Giggles & Cotton
Terms and Conditions
These Online Terms and Conditions (hereafter as “T&C’s”) govern the use of Giggles & Cotton website, found at the following URL www.gigglesandcotton.co.za (“the Website”) and all subsequent subdomains and User Interface Applications (“UIA”) and the procurement and sale of products on the Website.
All references to “the Company “, “we“, “us” and “our” in these terms and conditions are deemed to refer to Giggles and Cotton (Pty) Ltd, registration number 2016/157877/07, a company, registered in terms of the laws of the Republic of South Africa and having its registered address at 5 Energy Road, Electron, Gauteng, 2136.
These T&C’s are binding and of full force and effect against every person, whether natural or juristic, including their employees and assigns (“you” or “your”), which accesses or makes use of the Website, whether you are registered or not.
- Acceptance of terms
- By using and exploring any pages or UIA of this Website in any way, you shall be deemed to have accepted the T&C’s unconditionally.
- Nothing in these T&C’s unlawfully restricts, limits or avoids any of your rights or obligations in terms of the Consumer Protection Act.
- Use of the Website
- The use of the Website is entirely at your own risk. You assume full responsibility for any damage, risk, expenses or loss of any nature (including consequential losses or damage) resulting from use of the Website or reliance on any information on the Website.
- The Company will not be held liable for the use of the Website by a minor without parental or guardian supervision or any other unauthorised user.
- You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with this Agreement. The safety of your secure login username and password to access your registered account is your responsibility.
- You agree and warrant that your username and password shall not be disclosed by you to any third party.
- You agree to notify the Company immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm as instructed by the Company.
- You accordingly indemnify and agree to hold Giggles & Cotton harmless against liability for any damage, risk, expense or loss (whether direct, indirect, special or consequential in nature), arising out of or in connection with your access of or use of, or inability to access or use, the Website and/or any content therein.
- Any views or statements made or expressed on the Website’s existing or future discussion forums are not necessarily the views of The Company, its directors, employees, agents and/or assigns.
- In addition to the disclaimers contained elsewhere in these T&C’s, The Company makes no warranty or representation, whether express, implied or tacit, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, any handset or mobile device, hardware or software in any way.
- You accordingly accept all risk associated with the use of the Website, with specific reference to the type of malicious software described above, save where such risks arise due to the gross negligence or wilful misconduct of The Company, its employees, agents or authorised representatives.
- While the Company takes all reasonable measures to ensure that the contents of this Website are accurate and complete, the Company shall not be held liable for any inaccurate information present upon the Website or any discrepancies in prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of the Company or its employees.
- Ownership and Copyright
- The contents of this Website, including any information, software, icons, text, graphics, lay-outs, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to the Company.
- Any unauthorised use, distribution or reproduction of the aforesaid contents is strictly prohibited and contravention of such will result in legal action instituted by the Company against any such unauthorised use.
- To obtain permissions for the commercial use of any content on this site contact our office via e-mail at emailing email@example.com.
- Linked Third Party Websites
- This website may contain links or references to other websites (“Third Party Websites“) outside of our control. These T&C’s do not apply to those Third Party Websites and the Company is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.
- Notwithstanding the fact that this website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and the Company is not liable for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
- Social Media
- The Website may use social sharing buttons, which help share web content directly from web pages to the social media platform concerned. You are advised before using such social sharing buttons that you do so at your own discretion and risk and that the relevant social media platform may track and save your request to share a web page through your relevant social media platform account itself.
- Social Media Platforms communication, engagement and actions taken through external social media platforms in which Giggles and Cotton Website participate are subject to the terms and conditions and privacy policies of each social media platform respectively.
- Advertisers & Sponsors
- The Website may contain sponsored links and adverts, which will typically be serviced by the Company’s advertising partners, which may each have detailed privacy policies relating directly to such sponsored links or adverts.
- Whilst every effort is made to include only quality, safe and relevant external links, on the Website, you are advised to adopt a policy of caution before clicking any external web links (clickable text / banner / image links to other websites) present throughout the Website. The Company cannot guarantee or verify the contents of any external web links, despite its best efforts to do so. You therefore access on external web links present on the Website entirely at your own risk.
- We respect your privacy. Should you decide to subscribe or make use of our Website and e-commerce system, the only personal information that we will require of you is the following:
- Your full name (for identification purposes);
- Your email address (for communication purposes);
- Your physical (for delivery purpose and legal notices);
- Your contact number (for communication purposes).
- Postal / Billing Address (for billing purposes if different to above address)
- You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
- It is your responsibility to update any of your personal information that you provide to us as soon as it is no longer accurate and complete
- Subject to the Regulation of Interception of Communications Act 70 of 2002 (“RICA”), you agree that the Company may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated by you to it, its employees, directors and/or agents. You agree that your consent satisfies the requirements of the Electronic Communications and Transactions Act 25 of 2005 (“ECTA”) and RICA for consent in “writing” as defined.
- Your information that is required by affiliates and subsidiaries to give effect to transactions that you choose to conclude with us is shared with those entities.
- The Company will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to third parties without your consent, unless the use or disclosure is required in order to comply with applicable law, order of court or legal process served on the Company
- Any and all information provided by you for a commercial transaction on our website will be kept in strict privacy* and only for as long as the law permits and in accordance with the Financial Intelligence Centre Act (FICA). Should any fraudulent transactions be recorded, such information will be disclosed to the relevant authorities. *Strict privacy can be interpreted from the Protection of Personal Information Act (POPI Act
- The Company will never ask for personal or sensitive information through social media platforms and encourages you to contact it through primary communication channels such as by telephone or email, should the need arise to share any personal information.
- Website Information Accuracy
- The Website contains information on the Company’s pricing and stock levels pertaining to its products. Whilst the Company does its utmost to make sure that information on the Website is completely correct, situations may arise wherein the information provided on the Website does not correlate with information on the Company’s internal system. In such instances, the information present on the internal system shall be considered to be absolutely correct, and will supersede any information provided through the Website.
- The Company takes all reasonable efforts to accurately reflect the description, availability and purchase prices of goods advertised on the Website. However, should there be any errors of whatsoever nature on the Website, we shall not be liable for any loss, claim or expense relating to a transaction based on such error/s.
- Modifications and Alterations
- The Company reserves the right, at its sole discretion, to modify this Agreement, at any time and without prior notice. If the Company modifies these T&C’s, the Company will post the modification on the Website or provide you with notice of the modification. the Company will also update the “Last Updated Date” at the top of these T&C’s in accordance with the relevant modification. By continuing to use the Website after the Company has posted a modification on the Website, or have provided you with notice of a modification, you indicate through continued use of the website that you agree to be bound by the modified terms.
- Terms and Conditions of Online Sale
- Sale of Goods
- All online sales are governed by the Electronic Communications and Transactions Act notwithstanding the provisions of the Consumer Protection Act.
- These Terms and Conditions of Sale govern the sale of products (“Goods”) by the Company to you via the Website. The Terms and Conditions of Sale are in addition to the terms and conditions of use of the Website, which can be viewed above.
- Once you tick the box labelled “I accept”, these Terms and Conditions of Sale form a legally-binding agreement between you and the Company. You may contact us via email at firstname.lastname@example.org, to obtain a full record of your transaction. We will in any event confirm all your purchase orders with you via email.
- Any goods represented on the site in still or motion image may vary in colour or model variations and are subject to stock availability.
- Prices can vary from time-to-time, due to price reduction or price increases and/or exchange rate and import levies on products that are imported.
- A delivery fee will be added on during checkout.
- Payment for purchase will be immediate on “Checkout” function and can be made by:
- credit card – where payment is made by credit card, we may require additional information in order to verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as this additional information is required;
- any other secure payment system that may be linked to our website for the e-commerce function (i.e. Paypal, PayFast, Snapscan, Surepay or any other similar payment UIA)
- Once you accept these Terms and Conditions of Sale, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
- Giggles & Cotton makes use of a third party courier service company for all deliveries. Kindly take note that any delays caused the courier company for any reason is not be a reflection of Giggles & Cotton as a business and Giggles & Cotton cannot be held liable for delivery delays.
- Giggles & Cotton has requested the courier company not to leave any parcel unattended at a recipient’s address. In the event that there is no person available to accept delivery at recipient’s designated address or if urgent delivery required, you may contact us at email@example.com for special delivery arrangements. Giggles & Cotton has no liability if the courier company leaves the package at an unattended address.
- Any special delivery arrangement may incur additional fees and/or extended delivery times. This will be confirmed via email with you prior to dispatch.
- The average estimated delivery time is 5 to 7 working days subject to stock availability and receipt of payment. Please note that weekends and public holidays could impact delivery date. Once we’ve dispatched your order, we will send you a confirmation email with your order details.
- Any remote area not serviced by regular courier service will need to be routed to the nearest Post Office of your choice. In such event, estimated time of delivery may vary.
- We do reserve the right to charge a 15% handling fee plus delivery (minimum of R50) should the address provided by you to be incorrect or should you wish to cancel the delivery after dispatch has occurred.
- Cancellation and Refund
- You are entitled to cancel your order for the Goods, without penalty, within 7 days of the Goods having been delivered to you in terms of section 44 of the Electronic Communications and Transactions Act. In such an event –
- you will receive a full refund of the purchase price within 30 days of the date of cancelling your purchase;
- you undertake not to utilise the Goods. The Goods must be returned in the original packaging with all the relevant swing tags attached, all undamaged.
- the return of the goods will be at your cost, unless the returns policy below applies.
- your agreement of purchase will then be deemed to have been cancelled.
N.B. Please note that your right to cancel your order for Goods without penalty set out in this clause, shall not apply where the Goods that you have ordered are made to your specifications or are clearly personalised.
- Goods may be returned only when defective, damaged or if the Goods supplied are not the same product as what was ordered. If the Goods are defective in any way alternatively are not the same as what was ordered this must be reported to us within 48 hours via email, after the product having been delivered to you. The product must be returned to us within a period of 14 days after delivery. Please note that we do not accept any returns after 14 working days of delivery of goods.
- If the Goods have been approved for return, we will notify via email with a return form together with all necessary details and return address for posting via registered mail.
- If you are returning Goods via courier or post office please package it carefully so that it does not become damaged on route. Please include the Returns Approval Form and a copy of your original invoice with your return and email us these documents as well as the registered postal slip to, firstname.lastname@example.org. These documents must be emailed to us otherwise we cannot accept any liability should the courier or post office loose the parcel.
- Where returns are received after 7 working days, Giggles & Cotton reserve the right to charge a restock fee of 15% (minimum R50). Please note that courier charges will be for your account in this instance.
- If any party (“Defaulting Party“) breaches any of these terms and conditions and fails to remedy such breach within 14 (fourteen) days of receipt of notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance due up to date of breach and/or to cancel this agreement forthwith upon written notice to the defaulting party, without prejudice to its right to recover:
- any amounts that may be due to it in terms of this agreement; and
- any loss or damage suffered as a consequence of the breach or the cancellation of this agreement.
- Complaints and disputes
- The Company offers you the opportunity to file complaints via the “Contact us” service of the website. Currently the Company does not subscribe to any alternative dispute resolution code or mechanism, however, any disputes can be lodged with the Consumer Protection Tribunal after all internal measures of resolution have been exhausted.
- Governing law and jurisdiction
- Our relationship and/or any dispute arising from or in connection with these terms and conditions of sale shall be governed by the laws of the Republic of South Africa. You hereby agree to be subject to the exclusive jurisdiction of the South African courts.
- Notices and Domicillium for Service
- The Company hereby selects 5 Energy Road, Electron, Gauteng, 2136 as its address for the service of all formal notices and legal processes in connection with these terms and conditions of sale (“domicilium”).
- Your address registered on your account is hereby selected as the address for your domicilium where legal processes may be served. Either party may change its domicilium in terms of any other physical address by not less than 7 days’ notice in writing to the other party. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
- by hand will be deemed to have been received on the date of delivery;
- by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
- by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
- by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
- You may not cede, assign or otherwise transfer your rights and obligations in terms of these terms and conditions of sale to any third party.
- No indulgence, extension of time, relaxation or latitude which any party (“the grantor”) may show, grant, or allow to the other (“the grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
- If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
- No variation, addition, deletion, or agreed cancellation of these terms and conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
- This promotional campaign & or competition (“Competition”) is run by Giggles & Cotton South Africa Limited (“Promoter”) and is open to all persons of 18 years or older and residing in South Africa, except a director, member, partner, employee or agent of, or consultant to the Promoter or any other person who directly or indirectly controls or is controlled by the Promoter, or a supplier of goods or services in connection with the Competition. These rules may be amended by notification at any time during the Competition. Participation by all entrants (“Participants”) constitutes acceptance of these rules. The T’s&C’s will be posted on the Giggles & Cotton website, www.gigglesandcotton.co.za and in the “Notes” section on the Facebook page www.facebook.com/GigglesandCotton/
- HOW THE PROMOTION AND OR COMPETITION WILL RUN:
The competition runs for a limited period commencing on 01 December 2017 at 12:00am and closes on the 28 February 2018 at 23:59pm South African time (the closing date). All entries must be received by the closing date. No entries received after the closing date will be considered and any entries after this date will be rejected automatically.
- Participants need to follow the correct steps and must answer/interact accordingly:Entry Mechanism – Entry via link on Giggles & Cotton’s Facebook page. Click on the link and complete the form, as well as subscribe to our Newsletter. Entry to the competition is free.
- Following this, the participant stands a chance to win a R1000 Giggles & Cotton voucher.
- REWARDING OF PRIZES:
Winners will be contacted by a Giggles & Cotton representative via the email address used to enter the competition. Winners will be required to verbally confirm adherence to the terms and conditions of this competition.
- DRAW DETAILS:
The draw for R 1000 (One Thousand Rand ) voucher will take place on 10 March 2018 09H00 via an automated system managed our agency.Failure to meet any or all of these requirements within 1 (one) week of first being contacted will result in the winner forfeiting their prize.
If a winner does not respond within 1 (one) week of first being contacted by the promoter, is determined not reachable, or if a notification via email/Facebook direct message to a winner is returned as undeliverable, the winner may forfeit their right to receive the prize and a replacement winner may be selected.Giggles & Cotton reserves the right to potentially announce the winners via their social platforms (Facebook) as well as in any future communication to be determined by the brand.
Participation is unlimited per person.
The promoter reserves the right to confirm the identity of the winner/entrant. The winner/entrant may be asked to produce all necessary and valid documentation prior to the adjudication process or prior to the prize being awarded.
The promoter and its agents do not accept any liability for lost, stolen or damaged prizes.
The promoter does not make any representations or give any warranties, whether expressly or implicitly, as to a prize, and in particular, but without limitation, make no representations and gives no warranty that:
1. Your entry or participation in the competition will necessarily result in you winning a prize.
2. A prize, or any aspect thereof, will meet your, or, if applicable, any person’s requirements, preferences, standards or expectations; or
3. A prize, or any aspect thereof, will be satisfactory, punctual, and free from defects, safe or reliable.
Prizes are not transferable, may not be deferred, changed or may not be exchanged for cash or other prizes.
THE PROMOTER’S RIGHTS:
All entries for the Promotion once submitted become the exclusive property of the Promoter and will not be acknowledged nor will they be returned.
Promoter reserves the right to disqualify any entry submitted that they deem, in their sole discretion, to be a violation of these terms and conditions or that are not in keeping with the Promoter’s image.
The Promoter accepts no responsibility for entries that are lost, damaged, corrupted, delayed, and illegal or which are unable to be submitted due to software or hardware failure or for any other reason beyond its control including unavailability of the websites, network or telecommunication failures.
By entering, a participant acknowledges that personal information about prize winners will be shared with the Promoter’s agents to the extent necessary for prizes to be delivered to prize winners.
The Promoter reserves the right to announce winners and post pictures and/or videos on the Giggles & Cotton website page and social media for promotional purposes. In order to claim the prize, the winners must consent to the brand announcing their names on these platforms.
To the extent permitted by law, the Promoter does not accept any responsibility or liability to compensate the participants, or accept any liability for any personal loss or injury occurring using the Prizes or otherwise arising in relation to the Promotion.
To the extent permitted by law, the Promoter does not guarantee the quality of the Prizes and cannot be held liable for any personal loss or damage arising in connection with this Promotion.
The Promoter reserves the right to cancel or withdraw your eligibility to participate in this Promotion, including any offers made under it, in the instance of fraudulent activity or other breach of these terms and conditions.
The Promoter reserves the right to withdraw, amend or substitute this Promotion with another Prize of equal or greater value. Promoter may need to vary these terms and conditions from time to time, at their discretion.
Although the Promoter has taken care to make sure that the prize/s is/are of a good quality, it does not give any warranties about the prize/s and you agree to accept the prize/s as is.
Except for any liability that cannot by law be excluded, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence),for any personal injury; or any loss or damage (including loss of opportunity);whether direct, indirect, special or consequential, arising in any way out of the Promotion including, but not limited to, those arising out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in the Prize to that stated in these terms and conditions; or (e) any tax liability incurred by an entrant/winner.
If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any Entrant/winner; or (b)subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the offer, as appropriate.
These terms and conditions form your entire agreement with the Promoter in relation to this Promotion.
Any questions, comments or complaints regarding the Competition are to be directed to the Administrator via direct messages on Giggles & Cotton South Africa Page.
The Organisers’ contact details: email@example.com