Terms and Conditions

Terms and Conditions – Spoil Basket Website

The following general terms and conditions will govern the future relationship between you (“the website visitor”) and us (“the website owner”) covering the use of www.spoilbasket.com (“the website”).

These terms and conditions cover the ordering, selling and delivery of products, as well as the use of the website.

Registration and use of the website

These terms and conditions are binding and applicable for every person that accesses or uses this website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the website, you acknowledge that you have read and agree to be bound by these terms and conditions.

To register as a user, you must choose a unique username and password and provide certain information and personal details to Spoil Basket. You will then use your unique username and password to access the website in order to purchase goods.

By accepting these terms and conditions you agree and warrant that your username and password shall:

  • be used for personal use only; and
  • not be disclosed by you to any third party.

You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these terms and conditions.

For security purposes you agree to enter the correct username and password whenever ordering goods, failing which you will be denied access. You agree to notify Spoil Basket 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.

By using the website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may only use the website under the supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these terms and conditions and to be liable and responsible for you and all your obligations under these terms and conditions.

You may not use the website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

Payment for goods

We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate up to date technology.

Payment can be made for goods in the following ways:

  • Direct bank transfer: If you pay via electronic funds transfer, payment must be made within five working days of placing your order. Spoil Basket reserves the right to cancel your order if payment has not been received within five working days.
  • Instant EFT via Payfast
  • Cash on delivery: This option is only available for Bloemfontein customers. By selecting this option, you undertake to ensure that you have the exact amount available when delivery is made.
  • Spoil Basket Vouchers

Conclusion of sales and availability of stock

Spoil Basket will confirm the conclusion of your order by delivering the goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Spoil Basket come into effect (“the sale”). This is regardless of any communication from Spoil Basket stating that your order or payment has been confirmed. Spoil Basket will indicate the rejection of your order by canceling it and, as soon as possible thereafter, refund you for any amount already paid.

Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a delivery notification. After delivery or your collection of the goods, you may return the goods only in accordance with the returns policy.

You acknowledge that stock of all goods on offer is limited and that pricing may change at any time without notice to you. In the case of goods for sale by Spoil Basket, Spoil Basket 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, Spoil Basket cannot guarantee the availability of any stock until payment for goods is finalised. If goods are no longer available after you have placed an order, Spoil Basket will refund you in full.

Gift Vouchers

Spoil Basket Gift Vouchers are not redeemable for cash and will not be replaced if lost, stolen, destroyed or used without permission. Spoil Basket Gift Vouchers cannot be resold to- or exchanged with a third party. You cannot use a Spoil Basket Gift Voucher to purchase another Spoil Basket Gift Voucher. Spoil Basket Gift Vouchers can only be redeemed online through our website www.spoilbasket.com.

Cooling-off period for electronic transactions

Section 44 of the Electronic Communications and Transactions Act may apply to your electronic transactions. If you qualify as a consumer under the ECT Act, you may be entitled to cancel some electronic transactions within seven days, without reason or penalty.

‘Cancel’ means each party will be placed in the same position that they were in before the transaction took place. This means that you have to return a new, unused good, and we will refund the purchase price. Section 44 is only applicable if you are a natural person. You must also be the end user of the goods or service. The transaction must be an electronic transaction – a transaction concluded via (in whole or in part) the website, email, or SMS.

This cooling-off period does not apply to goods made or altered to your specifications.

You must return any goods in new condition with all original packaging and materials (including any accessories or parts). We will refund the purchase price of the goods within 30 days of the date of cancellation.

Delivery of incorrect goods

We always strive to provide accurate product information, availability, purchase price and associated delivery times on our website.

However, should we accidentally deliver the wrong product to you or if the product is not as described on the website, please do not remove the product from its original packaging or any of the stickers or labels.

When this happens, you have the following options:

  • We will deliver the correct item to you as soon as possible (if available).
  • We will provide you with a voucher for the value of the goods that you ordered.
  • We will issue a full refund using the same method of payment that you originally used to purchase the goods.

Goods arrived damaged

If your goods arrive damaged, we will do our best to resolve the issue. Please notify us within seven days of such an occurrence.

We will require the following information to assess where in the delivery process the damage may have occurred:

  • Photograph of the outer box (including whether it has a fragile sticker or not)
  • Photograph of the inside of the box, including the inner packaging; and
  • Photograph of the damaged item.

If necessary, we will arrange collection of the product from you at no charge.

Once we have inspected the product or photographs and validated your return (if needed), you have the following options:

  • We will deliver the correct item to you as soon as possible (if available).
  • We will provide you with a voucher for the value of the goods that you ordered.
  • We will issue a full refund using the same method of payment that you originally used to purchase the goods.

Customer queries and complaints

We aim for complete customer satisfaction. We respect our customers’ rights and always try to comply with best practice and all applicable laws. If you are not satisfied with any of our goods or have any questions, please contact our customer support department with your order details. We will try our best to solve your problem.

Any complaints regarding the standard and quality of the product or products bought by consumers through our website should be directed to the Customer Support Manager, henri@spoilbasket.com.

Changes to these Terms and Conditions

Spoil Basket may change any of these terms and conditions at any time, and we are not obliged to inform you of such changes. It is your responsibility to regularly check these terms and conditions and make sure that you are satisfied with them. Should you not be satisfied, we urge you not to place any further orders on, or in any other way use, the website.

Any such change will only apply to your use of this website after the change is displayed on the website. If you use the website after such amended terms and conditions have been amended on the website, you will be deemed to have accepted such changes.

Electronic communications

When you visit the website or send emails to us, you consent to receiving communications from us electronically in accordance with our privacy policy as set out above.

Disclaimer

You acknowledge that you will use the website at your own risk, and you assume full responsibility for any risk or loss resulting from use of the website or reliance on any information on the website.

Yours sincerely

The Spoil Basket Team