Terms of service

Giftwrap Shop Terms & Conditions

INTRODUCTION

All orders must be in writing, accompanied by sufficient information, including but not limited to an order number, contact person, valid e-mail address, delivery address and payment method.
All orders are subject to these Terms and Conditions, the general terms and conditions on the website and the Artwork Approval form's terms and conditions (if artwork is applicable) and the Client will be bound whether these terms and conditions, were signed or not.
The Client will also be bound by these Terms and Conditions, the general terms and conditions on the website and the Artwork Approval form's terms and conditions (if artwork is applicable), when purchasing any Giftwrap Shop products via the Giftwrap Shop website or entering personal details on the website or using the website in any way.
LEAD TIME
4.1 Giftwrap Shop will provide an estimate date upon which the products will be ready once order has been confirmed. However, Giftwrap Shop will not be liable for late delivery for which ever reason but will endeavour to meet the delivery date.
4.2 Economy Service: Subject to 3 above, the economy service orders will be delivered within 6 to 7 business days, subject to the following conditions (Points 4.4.1 to 4.4.8).
4.2.1 All artwork has been approved by the Client and Giftwrap Shop has confirmed receiving said approval in writing.
4.2.2 All payments owed to Giftwrap Shop reflects in the Giftwrap Shop bank accounts.
4.2.3 If either/both of these conditions have not been met, then the order will not be placed in the Giftwrap Shop supply system.
4.2.4 The onus is on the Client to ensure payment has been made, regardless of verbal promises and to further confirm that Giftwrap Shop is aware that payment has been made.
4.2.5 Proof of payment (with proper bank heading) may be used to show that payment has been made to Giftwrap Shop.
4.2.6 If proof of payment has been altered, forged or in any way tampered with, Giftwrap Shop will be allowed to take legal action.
4.2.7 The 6 to 7 business daysâ€TM time period for delivery of products starts once Giftwrap Shop has confirmed that payment has been made and the Client has approved of the artwork.
4.2.8 The 6 to 7 business daysâ€TM time period refers to business days. Business days includes Monday to Friday but excludes public holiday and weekends (Saturday and Sunday).
4.3 South African Manufactured Items: Subject to 3 above, all products manufactured by South African manufacturers are subject to 10 (ten) to 15 (fifteen) business days lead time for delivery, subject to the following conditions:
4.3.1 All artwork has been approved by the Client and Giftwrap Shop has confirmed receiving said approval in writing.
4.3.2 All payments owed to Giftwrap Shop reflects in the Giftwrap Shop bank accounts.
4.3.3 If either/both of these conditions have not been met, then the order will not be placed in the Giftwrap Shop supply system.
4.3.4 The onus is on the Client to ensure payment has been made, regardless of verbal promises and to further confirm that Giftwrap Shop is aware that payment has been made.
4.3.5 Proof of payment (with proper bank heading) may be used to show that payment has been made to Giftwrap Shop.
4.3.6 If proof of payment has been altered, forged or in any way tampered with, Giftwrap Shop will be allowed to take legal action.
4.3.7 The 10 (ten) to 15 (fifteen)business daysâ€TM time period for delivery of products starts once Giftwrap Shop has confirmed that payment has been made and the Client has approved of the artwork.
4.3.8 The 10 (ten) to 15 (fifteen) business days' time period refers to business days. Business days includes Monday to Friday but excludes public holiday and weekends (Saturday and Sunday).
4.4 The lead time for imported products with air freight is 30 to 45 working days and sea freight 75 to 90 days.
4.5 The lead time for artwork approval will take two (2) to three (3) working days, but is at all times subject to the provisions of paragraph 4 below.
4.6 Calculation of the lead times will not commence before cleared payment in the Giftwrap Shop bank account has been received and it is subject to the following conditions:
4.6.1 The word \"cleared\" refers to visible and available funds in the Giftwrap Shop bank account; should a payment be made by cheque or other unknown payment methods, a 10 (ten) working day delay may be expected. Payments need to be cleared before an order may be executed.
4.6.2 Should products be branded, Giftwrap Shop may require full payment upfront.
4.6.3 No products will be released without full cleared payment in the Giftwrap Shop bank account.
4.7 Giftwrap Shop is hereby expressly indemnified from the quality or correctness of the product and the Client undertakes to accept the product as is when using the Super Express and Express Services.
4.8 Giftwrap Shop in its sole and absolute discretion reserves the right to accept or reject the cancellation of any order as set out above.
4.9 A non-refundable deposit is to be paid when an order is placed. Should the order, after the placement thereof, be cancelled for whatsoever reason, and Giftwrap Shop accepts such a cancellation (in its sole discretion), then Giftwrap Shop shall be entitled to retain the non-refundable deposit as constituting a genuine pre-estimate of its damages and it is recorded that the parties acknowledge that said liquidated damages are proportional to the prejudice to be suffered by Giftwrap Shop as a result of said cancellation. This paragraph does not prejudice any other right available to Giftwrap Shop in terms of these terms and conditions or in terms of law.
4.10 Subject to paragraph 3N and O below, quotations remain valid for seven (7) days from the date of quotation.
4.11 All quotations are subject to the availability of input goods or services and subject to correction of good faith errors by Giftwrap Shop, and the prices quoted are subject to any increase in the cost price including currency fluctuations to Giftwrap Shop, before acceptance of the order and Giftwrap Shop may adjust the quotations accordingly.
4.12 In the event of the Client disputing the amount of the cost increase in clause M above, the said amount may be certified by an independent auditor and such certificate shall be final and binding on the Client and the cost of such auditor will be for the Clientâ€TMs account.
4.13 Giftwrap Shop shall not be responsible for flight or custom delays on imported items or exported products. Giftwrap Shop 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 majuer, war, civil riots, acts of terrorism within the Republic of South Africa or in the country where the goods are manufactured or dispatched from, or while in transit.
ARTWORK APPROVAL FORM AND DELIVERY NOTES
5.1 Artwork approval forms and delivery notes form part of these Terms and Conditions and is in no way severable from the remainder of the clauses of these Terms and Conditions.
ARTWORK FEES
6.1 No cancellation of orders will be accepted from Clients on account once final approval of artwork has been received.
6.2 The Client is to ensure that proof of payment has been received by its account consultant. Giftwrap Shop does not take responsibility for missed deadlines if payment has not been confirmed with the account consultants.
6.3 As set out in points 3.B. through to 3.E. full approval of all artwork is required before any orders can be placed, delivery times are subject to when all required payments and approvals have been given to Giftwrap Shop and all involved parties are satisfied with proceeding.
6.4 Delivery dates are quoted from the day after artwork approval and receipt of payment, whichever date is the latest.
6.5 Amendments made to artwork approvals will result in the delay of the delivery date. Should the Client require amendments Giftwrap Shop will issue a new layout for final approval before production commences. (Amendments to layout can take up to one business day to generate.)
DELIVERY
7.1 The buyer Client and/or Giftwrap Shop at times utilizes the services of courier companies. The parties agree that the Giftwrap Shop is not responsible for any damages or shortages due to the negligence or act of omission on the part of the courier. Delivery will be deemed to have occurred and liability will pass to the buyer Client when their appointed courier collects the goods at Giftwrap Shop premises in Pretoria or in Cape Town. Should the Client request that Giftwrap Shop transport the goods to the Client at an address nominated by the Client, it shall be deemed that Giftwrap Shop is acting as an agent for the Client in affecting such transport and it shall be deemed that delivery and associated risk shall have passed to the Client at the Giftwrap Shop premises in Pretoria as soon as the goods are loaded for delivery.
SPECIAL IMPORT SAMPLE POLICY
8.1 Giftwrap Shop does not hold stock of 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, this order process includes a R100 handling fee.
RETURN POLICY
Subject to the conditions, Giftwrap Shop determines that they will not accept returned products. Any acceptance of returned products is at the sole and absolute discretion of Giftwrap Shop, and subject to the following conditions:
9.1 No claims will be recognised and/or accepted if made later than seven (7) days after receipt of the goods in writing by the Client.
9.2 Giftwrap Shop will under no circumstances accept branded goods, nor be responsible for the quality and correctness of the artwork.
9.3 Goods will not be deemed refundable if instructions have not been followed.
9.4 No returns will be accepted on imported and custom manufactured items.
9.5 All returns on unbranded stock will be subject to a 30% handling fee.
9.6 All costs resulting from transport of returned goods will be for the account of the Client.
FAILURE TO TAKE POSSESSION
10.1 Should the clientClient/buyer fail to take possession of the product within 60 (sixty) days after notice have been given in writing by Giftwrap Shop that the product is ready for collection, Giftwrap Shop will be entitled to sell the product without any further notice to recover damages or expenses incurred and the Client will have no claim against Giftwrap Shop in this regard.
DISCLAIMER
11.1 Giftwrap Shop 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.
11.2 Whilst Giftwrap Shop 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 Shop control, but accepts no liability save as stated herein.
11.3 No guarantee is given as to the suitability of goods sold for any particular purpose, the Client must satisfy itself as to the suitability of goods for the purpose for which these goods are required prior to the purchase or same from
11.4 Giftwrap Shop liability for any goods, which may be proved to be defective, shall be limited to replacing the defective goods or, at the Client's discretion, passing a credit note for the amount equivalent to the purchase price of the goods. In no circumstance will Giftwrap Shop be responsible for any consequential damage of any nature, which may arise out of the goods being defective in any way whatsoever.
11.5 In so far as products supplied may be hazardous and/or unsafe it is recorded that the Client undertakes to consider, read and obey any and all notices displayed on or supplied with said packaging, and the Client further undertakes and acknowledges not to use said products in a manner
11.6 other than directed. The Client herewith agrees to and hereby indemnifies Giftwrap Shop 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 Shop has acted on the Client's instructions or instructions which purport to emanate from the Client.
11.7 It is recorded that the Client is notified of the fact that clauses 11.1. through to 11.7. are aimed at limiting the risk of Giftwrap Shop and/or constitutes an assumption of risk and/or liability by the Client and that the content of said clauses are drawn to the attention of the Client. It is, further, recorded that the Client was afforded an opportunity to consider the applicable notification, considered same and is prepared to conclude the agreement with Giftwrap Shop subject to said conditions.
11.8. Card acquiring and security Card transactions will be acquired for Giftwrap Shop via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
11.9. Customer details separate from card details Customer details will be stored by Giftwrap Shop separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
11.10. Customer Privacy policy Giftwrap Shop shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569 .
GENERAL
12.1The Client hereby warrants that all the information and instruction provided by the Client is accurate, true and complete in all respects.
12.2 Any waiver of rights by Giftwrap Shop or the Client in terms of these Terms & Conditions must be in writing to be effective. No failure or delay on the part of Giftwrap Shop or the Client in exercising any right or remedy under these Terms & Conditions will operate as a waiver of that right or remedy.
12.3 The Client may not delegate any rights or obligations in terms of these Terms & Conditions without the prior written consent of Giftwrap Shop.
12.4 Any notice given by either the Client or Giftwrap Shop in terms of these Terms & Condition must be in writing and delivered by personal delivery, express courier, confirmed facsimile or email. Any such notice will be deemed given upon personal delivery, two business days after dispatch by express courier, upon confirmation of receipt of facsimile or email. Notices will be sent to the Client at the designated address provided by the Client on the Website. Notices sent to Giftwrap Shop must be sent to info@Giftwrap Shop.co.za The Client and Giftwrap Shop may change address or facsimile number for purpose of these terms of use by giving the other written notice of its new address or facsimile number within a reasonable time frame.
I. A reasonable time frame in this manner will constitute at lease 12 business hours before delivery of the first item has been started.
12.5 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 other provisions of these terms of Use shall continue to be of full force and effect.
12.6 The website is owned and operated by Giftwrap Shop. 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.
12.7 The client 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 Shop.
12.8 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.
12.9. Responsibility Giftwrap Shop takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods
PAYMENT
13.1 All payments made to Giftwrap Shop must be made before an order will be placed and all payments are subject to the terms set out within these Terms & Conditions document.
13.2 It is the Client's responsibility to ensure that the payment reflects in the Giftwrap Shop bank account.
13.3 Upon written approval in Giftwrap Shop sole discretion, a valid proof of payment may be used to continue the ordering process where payment may be delayed. If Giftwrap Shop in its sole discression concludes that proof of payment is not valid the order will only commence once payment reflects in the Giftwrap Shop accounts.
13.4 It is known that certain banks require an allotted amount of time for money to be successfully transferred. As such Giftwrap Shop has allotted the following amount of business hours for each of the following payment methods into the Giftwrap Shop accounts, subject thereto that the hours are an estimate only and the Client may not rely on such hours or hold Giftwrap Shop bound to such hours and as such it remains the Clients sole responsibility to ensure that payment is received in the Giftwrap Shop bank account and that Giftwrap Shop is made aware thereof:
I. Absa Bank: Payment may take up to two (2) to three (3) hours to reflect, subject to the amount that is being transferred.
II. First National Bank (FNB): Payment may be immediate but is still subject to one (1) to two (2) hour delays, subject to the amount that is transferred.
III. Nedbank: 24 (twenty-four) hours are required for a payment from Nedbank to reflect in the Giftwrap Shop accounts, regardless of amount. An instant payment may be made using the banks functions, but this may still take up to three (3) hours to reflect.
IV. Standard Bank: It can take up to 48 (forty-eight) hours for money transferred from Standard Bank to reflect in the accounts of Giftwrap Shop.
V. Other Payment Methods: It is the judgment of Giftwrap Shop and its financial managers on which payment methods other than those listed in the Terms & Conditions will be accepted and the time required to confirm a payment has been made.
13.5 Merchant Outlet country and transaction currency. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
13.6. Payment options accepted Payment may be made via Visa and MasterCard
DISPUTE RESOLUTION AND JURISDICTION
Should any dispute or proceedings arise in connection with any matter related to these Terms and Conditions, the Client and Giftwrap Shop consent to the jurisdiction of the Magistrate's court having jurisdiction, not-withstanding that such disputes or proceedings are otherwise beyond its jurisdiction. Giftwrap Shop and the Client nevertheless have the right to institute action in any other competent court.
SURETYSHIP
In the event of the Client being a juristic person, the signatory hereby binds himself as surety and co-principle debtor jointly and severally for the full amount due to Giftwrap Shop by the Client and agrees that this agreement will apply in the same way to him/her.
GOVERNING LAW
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.