so-spoilt-logo-web-colour

TERMS & CONDITIONS

  1. These are the terms & conditions (“T&C”) for www.sospoilt.co.za (the website”). The website is owned and operated by Net Gifts CC, registration number: 2006/077396/23 trading as SO SPOILT (hereinafter referred to as “SO SPOILT”). References to “we”, “us” and “our” shall be deemed to be references to SO SPOILT. References to “users”, “you” and “your” shall be deemed to be references to any person browsing the website or placing an order for and purchasing any product marketed by So Spoilt.

  1. Visitors to the website (“users”/“you”/“your”), including users who purchase products through the website or So Spoilt directly are bound by these T&C. If you do not agree to these T&C, do not continue to use the website or do business with So Spoilt.

  1. Continued use of the website will constitute acceptance of these T&C. By placing an order with us you will be deemed to have read, understood and agreed to the T&Cs.

  1. SO SPOILT may, in its sole discretion, at any time make changes to these T&C. It is your responsibility to ensure that you are familiar with the T&Cs as they stand at the relevant time. If you are not satisfied with the T&Cs you must stop using the website and not place any orders. If you are unhappy with any aspect of the T&Cs, you may contact us either by telephone, email or post using the contact details provided on the website.

  1. Contract of Sale:

    1. Placing a product in a shopping basket or adding it to a wish list without completing the purchase does not constitute an order or and contract of sale for the product. SO SPOILT may remove such product from the shopping basket or wish list if stock becomes unavailable. You cannot hold SO SPOILT liable if such product is not available at a later stage.

    1. By placing an order via this website you are making an offer to SO SPOILT to purchase the goods detailed in your order upon the terms described in your order.

    1. Once you have placed an order we will send you a confirmation that your order has been received but this is not a confirmation that your offer to purchase the goods has been accepted.

    1. A contract between you and SO SPOILT for the sale of our products will only exist:

      1. once a successful electronic submission of a properly completed order for one or more products in your shopping basket has been received by SO SPOILT; and

      2. once the order has been accepted by SO SPOILT; and

      3. once notice of authorization of the payment has been received by SO SPOILT or payment into SO SPOILT’s bank account has been received and has cleared; and

      4. once the order has been processed and dispatched to you.

  1. Stock description and availability:

    1. Reasonable efforts are made to ensure that the descriptions of the products are correct.  The descriptions are however of a general nature. 

    1. The stock of any product offered on the website is limited. Reasonable efforts will be taken to update the website when stock is no longer available. In the event that an order placed by you cannot be fulfilled at all or at the advertised price due to stock having been sold out, SO SPOILT will notify you and you will be entitled to a refund of an amount paid by you for such product. This is explained in more detail under “Refund Policy” in paragraph 23 below.

  1. Cancelling Orders:

    1. For purposes of preventing suspected fraud, SO SPOILT reserves the right to refuse to accept or process payment on any order and/or to cancel any purported contract of sale between you and SO SPOILT in whole or in part. In such a case, SO SPOILT will only be liable to refund an amount already paid by you. See SO SPOILT’s “Refund Policy” in paragraph 23 below in this regard. SO SPOILT accepts no other liability which may arise as a result of such refusal to process any order/sale.

    1. You may normally cancel your order (once accepted by us) for any reason up to the point of dispatch. If you do cancel the contract within this time any payments made by you will be refunded in full within 30 days.

    1. You are entitled to cancel any order/sale concluded on this website within 7 days after date of receipt of the product(s) and to obtain a refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date or timeframe (or where none is specified, beyond 30 days from the order date). See SO SPOILT’s “Refund Policy” in paragraph 23 below in this regard.

  1. Costs relating to an order:

    1. Prices:

      1. Each product is displayed with its price on the website. A discounted price will be displayed where appropriate for a sale or special offer.

    1. Value Added Tax:

      1. Value added tax (VAT) is charged at 14% and included on all products purchased.

    1. Delivery Charges:

      1. A delivery charge will be added to your order value as and where appropriate. Delivery charges, if any, will differ depending on various factors. These include the details of the product, its price and weight, and the location of the address to where the delivery is to be made.

      1. Please see details of SO SPOILT’s delivery charges when checking out your purchase.

    1. Cost Estimate Disclaimer:

      1. Reasonable efforts are made to accurately indicate prices and delivery charges. If a product is offered at an incorrect price and/or delivery charge, SO SPOILT reserves the right not to sell products at such incorrect prices and/or delivery charges. Should you not wish to proceed with the purchase at the correct price and/or delivery charge, SO SPOILT will refund any amount already paid by you.

  1. Payment:

    1. SO SPOILT accepts credit/debit card or instant EFT payments. All transactions are shown in South African Rands (ZAR).

    1. On placement of an order, the transaction details are presented to the relevant bank. If authorization is obtained from the bank, payment is collected immediately. In the event authorization is not obtained, the order will be cancelled.

  1. Disclaimer:

    1. With the exception of any liability which may arise in terms of the Consumer Protection Act 68 of 2008 (“CPA”) for products sold by SO SPOILT through the website or under section 43 of the Electronic Communications and Transactions Act No. 25 of 2002 in relation to the security of the website payment systems, SO SPOILT will not be liable for any damage or loss arising from the use of the website or the use of products purchased through the website.

    1. To the fullest extent permitted by law and save as provided above, SO SPOILT will not be liable to you by reason of any representation, implied warranty, condition or other term, duty at common law, or in negligence for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you.

    1. The website is supplied on an “as is” basis. While SO SPOILT endeavors to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and SO SPOILT will not be responsible for any errors or omissions or for the results arising from the use of such information. No representations or warranties, specific or implied, are made as to the suitability of the website or its supporting hardware and/or software to perform the purpose intended or any particular purpose or requirements of a user. While SO SPOILT takes reasonable steps to ensure a fast and reliable service, there is no guarantee that the use of this website will be uninterrupted or without errors.

    1. Any complaints or other issues can be reported by email, telephone or mail using our contact details.

    1. SO SPOILT will not be liable to you or be deemed to be in breach of these T&Cs or any contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.

    1. SO SPOILT may assign or transfer any of its rights or sub contract any of its obligations under these T&Cs to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these T&Cs except with the specific permission in writing by SO SPOILT.

  1. Term and Termination:

The T&Cs apply from the time of publication on the website and continue indefinitely, as amended from time to time, for the duration of the websites operation. SO SPOILT is entitled shut down the website and terminate the T&Cs.

  1. SO SPOILT’s Information:

    1. As a supplier offering goods for sale by way of an electronic transaction, in terms of section 43 of the Electronic Communications and Transactions Act No. 25 of 2002, SO SPOILT makes the following information available on the website to you, the consumers:

      1. full name: NET GIFTS CC

      2. legal status: Close Corporation

      3. registration number: 2006/077396/23

      4. place of registration: South Africa

      5. physical address: Unit 24 Barbeque Corner, 27 Dytchley Road, Barbeque Downs, Johannesburg, 1684.

      6. telephone number: 0760162114

      7. website address: www.sospoilt.co.za

      8. email address: admin@sospoilt.co.za

      9. physical address where that supplier will receive legal service of documents: Unit 24 Barbeque Corner, 27 Dytchley Road, Barbeque Downs, Johannesburg, 1684.

  1. Electronic Communications:

You agree that by visiting the website and/or sending emails to SO SPOILT, you consent to receiving electronic communications from SO SPOILT.

  1. Privacy Policy:

    1. For the purpose of these T&Cs, “personal information” shall be as defined in the Promotion of Access to Information Act 2 of 2000 (PAIA).

    1. SO SPOILT is committed to protecting your privacy and to taking reasonable steps to protect your personal information. If you have any concerns please contact SO SPOILT by telephone, email or mail using our contact details.

    1. The following information relating to you and your use of the website may be collected by SO SPOILT:

      1. name and surname;

      2. title;

      3. email address;

      4. mobile number or other contact numbers (if provided by you)

      5. delivery address;

      6. billing address;

      7. IP address;

      8. country of residence;

      9. closest city; and

      10. what products are viewed, saved in your basket, saved on your wish list and purchased.

    1. The collected information will be voluntarily submitted by you and/or obtained electronically through use of the website. Your Internet browser settings will determine what information is provided through use of cookies.

    1. The collected information may be used:

      1. to recognize you as an existing user of the website;

      2. to record and inform you of the details of any products placed in your basket or on your wish list;

      3. for the purpose of processing orders;

      4. to ensure that the orders are received by you; and

      5. for sending, with your consent, emails about SO SPOILT products.

    1. No personal information will be disclosed to third parties unless it is done with your consent thereto or where SO SPOILT is legally compelled to do so.

  1. Security Procedures:

    1. You agree and warrant that your user name and password will be kept confidential only used to sign in to the website for your own personal use.

    1. SO SPOILT is entitled to take any steps it considers reasonable to protect and ensure the security and integrity of the website, the services offered through the website and the hardware and software which support the website.

    1. Credit card transactions:

      1. SO SPOILT credit card transactions are processed by SagePay, who accept local and international MasterCard and Visa payments.

      1. SagePay is 3D secure and a PCI compliant operator for credit card transaction processing.

      2. Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order will be cancelled. In addition, you warrant that you are fully authorised to use the credit card supplied for the purpose of paying for your order. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of your order.

      1. The cardholder agrees that SO SPOILT may conduct fraud checks with the cardholder’s bank.

    1. SO SPOILT reserves all rights to institute proceedings under civil and/or criminal law against any person responsible for:

      1. any unauthorised or wrongful access, or attempt to gain such access, to the website or to SO SPOILT’s information or records through the website; and

      1. any harm or damage caused to the website or the software and/or hardware which support the website.

  1. Applicable Law:

This website is hosted, operated and controlled from the Republic of South Africa. The website and issues relating to it are therefore governed by South African law. In accepting these T&Cs you submit to the non-exclusive jurisdiction of the South African courts should a dispute arise between you and SO SPOILT.

  1. Intellectual Property Rights:

The contents of the website pages (including pictures, layout, designs, logos, photographs, written text, data and other materials) are the property of SO SPOILT unless otherwise stated and, wherever appropriate, protected by copyright, common law trademark or registered trademark. You may only print, copy or download content from this website for private use which is not for commercial benefit. To obtain permissions for any other use of any website content you will need to contact us and obtain specific written permission. ALL RIGHTS RESERVED.

  1. Deliveries:

    1. SO SPOILT delivers orders to addresses in South Africa. All orders are, stock permitting, usually dispatched by SO SPOILT within 24 to 48 hours (unless otherwise specified) from receiving confirmation of payment and based on ordinary, local business hours; or receiving the results of any fraud checks from the cardholder’s bank.

    1. Delivery charges are calculated automatically based on the total value and/or weight of all products included in an order, when the order is created. All delivery charges are quoted in South African Rands (ZAR), inclusive of VAT (where this applies) and per parcel per address.

    1. Where more than one product is ordered together, the delivery will be determined by the product with the longest delivery time. It is your responsibility to take this into account and to place separate orders for separate products, if required.

  1. Return Policy:

    1. Should you not be satisfied with any product purchased by you on the website, by reason of a defect, incorrect choice of product, or otherwise, you may, under certain circumstances, be entitled to either be refunded or have the product repaired or replaced, as the case may be. The Refund Policy regulates your rights in this regard, and how products are to be returned to us.

    1. Please also see Refund Policy.

    1. For all returns, except where the item is faulty, you will be required to arrange and pay for the return of the products to us.  We will only issue a refund for the costs of return postage where the item returned is faulty.

    1. To return any products to us, please contact us via email or telephone and we will advise you on how to proceed.

    1. When returning items you are strongly recommended to obtain proof of posting. We cannot accept responsibility for parcels lost in transit. 

  1. Errors:

    1. SO SPOILT endeavours to accurately describe and/or depict each product on the website. Some descriptions or depictions of products may be of a general nature and not specific to the particular product you wish to buy. If you dissatisfied with the product you receive for any reason, you are entitled to return the product to SO SPOILT for a full refund within 7 days of delivery.

  1. Late Delivery:

    1. If a product purchased is not delivered within the agreed delivery period, or where no specific period was agreed, within 30 days after having purchased the Product, the Electronic Communications and Transactions Act No. 25 of 2002 entitles you to cancel such sale on 7 days notice to the seller of such product, should this situation arise please contact us in order to cancel such sale.

  1. All dates quoted for delivery are estimated delivery dates only and may be subject to change and we can accept liability for any loss or damage (whether direct or indirect) for delivery at any time other than the estimated date for delivery. All orders received and accepted will, subject to availability, be dispatched within the stipulated time period as provided at check out.

  1. Refund Policy:

    1. Should you be entitled to a refund for any reason, such refund shall –

  1. in the case of payment having been made by debit/credit card, the refund shall be issued back on to the applicable debit/credit card;

  1. if payment has been made via EFT then the refund will be paid into the same bank account from which the funds were received, being your bank account as reflected on SO SPOILT’s records. SO SPOILT will not, in this instance, pay funds into a third party bank account.

  1. as per paragraph 7.3 above, if an order/sale has been cancelled by you, within 7 days after you have received the product(s); you will be required to return the said product(s) to SO SPOILT to determine if the product(s) is/are in there original condition before a refund is issued.