Effective date: April 09, 2019
Gift Genie (“us”, “we”, or “our”) operates the https://www.giftgenie.co.za website (the “Service”).
General
Gift Genie (www.giftgenie.co.za) owns and operates this website. Access to and the use of this website and the products and services available through this website collectively are subject to the following terms and conditions and this agreement is a binding legal agreement between you and Gift Genie.
The services, products, all data, design, text, images, graphics including all arrangements thereof, contained therein are proprietary, confidential under this agreement. By using any portion of the services, you agree to be bound by the terms of this agreement.
We reserve the right to withdraw or amend the services, prices or products without notice. We will not be held liable for any reason if this website is unavailable at any time. From time to time we may restrict access to some or parts of this website.
When you submit an order, you agree to do so subject to the prevailing terms and conditions.
Ability to use the service
In order to use this service, you must be at least 18 years of age and in possession of a valid credit card. If you are 13 years of age (minimum age) you must have parental consent, to use any of these service(s) on Gift Genie’s website. You have understood and read these terms and conditions. If you do not have parental consent or you do not agree to all the terms and conditions, you may not use this service.
Privacy Policy
Gift Genie respects your privacy and any personal information you provide to us on our website or our social media pages. Your details will be treated confidentially.
When you place your order, we use the details you provided to process the items/products and to deliver to the intended giftee as per the details provided upon checkout. You agree that we may use such data and information you submitted through this service, you consent to the collection, use and disclosure of your information in accordance with this policy.
We are not responsible for the information you choose to make public in any of the community networking features available on or through the service.
Information Collection
What are cookies? A cookie is a file our server writes to your hard drive that contains an alphanumeric identifier. The identifier helps us manage and report your interaction with the Service. Cookies help us to improve the service, keep count of return visits to our website, date & time you visited the service and your current IP address, collect and report on aggregate statistical information, authenticate your login credentials, or manage multiple instances of the service in a single browser.
Terms of Sale
All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from courier delays or force majeure beyond our control and Gift Genie may not be held responsible for such occurrence.
Orders will only be placed once payment has been received and confirmed. Once the order has been placed and is ready for dispatch, you will receive communication with the courier tracking number.
Refunds/Returns
All refunds will be given to the sender/purchaser and not the recipient of the gift.
Should any items arrive damaged, please pop us an email to info@giftgenie.co.za with photos of the damaged item(s) so we can investigate this, please lodge your query with us within 48 hours after the parcel has been received. After 48 hours upon receiving the gift box, we will consider the item(s) as sold and final and it will be handled as satisfied and complete.
Pricing and availability
All prices are subject to change without prior notification and valid while stocks last.
Delivery
We know how important it is to receive the gift item(s) as soon as possible. All our products are outsourced by third parties and are either hand-made to order or subject to availability at the time of the order being placed. Processing of the gift item(s) can take but not limited to 7 business days, over and above the delivering of your ordered items/products.
An extra surcharge fee will apply should you wish delivery to be on a Saturday, unfortunately no Sunday deliveries.
Delivery costs are charged extra and are indicated in the “Total Cost.”
We cannot be held liable or take responsibility for any delivery delays due to the incorrect information provided upon checkout. When ordering the item(s) during any public holidays, please ensure the recipient is available at the address provided and not gone on holiday, as we cannot take responsibility for lost, damaged, expiring or perishing of the item(s).
Please note:
An additional fee/surcharge will be levied over and above the normal courier fee for parcels delivered to a Chain store or an Embassy and to regional towns which require special trips to be arranged, please pop us an email at info@giftgenie.co.za to inquire what these charges are and how long it will take for delivery before processing your order.
Personalisation of items
Upon the final approval of your personalised item(s), full payment is required before production can commence of any product.
Cancellation of any personalised orders that have already been sent for production cannot be refunded or returned, as we cannot resale any of those item(s). Please ensure all Personalisation details are correct and always double-check that all details provided is correct.
Disclaimer of Liability
The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. You agree that Gift Genie shall not be held liable for any direct, indirect, incidental, errors in content or system shutdowns including but not limited to damages resulting from use of this website, products and/or services. Your use of this service and/or products is at your own risk and we cannot be held liable for any losses, damages, personal injury, sustained in these events.
Indemnity
You agree to indemnify, defend and hold harmless(www.giftgenie.co.za), its directors, officers, employees, consultants, agents, suppliers and affiliates, from any and all third party claims, liability, damages and/or costs(including, but not limited to, legal fees) arising from your use of this website, products or your breach of the terms of service.
Allergies & Intolerances
If you or the recipient of the gift items have any food allergies or intolerances, you/they must discontinue use immediately. The directors, officers, employees, consultants, agents, suppliers and affiliates, from any all third party claims, liability, damages and/or costs from the use of any or all products cannot be held liable. All our products are outsourced by third parties to Gift Genie.
Please note: These foods are produced in kitchens that handle any forms of nuts/dairy products and these foods are not suitable for people with a peanut/nut/dairy allergies.
Intellectual Property
Products, services, brands, images, design, content, logos, advertisements, layouts, business name, product description, audio material, audio-visual material, scripts, software and files or the overall look or feel of our website may not be misused, copied or re-manufactured in any way and nothing contained within the website should be construed as granting license or the right to use any trademark without prior written consent of the owner of the website.
Limited warranties
We do not warrant or represent:
We reserve the right to discontinue or alter any or all the website services, products and to stop publishing our website, at any time in our sole discretion without notice or explanation. You will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services or if we stop publishing the website.
We will not be liable to you of any loss or corruption of any data, database or software. We may revise the terms and conditions from time to time.
Website usage
You may not use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website, or;
You may not use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity, or;
You may not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or any other malicious computer software, or;
You may not use data collected from our website to contact individuals, companies, or other persons or entities, or;
You must ensure that all the information you supply to us through our website, or concerning our website, is true, accurate, current, complete and non-misleading.
Variation
www.giftgenie.co.za shall have the right in its discretion at any time and without notice to amend, remove or vary the services or products from and/or any page(s) on this website.
Agreement
Any waiver of any provision of the terms of service will be effective only if in writing and signed by a Director of www.giftgenie.co.za.
Our Details
This website is owned and operated by Gift Genie, www.giftgenie.co.za.
We are registered in South Africa under the registration number 2019/129887/07.
You may contact us via:
Definitions
Force Majeure: means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, was unavoidable, including(but without limitations)strikes, blockades, lock-outs, or other industrial disputes(whether involving its own workforce or a third party(s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference or over-regulation by governments, civil or military authorities, political sanctions, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, conic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, lost at sea, epidemics, disease(human or animal) or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
Business days: means a day, Monday – Friday, excluding Saturday and Sunday and public holidays.
Intellectual Property rights: means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how or trade secrets) any other intellectual property rights, in each case wither registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protect in any part of the world and intellectual property right means any one of the intellectual property rights.