalf at the specified Delivery Address is duly authorised to receive the Goods. The appointed courier company shall not be liable for any loss or liability whatsoever incurred in this regard.
8.6 If you do not inform us that you have not received your order, within 7 (seven) Working Days after the Delivery Note date, or the delivery date quoted to you in the absence of a Delivery Note, you are deemed to have received and accepted the Goods.
8.7 G & A relies solely on the Delivery Address you have given us and shall not be liable for incomplete, inaccurate or out of date information provided by you. The specified Delivery Address, your contact information or any other information required by G & A from you in order to meet the terms of this Agreement. You hereby accept sole responsibility for ensuring that you provide G & A with accurate and up to date information whenever you transact with us.
8.8 If, for any reason, G & A is unable to deliver the Goods to you at the first attempt, G & A will attempt to contact you using the contact information you gave us and G & A will use its best endeavours at one additional attempt to deliver the Goods to you. If this attempt also fails, for any reason, G & A shall cancel the order and refund you the amount you paid for the Goods subject to Cancelation Handling Fees as specified in Clause 13.
Should you cancel the order whilst en route, then you will be liable for the cancellation as specified in the returns process in clause 13 including Delivery Costs.
9. PAYMENT
9.1 All amounts payable in terms of this Agreement shall be payable in advance. No order will be processed without irrevocable proof of payment. No Goods will be delivered until payment has been received in full.
9.2 All payments shall be via valid South African MasterCard or VISA credit card or EFT to the Account of Gifts & Apparel details of which are on the G & A Quote and Invoice.
9.3 In the unlikely event that any Goods delivered are not paid for in full, or if payment has been reversed after delivery for any reason whatsoever, you agree that those Goods remain the sole property of G & A and will be returned to G & A immediately on demand, in an unused condition, with all original packaging and documentation. Any costs for damaged or used Goods, damage to packaging, or the cost of transporting or seizing those Goods will be payable by you on demand.
9.4 G & A reserves the right at any time during the delivery process, up until the Goods are physically delivered to you, to cancel your order for any reason whatsoever. In the event that you have already paid for the Goods before the order was cancelled, G & A shall ensure that all amounts paid by you for that cancelled order are re-paid in full, no later than 14 (fourteen) Working Days or as determined by your bank, after you are notified that the order has been cancelled. G & A undertakes, where possible, not to process the payment of any cancelled orders, and/or, in any event, to refund in full, any cancelled orders that have been processed.
9.5 All legal costs are as between attorney and own client incurred by G & A in enforcing or defending any of its rights in terms of this Agreement shall be payable by you, whether incurred by G & A prior to or during institution of legal proceedings or if judgment has been granted in connection with the satisfaction of such judgment, and shall be payable on demand.
10. ERRORS AND OMISSIONS
10.1 G & A shall take all reasonable efforts to accurately reflect the description, specifications, availability, purchase price, image and delivery charges of the Goods or Services on the Website. Should there be any errors or omissions of whatever nature on the Website G & A shall not be held liable for any loss, claims or expenses relating to such errors and omissions.
11. WARRANTY
11.1 G & A does not offer any warranty whatsoever on any Goods sold. All Goods are provided with the Supplier or manufacturer's warranty only, if applicable. In the event that you believe that the Goods may be defective and qualify for a claim against the Supplier or manufacturer’s warranty as the case may be, G & A shall deal directly with the particular Supplier.
11.2 Guarantees are immediately null and void if Goods has been tampered with, warranty stickers have been removed, and seals on Goods have been broken by anyone other than the Supplier’s or manufacturer’s representative.
12. GOODS LOST OR DAMAGED IN TRANSIT
12.1 If you believe that your Goods were either lost or damaged in transit, you must notify G & A no later than 5 (five) Working Days of the Goods being received or being perceived overdue.
12.2 In the case of damaged Goods, the unused Goods must be returned to the Supplier as soon as possible with all associated packaging and documentation, the reasonable costs e.g. handling fee will be borne by G & A, provided that your claim is valid. G & A as well as the Supplier reserve the right, at its sole discretion, to reject such Goods returned, if it is reasonable to believe they were not in fact damaged in transit.
13. EXCHANGES, RETURNS, REFUNDS & CANCELLATIONS
*Subject to the provisions of the Consumer Protection Act (CPA) and Electronic Communication and Transactions Act (ECTA), when and if applicable:
13.1 Exchanges, Returns and Refunds Policy for Electronic Goods and Fitness Devices
*Cool Off period is 7 days from when the Goods are delivered.
**Handling Fee = 15% of the value of the Goods (should you return the Goods to G & A, 15% of the retail value of the Goods will be charged.
Condition Within *Cool off Period Outside of Cool Off period Charges
Goods sealed and in Refundable Non Refundable **Handling Fee
the original packaging
Goods not sealed; not used Refundable Non Refundable **Handling Fee
used and not personalised
Goods not sealed and used Non Refundable Exchange Non Refundable Exchange **Handling Fee
/ replace if Goods received / replace if Suppliers
are defective warranty still valid
13.2 Exchanges, Refunds and Returns Policy for Non-Electronic Devices
*Cool Off period is 7 days from when the Goods are delivered.
**Handling Fee = 15% of the value of the Goods (should you return the Goods to G & A, 15% of the retail value of the Goods will be charged.
Condition Within *Cool off Period Outside of Cool Off period Charges
Goods sealed and in Refundable Non Refundable **Handling Fee
the original packaging
Goods not sealed; not used Refundable Non Refundable **Handling Fee
used and not personalised
Goods not sealed and used Non Refundable Exchange Non Refundable Exchange **Handling Fee
/ replace if Goods received / replace if Suppliers
are defective warranty still valid
• Refunds will take up to 14 (fourteen) Working Days to reflect in your bank account however this will always been dependent on your bank. Faulty Goods will be returned to the Supplier for assessment as detailed in clause 13 of this Agreement. Goods will either be fixed or exchanged/replaced. Your Goods will be couriered to the Supplier for assessment. Assessment of the Goods will take up to 15 (fifteen) Working Days. A Handling Fee may be payable by you.
• G & A provides for an online credit to be utilised on the Website when you request for a refund.
• Strictly no cash refunds. Refunds will be paid into the bank account from which the goods were purchased. Refunds will only be processed via EFT’s. All refunds will be made into a valid South African MasterCard or VISA credit card. G & A will only refund Goods.
13.3 Voucher Refunds
• Vouchers may not be cancelled or refunded for any reason whatsoever. A voucher cannot be exchanged for cash or for Gifts & Apparel Online Shop credit. Vouchers are valid for 1 (one) year from the date of issue. The voucher will expire either on redemption for the full value or 1 (one) year after the date on which it was issued. G & A may at its sole discretion and by your written request resend the voucher to you.
13.4 Cancellations
• An order can only be cancelled if such order has not yet been processed and is not en route to you (subject to track and trace). If the Goods have already been processed it will follow the ‘Returns’ process detailed in clause 13 above.
13.5 Goods that cannot be Exchanged, Returned, Refunded
• Digital Goods such as an eBook or electronic voucher including airtime.
• Newspaper, periodical, magazine or book which you have received;
• Beauty product or fragrance which has been opened;
• Product which has been personalised for you or made to your specifications;
• Product which you have personalised after receiving or
• Goods that have been assembled after delivery.
14. DISCLAIMER FOR LIABILITY
14.1 Save for the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither G & A nor any of its agents, representatives or employee’s shall be jointly or severally liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Website, the services or content provided from and through it. In addition, G & A makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from the Website are free from errors or omissions or that the service will be completely uninterrupted and error free.
14.2 You shall have no claim against G & A and you hereby indemnify and hold G & A harmless and free from liability in respect of any loss, damage or cost caused by or arising from:
• Any fact or circumstances beyond the reasonable control of G & A; specifically including, but not limited to, acts of God or Force Majeure or;
• Any downtime, outage, interruption in or non- availability of any of the services of the G & A’s Systems and infrastructure;
• Any infringement of your rights of privacy, constitutional and/or any other like rights (including those of any other person or entity), arising from the supply of Goods provided in terms of this Agreement;
• Any breach of security by any third party or any breach of confidentiality by a third party or otherwise arising from any access howsoever obtained by a third party to your information, data or content;
• The damage, contamination or corruption of any kind of your data, material, information and/or content howsoever occasioned;
• Without limiting the foregoing, any fact, cause or circumstances whatsoever and howsoever arising if G & A has substantially performed its obligations under this Agreement.
• Any Goods, specifications or images that may have subsequently changed, or have been erroneously represented by G & A in any way;
• Following the advice offered by G & A with regard to the suitability of any Goods for any purpose. Such advice is offered as a guide only, and G & A does not warrant that any Goods sold are fit for any purpose whatsoever.
• You use or inability to use any Goods sold on this Website.
14.3 Notwithstanding anything to the contrary contained in this Agreement or in any addendum or annexure to this Agreement, you shall have no claim against G & A and you hereby indemnify and hold G & A harmless and free from liability in respect of any loss, damage or cost which is indirect, consequential or incidental in nature.
14.4 G & A reserves the right to take whatever action it deems necessary and fit at any time to preserve the security and reliable operation of G & A Systems and you undertake that you will not do or permit anything to be done which will compromise the security of G & A’s Systems.
14.5 On no account will the full extent of G & A’s liability to you, in the event of lost or damaged goods, exceed the original order amount for those Goods.
15. INTELLECTUAL PROPERTY
15.1 All the images, content, trademarks and data of this Website, including but not limited to, software, databases, icons, hyperlinks, private information, designs and agreements are the property of, or licensed to, G & A .
15.2 You shall not be entitled to use any of the images, content, trademarks, logos, brand names, domain names or other marks of G & A or any of its associates, without the prior written approval of G & A.
16. CESSION, DELEGATION OR ASSIGNMENT
16.1 G & A shall be entitled to cede, assign, transfer or delegate all or any of its rights or obligations under this Agreement to an affiliate of G & A or to any third party.
17. DOMICILIUM
17.1 The parties choose specific addresses for the purposes of giving any notice, the payment of any sum, the service of any process and for any other purpose arising from this Agreement. In your case, the physical address you provide with your registration information and in the case of G & A, the physical address given in the “Contact Us” page of the Website.
17.2 Any notice in terms of this Agreement shall be valid and effective only if in writing.
17.3 Any notice given and any payment made by one party to the other (“the addressee”) which: – is delivered by hand during the normal business hours of the addressee at the addressee’s specified physical address for the time being shall be presumed, until the contrary is proved, to have been received by the addressee at the time of delivery;
– is posted by prepaid Specified post from an address within South Africa to the addressee at the addressee’s specified physical address for the time being, shall be presumed, until the contrary is proved, to have been received by the addressee on the 7th (seventh) Working Day after the date of posting;
– is transmitted by fax or e-mail shall be deemed (in the absence of proof to the contrary) to have been received the day after transmission, provided that where it is transmitted outside of normal Working hours, it shall be deemed to have been received by the close of business on the next business day.
18. SECURITY
18.1 Any person that delivers or attempts to deliver any damaging code to the Website, attempts to gain unauthorised access to the Website and any malicious use of the Website shall be prosecuted and civil damages shall be claimed in the event that G & A suffers any damage or loss.
18.2 You agree and warrant that your user name and password shall:
• be used only by you and
• not be disclosed to any third party.
18.3 You agree and understand that G & A shall take all reasonable precautionary steps to ensure the integrity and security of the Website and back-office applications.
19. CHANGES TO AGREEMENT
19.1 G & A may, in its sole discretion, change this Agreement or any part thereof at any time without prior notice.
20. DISPUTES
20.1 Any dispute of any nature whatsoever arising between the Parties on any matter relating to this Agreement that is not resolved through the normal Gifts & Apparel complaints resolution process shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Sandton. The arbitration rules may be downloaded from the AFSA website at http://www.arbitration.co.za/pages/default.aspx
21. LEGAL MATTERS
21.1 G & A may, at its sole discretion and at any time, amend these rules and any business rules associated with them in anyway. These amendments may include, but are not limited to, changes to the amounts and percentages referred to in the Gifts & Apparel Programme rules. We will give you reasonable notice of any changes in the Gifts & Apparel Programme rules by publishing the details on the Website or disclosing the information in any other way that we determine at our discretion.
21.2 G & A may at its sole discretion decide on who may participate in the Gifts & Apparel Programme.
21.3 All Gifts & Apparel benefits take into account applicable legislation and recognised legal practices. If the applicable legislation or legal practices change, we reserve the right to adjust the benefits accordingly.
21.4 You agree that all information supplied by G & A is confidential and shall remain the property of G & A.
21.5 You do not have a right, title, interest or claim of or to that information. This applies to information that is supplied at any time to you and in whatever form.
21.6 You acknowledge that the Gifts & Apparel Online Shop is an online retailer and accordingly does not as a general rule keep physical stock of Goods advertised on the Website.
22. PRIVACY POLICY
22.1 This Privacy Policy governs the manner in which G & A treats your personal information collected from you when G & A communicates with you, if by post, telephone, SMS, email, use of the Website or any other means (referred to as “Collection Methods”):
G & A respects your privacy and personal information and for this reason, G & A takes all reasonable measures, in accordance with this Privacy Policy, to protect your personal information and to keep it confidential.
By joining the Gifts & Apparel Programme, visiting and/or using the Website, interacting with the Gifts & Apparel Contact Centre, purchasing Goods or using the Gifts & Apparel Programme in whatsoever way, you hereby consent to G & A sharing certain of your personal information with G & A’s affiliates and third party service providers in the ordinary course of G & A’s business of providing you with the services in relation to the Gifts & Apparel Programme.
22.2. What is personal information? Personal information refers to information that identifies or relates specifically to you, and means personal information as defined in the Protection of Personal Information Act, 2013, for example, but not limited to your name, surname, contact details, income, payment records, age and identity number.
This includes information about your buying patterns, habits, preferences where you shop, where you bank, how you invest and all related information.
22.3. How does the G & A collect your personal information?
• G & A collects your personal information through any of the aforesaid Collection Methods when we interact with you.
• G & A contracts with several online service providers to help manage and optimise the Website and communications.
• G & A makes use of the services of a marketing company to help measure the effectiveness of G & A’s advertising and how visitors use the Website. To do this, G & A may make use of cookies (small pieces of text information).
• The type of information collected includes, for example, the product codes and prices for merchandise that you purchase and the web pages visited.
• By supplementing G & A’s records, this information helps G & A with consumer insights like what web pages are visited the most, which of G & A’s products you are most interested in, and the kinds of offers you would like to see.
• Although G & A’s marketing company logs the information coming from the site on G & A’s behalf, G & A controls how that data may and may not be used. Furthermore, the marketing company is unable to link the information retrieved from the Website to you as the data is de-identified and therefore only provides G & A with statistical data relating to the Website's visitors in general.
22.4. Why & How G & A collects and uses Information
In order to continuously improve your experience with using the Website and purchasing Goods offered by the Gifts & Apparel, it is important for G & A to find out exactly what you need and want from us. Here are some of the reasons why we collect your personal information:
• to be able to identify you;
• to process your instructions or requests;
• to ensure that we meet your needs, G & A may collect and analyse your personal information and combine all that information about you to compile a profile of you in order for G & A to personalise and tailor services to meet your specific needs;
• to send you promotional information but only if you have consented to receive promotional communication. If any of the promotional information relates to products, promotions, news or services of an Affiliate, and if you indicate that you would like more details, G & A may inform the Affiliate to contact you directly;
• to update G & A’s data with missing, incomplete or updated personal details if you are an existing client of G & A .
Your privacy is important to G & A. G & A will therefore not sell, rent or provide your personal information to unauthorised entities or other third parties, for their independent use, without your written consent.
22.5. Protection of your Personal Information
• G & A values the personal information that you share with us and will therefore take reasonable steps to protect your’ personal information from loss, misuse or unauthorised alteration.
22.6. Correction of Personal Information
• If you ever want to update or correct any of your personal information held by G & A kindly contact Gifts & Apparel at website@giftsandapparel.co.za
• Alternatively, you can update and correct their information themselves by logging onto the Website.
22.7. Personal Information held by or disclosed by you to a third party
• G & A is not responsible for any representations or information or warranties or content on any website of a third party websites (including websites linked to this Website or websites facilitated by G & A), G & A does not exercise control over third parties' privacy policies and you should refer to that third party’s privacy policy to see If your privacy is sufficiently protected.
22.8. Cookies
• G & A may use cookies.
• G & A uses the word "cookie" to refer to information that is sent from the Website to your hard drive, where it is saved. In this way, the next time you use the Website, G & A will know who you are and that you have visited the Website before.
22.9. Changes to this Privacy Policy
• G & A may amend this Privacy Policy from time to time and you agree to periodically visit the Website to view the current version of this Privacy Policy.
• The amended version of the Privacy Policy shall supersede and replace all previous versions thereof.
22.10. Which Laws apply
• This Privacy Policy will be governed by the laws of the Republic of South Africa. You consent to the jurisdiction of the South African courts for any dispute which may arise out of this Privacy Policy.
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