Our Website is owned by Box Boutique.
By using Our Website in any way, or by buying from us, you agree to be bound by these terms and conditions. Do not use Our Website if you do not agree to these terms and conditions.
These terms and conditions are important and should be carefully read.
No person under the age of 18 years may purchase Goods on Our Website.
|“Carrier”||means any person or business contracted by Box Boutique to carry Goods from Box Boutique to you.|
|“Consumer”||means any individual who, in connection herewith, is acting for a purpose which is outside his business.|
|“Content”||means any content in any form published on Our Website by us or any third party with our consent.|
|“Goods”||means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.|
|“Our Website”||means any website of Box Boutique and includes all web pages controlled by Box Boutique.|
|“Post”||means display, exhibit, publish, distribute, transmit and/or disclosure of information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.|
In these terms and conditions unless the context otherwise requires:
- these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
- Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
- Any obligation of any person arising here from may be performed by any other person, unless specifically stated otherwise.
- References to a party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.
- The headings to the paragraphs and schedules (if any) in these terms and conditions do not affect the interpretation.
- A reference to an act or regulation includes the new law of substantially the same intent as that act or regulation.
- In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
- These terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
- If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
- Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available. You agree that stock of Goods is limited. If you have placed an order and Goods are out of stock, we will notify you and you will be entitled to be refunded in the amount that you paid for the Goods.
- We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
- The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
- If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply insofar as they can be applied.
- We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
4. Acceptance of your order
- Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you.
- At any time before the Goods are dispatched, we may decline to supply the Goods to you without giving any reason. If we reject your order, we will notify you that the order is cancelled, and we will refund you for amounts already paid for the Goods of the rejected order.
- If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
- accept the alternatives we offer;
- cancel all or part of your order.
5. Price and Payment
- The price payable for the Goods that you order is clearly set out on Our Website.
- It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
- Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Rand will be borne by you.
- If by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
- Unless specified otherwise, the price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
- If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 20 days from the date when we accept that repayment is due.
6. Security of your credit card
We take care to make Our Website safe for you to use.
- Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
7. If you buy as a Consumer
This paragraph applies if and only if, you are a consumer as defined in the Electronic Communications and Transactions Act 2002.
- As required by the law, details of our after-sales service and guarantees, if any, are given in Our Website terms and conditions or in catalogues.
- You may cancel your order at any time before the expiry of 7 days from the date you receive the Goods, not including the day you received it.
- The option to cancel your order is not available:
- if you purchase sealed Goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
- if the Goods become mixed inseparably (according to their nature) with other items after delivery.
- You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
- If the Goods you return, show any sign of damage then we shall be entitled to deduct the cost from your refund money.
- In the event of cancellation of an order by you in compliance with these terms, we will refund any money due to you within 30 days.
- To assist us in identifying your Goods on receipt by us, we ask you to provide the telephone number for a return reference to be placed below our address/returns label.
- This paragraph does not affect your rights in the event that the Goods are faulty.
8. Delivery and pick up
- Delivery of Goods is via a courier.
- Unless otherwise stated, Goods are delivered as soon as reasonably possible but not later than 30 days from the date that we receive payment for your order. We aim to deliver within 7 days from the day you place an order to purchase the Goods. PLEASE NOTE, however, that no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
- Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
- If we are not able to deliver your Goods within 7 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
- We may deliver the Goods in instalments if they are not all available at the same time for delivery.
- All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
- Signing “Unchecked”, “Not Checked” or similar is not acceptable.
- If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
- Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
- Some heavy or large Goods may carry additional delivery charges.
- Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
- We are happy for you to pick up Goods from our shop/ warehouse provided you make an appointment in advance and payment has been received into our bank.
- If you pick up Goods from our premises then:
- Goods are at your risk from the moment they are picked up by you or your Carrier from our shop/warehouse;
- you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.
9. Foreign taxes and duties
- If you are not in South Africa, we have no knowledge of, and no responsibility for, the laws in your country.
- You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
10. Liability for subsequent defects
- We will repair or replace Goods which fail to comply with the provisions of the Consumer Protection Act 2008 or which show a defect. If you claim that the item is defective, the following conditions apply:
- the defect must be reported to us within two weeks of becoming apparent;
- the defect results only from faulty design or manufacture;
- you have returned the defective Goods or parts to us if we have so requested.
- If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge.
- If we repair or replace the Goods, you have no additional claim against us in respect of the defect.
11. Goods returned
These provisions apply in the event that you return any Goods to us for any reason:
- We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
- Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.
- The Goods must be returned to us as soon as any defect is discovered but not later than 7 days.
- So far as possible, Goods should be returned:
- with both Goods and all packaging as far as possible in their original condition;
- securely wrapped;
- including our delivery slip;
- at your risk and cost.
- You must tell us by email message to firstname.lastname@example.org that you would like to return Goods, specifying exactly what the Goods are and when they were purchased, and giving full details of the defect or other reason for return. We will then issue you with a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
- In returning faulty Goods please encloses with it a note clearly stating the fault and when it arises or arose.
- If we agree that the Goods are faulty, we will:
- refund the cost of return carriage;
- repair or replace the Goods as we choose.
- The law differs from one country to another. This paragraph applies so far as the applicable law allows.
- All the conditions, warranties or other terms implied by the law of any country other than South Africa are excluded here from to the extent permitted by law.
- We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
- You are advised that Content may include technical inaccuracies or typographical errors. We would be grateful if you bring to our immediate attention, and that you find.
- We give no warranty and make no representation, express or implied, as to:
- the quality of the Goods;
- any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
- the correspondence of the Goods with any description;
- the adequacy or appropriateness of the Goods for your purpose;
- non-infringement of any right.
- We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
- Except in the case of liability for personal injury or death, our liability hereunder is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.
13. Your account with us
- You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
- If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
- You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also logged in to your account and changed your password.
14. How we handle your Content
- If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
- Even if access to your text is behind a user registration it remains effective in the public domain because someone has only to register and log in, to access it. You should, therefore, avoid Posting unnecessary confidential information.
- We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
- We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
- You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1978.
- Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
- You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
- You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
- Please notify us of any security breach or unauthorised use of your account.
15. Removal of offensive Content
- For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
- We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
- If you are offended by any Content, the following procedure applies:
- Your claim or complaint must be submitted to us by email to email@example.com.
- after we receive notice of a claim or complaint, we shall investigate;
- If we agree the Content is offensive, we shall remove the offending Content as soon as we are reasonably able;
- We may re-instate the Content about which you have complained or not.
- In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
- You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees if any.
16. Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
- link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
- download any part of Our Website, without our express written consent;
- collect or use any product listings, descriptions, or prices;
- collect or use any information obtained from or about Our Website or the Content except as intended by in these terms and conditions;
- aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by these terms and conditions or as is reasonably necessary for your use of Our Website;
- share with a third party any login credentials to Our Website.
- Despite the above terms, you may:
- create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
- you may copy the text of any page for your personal use in connection with the purpose of Our Website.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
- your failure to comply with the law of any country;
- your breach of these terms and conditions;
- any act, neglect or default by any agent, employee, licensee or customer of yours;
- a contractual claim arising from your use of the Goods;
- a breach of the intellectual property rights of any person.
18. Intellectual Property
- We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in the text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
- Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
- You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
- Subject to the other terms herein, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
19. Miscellaneous matters
- When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
- Where we provide goods without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
- If any term or provision of these terms and conditions is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
- No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- Any communication to be served on either party by the other shall be delivered by hand or e-mail.
- It shall be deemed to have been delivered:
- if delivered by hand: on the day of delivery;
- If sent by e-mail to the address from which the receiving party has last sent an e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
- In the event of a dispute between the parties to these terms and conditions, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
- These terms and conditions do not give any right to any third party.
- Neither party shall be liable for any failure or delay in performance of these terms and conditions which is caused by circumstances beyond his reasonable control.
- The validity, construction and performance of these terms and conditions shall be governed by the laws of the Republic of South Africa.