SA Scrapbook Terms & Conditions
These Terms are binding on all persons who access the website without qualification or exception. By entering the website or ordering products from SA Scrapbook, the User agrees to be bound by and shall be deemed to have accepted these Terms, which the User acknowledges to have read and understood. If the User does not agree to any of the Terms, the User should not enter, view or make use of the website.
• The headings to the clauses of these Terms are for reference purposes only and shall in no way govern or affect the interpretation of nor modify nor amplify these Terms nor any clause hereof.
• Unless the context dictates otherwise, the words and expressions set forth below shall bear the following meanings and cognate expressions shall bear corresponding meanings:
• “Business Day” shall mean any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa;
• “Intellectual Property” shall mean all intellectual property subsisting in, pertaining to or used on the Website including, without limitation, patents, inventions, copyright, trademarks, goodwill and/or trade secrets;
• “Parties” shall mean the User and SA Scrapbook and “Party” shall, as the context requires, be a reference to any one of them;
• “Personal Information” shall mean information which identifies a User to third parties;
• “Terms” shall mean these terms and conditions;
• “User” shall mean the user of the Website in terms of these Terms;
• “VAT” shall mean value added tax imposed in terms of the Value Added Tax Act, No. 89 of 1991 (as amended), including any similar tax which may be imposed in place thereof from time to time; and
• “Website” shall mean the website located at www.SA Scrapbook.co.za/and includes any part or element thereof.
• Unless inconsistent with the context or save where the contrary is expressly indicated an expression which denotes:
• any one gender includes the other genders;
• a natural person includes an artificial person and vice versa; and
• the singular includes the plural and vice versa.
• Where any term is defined within the context of any particular clause in these Terms, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the same meaning as ascribed to it for all purposes in terms of these Terms, notwithstanding that that term has not been defined in this clause.
• The expiration or termination of these Terms shall not affect such of the provisions of these Terms as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
• These Terms shall be binding on and enforceable by the estates, heirs, executors, administrators, trustees, permitted assigns or liquidators of the Parties as fully and effectually as if they had signed these Terms in the first instance and reference to any Party shall be deemed to include such Party’s estate, heirs, executors, administrators, trustees, permitted assigns or liquidators, as the case may be.
• Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.
2. PAYMENT OPTIONS
• Payments may be made by credit card or via Electronic Fund Transfer (“EFT”) into the bank Account of SA Scrapbook and the User undertakes to pay the final purchase price (including VAT and any and all courier costs and other charges reflected in the confirmatory e-mail) using one of these methods. SA Scrapbook will not accept any payment by cheque.
• Notwithstanding any other clause contained in these Terms, SA Scrapbook shall have no duty to deliver any product until full payment has been received as follows:
• where payment is being made by credit card transaction, such payment needs to have been cleared by the relevant bank and credited to SA Scrapbook bank account; and
• where payment is being made by EFT, such payment needs to have been credited to SA Scrapbook’s bank account
• where payment by credit card is not processed by the relevant bank and credited to SA Scrapbook’s bank account within 48 (forty eight) hours; or by EFT is not credited to SA Scrapbook’s bank account within 48 (forty eight) hours of the time of placement of such order, the User’s order will be cancelled immediately, and SA Scrapbook shall send a notification of such cancellation to the User via email to the address provided by the User when the User registered on the website
• For speedy delivery of your order SA Scrapbook makes use of courier services. For tracking and any queries for domestic deliveries you can contact us at email@example.com. There is a small fee payable for shipments.
• Unless otherwise agreed or stipulated in the User’s order or on the Website, the User’s order will be delivered by the courier company or persons, as may be specified by SA Scrapbook, to the address provided during the order process. The User may also collect the order from SA Scrapbook’ address specified in clause 3.1 above when option is available.
• Although every effort will be made to ensure that delivery takes place within the time period specified in clause above, the size and quantity of an order as well as the distance between SA Scrapbook and the delivery address provided, amongst other circumstances, may require a longer period for delivery. The User will be notified from time to time of any anticipated delays with delivery and, in such circumstances, the updated delivery time will substitute and take preference over the delivery time stipulated in the confirmatory email or reflected on the SA Scrapbook’s invoice.
• The User acknowledges that SA Scrapbook shall rely on the accuracy of the delivery address as provided by the User. SA Scrapbook does not verify the accuracy of any particulars of a delivery address provided by the User. The User shall check the accuracy of the delivery address every time when placing an order. SA Scrapbook shall not be liable for any costs, loss, damages or claims incurred by the User relating to an inaccurate or incorrect delivery address provided by the User.
• Risk in respect of ordered products will pass to the User once they have been collected from SA Scrapbook premises by the relevant courier or the User, as the case may be. Ownership in such ordered products will, however, remain reserved until the full purchase price and all outstanding sums (including VAT and any and all applicable delivery charges, costs, fees and the like) due by the User have been paid to and received by SA Scrapbook.
• Although the risk in respect of order products will pass to the User in terms of the provisions of clause above, SA Scrapbook will, as a courtesy to the User, insure ordered products up to a value of R1,000.00 (one thousand rand). If the User wishes to insure the ordered products for an amount that exceeds R1000.00 (one thousand rand), the User shall inform SA Scrapbook of this in writing and the User shall be liable for any costs and premiums in respect of the increased insurance.
• Should you for any reason wish to cancel your purchase we have the right of choice whether to take the order back and you will be liable for all shipping costs that may arise, caused by the shipping of the requested item back to the original seller. An additional 15% handling fee will also be charged.
• You must advise us in writing of your cancellation and any such cancellation must be signed by the person who made the original purchase.
No returns are accepted other than in the case of damaged goods, in which instance the damaged item must be returned in its’ original packaging to SA Scrapbook. For merchandise damaged in transit, please contact the relevant freight company to inspect the goods and to file a freight claim.
5. PLACING AN ORDER
• Only persons aged 18 years and over, who are legally entitled to do so are permitted to place orders on the Website.
• By placing an order, the User represents and warrants that:
• he is legally capable of entering into binding contracts;
• he is at least 18 years of age; and
• he agrees to be bound by these Terms.
• By doing so, the User accepts that SA Scrapbook will rely on his representation that he has unfettered legal capacity to contract and that he is over 18 years of age.
• Before proceeding to finalize any order, the User will be given an opportunity to review and, if required, correct the contents of his order as well as any information or addresses provided. Upon finalizing this process, notification thereof will be sent to SA Scrapbook and the User’s order will only be deemed to be accepted once SA Scrapbook has processed such order and sent the User a confirmatory email.
• Subject to clause above, the products and prices stated on the Website are only valid while stocks last.
• SA Scrapbook will in no way be held liable to provide a product at an expired price or where the product concerned is no longer in stock or available.
• The products described or graphically represented on the Website may differ in color, shape, form, design, contents and appearance from the final product delivered.
• Banking details for EFT
Bank Name: Nedbank
Bank Branch: 169745
Account Number: 111 0911 114
6. CANCELLATIONS & RETURNS POLICY
• *20% Handling fee charged on any items returned. We have a 7-day, no questions asked, Money-Back Guarantee, handling fee might be applicable. If you are unhappy with any product you receive, you may return it, undamaged and unopened, within 7-days of the date we shipped it and we will cheerfully refund you. We encourage our customers to inspect the contents of their package(s) as soon as their order is delivered to ensure that you have plenty of time to take advantage of our 7-day refund policy.
• To qualify for the refund, product(s) must arrive at our physical address within 14 days of the original shipment and in the same condition we shipped it – unopened, unused, and undamaged in its original condition and any and all seals, packaging, labels, shrink-wrap and/or boxing remains intact. Please repack the products carefully for the return trip to avoid damage in transit. Products that have been opened, used, or damaged in transit will not be accepted for return and will be returned to the customer at the customer’s expense. If you believe there will be a problem with the product reaching us within the 14-day period, contact our customer service department to make special arrangements. We’re here to help and to work with you to find a solution.
• For our customers’ protection, we maintain a very high level of quality control on products shipped out of the SA Scrapbook warehouse. Once in a great while a customer will inform us that they open a product packaged by the manufacturer and the product is defective. In the event you receive a defective product, please contact us immediately and we will ship you a replacement as soon as we receive proof of the product default or after we have received the faulty product.
• Any product returned must be accompanied with the User’s proof of payment in respect of such product. The product must be returned via courier (not via post office courier or service) to SA Scrapbook physical address specified in clause 3.3.1 in on the terms & conditions page or otherwise the relevant closest address can be requested for returns from any of our contacts listed on the contact us page. No returns will be accepted sent via Post Office as damage and/or losses can easily occur.
• If the return is due to our error, we will, of course, repay your return shipping costs at the value paid to deliver to you as customer.
• If a product is returned in to SA Scrapbook, SA Scrapbook will, following receipt and examination of such product, reimburse the User with the purchase price paid by the User for the product, excluding any applicable delivery costs and/or charges, unless the product was faulty according to the manufactures warrantees, then the price paid for the product and all relevant shipping costs occurred for placing the order.
• No provision stated in these Terms regarding SA Scrapbook’s cancellation and returns policy will affect or be interpreted to deny the User any of his unalterable statutory rights.
• If a User has cancelled an order, and the User wishes to revive such order, the User needs to place a new order for the products concerned. Product availability cannot be guaranteed.
• The User hereby indemnifies SA Scrapbook and holds it harmless against any and all liability, loss, damage, penalty, lost or claim of any nature whatsoever suffered by him or any third party in relation to any act or omission by the User or, where applicable, the User’s shareholders, members, directors, officers, employees, representatives, agents or assigns or any third party in relation to the Website and the use thereof by the User, and/or arising from the provisions of these Terms.
• The User assumes all responsibility and risk for the use of the Website and SA Scrapbook disclaims all liability for any loss, injury, damage, cost, penalty or claim resulting from the use of the Website, whether direct or indirect, and whether or not SA Scrapbook has been advised of or has knowledge of the possibility of such loss, injury, damage, cost, penalty or claim.
• SA Scrapbook will not be held liable for any delay, failure, breach or non-compliance with its obligations under these Terms if such delay, failure, breach or non-compliance is beyond the reasonable control of SA Scrapbook.
• These Terms do not intend to, nor shall they be interpreted to, limit the liability of SA Scrapbook in any way which would be illegal for SA Scrapbook to exclude or attempt to exclude or where such exclusion is prohibited by the Consumer Protection Act, 2008 or the Electronic Communications and Transactions Act, 2002, or any other law in force from time to time in the Republic of South Africa.
• The User may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Website’s contents without the prior written consent of SA Scrapbook. The User may download and print 1 (one) copy of the Website’s contents for personal, non-commercial and information purposes only.
• SA Scrapbook reserves the right to make any changes to the Website, its content and/or services offered through the Website at any time and without prior notice.
• Content published on the Website reflects the views of the author and does not necessarily constitute the official opinion of SA Scrapbook unless otherwise stated.
• No content that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language may be posted on the Website nor may such content be associated in linking to the Website.
• Any material uploaded by the User to the Website will be deemed to be non-confidential and in uploading such material the User cedes and assigns all rights in such material to SA Scrapbook. SA Scrapbook shall be free to copy, adapt, distribute and disclose to third parties any such material for any purpose in any form throughout the world in perpetuity. The User waives any moral rights that it may have in such material.
• The Website may contain links to other websites. SA Scrapbook has no control over such websites, does not review their content and will not be liable for their content or accuracy. The User accesses such websites at the User’s own risk and discretion.
• The User may link to this Website, provided that the User will only provide a link to this Website’s homepage and will not replicate any particular page, including the homepage. When linking to this Website, the User confirms and agrees that it will comply and ensure compliance with the requirements of this clause.
• Although every effort will be made to have this Website available at all times, the Website may become unavailable due to maintenance or repairs, loss of connectivity or some other form of interruption. SA Scrapbook does not warrant against nor will it be held liable for such downtime and is hereby indemnified from any loss, damage, claims, costs or penalties incurred as a result of such unavailability.
• If the User chooses or is provided with identification codes, usernames, passwords or any similar form of identification information as part of the Website’s security systems, such User must keep this information secret and confidential and must not permit anyone else to use it. The User shall be responsible for all access to the Website with the User’s username and password. When the User’s username and password have been used in order to gain access to the Website, SA Scrapbook shall be entitled to assume that such use and all related communications emanate from the User. SA Scrapbook shall not be liable for any loss or damage arising from unauthorized use of the User’s identification information.
• In the event that the User becomes aware of a breach of the confidentiality of the User’s username and password, the User must immediately communicate this to SA Scrapbook with subsequent confirmation in writing. The compromised username and password will be deactivated as soon as reasonably possible and a new username and password will be issued to the User. SA Scrapbook may, in its sole and absolute discretion and for any reason whatsoever, require the User to change his username and password at any time.
• If the User commits any breach of these Terms or in any other way interacts with or uses the Website in an unlawful or unauthorized manner, SA Scrapbook shall be entitled, in its sole and absolute discretion, to terminate the User’s access to the Website immediately, without prior notice, without any liability on SA Scrapbook’ part and without prejudice to SA Scrapbook’ rights in terms of these Terms or at law. Following such termination, the User will forfeit the right to link to this Website as described above.
• By accessing the Website, the User represents and warrants that he owns and/or otherwise controls all of the rights to the content that he posts and/or uploads. Furthermore, the User represents and warrants that the content submitted to the Website is:
• usable; and
• will not cause injury, defame any person or breach any clause of these Terms or any law.
• SA Scrapbook is hereby indemnified from and against any and all loss by any person, which results from a breach of these representations or warranties.
• Any commentary, advice, information, suggestions, opinions, answers or any other information posted on the Website s not intended to nor shall it be interpreted to amount to advice on which reliance should be placed and are posted merely for guidance purposes only. The User makes use of any such information at his own risk and in his own discretion and disclaims and indemnifies SA Scrapbook from and against any and all liability and responsibility arising from any reliance placed on such information whether posted on the Website or by any other person visiting the Website.