Terms and Conditions
IMPORTANT! Please make sure you read the Terms and Conditions of Sale for Gift
in a Box Website! Please ensure that you read the terms and conditions
carefully as you will be required to acknowledge that you have read, understood
and accepted them before you will be able to place an order!
Acceptance of Terms:
Your use of this site indicates your acceptance of these terms and your
agreement to follow and be bound by them. By entering your personal details on
this website, you are deemed to be bound by these Terms & Conditions. Do
not use the site if you do not agree to be bound by these terms. We may
periodically change the terms, without notice, so kindly check them from time
to time as your continued use of the site signifies your acceptance of any
Orders placed on the Gift in a Box website constitute your offer to purchase
subject to this agreement. Gift in a Box will be under no liability for any
order received until the order is accepted in writing. An accepted order may
only be cancelled or varied with Gift in a Box’s consent; the giving of such
consent shall not in any way prejudice Gift in a Box’s right to recover from
the Purchaser full compensation for any loss or expense arising from such
cancellation or variation. The provision of goods by Gift in a Box is subject
to availability. In cases of unavailability, Gift in a Box will refund the
client in full within 30 days.
Security / Privacy:
Gift in a Box 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 You agree to be
responsible for your use of this website (as well as for use of your account by
others, including without limitation any person under the age of eighteen
years). Gift in a Box only stores customer data for its own use and not for
resale to third parties.
Prices of Goods are inclusive of VAT and do not include Delivery Fees.
Notwithstanding any price specified in the order acceptance, the price of any
item of goods shall be that ruling on the date of their dispatch.
Payment / Retention of Title:
Gift in a Box shall be authorised to debit the aggregate amount payable for the
goods ordered against the authorised Payment Card supplied by you when
completing your order. Gift in a Box shall be entitled to debit your Payment
Card on acceptance of your order and prior to delivery. By submitting your
order, Identity Number and Payment Card details, you warrant that you are over
the age of eighteen, are authorised to make payment with the Payment Card and
that there are sufficient funds available to pay for the order. Payment terms
shall be as agreed between the parties in writing at the time of the Contract.
Ownership in the Goods shall not pass until the full contract price has been
paid in full.
Payment options accepted
Payment may be made via Visa, MasterCard or Diners Club credit cards or by bank transfer into
Gift in a Box’s bank account, the details of which will be provided on request.
Credit card acquiring and security
Credit card transactions will be acquired
for Gift in a Box via PayGate (Pty) Ltd who are the approved payment gateway
for Standard Bank of South Africa. PayGate uses the strictest form of
encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are
stored on the website. Users may go to www.paygate.co.za to view their security
certificate and security policy.
Customer details separate from card details
Customer details will be stored by Gift in a Box 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
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
Force Majeure/ Delivery:
Gift in a Box will exercise every reasonable effort to meet any quoted or agreed
dispatch date. Gift in a Box shall not however be liable for any loss or damage
due to delays or failure to ship resulting from any cause beyond its reasonable
control, such as but not limited to compliance with laws or regulations, acts
of God, acts of omissions of the Purchaser, acts of civil or military
authority, judicial action, defaults of sub-contractors or suppliers,
availability of stock, labour disputes, failure or delays in transportation,
embargoes, wars or riots. For verification purposes, the person accepting
delivery at the delivery address may be required to produce a form of
identification. Any person other than yourself who receives the Products at the
delivery address is conclusively presumed to be authorised to accept delivery
on your behalf. Gift in a Box has outsourced all delivery and collection
arrangements. Accordingly, Gift in a Box shall not be liable for any damage
suffered or loss incurred by reason of any acts or omissions of the deliverer,
its directors, employees, sub-contractors, agents, representatives and/or
Country of domicile
This website is governed by the laws of South
Africa and Gift in a Box chooses as its domicilium citandi et executandi for
all purposes under this agreement, whether in respect of court process, notice,
or other documents or communication of whatsoever nature.
Gift in a Box does not warrant that the functions provided by the site will be
uninterrupted or error free, or that the site or the server that makes it
available are free from viruses or other harmful components. You hereby
indemnify Gift in a Box, its officers, members, employees, successors and
assigns from any liability, loss or damage whether direct, special, indirect,
incidental or consequential resulting from any claim, complaint, dispute,
proceeding or cause of action against any of them related to the items or any
other Goods, including without limitation their purchase, delivery, late
delivery, non-delivery, or use. Notwithstanding any other provisions contained
herein, Gift in a Box liability whether in contract or delict arising from any
breach of any obligation in terms of this agreement, negligence or otherwise
shall not exceed at any time more than double the monetary value of the order
in respect of which any such dispute or claim arises.
Trademarks, Service Marks and Registered Design:
The Purchaser shall not, without the written consent of Gift in a Box: (a) Apply
any trademark service mark or registered design to the Goods,(b) Make any use
of the name or trademark service mark or registered design of Gift in a Box.
(c) Remove, alter or obscure any trademark applied to the Goods, their
packaging or accompanying materials by Gift in a Box.
This website is run by Isabelle Gariazzo (sole proprietor) based in South Africa
trading as Gift in a Box.
This Agreement constitutes the whole agreement between the parties relating to
the subject matter hereof . No variation or addition to these Conditions shall
be effective unless contained on the face of the order acceptance or in a
written instrument signed by a duly authorized representative of Gift in a Box
and a copy of such instrument is annexed to the order acceptance.