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TERMS AND CONDITIONS
1. PRODUCTS AVAILABLE
The Products available on the Party Shop SA web site
are Party Accessories for all types of functions, from Children s Birthdays,
Adults Birthdays to Weddings, Christmas, Valentines to Hats, Wigs, Masks and
Costumes. Party Shop SA try to keep the products on the web site as
up to date as possible.
Generally all the available themes available for Children s
décor is up to date.
2. COSTS
2.1 PRICES:
2.1.1 The price of each product is
displayed with the product.
2.2 VALUE ADDED TAX:
2.2.1 Value added tax at the rate of
14% is charged on goods bought by South African residents and all prices
displayed include VAT.
2.2.2 VAT is not payable on
international orders.
2.3 TRANSACTION CURRENCY:
2.3. 1 E very transaction that takes
place on Party Shop SA Web site is in the local currency. ZAR South
African Rand
2.4 SHIPPING COSTS:
2.4.1 The cost of shipping within the
borders of South Africa is determined as follows:
2.4.1.1 If the clients selects the delivery option of 1 - 7
days to their nearest post office counter, then the client pays a delivery
charge of 15% of their order.
2.4.1.2 If the client selects the delivery option of 1 - 7 days to their
door, then the client pays a delivery charge of 25% of their order.
2.4.2.0 International deliveries. This is the cost of shipping to the neighboring countries of South Africa.
2.2.2.1 International Customers pay a delivery fee of 35% of their order and
the delivery time is 10 – 20 days Airmail .
2.5 IMPORT DUTIES:
2.5.1 Import duties may be payable by recipients of goods in foreign
countries. Party Shop SA does not know what levies may be payable and cannot calculate or estimate such costs.
3. DELIVERIES
3.1.0.0 Inside the borders of South Africa
3.1.1.0 All items of the Party Shop SA site can be delivered using the 3
different options:.
3.1.1.1 Post Office. 2 – 7 days or overnight.
3.1.1.2 To the door deliveries can either be 2 – 7 days or overnight.
3.2.0.0 Outside the borders of South Africa
3.2.1.0 Delivery usually takes place within 10 – 20 days after dispatch -
however, seasonal peaks and delays at customs etc is outside the control of
Party Shop SA and deliveries may take up to twelve weeks.
3.2.2.0 It is possible to courier goods to international addresses. The costs
are determined on an ad hoc basis. Note that such costs are normally very high.
3.3.0.0 Delays and cancellations
3.3.1.0 Party Shop SA makes every effort to assure that the
information supplied on the site is accurate. Where delays and out of stock
situations occur, Party Shop SA undertake to inform the client
within 48 hours from
time the order is placed.
4. PAYMENT METHODS
4.1 Credit card payments.
4.1.1 At the time of placing the order, the transaction details are presented
to the bank and an authorization is obtained for the amount of the order.
4.1.2 Payment is only collected when the order is completed and the goods
shipped.
4.1.3 Note that to protect it s own and the interests of customers,
Party Shop SA scrutinizes all transactions very carefully to prevent attempted
fraud and a transaction may be refused if Party Shop SA is not satisfied
with it s legitimacy.
4.2 Bank deposit payments.
4.2.1 If the buyer selects the pay via bank deposit button,
instructions will be given on how to deposit monies into the The Magic Party
Shop bank account and would it be subject to the following rules:
4.2.1.1 The exact amount must be paid .
4.2.1.2 The payment must be identified by supplying the order number and
surname in the reference section of the deposit slip or on the electronic
transfer.
4.2.1.3 No transfers must be made from ATM s .
4.2.1.4 Cheque deposits are subject to a clearing period.
5. AGREEMENTS OF SALE
5.1 Placing an item in a shopping basket without completing
the purchase cycle does not:
5.1.1 constitute an agreement of sale between Party Shop SA and users
cannot hold Party Shop SA liable if such items are not available when the
purchase cycle is completed later; and/or
5.1.2 constitute an order for such an item; and
5.1.3 Party Shop SA may remove such an item from the shopping basket
if no stock is available.
5.2 An agreement of sale between Party Shop SA and a
user only comes into effect if and when:
5.2.1 A credit card authorization is received from the issuing bank; or
5.2.2 A deposit of an electronic transfer is reflected on Party
Shop SA bank statement (and only if such payment is received within 5 (five)
business days after completion of the purchase cycle); or
5.2.3 A direct deposit is reflected on Party Shop SA s bank statement
(and only if such payment is received within 5 (five) business days after
completion of the purchase cycle.
5.3 Party Shop SA reserves the right to refuse to
accept and/or execute an order without giving any reasons. Party Shop SA
also reserves the right to cancel orders in whole or in part as circumstances
dictate.
5.4 Party Shop SA shall take all reasonable efforts
to maintain correct prices. However, should errors occur and items are offered
at incorrect prices, Party Shop SA will not be obliged to sell goods at
such incorrect prices and shall only be liable to refund monies paid.
6. STOCK AVAILABILITY
6.1 Party Shop SA shall
take all reasonable efforts to supply the goods that have been ordered. Party
Shop SA will undertake to inform the customer within 48 hours of stock shortages. Should The Magic
Party Shop be unable to supply the goods by the required date requested by the
customer, Party Shop SA will offer alternatives to the products ordered.
7. RETURNS/REFUND POLICY
7.1 Guarantees are not covered for the goods ordered but
Party Shop SA will undertake to:
7.1.1 If Party Shop SA
supplies the wrong product, Party Shop SA will exchange it for the
correct one within 14 days of the return by the customer. Party Shop SA
will make a reasonable effort to exchange the product.
7.1.2 Should Party Shop SA be unable to supply the
goods ordered or offer alternatives, and should payment have been made, The
Magic Party Shop will refund the amount owing to the customer only if the goods
ordered cannot be provided.
8. HYPERLINKS
8.1 No person, business or web
site may link to any page on this site without the prior written permission of
Party Shop SA. Such permission could be obtained from the owner at e-mail
sales at patrtyshopSA.co.za
8.2 Hyperlinks provided on this site to non-Party Shop SA are provided
as is and Party Shop SA does not necessarily agree with, edit or sponsor
the content on such web pages.
9. FRAMING
9.1 No person, business or web site may frame this site or
any of the pages on this site in any way whatsoever.
10. SPIDERS AND CRAWLERS
10.1 No person, business or web site may use any technology
to search and gain any information from this site without the prior written
permission of Party Shop SA. Such permission could be obtained from the
person referred to in clause 8 hereof.
11. DISCLAIMER
11.1 Apart from the provisions of sections 43(5) and 43(6)
of the Electronic Communications and Transactions Act, neither The Magic Party
Shop nor any of its agents or representatives shall be liable for any damage,
loss or liability of whatsoever nature arising from the use or inability to use
this web site or the services or content provided from and through this web
site. Furthermore, Party Shop SA makes no representations or warranties,
implied or otherwise, that, amongst others, the content and technology available
from this web site are free from errors or omissions or that the service will be
100% uninterrupted and error free. Users are encouraged to report any possible
malfunctions and errors to the person referred to in clause 8.
11.2 This web site is supplied on an "as is" basis and has not been compiled
or supplied to meet the user s individual requirements. It is the sole
responsibility of the user to satisfy itself prior to entering into this
agreement with Party Shop SA that the service available from and through
this web site will meet the user s individual requirements and be compatible
with the user s hardware and/or software.
11.3 Information, ideas and opinions expressed on this site should not be
regarded as professional advice or the official opinion of Party Shop SA
and users are encouraged to consult professional advice before taking any course
of action related to information, ideas or opinions expressed on this site.
11.4 All items purchased from Party Shop SA are made pursuant to
agreements with shipping and delivery agents and risk of loss pass from The
Magic Party Shop to such agents upon delivery of any item to such carrier.
11.5 Neither Party Shop SA nor any of its agents or representatives
shall be liable for any damage, loss or liability of whatsoever nature arising
from the use or inability to use any product sold on this web site.
12. GOVERNING LAW
12.1 This site is hosted, controlled and operated from the
Republic of South Africa and therefore governed by South African law.
13. PRIVACY
13.1 Party Shop SA 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/html/govdocs/legislation/2000/act2.pdf
13.2 Party Shop SA may electronically collect, store
and use the following personal information of Users:
13.2.1 name and surname;
13.2.2 country of residence;
13.2.3 closest city;
13.2.4 enquiry; and
13.2.5 e-mail address;
13.3 Party Shop SA collects, stores and uses the
abovementioned information for the following purpose:
13.3.1 subject to the User s consent, inform the User of special offers;
13.3.2 subject to the User s consent, inform the User about reminders of
Birthdays coming up and asking if Party Shop SA can assist with any
products.
13.4 The User may elect not to receive any communications
from Party Shop SA.
13.5 Party Shop SA may collect, maintain, save,
compile, share, disclose and sell any information collected from users, subject
to the following provisions:
13.5.1 Party Shop SA shall not disclose personal information from
Users unless the User consents thereto;
13.5.2 Party Shop SA shall disclose information without the User s
consent only through due legal process; and
13.5.3 Party Shop SA may compile, use and share any information that
does not relate to any specific individual.
13.6 Party Shop SA owns and
retains all rights to non-personal statistical information collected and
compiled by Party Shop SA
14. SECURITY
14.1 Any person that delivers or attempts to deliver any
damaging code to this web site or attempts to gain unauthorized access to any
page on this web site shall be prosecuted and civil damages shall be claimed in
the event that Party Shop SA suffers any damage or loss.
14.2 The user allows Party Shop SA to take all reasonable steps to
ensure the integrity and security of the Party Shop SA site and
back-office applications.
14.3 All credit card transactions are Secure Socket Layers encrypted.
15. CHANGES TO AGREEMENT
15.1 Party Shop SA may, in its sole discretion,
change this agreement or any part thereof at any time without notice.
16. DOMICILIUM
16.1 Party Shop SA 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,
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17. TERM AND TERMINATION
17.1 This agreement shall commence when the user logs onto
the Party Shop SA site and continues indefinitely until terminated by Party Shop
SA in terms of clause 14 hereto or for any other reason.
18. GENERAL INFORMATION
18.1 Party Shop SA is run as a sole proprietor
18.2 Party Shop SA e-mail address is as follows:
sales at partyshopSA.co.za
18.3 Party Shop SA contact details are as follows:
Cell phone :
Fax Number:
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