THE WEDDING GIFT LIST TERMS OF USE,
AND STANDARD TERMS OF SALE

Version number: 1
Effective date: 3.9.07

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your assent to these terms of use. If you do not agree to these terms of use, you may not use this website in any manner whatsoever.

These terms make reference to sections of the Electronic Communications and Transactions Act, 25 of 2002 (hereinafter “the ECT Act”), a copy of which may be obtained at http://www.internet.org.za/ect_act.html.



1 ) TERMS OF USE
Your use of this website shall at all times be subject to these terms of use, as may be amended from time to time. It is your responsibility to continually stay abreast of changes to these terms.


2 ) LIMITATIONS

2.1 The use of this website is at your own risk.

2.2 Whilst we endeavour to ensure that the information on this site is accurate and complete, we make no warranties about the accuracy, reliability, completeness or timeliness of information published on this website.

2.3 The information on this website is intended for general information purposes only and is not be intended to serve as financial, legal or other advice. Professional advice should therefore be obtained before any course of action is pursued.

2.4 TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM LIABILITY FOR ANY CLAIM, LOSS, INJURY OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION AND/OR GOODS AND/OR SERVICES AVAILABLE FROM OR THROUGH THIS WEBSITE, WHETHER DIRECT OR INDIRECT INCLUDING, WITHOUT LIMITATION, ANY LIABILITY RELATING TO ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS OR LOST DATA, OR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.

3 ) SECURITY
In terms of section 86 of the ECT Act 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.


4 ) LICENCE

4.1 The proprietary information on this website may be downloaded or printed for your own non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices, or distort or otherwise modify the proprietary information in a manner that may be prejudicial to us.


4.2 All rights not expressly granted in terms of these terms of use are reserved. Any use of our proprietary information by you, otherwise than expressly authorised in terms hereof, may violate copyright laws, trademark laws and other regulations and statutes and be liable for criminal prosecution and/or civil liability.


5 ) PRIVACY OF PERSONALLY IDENTIFIABLE INFORMATION
We will not disclose any personally identifiable payment-related information to third parties without obtaining your prior consent.


6 ) LINKING AND FRAMING

6.1 You may not establish a link to this website from a third party site, unless:

6.1.1 The link does not imply any association, endorsement or sponsorship by us of such website or any products or services offered on such site.

6.1.2 The linked pages from the web site are displayed without alteration of any kind; specifically, you may not cause a user's web browser to display a "framed" version of this web site in response to activating a link.


7 ) AUTOMATED ACCESS
Other than bona fide public search engines, you may not access any pages in this website using any automated process or technology, including, without limitation, any web spiders, crawlers, or similar technologies.



8 ) ELECTRONIC COMMUNICATIONS

8.1 Any communication or material you transmit to us by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary by us, unless expressly agreed otherwise in writing.

8.2 Electronic communications shall only be deemed to have been received if and when responded to in a manner, other than by way of an automated response.

8.3 Electronic communications, including all attachments thereto, transmitted to you by us are subject to the following specific terms:-

8.3.1 Information contained in electronic communications must be regarded as confidential and is intended solely for the use of the intended recipient and any unauthorised disclosure, copying, distribution or action in reliance upon the contents of this electronic communication is strictly prohibited and unlawful.

8.3.2 Whilst we employ virus filtering, we provide no guarantees or warranties that electronic communication will be virus-free. You are accordingly advised to employ your own virus scanning tools.

8.3.3 The views expressed in any electronic communications transmitted are those of the individual sender, unless the context clearly provides otherwise.


9 ) ENFORCEABILITY

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.


10 ) JURISDICTION

10.1 These terms of use shall be solely and exclusively governed by and construed and interpreted in accordance with the law of Republic of South Africa.

10.2 The parties agree that the agreement shall, for purposes of jurisdiction, have been concluded at our the head office, as set out in clause 13 below.


11 ) AMENDMENTS

11.1 We reserve the right to revise these terms of use at any time, with the revised terms taking effect as of the date of its posting.

11.2 A certificate signed by the administrator of this website shall be prima facie proof of the date of publication and contents of any version of these terms that may be applicable to a dispute or otherwise.


12 ) LEGAL COSTS
In the event that we take action against you for breach of these terms of use, you agree to reimburse us for all legal costs, including tracing fees and collection commission, on a scale as between attorney and own client.


13 ) INFORMATION DISCLOSURE
13.1 The following information is disclosed in terms of section 43 of the ECT Act and section 51 of the Companies Act, 61 of 1973:

Full name and legal status	The Gift List CC, T/A The Wedding Gift List
Registration number	2007/220679/23
Names of office bearers	Fiona Elizabeth Hilton
Place of registration	Republic of South Africa
Physical address	No. 7 The Forum Building Drama Street Somerset West 7130
Telephone number	021 851 1501
Website address	www.weddinggiftlist.co.za
E-mail address	info@weddinggiftlist.co.za
The physical address where we will receive legal service of documents.	As above
Alternative dispute resolution code to which we subscribe and how the wording of that code may be accessed electronically (if any)	n/a
membership of any self-regulatory or accreditation bodies to which that supplier belongs or subscribes and the contact details of that body;(if any)	n/a
Code of conduct to which that supplier subscribes and how that code of conduct may be accessed electronically (if any)	n/a

14 ) ADDITIONAL TERMS

14.1 These terms should be read in conjunction with our Standard Terms of Sale.

14.2 In the event of any conflict between our standard terms of sale and the terms contained in this document, the provisions of this document shall prevail.


15 ) PAYMENT PROCESSING

The processing of online payments via our website is outsourced by us to a secure third party payment gateway provider acceptable to our bankers and may be subject to additional terms published by said payment gateway provider during the payment process. As such, we do not store any sensitive payment-related information (such as credit card details) on our website.


16 ) EXECUTION OF ORDERS

16.1 Unless otherwise stated, we will execute and deliver your order within 30 calendar days from the date of receipt thereof.

16.2 Should any goods or services that have been ordered be unavailable, we will immediately notify you thereof, in which event we will reimburse you in respect of any payments made within 30 days from the date of said notification unless we agree otherwise.

16.3 An automated invoice will be sent to you upon successful completion of an electronic transaction, which will contain details of the transaction.

16.4 Under no circumstances, except as may otherwise be provided for in clause 17 below, or due to our fault (breakages or incorrect supply) will we accept returns or exchanges of goods or services.


17 ) CONSUMER PROTECTION PROVISIONS

17.1 For purposes of this clause:-

17.1.1 “consumer” means any natural person who enters or intends entering into an electronic transaction with us as the end user of the goods or services offered by us though this website; and

17.1.2 “affected transaction” means the provision of goods or service by us to you via this website of goods and/or services not falling within the list of goods and/or services exempted from the consumer protection provisions contained in the ECT Act in terms of section 42(2).

17.2 Consumers may return to us without penalty any goods and/or services purchased in terms of an affected transaction within 7 calendar days from the date of delivery to you, provided that:-

17.2.1 such goods and/or services are returned in their original state, with all original packaging intact; and

17.2.2 you shall be liable for the actual costs of returning the item.


18 ) INTERPRETATION

18.1 Any reference to an enactment is to that enactment as at the date of signature hereof and as amended or re-enacted from time to time.

18.2 When any number of days is prescribed in this agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday.





Standard Terms Of Sale

A. Gift purchase - Purchases of gifts will only be accepted with payment. TWGL accepts cheques, Visa and Mastercard, and EFT payments which will be debited at the time the order is placed.

B. Price changes - TWGL makes concerted efforts to ensure that all prices quoted are correct at all times. However, the prices of all items are subject to change without prior notice and items imported from overseas are especially liable to sudden price changes given the fluctuating exchange rates.

If a price increase occurs, after the item has been bought and paid for by the purchaser (guest), and before (or even after) that item is ordered by TWGL, then the couple have a choice to either a) pay the difference in price for that item or b) select a another model or indeed anything else on their list to the original (pre price change) value of the item.

If a price increase occurs before an item has been purchased, but the item is on a Gift List, TWGL reserves the right to make the price change to the item without informing the couple.

C. Discontinued items - In the event that TWGL receives notice from a supplier that an item is no longer supplied:

C 1. if the item has not been purchased, TWGL reserves the right to remove it from those Gift Lists on which it features, without notifying the bridal couple.

C 2. if the item has been purchased by a guest, but the item has not yet been ordered by TWGL, the item will be removed and an equivalent credit made available to be used to purchase an alternative gift.

D. Stock availability - Whilst TWGL makes every effort to only list items that are usually in stock, there may be times when a certain item is out of stock and has to be ordered in from overseas, or created especially which may take longer to secure than the projected 4 weeks (see clause J ). If this is the case, and the couple's main consignment has already been couriered to them, the couple will be notified and the item(s) will be forwarded to the couple as soon as it arrives with TWGL.

E. Gifts - Warranty, service and support of products are provided directly to you by the manufacturer and supplier of the product. Subject to any rights which may not be excluded or limited, TWGL makes no representations or warranties regarding any products.

F. Alterations to wedding lists - The individual or couple who created the list will select a password which provides them with access to alter the list of unpurchased items at any time. However, once an item has been purchased, it cannot be amended. (see clause G).

TWGL will not divulge log-in details to anyone who is not an employee of the company but can accept no liability for the effects of any change made to a list as a result of unauthorised access to a list.

G. Ordering and List closing - TWGL will order gifts as soon as the orders/payments come in from the guests. Once all the purchases on a wedding list have been made, either member of a couple may instigate the 'list closing process' (as defined in Step 3 under the '4-step guide). At this point the couple decides on what they wish to spend their Gift Voucher gifts. Furthermore the couple at this stage can choose to purchase any additional items from the List at a 10% discount. Any TWGL gift vouchers spent at this stage DO NOT attract the 10% discount.

H. Alterations to orders - Once the order has been placed with the supplier by TWGL, no changes are permitted. In the event of gift duplication, TWGL has no responsibility if a gift purchased through TWGL is duplicated by purchase of the same gift via another source or gift registry service. By this token we strongly discourage couples from putting the same products on different gift lists.

I. Delivery Charge - TWGL offers couples a courier service, to the couple’s door. This service is FREE for all couples within South Africa. (though if you live in an outlying, rural area there may be a small surcharge which will be discussed with the couple on List closing). Each guest also pays a small contribution towards delivery of R29 per order. If the couple elect to pick up their gifts from our warehouse in the W Cape, no delivery charges will apply.
For larger items such as large white goods and beds, these will be delivered directly by the brand and a separate delivery charge will apply, which will be for the couple's account.

J. Delivery - All items are couriered using our preferred courier company in ONE consignment at a time and date convenient to the recipient. Deliveries are made on weekdays between 9.00am and 5.00pm. It is possible to arrange weekend or evening deliveries, subject to a supplementary charge, for the couple's account. The delivery must be received and signed for. Gift Lists will usually be assembled and delivered about a month after the wedding, but this process may take longer during the busy Dec/Jan season. While TWGL will make every effort to deliver completed Gift Lists at the time agreed, the company cannot be held responsible for inconvenience caused by unavoidable delays or the failure by suppliers or delivery companies to deliver on time.

K. Breakages / Incorrect supply - In the event that an item gets broken or damaged in transit, or the wrong item has been supplied, the recipient couple must report this breakage/incorrect supply to TWGL within 7 days, afterwhich TWGL will arrange to replace the item.

L. Refunds / Exchanges - See Clause 16.4 of Terms of Use

M. Replacement of damaged (not in transit) / faulty goods - Certain items carry warranties or guarantees. Should such an item need replacing or fixing within the warranty or guarantee period, then TWGL will facilitate this communication between the couple and the supplier (since TWGL hold all original invoices). However should a quality issue arise after the guarantee/warranty period of an item expires, or with an item with no such guarantee/warranty, then this issue must be addressed directly to the supplier, details of which are available from TWGL.

N. Overseas deliveries - TWGL will, if requested, provide a quote to freight Gift List goods to international destinations. The freight and insurance costs will be for the couple's account and must be paid before shipment takes place.

O. Storage - Couples will be advised when their list has been assembled and is about to be dispatched. If requested by the couple, TWGL will hold the items in storage for a maximum of one month. Thereafter, TWGL will charge the couple a storage fee of R400 a month.

P. Cancelled weddings and Lists

P 1. In the event that a Wedding Gift List is cancelled after gifts have been bought by guests, and BEFORE the gifts have been ordered by TWGL, TWGL will refund the money to the purchasers (guests) if authorised to do so by both members of the couple. This will be subject to an administration charge amounting to 10% of the money to be refunded which will be charged to the couple, and payable before the refunds are made.

P 2. If a Wedding Gift List is cancelled AFTER gifts have been ordered by TWGL, the couple will be liable for all ordered gifts and no gifts may be returned or refunded. The couple has 2 choices:
a) The couple will be liable for the total cost of the gift(s) ordered PLUS an extra 10% of the total value thereof. Therefore the couple must pay TWGL the total amount of gifts ordered plus 10%; TWGL will then re-fund the Purchasers (guests) and keep the 10% to cover admin costs.
b) The couple may choose to keep all ordered gifts and do with them what they wish (ie either give them back to their guests, sell or keep them)

Q. Intellectual Property Rights - This site includes copyright, trademarks, patents, designs, images, text, confidential information and circuit layouts that are otherwise protected by law. Except as expressly authorised by TWGL, use or misuse of any of these trademarks is strictly prohibited."The Wedding Gift List"™ is a registered trademark (word and device) of Fiona Hilton T/A The Wedding Gift List.

R. General - Information on this Web site may contain technical inaccuracies or typographical errors. You accept that TWGL has the right to change the content or technical specifications of any aspect of this web site at any time at TWGL's sole discretion.

S. Honeymoon Registry - all guests will be charged a 5% surcharge on vouchers bought, and couples a 5% fee for holding the registry if they book through TWGL and Thompson Travel*, and 10% if they book independently. If a honeymoon booked through Thompsons is cancelled, the normal Thompsons cancellation rules will apply (available from Thompsons). If Registry contributions have not yet been paid over to Thompsons (or to the couple if they have booked independently) then TWGL will arrange credits to the guests, less an admin fee of 5%. If registry contributions have been paid over to Thompsons, then Thompsons will credit the couple directly (less an admin fee to be advised by Thompsons), and then the couple are responsible for crediting their guests.

*Thompsons Travel is a division of Cullinan Holdings Ltd. [PO Box 382, Cape Town 8000, SA]

T. Acceptance - By setting up a wedding gift or honeymoon list with TWGL, couples are confirming that they have read these Terms and Conditions and agree to abide by them. TWGL reserves the right to decline to manage any list at any time. If this occurs before goods have been ordered By TWGL, TWGL will refund the guests in the manner disclosed in clause P 1. If this occurs after goods have been ordered by TWGL, TWGL will refund the guests in the manner disclosed in clause P 2.


U. Wedding Websites – Payment for a wedding website is upfront. Cost includes a 12 month ‘live’ period, domain and email registration and all the online tools to build the website. Refunds may be considered if a client is unhappy with the site builder process/tools, as long as the client informs TWGL within 7 days of ordering. If the client wishes to extend the 12 month period for their website, they may do so but all responsibility, design and domain hosting fees will be handed over to the client. In this case the client must give TWGL at least 30 days notice otherwise their website will be cancelled after 12 months.


These Terms of Use are governed by the law of South Africa

Revised Release date: 1 NOV 2008