You are reading a legal document which is the agreement between you, the Customer (whom we refer to as “you”, “your” or the “Customer” in this document) We are My Perfect Gift Hamper and we are the owner of this website.
1. Availability of Products and Service:
My Perfect Gift Hamper is serviced internationally and does not restrict any countries from purchasing products from this website.
2. You agree to the following when purchasing from My Perfect Gift Hamper :
2.1 Legally capable of entering into binding contracts;
2.2 18 years old or older;
2.3 Resident in one of the internationally serviced Countries;
2.4 Accessing our website from that country.
3. You are bound to this agreement as follows:
3.1The agreement is binding after the confirmation of your order is dispatched i.e. you will receive a confirmation email stating that your order is dispatched. A confirmation of dispatch applies to each product ordered online thus only those products will be supplied
3.2 Products may be seasonal and therefore not always obtainable. The products rotate according to fashion trends and demand, once a product is sold out, the product line will be removed from the website.
3.3 To subscribe consists of monthly recurring charges, depending on your term selection 1,3,6 months, as mentioned on the subscription page. You therefore agree that you will be charged monthly until written notice is provided by you to cancel the subscription and sent to firstname.lastname@example.org
3.4 After your chosen subscription has lapsed, you will be notified and you may renew your subscription for the desired period of time until it lapses again.
3.5 Subscriptions will automatically expire once the chosen period has lapsed. For prior cancellations email, within 21 working days,email@example.com , for payment related issues email firstname.lastname@example.org
4. Consumer Protection
4.1 As a consumer you may cancel a subscription binding agreement in writing within seven working days, should your written cancellation reach email@example.com within that time period, you will receive a full refund.
4.2 Details of your statutory right of cancellation are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a consumer.
5. Availability and delivery
5.1 The products rotate, therefore once your order is placed only upon dispatch confirmation will you know that the product you ordered is or is not available. Depending on the products selected and the country in which you reside, it may take 2-3 weeks turnaround time. You may opt for speed service delivery at your own cost.
5.2 Subscription service orders are processed on the 20th of every month. Orders received at 1pm on the 20th will be delivered within the first 20 days of the following month, depends on availability, country and postal service selected.
6. Title and risk
6.1 After the order is confirmed by dispatch confirmation, it is yours. This implies that your payment is successful and the postage charges are included. On postage of the parcel and delivery it is at your risk.
7. Payment and price
7.1 Payments are processed by PayPal on My Perfect Gift Hamper website, credit cards are accepted should customers not have a PayPal account.
7.2 Product prices and delivery charges are subject to change, all products have a price and the postage charge is available when the order is placed at Checkout. The postal charges vary according to country and type of delivery courier service or Post office.
8. Returns, Refunds and non-delivery
8.1 Lingerie will not be accepted as a return due to personal hygiene. Any other product complaints returns, refunds and non-delivery must be sent in writing to out client support and quality department, firstname.lastname@example.org
8.1.1 Returns & Refunds: A clear written reason must be sent to email@example.com to return and refund the money. My Perfect Gift Hamper cannot and will not take responsibility for goods that have been damaged in transit, once the items are posted and delivered they are at your risk. As part of our terms of agreement, we will send an item similar to the one ordered should we be put of stock. You will be notified at which then you can decide to receive a refund.
8.2 Should a refund be granted by our client support and quality department, it will be issued via PayPal.
8.3 Non-Delivery & Replacements: My Perfect Gift Hamper cannot and will not be responsible for non-delivered items. All customers will receive a notification that their parcel has been shipped. Should there be an error on our side then we will consider it as long as the complaint is logged in writing wit our client support and quality department. Should customers prefer another item than the one they’ve ordered, it can be replaced with a similar product at the same price, postal charges to return the item and to have the other one shipped in its place, are the customer’s responsibility to pay for the postage.
My Perfect Gift Hamper has suppliers that supply items to them to sell online. It is My Perfect Gift Hamper’s responsibility to certify that the quality control is passed, should there be an issue with the supplier delivering the products then the customer will be notified immediately. It is up to the customer to decide what to do. The products that My Perfect Gift Hamper sends to its customers is in good faith, good quality and high standard.
10. Communication in writing
My Perfect Gift Hamper is welcoming of their customer’s telephone calls. Legally however certain communications must be held in writing. The online store is equipped with email addresses assigned to specific departments. Please contact us in writing and we will also communicate with you in this manner. Your statutory rights will not be infringed in any way.
My Perfect Gift Hamper contact details are displayed on the online store, firstname.lastname@example.org is available for all inquiries. In order to receive communication from you in the form of notices or similar then your information provided to us must be correct. We cannot and will not be hld responsible if this is not the case.
12. Transfer of rights and obligations
12.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
12.4 We reserve the right to pass on data generated to specially selected third parties for research purposes.
13. Uncontrollable events
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
13.2.1 strikes, lock-outs or other industrial action;
13.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
13.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
13.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
13.2.5 impossibility of the use of public or private telecommunications networks; and
13.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
14.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the clauses above.
16. ENTIRE AGREEMENT
16.1 These terms of service and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
16.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
16.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
16.4 Nothing in this clause limits or excludes any liability for fraud.
18. Law and jurisdiction
Contracts for the purchase of Products through My Perfect Gift Hamper and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by South African law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of South Africa.
Copyright and trademark notices
All contents of the My Perfect Gift Hamper Copyright 2015 all rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.