TERMS OF SERVICE
TERMS AND CONDITIONS
Giveaways: The decision is final and items cannot be exchanged for something other than what was offered. Items can also not be exchanged for a cash value, refund, returned as a store credit or a store gift voucher.
1. Introduction
1.1 This website is owned and operated by PRODUSELL RETAIL (PTY) LTD Retail Pty Ltd T/A (“The Holiday Shop”, “we”, “us”, “our”). The use of https://www.theholidayshop.co.za (“the Website”), and/or the ordering, sale and delivery of goods are subject to the following terms and conditions (“the Terms of Use”).
1.2 These Terms of Use are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”). By using the Website and/or by registering as a user, you acknowledge that you have read and agree to be bound by these Terms of Use.
1.3 Please read these Terms of Use carefully – they constitute a fully binding agreement between you and The Holiday Shop. If you do not agree to these Terms of Use, you are prohibited from using the Website in any way.
2. Consumer Protection Act 68 of 2008
2.1 These Terms of Use apply to customers and/or users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2.2 These Terms of Use contain provisions which:
2.2.1 limit the risk or liability of The Holiday Shop;
2.2.2 create risk or liability for you;
2.2.3 compel you to indemnify The Holiday Shop or a third party; and/or
2.2.4 serves as an acknowledgement, by you, of a fact.
2.3 If there is any provision in these Terms of Use that you do not understand, it is your responsibility to ask The Holiday Shop to explain it to you before you continue using the Website.
2.4 Nothing in these Terms of Use is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or The Holiday Shop in terms of the CPA.
3. Registration and use of the Website
3.1 By accessing and/or using this Website you warrant that you are eighteen (18) years of age (or older), and have full legal capacity.
3.2 If you are under the age of eighteen (18), or if you lack legal capacity, then you may only use this Website with consent of your parent or legal guardian. If your parent or legal guardian consents, then such person agrees to be bound to these Terms of Use, and to be liable and responsible for you and all your obligations under these Terms of Use.
3.3 To register as a user, you must provide a unique username and password; and provide certain personal information to The Holiday Shop – any personal information processed by The Holiday Shop will be processed in accordance with the Protection of Personal Information Act 4 of 2013, and in terms of our Privacy Policy.
3.4 You agree and warrant that you will not disclose your username and password to any third party and that is shall only be for personal use. Moreover, for security purposes, you agree to enter the correct username and password whenever accessing the Website, failing which you will be denied access.
3.5 You agree to notify The Holiday Shop immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
4. Conclusion of Sale
4.1 Users may place orders for any product contained on the Website (“Goods”), which The Holiday Shop may accept or reject
4.2 Placing an order on the Website does not constitute an agreement of sale – whether or not The Holiday Shop accepts an order for Goods via the Website depends on the availability of Goods, correctness of the information relating to the Goods (such as the price), and receipt of payment for the Goods.
4.3 Notwithstanding any communication from The Holiday Shop stating that your order or payment has been confirmed, The Holiday Shop will indicate the acceptance of your order by delivering the Goods to you, or by allowing you to physically collect the goods, as the case may be, and only at that point will an agreement of sale between you and The Holiday Shop come into effect. In the event an order needs to be rejected, The Holiday Shop will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
4.4 Prior to delivery of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery of the Goods, you may cancel the sale only in accordance with the Warranty & Returns Policy. The Warranty & Returns Policy is incorporated by reference (which means that it forms part of these Terms of Use).
4.5 You acknowledge that stock of all Goods on offer is limited. In the case of Goods for sale by The Holiday Shop, we will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock and when Goods are no longer available after placing an order, The Holiday Shop will notify you, and you will be entitled to a refund.
5. Payment
5.1 We committed to ensuring you are able to pay for any Goods from the Website via a secure, online payment facility. All transactions are encrypted using appropriate encryption technology and payment can be made for Goods via:
5.1.3 Credit or Debit card via PayFast: If you use a credit or debit card via PayFast to pay for the Goods, you warrant that you are fully authorised to use the credit/debit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
5.3. The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”). In the event you have any queries regarding payment, you may contact us.
6. Delivery
6.1 You warrant that you will include the correct shipping address in all orders, and in the event of an incorrect address or incorrect information, we will not be liable or responsible for any loss you may suffer. We make of various preferred Courier Partners, including DSV https://clientzone.za.dsv.com/ClientZoneV2/Index.html and The Courier Guy https://portal.thecourierguy.co.za/track
6.2 You agree that risk will pass to you once the order has left our premises.
6.3 Our delivery cost may change, without notice to you, at any time.
6.4 The Holiday Shop’s obligation to deliver Goods to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. The Holiday Shop is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
6.5 Subject to clause 4 above, where we accept your order, The Holiday Shop will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”).
6.6 We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
6.7 Undeliverable packages
6.7.1 Occasionally packages are returned to us undeliverable. Should this event take place every attempt will be made to contact you to make arrangements for re-shipment.
6.7.2 You agree that in the event of an undeliverable package, you will pay the cost of the re-shipment.
6.8 Force majeure
6.8.1 In the event of a force majeure (act of God, such as a hijacking, robbery, flood etc.) then you agree that the Delivery Period above will not apply, but we undertake to ensure the Goods are delivered to you.
7. Errors
7.1 The Holiday Shop will take all reasonable efforts to properly and accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website.
7.2 However, should there be any errors of whatsoever nature on the Website, we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Warranty & Returns Policy.
7.3 For the avoidance of doubt: we will not be required to execute an order or compensate a user for any loss if it should have been clear to the user that an error was made by us, or where it should have been clear that it involved a printing error; or if the user should not, under the circumstances, have reasonably relied on the price and/or product in question.
8. Vouchers, Coupons and Referral Bonuses
8.1 The Holiday Shop may make electronic gift vouchers (“Vouchers”) and electronic promotional coupons (“Coupons”) available for use on the Website towards the purchase of The Holiday Shop products. Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended, unless agreed to in writing between us and you.
8.2 Vouchers:
8.2.1 are valid for three years after sale. If your Voucher has not been used within that period, it will expire.
8.2.2 cannot be used to buy other Vouchers or Coupons, and are not transferable: they are only eligible for redemption via the original email address that they were sent to.
8.2.3 do not accrue interest and are not refundable for cash once purchased. If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
8.3 Coupons:
8.3.1 are issued electronically in The Holiday Shops sole discretion. Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
8.3.2 generally, and unless specified otherwise on the specific Coupon itself: may only be used once with promotional offers on the Website; only one Coupon can be used per person unless The Holiday Shop specifies otherwise; and the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you;
8.3.3 cannot be used to buy Vouchers or other Coupons, cannot be exchanged for cash, and are not transferable to any other person.
9. Website Promotions
9.1 If The Holiday Shop is running a special on the Website where a discount is automatically applied upon check-out, and you try to redeem a Coupon as well, the Website will automatically apply the promotion of greater value or benefit to you.
9.2 From time to time The Holiday Shop will run promotions. These promotions will either be on selected products or site wide. For each promotion, there will be specific terms and conditions shown on all marketing material. Promotions may require the customer to apply the stated promo-code to their cart during the check-out process.
9.3 Promo-code discounts, even if site wide, will only apply to physical product. No promo-code discount will be applied to gift vouchers/cards.
9.4 No size exchanges will be given on promotional/sale purchases. No Refunds can be requested on promotional/sale purchases, store credits will be given on all returns regarding promotional/sale items. Please refer to our Warranty and returns page for details.
10. Disclaimers and Important Information
10.1 The Holiday Shop disclaims all implied warranties, including but not limited to, warranties of compatibility, security and accuracy.
10.2 Although The Holiday Shop has taken all reasonable steps to guard against viruses or destructive codes, it gives no warranty that the Website is free of viruses or any other data or code that has the ability to corrupt or affect your system.
10.3 The use of the Website in any form is entirely at the users’ own risk and the Website is provided “as is”.
10.4 The Holiday Shop is not liable for any damages whatsoever relating to your use of and/or access of the Website in any manner, howsoever arising, including instances of loss caused by the negligence of The Holiday Shop and/or its affiliates, partners or representatives.
10.5 The Holiday Shop may, in good faith, provide links that would appear useful to its users. However, it does not make any representation regarding these websites, links or information and does not endorse the products and/or services offered on those sites. The Holiday Shop accepts no responsibility for the content or use of such websites or the information contained therein.
10.6 Unless otherwise noted, the contents of this website are subject to intellectual property rights that vest in The Holiday Shop, or that vest in other entities. You are thus prohibited from using the content in this Website, its related web pages, social media channels, electronic or written publications or any other media and/or words, phrases, names, designs or logos that are The Holiday Shop or any other entities trade marks without express written permission or unless used in accordance with these Terms of Use.
10.7 All information, products and prices available on the Website is subject to change without notice.
11. Site Security and Prohibited Activity
11.1 You are prohibited from violating, or attempting to violate, the security of this Website. Any such violations may result in criminal and/or civil penalties against you. In terms of the Electronic Communications and Transactions Act No. 25 of 2002, you are notified that it is a criminal offence to gain unauthorised access to any restricted areas of this Website, or to otherwise interfere with the proper functioning thereof or to intercept any data pertaining to or relating thereto. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.
11.2 In using the Website, you must not:
11.2.1 post, send or otherwise transmit to or through the Service any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, racist, violent, immoral, religiously offensive, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person’s privacy or other rights or any material that The Holiday Shop in its sole discretion does not wish posted or transmitted on the Website;
11.2.2 defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
11.2.3 upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws, including without limitation copyright, patents, designs or trademark laws and rights of confidentiality, publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same; misrepresent your identity or affiliation in any way; engage in deceptive online marketing; violate any applicable laws or regulations; or assist or permit any persons in engaging in any of the activities described above.
12. Limitation of Liability and Indemnity
12.1 In addition to clause 10 above, and to the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall The Holiday Shop, its affiliates, employees, agents or representatives be liable for any compensatory, punitive, direct, indirect, special or consequential damages that result from the use of, or the inability to use, the materials or any information in or on the Website.
12.2 In no event shall The Holiday Shop, its affiliates, employees, agents or representatives’ total liability to you for all damages, losses, and causes of action (whether in contract, delict or otherwise) exceed five hundred South African Rand.
12.3 You agree to indemnify, defend and hold The Holiday Shop, its affiliates and/or any of its directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms of Use; and/or (ii) your activities in connection with this Website.
13. General
13.1 The Holiday Shop may revise these Terms of Use at any time without notice. Although we will endeavor to highlight any changes to these Terms of Use, you should revisit the Website periodically to make sure you are aware of the most recent terms, because they will be binding on you.
13.2 This Agreement shall be governed by and interpreted according to the laws of the Republic of South Africa and the parties consent to the non-exclusive jurisdiction of the High Court of South Africa, KwaZulu-Natal, Durban, in respect of any proceedings arising out of or in connection with this Agreement.
13.3 If you have any questions or complaints regarding these Terms of Use, or have any queries or comments in relation to the Website, please contact us and we will endeavor to respond to you promptly.
13.4 Each provision of these terms of use shall be severable from the other provisions. Should any provision be found by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these terms of use shall nevertheless remain binding and continue with full force and effect.
13.5 In terms of the Electronic Communications and Transactions Act 25 of 2002, you are hereby informed that:
Full name : PRODUSELL RETAIL (PTY) LTD Retail Pty Ltd T/a The Holiday Shop