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GIFTWRAP'S TERMS & CONDITIONS www.giftwrap.co.za including each web page associated with Giftwrap, (herein after referred to as the "Website"), provides access to our wide selection of promotional products and corporate gifts (herein after the referred to as the "Giftwrap Products"). To ensure a safe, pleasant environment for you (herein after referred to as the "user"), this will constitute the basis of our agreement. 1. WEBSITE TERMS OF USE Giftwrap provides the information, services and opportunity to purchase Giftwrap Products offered to the user via this Website (herein after referred to as the "Services") subject to these Terms & Conditions. By accessing the Website or acquiring the Service the user is deemed to have agreed to these Terms & Conditions. Giftwrap may at any time modify these Terms & Conditions and the user's continued access of the Website or use of the Services will be subject to the Terms & Conditions in force at the time of the user's use or access. Accordingly the user agree to review these Terms & Conditions periodically, and the users continued access of the Website or use of the Services shall be deemed to be the users acceptance of the amended Terms & Conditions. 2. DISCLAIMER Giftwrap shall not be responsible for any loss, liability, damage (whether direct, indirect or consequential), injury or expense of any nature whatsoever which may be suffered by the user or any third party as a result of or which may be attributable, directly or indirectly, to:
The user herewith indemnify Giftwrap, its officers, members, employees, successors and assigns in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered or any third party as a result of or which may be attributable, directly or indirectly, to any of the aforesaid. 3. CONTENT OF THE WEBSITE Giftwrap makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of information contained on the Website. Giftwrap reserves the right at any time to change or discontinue without notice, any aspect, feature or service offered by way of the Website, the opinions, information, data or content contained on the Website shall not be construed as advice and are offered for information purposes only. Giftwrap gives no warranties and makes no representations as to the accuracy, completeness or reliability of any such opinions, information, data or content. 4. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS The website is solely for the user's personal and non-commercial use. Copyright and all Intellectual Property Rights in all materials made available through this Website are owned by Giftwrap, alternatively Giftwrap is the lawful user thereof and is protected by both South African and international intellectual property laws. Accordingly, any unauthorized copying, reproduction, re-transmission, distribution, dissemination, sale, publication, or other circulation or exploitation of such material as aforesaid or any component thereof will constitute an infringement of such copyright and other Intellectual Property Rights. The trademarks, whether registered or not, names, logos and service marks (herein after referred to as "Trademarks") displayed on this Website are owned by Giftwrap, alternatively the lawful users of the Trademarks. Nothing contained on this Website should be construed as granting any license or right to use any Trademarks without the prior written permission of Giftwrap. 5. EXTERNAL LINKS External links may be provided for your convenience, but they are beyond the control of Giftwrap and no representation is made as to their content. Use or reliance on any external links provided is at your own risk and does not represent the views of or belief of Giftwrap 6. CHILDREN No person under the age of 18 (eighteen) may use the Services offered via this Website without the supervision of a parent or guardian. Should the user represent him / her as one of sufficient legal age to use the Services offered via this Website, the user will be bound by any legal obligations and liabilities that he / she may incur as a result of his / her use of the Services. The user agrees to supervise all usage by minors of this Website under his/her name of account. 7. VERIFICATION 7.1 Giftwrap shall be entitled to verify the identity of any user placing an order via this Website. Any misrepresentation may constitute immediate cancellation by Giftwrap. 7.2 Giftwrap shall be entitled to establish the authenticity of any communication from the user. 7.3 It is an expressed term of the agreement that all instructions, orders, consents, commitments and any other communications which purport to emanate from the user and sent to Giftwrap by way of the Internet and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by the user at all, shall be deemed to have been given by you in the form actually received by Giftwrap and you will be bound by such details with no liability of whatever nature attaching to Giftwrap. 7.4 Giftwrap is expressly indemnified by the user, who waives any rights the user may have or obtain against Giftwrap arising directly or indirectly or indirectly from any loss or damage of whatsoever nature which the user may suffer as a result of the fact that Giftwrap acts on the user’s instructions or instructions purporting to emanate from the user. The user herewith agrees to and hereby indemnifies Giftwrap against all and any claims, liabilities, losses, costs, fines, damages, and expenses incurred (whether directly or indirectly), arising as a result of the fact that Giftwrap has acted on the user's instructions or instructions which purport to emanate from the user. 8. SYSTEM AVAILABILITY Giftwrap strives to give 24- hour-a-day service every day of the year. However, Giftwrap does not warrant the availability of the Website or the Products. 9. WARRANTIES 9.1 The user hereby warrants that all the information and instruction provided by the user will be accurate, true and complete. 9.2 The user understands that Giftwrap makes no warranties, representations, statements (whether express, implied in law or residual) regarding the Website, any Services provided via this Website or the suitability of any of the Services for a particular purpose. As Giftwrap provides certain Services via the Internet, Giftwrap makes no representations, nor gives any warranties of any nature as to the availability of any communications network or systems of any third party on whom the user or Giftwrap rely to provide any of the Services. 10. USE OF THE WEBSITE 10.1 The user agrees to be financial responsible with its use of this Website. 10.2 Any conduct by the user that in Giftwrap sole discretion restricts or inhibits any other user from using or enjoying this Website will not be permitted. 10.3 The user agrees to use this Website in accordance with these Terms & Conditions and only for lawful purposes. The user is herewith prohibited from posting on or transmitting through this Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law. The user agrees not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a credit card, or attempt to do any such acts. 11. SUBMISSIONS BY YOU TO GIFTWRAP Giftwrap will not be responsible for the user's submissions or responses to the Products. Any product concepts or ideas submitted by the user to Giftwrap will be considered the property of Giftwrap. Giftwrap will not be responsible for any claims to ownership, royalties, license fees or any other intellectual property claims if those concepts or ideas are used in promotions, marketing or products. 12. GIFTWRAP GIFTS STATEMENT OF PRIVACY 12.1 The user’s privacy is very important, and Giftwrap shall only be entitled to disclose Personal Information if required to do so to (a) comply with applicable law or with legal process served on Giftwrap; (b) to protect and defend the rights or property of Giftwrap, and (c) for the purposes of distributing same to various third parties who are involved in the provision of the Services provided in accordance with these terms and conditions. 12.2 The user acknowledges that information and data is automatically collected through the standard operation of the Internet servers and through the use of 'cookies'. 13. TERMS APPLYING WHEN YOU PURCHASE GIFTWRAP PRODUCTS VIA THIS WEBSITE 13.1 All orders must be in writing, accompanied by sufficient information, including but not limited to an order number, contact person, valid email address, delivery address, and payment method. 13.2 All orders are subject to the Terms and Conditions. 13.3 An order will become final upon signature of the quotation by the User, cleared payment as per paragraph 13.4 and 13.5 hereunder. 13.4 Lead Time: 13.4.1 Giftwrap will provide an estimate date upon which the products will be delivered. However Giftwrap will not be liable for late delivery for whichever reason, but will endeavour to meet the delivery date. 13.4.2 The Lead-Time on unbranded stock for South African Products is 48 (forty eight) to 72 (seventy two) hours. 13.4.3 The Lead-Time on South African manufactured branded products is a minimum 10 to 15 working days after signing off of artwork (unless agreement in writing for a shorter Lead-time has been reached). A surcharge of 20 % will apply to shorter lead-times. 13.4.4 The Lead-Time for imported products with air freight is 30 to 45 days 13.4.5 The Lead-Time for artwork approval will take approximately 2-3 working days. 13.5 Calculation of the Lead-Time will commence upon cleared payment in Giftwrap's bank account and subject to the following conditions: 13.5.1 The word "Cleared" refers to visible and available funds in Giftwrap's bank account, and should for example payment be made by cheque, a 10 (ten) working delay can be expected. Payments need to be cleared before order can be executed. 13.5.2 Should the Lead-Time be shorter than 10 (ten) working days, full upfront payment will be required; 13.5.3 Should the products be branded, Giftwrap will require full upfront payment; 13.5.4 No products will be released without full cleared payment in Giftwrap's account. 13.6 After an order is placed as stipulated above, no cancellation of the order will be accepted. ANY DEPOSIT PAID IS UNDER NO CIRCUMSTANCES REFUNDABLE, unless otherwise specified. 13.7 Giftwrap will not be responsible for flight or custom delays on imported items or exported products. Giftwrap cannot be held responsible for delays and delivery of goods, loss of goods or other damages caused to the goods by reason of forced major, war, civil riot or acts of terrorism in South Africa or in the land where the goods are manufactured or dispatched from, or in transit. RETURN POLICY 13.8 Subject to the T&C, stipulating 100% satisfaction, Giftwrap determines that they will not accept returned products. Any acceptance of return products are at the sole discretion of Giftwrap, and subject to the following conditions: 13.8.1 no claims will be recognised if made later than 7 days of receipt of goods in writing. 13.8.2 Giftwrap will under no circumstances, accept branded goods, nor be responsible for the quality and correctness of the artwork. 13.8.3 Good will not be deemed refundable if instructions have not been followed. 13.8.4 No returns will be accepted on imported and custom manufactured items. 13.8.5 All returns on unbranded stock will be subject to a 30 % handling fee. 13.9 The user will be bound by the terms and conditions of this agreement when purchasing any Giftwrap Products via this Website or entering personal details on the Website. 13.10 The transport cost will for returned goods will be for the client's own costs. 13.11 DISCLAIMERS 13.11.1 Giftwrap makes no warranties, representations, statements or guarantees, whether express, residual or implied, as to any Giftwrap Products, including but not limited to the implied warranties of merchantability or fitness for a particular purpose. 13.11.2 Giftwrap makes every effort to ensure the accuracy of the content of the Website, but makes no warranties, representations, statements or guarantees, whether express, residual or implied, as to the accuracy, completeness, timeliness, reliability, content or availability of any information on the Website. 13.11.3 Giftwrap shall not be liable, under any circumstances, for any loss, liability, expense or damage, (whether direct, special, indirect, incidental or consequential) arising in connection with the purchase, use or supply of Sale Products or any other Giftwrap Products or the use or reliance upon any information published on the Website. 13.12 Sale and Purchase of Giftwrap Products – the purchase price for the Giftwrap's product shall be in South African Rands (or currency selected by Giftwrap). 13.12.1 Vat will be applicable on all transactions; and 13.12.2 All quotes are subject to currency fluctuations, until the order becomes final. 13.13 Payment of Purchase Price - payment of the purchase price can either be via Direct Deposits (Including EFT), or bank transfers, or Cheque payments (with pre approval from Giftwrap’s management) or cash. 13.14 Payment of the total purchase price must be made, before the date of delivery of the Products. Giftwrap reserves the right not to release the Products until it has received full payment of the Purchase Price. 13.15 Giftwrap prides itself on its record of efficient and timely delivery of Giftwrap Products. While Giftwrap will make every reasonable effort to ensure that the products reach the users specified destination on time, Giftwrap cannot and does not warrant or represent that delivery will occur within the time requested or the times indicated on the delivery times table. 13.16 Payment History Check The user herewith permits Giftwrap to perform any credit- check, if so chosen. Should Giftwrap question the credit-worthiness, of the user, Giftwrap may require full or partial payment of the Purchase Price or other assurance from you before the products are manufactured or dispatched. 13.17 Indemnity The user indemnifies Giftwrap, its officers, members, employees, successors and assigns from any liability, loss or damage (whether direct, special, indirect, incidental or consequential) resulting from any claim, complaint, dispute, proceeding or cause of action against any of them related to the Product, including without limitation their purchase, delivery, late delivery, non-delivery, or use. 13.18 Payment Default Should the user fail to pay, partially or in full for the Products, the user will be liable for all collection costs incurred by Giftwrap, including, but not limited to, all reasonable attorney and collection agency fees. 13.19 Authority - By entering the user’s details and submit the details, the user represents that you have the required authority to enter into and accept these Terms & Conditions. 14. SOLE RECORD These Terms & Agreement are the sole record of the agreement between the user and Giftwrap and contain all of the provisions governing the relationship between the user and Giftwrap, in relation to the purchase of the Products, access of the Website or use of Services via the Website. 15. GENERAL 15.1 Any waiver of rights by the user or Giftwrap in terms of these Terms & Conditions must be in writing to be effective. No failure or delay on the part of Giftwrap in exercising any right or remedy under these Terms & Condition will operate as a waiver of that right or remedy. 15.2 These Terms & Condition does not constitute an agreement of employment, partnership, joint venture or agency between Giftwrap and the user. Neither the User nor Giftwrap has the power to make a contract in the name of the other or to grant or pledge credit, incur liability or employ any person on behalf of the other. 15.3 You may not cede or delegate any rights or obligations in terms of these Terms & Condition without the prior written consent of Giftwrap. 15.4 Any amendment to these Terms & Condition must be in writing signed by the User. 15.5 Any notice given by either the user or Giftwrap in terms of these Terms & Condition must be in writing and delivered by personal delivery, express courier, confirmed facsimile, email or registered post. Any such notice will be deemed given upon personal delivery, two days after dispatch by express courier, upon confirmation of receipt of facsimile or email or seven days after dispatch by registered post. Notices will be sent to you at the designated address provided by you on the Website. Notices sent to Giftwrap must be sent to info@giftwrap.co.za. You and Giftwrap may change address or facsimile number for purposes of these Terms of Use by giving the other written notice of its new address or facsimile number. 15.6 If any provision of these Terms & Conditions is or at any time becomes invalid, illegal or unenforceable, then that provision shall be severable from the other provisions of these terms of Use and the other provisions of these terms of Use shall continue to be of full force and effect. 15.7 Should any dispute or proceedings arise in connection with any matter related to these Terms & Condition, any Services offered via this Website or the Sale Products, the user and Giftwrap consent to the jurisdiction of the Magistrate Court having territorial jurisdiction, notwithstanding that such dispute or proceedings are otherwise beyond its jurisdiction. This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the court pursuant to Section 45 of the Magistrate Court Act, 1944, provided, nevertheless, that you and Giftwrap shall have the right to institute proceedings in any other competent court. 16. GOVERNING LAW These Terms of Use will be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of laws. |