Terms & Conditions

Terms & Conditions

All orders will be subject to these terms and conditions. Please read them carefully. If you visit or shop at www.giftpixie.co.za you accept these conditions.

Privacy

Please review our Privacy Policy, which also governs your visit to www.giftpixie.co.za, in order to understand our practices.

Electronic Communications

When you visit www.giftpixie.co.za or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications require.

Intellectual Property

By using this site, you acknowledge that all intellectual property rights in the goods supplied, including copyright and design rights belong to Gift Pixie. All designs, text and images of www.giftpixie.co.za products provided on the website are protected by copyright and may be reproduced only on websites that provide links to the www.giftpixie.co.za website and where the material is clearly credited to www.giftpixie.co.za or otherwise only with written permission from us. You may not frame or utilize framing techniques to enclose any logo or other proprietary information (including images, text, page layout, or form) without our written consent. Copy, print or download the material on this site for the purpose of sending to individual parties for their personal information provided that you acknowledge us as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Gift Pixie so long as the link does not portray Gift Pixie or www.giftpixie.co.za or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any www.giftpixie.co.za logo or other proprietary graphic as part of the link without express written permission.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Gift Pixie does sell products for children, but it sells them to adults, who can purchase with a credit card or EFT. If you are under 18, you may use www.giftpixie.co.za only with involvement of a parent or guardian. Gift Pixie and www.giftpixie.co.za reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Information on this website

We do all we can to ensure that the information on the website is accurate and up to date. Information such as product measurements and colours in particular may vary slightly. All information including prices may be subject to change without notice.

Pricing

Gift Pixie is not a VAT registerd company. Therefore all prices on our website are stated exclusive of VAT and will be charged as they are published on www.giftpixie.co.za. All prices exclude freight and any other charges that may apply unless other wise stated. Our prices fluctuate constantly and Gift Pixie reserves the right to change prices in accordance with price changes from our suppliers, market conditions, or any other external factor. Should there be a pricing error on the website, in any correspondence from Gift Pixie or by any other communicative method, the right is reserved by us to cancel the order and offer the product(s) and/or service(s) at the correct price. All quoted or listed prices are based on the cost to Gift Pixie of supplying the products to the customer. While Gift Pixie tries to ensure that all prices are accurate, errors may occur. If, prior to delivery of the products, Gift Pixie discovers an error in the price of the products ordered, or the price changes as a result of circumstances beyond Gift Pixie control, Gift Pixie may change the product’s price and such changes shall apply to any purchase order placed with Gift Pixie.

Quotations

All of our quotations unless otherwise stated are valid on date of issue, unless there is an express provision between the parties for a different period to apply. Gift Pixie reserves the right to withdraw any quotation. We reserve the right to correct any errors made in the preparation of a quotation and reissue the quotation if necessary, which will be valid for a period of 14 days starting on the day of reissue.

Cancellation of order

Orders may be made through the website and are considered confirmed by means of Order Confirmation. Amendments to orders and cancellations of orders must be received by email, or another form of written correspondence, but may be accepted by another method, subject to the agreement of Gift Pixie. Customers cancellation of orders must and can only be made within 1 day of an order receipt of product or by verbal agreement, there is no charge for cancellations for consumers in this case. Cancellations of custom-made products such as unique designs, required individually by a customer, will be charged at 50% of the quoted price.

Payment

By clicking on the "Confirm Order” button, you commit to buying the products selected at the prices indicated plus the additional delivery charges.

All online payments are handled by our secure merchant providers Pay Fast. All credit card payments are taken through a secure server providing industry standard encryption. When you are on our secure server a padlock will appear, bottom right of your browser. You will receive two confirmations; an order confirmation and a payment confirmation.

All orders must be prepaid before supply. Only companies and public bodies are entitled to apply for a credit account, and if and/or when this is approved, 14 days credit from invoice date may be applied to transactions. Nevertheless a deposit of 50% of the quoted price is due at placement of the order. Gift Pixie reserves the right to investigate all information given to us by you in respect of credit and trade account applications. This may include contacting any or all of your references supplied. Failure of part or full payment of the current order, or indeed any previous order by the parties concerned, may result in Gift Pixie refusing to process the order concerned, or any future orders. Goods remain the property of Gift Pixie until payment in full has been made. Gift Pixie retains the right to request certain methods of payment only. Attempts to proffer payment that are found to be fraudulent or in any way unlawful will be reported to the relevant authorities.

Risk of loss

All items purchased from www.giftpiixie.co.za are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Damaged or defective items

Gift Pixie can replace items only if they are defective or damaged. Damaged in transit products must be reported to Gift Pixie in writing within 48 hours of receipt. After the passing of these 48 hours, the customer is deemed to have accepted the product(s). This does not affect your statutory rights. There is no charge for returns done within 7 working days. Please note, we don’t take responsibility for products which are wrongly applied or damaged by the customer.

Disclaimer of warranties and limitation of liability

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY GIFT PIXIE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GIFT PIXIE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GIFT PIXIE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GIFT PIXIE DOES NOT WARRANT THAT THIS SITE, IT’S INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM www.giftpixie.co.za ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GIFT PIXIE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Applicable Law

By visiting www.giftpixie.co.za you agree that the laws of South Africa, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and Gift Pixie.

Disputes

Disputes arising between Gift Pixie and the customer shall be sought to be solved amicably and should it fail to be solved in this manner, each of the parties can take the case to the relevant court of law. Any dispute relating in any way to your visit to www.giftpixie.co.za or to products you purchase through Gift Pixie shall be submitted to confidential arbitration in South Africa except that, to the extent you have in any manner violated or threatened to violate Gift Pixie intellectual property rights. Gift Pixie may seek injunctive or other appropriate relief in any provincial or federal court and you consent to exclusive jurisdiction and venue in such courts.

Termination

The agreement for sale or supply may be terminated by Gift Pixie, if the customer fails to pay on time, or breaches the agreement. Either party to the agreement may terminate the aforementioned agreement if either party has committed a material or indeed persistent breach of the agreement, or the other becomes insolvent, ceases trading, or is unable to pay arising debts.

Force Majeure

In the event of circumstances beyond Gift Pixie control, we are not liable for delays in performance and completion. Gift Pixie will exercise a time extension for performance in the following situations: strikes, fire, war, acts of terror, shortages in stock, exchange fluctuations, currency shortages, riots, violent disorder, shortage in transportation, governmental or regulatory action, natural disasters, or shortages or delays in deliveries from suppliers or manufacturers or any other event that causes the same result. Either party can terminate the agreement for sale without compensation after two months or any time thereafter.

Alterations to these Terms & Conditions

Gift Pixie reserves the right to change the terms and conditions listed herein, as a result of changes in legislation, or other extenuating factors occurring.

Jurisdiction

South African legislation and the jurisdiction of the South African courts apply to this agreement.

Agreement

By ordering from www.giftpixie.co.za you are deemed to have accepted the terms and conditions herein. If any part of this agreement is found to be invalid or unenforceable by a court, such a provision is entirely severable, and the rest of the document remains unaffected.