Membership, Online Store and Competition T&C’s

1. OUR PRODUCTS AND SERVICES

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

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

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

1.4. You are responsible for using the products only as instructed, and The Box Fashion will not be liable 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. THE BOX FASHION MEMBERSHIPS

2.1. Availability and delivery

2.1.1. All deliveries depend on product availability, and we will notify you immediately if any products from your selected box are not available. In this instance, we will offer you equivalent products or a different box of your choice within 30 days of our notification to you.

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

2.1.3. It is your responsibility to ensure that we have the correct delivery details. The Box Fashion cannot be held liable for any loss as a result of incorrect information provided.

2.1.4. It is your responsibility to ensure that the products received correspond to the item list provided in your box. 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.

2.1.5. Should you have any issues, please contact Client Care on 0860 117 536 or email us at info@theboxfashion.co.za for assistance.

2.1.6. Delivery is only available in South Africa.

2.2. Returns

2.2.1. We are sure that you will love our products! However, if you want to return them because you are not satisfied for any reason, please contact us on 0860 117 536 or email us at info@theboxfashion.co.za for assistance.

2.2.2. Return of defective items

2.2.2.1. In the unlikely event that any of our products delivered within the preceding 6 months 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 a return. The Box Fashion reserves the right to accept a photo of the defective item for inspection at our sole discretion.

2.2.2.2. We reserve the right to inspect the products to determine whether they are defective and whether any damage has been caused by you or by wear and tear. 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.

2.2.2.3. If it is found that the item is indeed defective, we will gladly replace it. You will be notified, and a replacement will be delivered within 15 business days from the notification.

2.2.3. Return of boxes

2.2.3.1. Your 1st seasonal box comes with a money-back guarantee. In the unlikely event that you are not satisfied with your 1st seasonal box, you may request to return it for a full refund of membership fees paid towards it within 7 days of receipt. We will arrange to collect the 1st seasonal box from you within a reasonable time, and you will be refunded within 7 days after we receive the returned box.

2.2.4. Exchanges

2.2.4.1. If you receive a seasonal box that is not the one you prefer, you may request an exchange for your preferred box within 7 days of receipt, provided that the items are in an unused condition and in their original packaging with labels attached. An exchange will be arranged, and the new box will be delivered within 15 business days, on the condition that the original parcel is handed over to the courier first.

2.2.4.2. Seasonal boxes come as carefully curated sets, and single items from 1 seasonal box cannot be swapped for the items of another. A box can be exchanged for a different, more suitable box instead, provided that it meets the abovementioned exchange criteria.

2.2.5. In instances where a collection is arranged, the couriers will communicate with you regarding when the package will be collected. Please note that it is your responsibility to ensure that the package is given to the couriers on the 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. We will not be able to take further action to resolve your request until the parcel is received.

2.3. Membership cancellations

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

2.3.2. 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.

2.3.3. All cancellations must be requested directly with our Client Care department, which can be done via email to info@theboxfashion.co.za or telephonically on 0860 117 536. The membership number provided by The Box Fashion or your South African ID number needs to be cited with any request.

2.4. Pricing and payment

2.4.1. The monthly membership fees and the prices of our products will be as quoted to you telephonically or displayed on our website, except in cases of obvious error.

2.4.2. Prices include VAT, and all payments are to be made in South African Rand.

2.4.3. Membership fees for a specific membership level offered will remain unchanged for at least 12 months, after which inflation of up to 10% may be applied without prior notice.

2.4.4. There is no delivery fee for seasonal box deliveries. With any additional direct purchases, or online purchases for under R350, the standard fee we charge for delivery is R80. Online store purchases of over R350 for a single purchase will have the standard R80 delivery fee waived.

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

2.4.6. The ownership of the products in your seasonal boxes will only pass to you once you have paid the full three months’ worth of membership fees that entitle you to receive that membership level’s box.

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

2.4.8. The Box Fashion may, at our discretion, offer members the option to extend the payment terms for their seasonal boxes.

2.4.9. Should we fail to collect payment from a membership holder 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.

2.4.10. The Box Fashion will take all reasonable measures to aid members in the collection of their membership fees, thereby ensuring uninterrupted membership benefits, including collecting weekend or public holiday debits on earlier dates and/or tracking failed debits.

2.4.11. Membership fees may be paid via debit order, Visa or MasterCard. The Box Fashion reserves the right to allow payment by bank transfer into The Box Fashion’s bank account, which will be provided on request. Should such an allowance be made, the member undertakes to provide the Proof of Payment document, as supplied by the bank, to The Box Fashion.

2.4.12. Card transactions

2.4.12.1. Card transactions will be acquired for The Box Fashion via PayGate (Pty) Ltd, 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 card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

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

2.4.12.3. Personal details provided up to the point of payment will be stored by The Box Fashion. Card/payment details are entered by the client on PayGate’s secure site and are stored in accordance with PayGate’s storage policy.

3. ONLINE SALES

3.1. Availability and delivery

3.1.1. All orders and deliveries depend on product availability, and we will notify you immediately 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, within 30 days of our notification to you.

3.1.2. 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 reasonably possible. Please ensure that the address and contact number you provide to us are accurate to avoid any unnecessary delays.

3.1.3. You are responsible for ensuring 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.

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

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

3.1.6. Delivery is only available in South Africa.

3.2. Returns

3.2.1. We are sure that you will love our products! However, if you want to return them because you are not satisfied for any reason, please contact us on 0860 117 536 or email us at info@theboxfashion.co.za for assistance.

3.2.2. Return of defective items

3.2.2.1. In the unlikely event that any of our products delivered within the preceding 6 months 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 a return. The Box Fashion reserves the right to accept a photo of the defective item for inspection at our sole discretion.

3.2.2.2. We reserve the right to inspect the products to determine whether they are defective and whether any damage has been caused by you or by wear and tear. 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.

3.2.2.3. If it is found that the item is indeed defective, we will gladly replace it. You will be notified, and a replacement will be delivered within 15 business days from the notification.

3.2.3. In instances where we arrange a collection, the couriers will communicate with you regarding when the package will be collected. Please note that it is your responsibility to ensure that the package is given to the couriers on the 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. We will not be able to take further action to resolve your request until the parcel is received.

3.2.4. Return of products – Cancelled orders

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

3.2.4.2. Returns are not allowed on earrings unless the products are found to be defective.

3.2.4.3. Other criteria for returning an item:
3.2.4.3.1. The item is in an unused condition.
3.2.4.3.2. The item being returned qualifies for a return.
3.2.4.3.3. The item is in its original packaging, with labels attached.

3.2.4.4. If you decide to cancel:
3.2.4.4.1. 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 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.
3.2.4.4.2. You may not use the goods.
3.2.4.4.3. You will receive a full refund of the purchase price within 30 days of the date of cancellation of the order, provided The Box Fashion has received any relevant product returns.
3.2.4.4.4. We will consider your agreement of purchase cancelled.

3.2.4.5. For all refunds or cancellations, please cite the order number provided 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.

3.3. Pricing and payment

3.3.1. The price of our products will be as quoted to you telephonically or displayed on our website, except in cases of obvious error.

3.3.2. Prices include VAT, and all payments are to be made in South African Rand.

3.3.3. The standard fee we charge for delivery is R80. However, delivery is free for a single order over R350.

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

3.3.5. Payments may be made via Visa and MasterCard.

3.3.6. Card transactions will be acquired for The Box Fashion via PayGate (Pty) Ltd, 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 card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

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

3.3.8. Personal details provided up to the point of payment will be stored by The Box Fashion. Card/payment details are entered by the client on PayGate’s secure site and are stored in accordance with PayGate’s storage policy.

3.4. Online shop vouchers

3.4.1. Your voucher/gift card enables you to purchase products on The Box Fashion’s online shop: shop.theboxfashion.co.za.

3.4.2. Delivery fees are not included in your voucher/gift card unless otherwise stated when the voucher code is provided.

3.4.3. You may use your voucher by applying your unique voucher code at checkout.

3.4.4. A voucher code may only be used in one transaction.

3.4.5. Complimentary vouchers/gift cards expire precisely 2 months from issuance unless specified otherwise.

3.5. Online store credit

3.5.1. Online store credit may be allocated to a member/user’s online profile for use in purchasing products from The Box Fashion’s online shop: shop.theboxfashion.co.za.

3.5.2. Online store credit is automatically available once the user is logged into their online profile and can be applied during checkout.

3.5.3. Online store credit has no expiration date and can be used for multiple transactions, provided there is remaining credit available.

3.5.4. Returns of products purchased using online store credit will not be refunded in cash. Instead, the equivalent store credit for the purchase price of returned items will be reallocated to the user’s online profile.

3.5.5. Online store credit is not transferable or exchangeable for cash.

3.5.6. The Box Fashion will take all reasonable measures to assist users in applying their available store credit to online purchases. However, except in cases of system malfunction, The Box Fashion cannot be held liable for any issues arising from the user’s inability to apply their credit.

4. LIMITATION OF LIABILITY

4.1. 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.

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

4.3. 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.

4.4. 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—
4.4.1. your use of the website;
4.4.2. your inability to use the website;
4.4.3. any operational failure of the website;
4.4.4. unlawful activity on the website and/or any linked third-party websites;
4.4.5. any virus or other harmful code downloaded from the website by you;
4.4.6. you uploading or transmitting a virus, computer program or code onto the website; and/or
4.4.7. breach of security over the website unless it is due to our gross negligence.

4.5. 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.

4.6. It is your responsibility to contact The Box Fashion if there are any discrepancies and changes to your order, account, or membership details.

5. APPLICABLE LAW AND JURISDICTION

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

5.2. 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.

6. NOTICES

6.1. 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

7. REQUIRED DISCLOSURES

7.1. 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:

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

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

7.1.3. TELEPHONE NUMBER:
0860 117 536

7.1.4. EMAIL ADDRESS:
info@theboxfashion.co.za

7.1.5. DIRECTORS:
Jacolene Combrinck, Winessa Potgieter, Shachar Shlesinger, Martin Kalmek, Liesl Matthews

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

7.1.7. Please 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.
7.1.7.1. Registration Name: Nova Life (Pty) Ltd
7.1.7.2. Registration Number: 2015/332393/07
7.1.7.3. Physical Address: The Forum, Corner of Govan Mbeki Street and Totius Street, Potchefstroom, North West, 2531
7.1.7.4. 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 and has not been placed under sequestration, liquidation or judicial punishment.

8. COMPETITION AND OFFER RULES

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

8.2. Competition requirements

8.2.1. To enter a competition, you must:
8.2.1.1. Be a resident in the Republic of South Africa.
8.2.1.2. Be at least 18 (eighteen) years of age or, for competitions advertised to under-18s, have a parent/legal guardian present to enter and accept any prizes.
8.2.1.3. Be 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.
8.2.1.4. Meet the unique requirements of the competition, as posted/advertised.

8.2.2. The Box Fashion may contact you to confirm that you do/will comply with these requirements.

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

8.2.4. This competition is open to anyone meeting these requirements, except employees of The Box Fashion, its sister companies, and their family members.

8.3. Competition entries

8.3.1. Only entries made in the manner instructed by the relevant competition alert/social media post will be entered into the competition.

8.3.2. All entries must be submitted before the due dates indicated in the relevant competition alert/social media post.

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

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

8.3.5. 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.

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

8.4. The competition prize

8.4.1. Unless otherwise specified, competition winners will be selected at random from the competition entrants on/after the closing date specified in the competition advertisement/post.

8.4.2. The prize is as stated in the relevant competition advertisement/posting and is not transferable or exchangeable. No alternatives will be offered.

8.4.3. Winners will be notified via telephone/email/social media. It is your responsibility to ensure that your contact details are submitted accurately.

8.4.4. 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.

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

8.4.6. The Box Fashion undertakes to deliver the prize to the winner via courier, where applicable.

8.5. Limitation of The Box Fashion’s liability to competition entrants

8.5.1. 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.

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

8.6. Personal information collected through competition entries

8.6.1. 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 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.

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

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

8.7. Limited/special offers

8.7.1. All offers over and above or differing from The Box Fashion’s standard service offering are to be considered a limited/special offer.

8.7.2. Any limited/special offers presented by The Box Fashion are subject to the individual terms of each agreement and the offeree’s fulfilment of their obligations to qualify.

8.7.3. Limited/special offers are usually presented in conjunction with The Box Fashion’s standard membership offering. If the membership linked to an offer presented is cancelled or the offeree does not meet their obligations as set out in these Terms and Conditions or related to the specific offer, the offeree is no longer entitled to the offer or its benefits.

8.7.4. The Box Fashion is not liable to any participant in a limited/special offer, their legal representatives or any third party for any harm suffered as a result of ineligibility or disqualification from the offer or its benefits.

8.7.5. The Box Fashion reserves the right to alter the Terms and Conditions of a limited/special offer without prior warning.

8.8. Free perfume offer

8.8.1. The free perfume offer is limited, available only to membership applicants forming part of the relevant campaign and applying during the applicable period.

8.8.2. Only members advised of the free perfume offer during their recorded sales call where membership was accepted are eligible to receive a complimentary perfume inside their first seasonal box.

8.8.3. The inclusion of this perfume is subject to the first three membership fees being collected successfully within three calendar months of the first deduction date as scheduled during the sales call. Failure to pay three full membership fees within these three months results in disqualification and the offer will no longer be available to the offeree.

8.8.4. This perfume is considered part of the first seasonal box. Should the offeree exercise their right to the 7-day money-back guarantee available on their first seasonal box, the perfume must be unopened and unused inside the returned box to qualify for the full refund.

8.9. Complimentary gift/voucher offers for Affiliate members

8.9.1. Affiliates of The Box Fashion may nominate a selection of their policyholders/members to receive complimentary gifts or vouchers from The Box Fashion.

8.9.2. The procedures of these nominations and their offers are in accordance with The Box Fashion’s Privacy Policy and PAIA and POPIA Manual.

8.9.3. These offers are exclusively available to the nominated members/policyholders. Not all Affiliate policyholders or members are entitled to complimentary items/vouchers from us.

8.9.4. Should the nominee fail to claim the benefits of an offer in any way, such as failing to submit a gift selection within a reasonable period of being prompted or not using a voucher before its expiration date, they may no longer be eligible for the offer.

8.10. DebiCheck vouchers

8.10.1. The Box Fashion may offer applicants or members who are part of selected campaigns the opportunity to receive a complimentary online store voucher, or a voucher of increased value, relating to the acceptance of a DebiCheck mandate from the account holder’s bank.

8.10.2. Applicants or members who have received this offer are only eligible if The Box Fashion receives an accepted DebiCheck mandate from the bank.

8.10.3. The Box Fashion will take all reasonable measures to aid offerees in meeting their obligation to accept the mandate but cannot be held liable for disqualification due to the offeree’s inability to produce an accepted mandate response.

8.11. Referral incentives

8.11.1. The Box Fashion may offer members part of selected campaigns the opportunity to nominate or refer friends and family members.

8.11.2. Both the referrer and the referee are only eligible for the incentives if the person referred is not currently a member and was not previously a member of The Box Fashion.

8.11.3. The referrer’s reward for referring persons who become active members depends on the campaign/platform used to provide their referrals. The reward details will be communicated to the referrer telephonically or via the relevant platform.

8.11.4. The referee’s reward depends on the campaign/referral source, which will be confirmed with the referee telephonically or via the webpage they use to join.

8.11.5. Referees who receive a unique referral link must use that specific link to join. If not, the referee and their referrer will not be eligible for the relevant rewards.

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