Membership, Online Store and Competition T&C’s

1. MEMBERSHIP AND ONLINE SALES

1.1. OUR PRODUCTS AND SERVICES

1.1.1. The Box Fashion specialises in the marketing of fashion accessories for women of all ages.

1.1.2. Our products and samples are provided for personal use only. You are not allowed to sell or resell any of the products or samples which you receive from us. If we reasonably believe that you may violate this term, in addition to any other remedy we may have against you, we reserve the right, with notice, to cancel or reduce the quantity of any products or services available for you to purchase.

1.1.3. The use or selling of The Box Fashion products and samples is not permitted in any retail outlets.

1.1.4. You are responsible for using the products only as instructed and The Box Fashion will not be responsible to you or any third party for any claim, damage, injury, or loss that may result from the failure to use the product as instructed.

2. AVAILABILITY AND DELIVERY

2.1. All orders and delivery depend on product availability and we will immediately notify you if any products are not available. If specific products are no longer available, we will offer you equivalent products at the same price or a full refund of the purchase price if you have already paid, within 30 days of our notification to you.

2.2. Products will be delivered to you by courier. Should there be any delay in the delivery of your order, we will notify you as soon as is reasonably possible. Please ensure that the address and contact number you provide to us are accurate to avoid any unnecessary delays.

2.3. It is your responsibility to ensure that the products received correspond to the invoice received. If it is found that there are any discrepancies, it is your responsibility to notify The Box Fashion within 7 days of receipt of products.

2.4. Please note that once your order has been placed, we cannot change your delivery address. Should you have any issues please contact Customer service on 0860 117 536 or info@theboxfashion.co.za

2.5. The standard fee we charge for delivery is R80. Should a purchase be over R350 then you will qualify for free delivery.

2.6. Delivery is only available in South Africa.

3. RETURNS AND CANCELLATIONS

3.1. We are sure that you will love our products, however, if you do want to return them because you are not satisfied for any reason, please contact us on 0860 117 536 or e-mail us at info@theboxfashion.co.za for assistance.

3.2. Return of Defective item

3.2.1. In the unlikely event that any of the products delivered to you are defective, you may return them to us to allow us to inspect the products to determine whether they are indeed defective, or whether any damage has been caused by you or by wear and tear. We reserve the right to inspect the products to determine whether it is defective. The Box Fashion is not responsible for any damage to products caused by wear and tear, your error, your failure to follow instructions for safe use, or any adjustments other than instructed or additions made to the products once they are in your control.

3.2.2. In the event that any of our products are found to be defective, please notify us as soon as you become aware of the defect. We will arrange for the products to be collected and you will not be responsible for any costs involved in respect of such return. The Box Fashion reserves the right to accept a photo of the defective item for inspection at our sole discretion.

3.2.3. We will arrange a collection of the package with couriers and inform you via SMS of when the package will be collected, however, please note it is your responsibility to ensure that the package is given through to the couriers on the set collection date. If we do not receive the package, because you did not provide it to the courier as required, please note that you will be liable for payment of the courier fees and we will not be able to process any refund.

3.2.4. If it is found that the product is defective, our Quality Control Team will notify you and you may choose to receive a refund of the purchase price (or proportional membership fee, or a portion of the purchase price for box purchases) or a replacement product. Any refund or replacement product will be paid or delivered to you 15 business days after you have confirmed your preference with our Quality Control Team.

3.2.5. If The Box Fashion determines that the product is defective we will gladly replace it or provide you with an appropriate refund for the cost of the defective item.

3.3. Return of products – Membership Boxes

3.3.1. You may return your first box of seasonal accessories for a full refund within 7 business days from the date of receipt. We will arrange for the accessories to be collected from you within a reasonable time and you will be refunded the full amount of the membership fees paid for your first box of seasonal accessories 7 business days from receipt of the returned box. Otherwise, as a member, you may only return accessories that are defective (see what to do about defective products below) or when there has been an incorrect delivery made.

3.4. Return of products – online purchases

3.4.1. You are entitled to cancel, without any reason and without any penalty, your online order of any products within 7 days after;

3.4.2. Criteria for returning an item:
3.4.2.1. The item is in an unused condition
3.4.2.2. The item being returned qualifies for a return
3.4.2.3. Returns are not allowed on earrings unless the products are found to be defective
3.4.2.4. The item is in its original packaging, with labels attached

3.4.3. If you decide to cancel—

3.4.3.1. you will be liable, in terms of section 44(2) of ECTA, for the direct costs of returning the goods, such as courier and/or shipping charges, in the same condition as they were in when delivered to you. The effect of this clause is that when you decide to cancel within 7 days after receiving the goods, you will be responsible for paying for the delivery of the goods to the Box Fashion and the goods must be delivered in the same packaging and condition that you received them.

3.4.3.2. you agree not to use the goods;

3.4.3.3. you will receive a full refund of the purchase price within 30 days of the date of cancellation of the order; and

3.4.3.4. we will consider your agreement of purchase cancelled.

3.5. Membership cancellations

3.5.1. For membership clients, you are only entitled to receive your accessories after you have paid three months’ worth of membership fees. Your membership fees entitle you to access significantly discounted accessories, however, your right to receive the accessories depends on us receiving the full three months’ worth of membership fees.

3.5.2. This means that if you choose to cancel your membership, which you may do at any time by notifying us, you will not be refunded any membership fees up to the date of cancellation. You will also not be entitled to receive any further accessories after the date of cancellation unless you have paid the three months membership fees for those accessories prior to cancelling.

3.5.3. For all refunds or cancellations please cite your reference number that was provided to you by The Box Fashion. All refunds must be requested via email to info@theboxfashion.co.za or via the Client Care number which is 0860 117 536.

4. PRICING AND PAYMENT

4.1.1. The price of our products will be as quoted to you telephonically or displayed on our website, except in cases of obvious error. Prices include VAT and all payments are to be made in South African Rand. For membership clients, the cost of delivery is included in the membership fees. For any purchases (online & direct), the standard fee we charge for delivery is R80, unless you purchase R350 or more worth of products in a single transaction.

4.1.2. The Box Fashion may increase prices from time to time without prior notice.

4.1.3. For membership clients, ownership of the products will only pass to you once you have paid the full three months’ worth of membership fees to entitle you to receive the products.

4.1.4. Membership clients must pay their monthly membership fees to continue being eligible for the benefits of membership, including receiving the products, which will only be delivered to you after you have paid three months’ worth of fees.

4.1.5. Should we fail to collect payment from a membership client in any month because you do not have sufficient funds or you have not updated your banking details as required, we reserve the right at our discretion to extend the term over which payments are deducted by one month for each collection that fails.

4.2. Payment Options Accepted

4.2.1. Payment may be made via debit order, Visa, MasterCard, Diners or American Express credit cards or by bank transfer into The Box Fashion bank account, the details of which will be provided on request.

4.3. Credit Card Details and Security

4.3.1. Credit card transactions will be acquired for The Box Fashion via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

4.4. Merchant Outlet Country and Transaction Currency

4.4.1. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).

4.5. Customer details separate from card details

4.5.1. Customer details will be stored by The Box Fashion separately from card details which are entered by the client on PayGate’s secure site.

5. GIFT VOUCHERS/CARDS

5.1. Your gift voucher/ card allows you to purchase products on the The Box Fashion Website: www.theboxfashion.co.za.

5.2. Delivery is not included in your gift card/ voucher, unless otherwise stated on your gift card/ voucher.

5.3. Your gift card/ voucher is valid until the expiry date specified on your gift card/ voucher

5.4. If you have been registered on the The Box Fashion website, your gift card/ voucher will have been loaded onto your profile. Simply add the coupon to your purchase at checkout. You may use your coupon in one purchase, until the coupon amount is depleted.

5.5. If you have not been registered on the The Box Fashion website, simply add your voucher code at checkout.

6. LIMITATION OF LIABILITY

6.1. Subject to the provisions of the Consumer Protection Act, 2008 (CPA) and the rest of this clause, our liability to you in connection with any product purchased is strictly limited to the purchase price of that product.

6.2. The Box Fashion will not be responsible for any loss of income or revenue, loss of business, loss of profits or for any indirect or consequential loss or damage related to purchase or use of the products even if it is caused by our negligence.

6.3. This means that except where otherwise required by the CPA, you will have no claim against The Box Fashion in excess of the cost of the product.

6.4. Subject to the provisions of the CPA, we and our employees, directors or agents will not be liable for any loss or harm, direct, indirect or consequential, arising from, or connected to—
6.4.1. your use of the website;

6.4.2. your inability to use the website;

6.4.3. any operational failure of the website;

6.4.4. unlawful activity on the website and/or any linked third party websites;

6.4.5. any virus or other harmful code downloaded from the website by you;

6.4.6. you uploading or transmitting a virus, computer program or code onto the website; and/or

6.4.7. breach of security over the website unless it is due to our gross negligence.

6.5. The effect of this clause is that you will not be entitled to make any claims against us where you have suffered any loss or harm as a result of anything related to the list provided in this clause.

6.6. It is your responsibility to contact The Box Fashion if there are any discrepancies and changes to the order and account.

7. APPLICABLE LAW AND JURISDICTION

7.1. The use of this website and all transactions with The Box Fashion are governed by the laws of South Africa.

7.2. Except to the extent that any other regulatory authority has jurisdiction, you agree that the High Court of South Africa has jurisdiction over any disputes arising from these terms and conditions and your use of the website.

8. NOTICES

8.1. The Box Fashion chooses the following address as its address for the serving of all court processes, notices, or other documents or communication:
8B Rivonia Road, Illovo, Sandton, 2196, SA

9. REQUIRED DISCLOSURES

9.1. Access to and use of our website may be classified as electronic transactions in terms of the Electronic Communications and Transactions Act, 2002 (ECTA) therefore you have the rights as set out in Chapter 7 of the ECT Act. We, consequently, have a duty to disclose the following information:

9.1.1. FULL NAME AND LEGAL STATUS:
The Box Fashion (Pty) Ltd, a private company registered in South Africa with registration number 2014/271386/07);

9.1.2. PHYSICAL ADDRESS:
8B Rivonia Road, Illovo, 2196, South Africa;

9.1.3. TELEPHONE NUMBER:
0860 117 536;

9.1.4. EMAIL ADDRESS:
info@theboxfashion.co.za;

9.1.5. DIRECTORS:
Jacolene Combrinck and Winessa Potgieter

9.1.6. AFFILIATES:

9.1.6.1. The Box Fashion is affiliated with Nova Life, Platinum Life, Isabella Garcia International, IPS Health and Wellness and Besige Breintjies.

9.1.6.2. Please take note that Nova Life, the preferred telemarketing service provider to The Box Fashion, is an intermediary as described in the Consumer Protection Act 68 of 2008.

9.1.6.3. Registration Name: Nova Life (Pty) Ltd

9.1.6.4. Registration Number: 2015/332393/07

9.1.6.5. Physical Address: The Forum, Corner of Govan Mbeki Street and Totius Street, Potchefstroom, North West, 2531

9.1.6.6. Nova Life is a telemarketing company that specialises in the marketing, sell/sales and related administration for The Box Fashion products. Nova Life has not been found guilty of any offence involving dishonesty which was punishable by criminal imprisonment without the option of a fine, has not been placed under sequestration, liquidation or judicial punishment.

10. COMPETITION RULES:

10.1. Competitions are promoted by The Box Fashion (Pty) Ltd, a private company incorporated in South Africa, with registration number 2014/271386/07.

10.1.1. Requirements:

10.1.1.1. To enter a competition, you must be:

10.1.1.1.1. A resident in the Republic of South Africa

10.1.1.1.2. At least 18 (eighteen) years of age, and

10.1.1.1.3. A client of The Box Fashion, nominated by a The Box Fashion client or interact on any of The Box Fashion’s social media pages

10.1.2. Instagram and Facebook Page (dependent on the competition)

10.1.2.1. You may be contacted by The Box Fashion to confirm that you do/will comply with these requirements.

10.1.2.2. The Box Fashion may select an alternative winner if you do not meet the requirements of these rules.

10.1.2.3. This competition is open to anyone, except employees of The Box Fashion and sister companies and their family members.

10.2. Competition Entries:

10.2.1. Only entries made in the prescribed manner (see individual competitions) will be entered into the competition.

10.2.2. All entries must be submitted before the due date mentioned in the various competitions to be considered.

10.2.3. The Box Fashion accepts no responsibility for entries that are lost, delayed, misdirected, damaged, or undelivered.

10.2.4. Incomplete, lost, misdirected, damaged, or undelivered entries and entries that are delayed beyond the closing date and time will be disqualified.

10.2.5. By entering a competition, all participants and winners agree to be bound by these rules as interpreted by The Box Fashion, whose decision regarding any dispute will be final and binding. The Box Fashion reserves the right at any time without notice to amend, modify, or change these rules, and to postpone, suspend or cancel this competition and any prizes (which have not yet been subject to a draw), or any aspect thereof, without notice at any time, for any reason which The Box Fashion reasonably deem necessary.

10.2.6. Any violation of the competition rules will result in immediate disqualification from the competition.

10.3. The Prize:

10.3.1. The prize is as stated in the various competitions and is not transferable or exchangeable. No cash or other alternatives will be offered.

10.3.2. Winners will be notified via telephone or email. It is your responsibility to ensure that your contact details are submitted accurately.

10.3.3. If The Box Fashion cannot, for any reason, contact a winner within two business days of the winners being announced, The Box Fashion may select another winner.

10.3.4. The results of the competition are final. The Box Fashion will not correspond with anyone about the results.

10.3.5. The Box Fashion undertakes to deliver the prize to the winner via courier.

10.4. Limitation of The Box Fashion’s Liability:

10.4.1. The Box Fashion will not be liable to any entrant or winner, their legal representatives or any third party for any harm suffered as a result of entering the competition, even if it is caused by the negligence of The Box Fashion. This means that you will have no claim against The Box Fashion.

10.4.2. The Box Fashion will only be responsible for harm or losses caused directly by the gross negligence of The Box Fashion or its agents.

10.5. Personal Information:

10.5.1. If agreed upon by the winner, The Box Fashion will make use of their personal information as may be required by the competition. We will however not disclose the winner’s personal information to any third party or for any purposes other than the promotion of the competition, unless the winner has agreed otherwise.

10.5.2. The Box Fashion may ask the winners of the prize to be identified, photographed and published in printed and digital media, or to appear on radio and television, when receiving their prizes.

10.5.3. The winner may however decline to participate in any marketing activity.

10.6. Governing Law:

10.6.1. These rules are governed by and will be interpreted in accordance with South African law.

11. COMPETITIONS DETAILS

11.1. The names and/or photographs of the prize winners will/may be published on the official The Box Fashion website (www.theboxfashion.co.za) as well as The Box Fashion social media pages.

11.2. Women’s Day Competition Terms & Conditions

11.2.1. Entries will open and close on a date specified by The Box Fashion at midnight.
11.2.2. Entries must be submitted correctly as instructed in the social media post.
11.2.3. Judges’ decision is final, and no correspondence will be entered into after a winner has been chosen.
11.2.4. The winner will be announced on social media on a date specified by The Box Fashion.
11.2.5. This competition is open to clients/prospect clients of The Box Fashion, except employees of The Box Fashion.
11.2.6. The prize is not transferable.
11.2.7. The Box Fashion undertakes to deliver the prize, any box of your choice for you and the person you nominated, to the winners by courier.
11.2.8. Any violation of the competition rules above will result in immediate disqualification from the competition.

11.3. Black Friday Competition

11.3.1. 10 Winners will randomly be selected via a lucky draw on a date specified by The Box Fashion and the winners will be contacted telephonically or via email.
11.3.2. To be considered, entries must be submitted correctly via the online joining form and must result in a full membership taken out with The Box Fashion before or on a date specified by The Box Fashion.
11.3.3. Only entries completed on the joining form between two dates specified by The Box Fashion will be considered.
11.3.4. Although we run various campaigns, entries into this competition are only valid for prospective clients who complete the online form and thus form part of our online campaign.
11.3.5. Each prospective client is entered into the competition when they join the membership. The definition of joining the membership is if the client replies “yes” in the confirmation to agree that they have taken out a membership with The Box Fashion.
11.3.6. This competition is only open to non-members of The Box Fashion that are not currently a member or an employee of The Box Fashion or any of its sister companies or a family member of an employee.
11.3.7. The Box Fashion undertakes to deliver the prize in the form of 4 seasonal boxes delivered within 12 months (a box every 3 months). The value of this prize is equal to R 4 764.00 (a monthly membership fee of R397 x 12).
11.3.8. The prize is not transferrable.
11.3.9. Judges’ decision is final and no correspondence will be entered into after a winner has been chosen.
11.3.10. Any violation of the above competition rules will result in immediate disqualification from the competition.

11.4. R10 000 worth of accessories Competition Terms & Conditions:

11.4.1. One winner will be randomly selected each quarter from entries submitted throughout the year.
11.4.2. Judges’ decision is final and no correspondence will be entered into after a winner has been chosen.
11.4.3. The winner will be informed telephonically.
11.4.4. This competition is open to anyone who completed The Box Fashion Style Questionnaire, except employees of The Box Fashion and sister companies and their family members.
11.4.5. The prize is not transferable.
11.4.6. The prize includes R10 000 worth of The Box Fashion accessories.
11.4.7. The Box Fashion undertakes to deliver the prize to the winner via courier.
11.4.8. Any violation of the competition rules above will result in immediate disqualification from the competition.

11.5. R5 000 Google/Hello Peter Review Competition Terms & Conditions:

11.5.1. One winner will be randomly selected each quarter from entries submitted throughout the year.
11.5.2. Judges’ decision is final and no correspondence will be entered into after a winner has been chosen.
11.5.3. The winner will be informed telephonically.
11.5.4. This competition is open to anyone who posted a compliment on Google review, Facebook recommendations or Hello Peter, except employees of The Box Fashion and sister companies and their family members.
11.5.5. The prize is not transferable.
11.5.6. The Box Fashion undertakes to deliver the prize, R5000, to the winner electronically.
11.5.7. Any violation of the competition rules above will result in immediate disqualification from the competition.