Terms of Service

STANDARD GIFTS
TERMS AND CONDITIONS OF SERVICE AND ONLINE SALES
 
TERMS & CONDITIONS                                                                          Last Updated: 28 May 2021
 
These terms and conditions constitute the entire agreement between you, the Customer (hereinafter referred to as "you", "your" or the "Customer" in this Agreement) and Standard Gifts (Pty) Ltd (a Private Company, duly incorporated and registered as such in terms of the relevant laws of the Republic of South Africa and having Registration Number: 2020/424766/07 with its principal place of business situated at 67 Barney Simon Road, Newtown, Johannesburg, 2001).
 
Standard Gifts (Pty) Ltd provides for the online sale of which products include but are not limited to cookware, kitchenware, tableware, bakeware, knives, catering-ware, homeware, gifts and related products subject to the laws and regulations of the republic of South Africa.
 
These Terms and Conditions should be read carefully. By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you acknowledge and confirm that you have read all of the terms of this Policy and our Website's Terms and Conditions, and that you understand, accept and agree to be bound by all the provisions contained in this Policy and the Terms and Conditions as contained on our Website. Should you not agree to be bound by any of these terms and conditions and by our privacy policy, kindly exit this page and do not access or use our Website.
Our Terms and Conditions set forth the terms you are bound to when using/accessing our website, including but not limited to usage, information, transactions, purchase, delivery, cancellation, dispute resolution and contact details.
These Terms and Conditions are reviewed from time to time and may be amended at our sole discretion, in whole or part, to ensure that it complies with Legislation enacted from time to time.
Therefore, by continuing to use or access our Website following any amendments that may have been implemented, it shall be deemed that you have agreed to such amendments. Accordingly, we recommend that you review this page frequently so that you are aware of any amendments. Should you wish not to be bound to the amended Terms and Conditions, kindly refrain from using and transacting on our website.
Should we decide to amend our Terms and Conditions, we will post those amendments on this page and/or update the Terms and Conditions modification date on this page. 
  1. DEFINITIONS
    • In this Agreement, unless inconsistent with or otherwise indicated by the context –
      • the/this Agreement” means the Privacy Policy and Terms and Conditions incorporated on this website;
      • "Merchant" means a third-party seller of goods and services who may from time to time supply us with goods and/or services that we may sell on this website.
      • Business day” means a day which is not a Saturday, Sunday or official public holiday in the Republic of South Africa;
      • Claim/s” means any claim of whatsoever nature;
      • the Company” means Standard Gifts (Pty) Ltd (a Private Company, duly incorporated and registered as such in terms of the relevant laws of the Republic of South Africa and having Registration Number: 2020/424766/07 with its principal place of business situated at 67 Barney Simon Road, Newtown, Johannesburg, 2001);
      • “Entity” includes any association, business, close corporation, company, concern, enterprise, firm, partnership, joint venture, person, trust, undertaking or any other similar entity;
      • Law” means any law of general application and includes The Constitution, The Common Law and any Statute (Legislation), Decree, Treaty, Regulation, Directive, Ordinance, By-law, Order or any other enactment or legislative measure of government (including local and provincial government) statutory or regulatory body which has the force of law within the Republic of South Africa;
      • Person” means any Person, Company, Close Corporation, Trust, Partnership or other entity whether or not having separate legal personality;
      • Party/Parties means Standard Gifts (Pty) Ltd and any other person/individual or entity that uses or accesses our Website and/or purchases goods from us.
      • "Products" means goods and/or services which are sold and displayed on our Website;
      • Purchase” means the purchase of any item or service on/from our website;
      • Purchaser/Consumer” means any person/individual or entity that uses or accesses our Website and utilises the services thereon;
      • "Register/Registration" means create an account on our Website/the action of creating an account on our Website;
      • "Service" means all or any of the services provided by Standard Gifts (Pty) Ltd via the Website or via other electronic or other communication from Standard Gifts (Pty) Ltd, including but not limited to the information services, content and transaction capabilities on the Website and the ability to make a Purchase;
      • "Website" means the Standard Gifts website (i.e. www.standardgifts.co.za) and any auxiliary website supplementary to our main website.
      • any reference to –
        • the singular includes the plural and vice versa;
        • natural persons includes juristic persons and vice versa;
        • any one sex or gender includes the other sexes or genders, as the case may be; and
        • any Law means the relevant enactment or legislative measure as at the signature date and as amended or re-enacted from time to time within the Republic of South Africa.
1.2         If any provision in a definition is a substantive provision conferring rights or imposing obligations on any party, notwithstanding that it is only in the definitive clause, effect shall be given to it as if it were a substantive provision in the body of the Agreement.
1.3         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 day succeeding that day which is not a Saturday, Sunday or Public Holiday.
1.4         Where any term is defined within the context of any particular clause in this Agreement, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that the term has not been defined in this interpretation clause.
1.5         The expiration or termination of this Agreement shall not affect such of the provisions of this Agreement as expressly provided that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
1.6         The rule of construction that the contract shall be interpreted against the party responsible for the drafting or preparation of the agreement, shall not apply.
1.7         The use of uppercase or lower case shall not have any impact on the meaning ascribed to any term used in this Agreement, notwithstanding whether such term has or has not been defined in this interpretation clause.
  1. INTRODUCTION
 
  • Our website i.e. www.standardgifts.co.za is owned, operated and directed by Standard Gifts (Pty) Ltd (Registration Number: 2020/424766/07);
 
  • Standard Gifts (Pty) Ltd is obliged to comply with the relevant legislation in South Africa governing the electronic sale of goods.
 
  • The website is operated and maintained by Standard Gifts (Pty) Ltd for the purposes of marketing and facilitating the sale of products.
 
  • We have referred to the aforementioned enterprise in this document as "Standard Gifts", "us", "we", or "our").
 
  • We are dedicated, devoted and committed to keeping you informed of your rights and obligations in respect of the usage of our website and when transacting with us and accordingly our legal team has developed these Terms & Conditions and Privacy Policy.
 
  • The Terms and Conditions contained herein are in accordance with the Electronic Communications and Transactions Act No. 25 of 2002, the National Credit Act No. 34 of 2005, the Consumer Protection Act No. 68 of 2008, the Protection of Personal Information Act No. 4 of 2013 and all other applicable legislation enacted in South Africa from time to time.
 
  1. TERMS AND CONDITIONS OF USE
 
ACCEPTANCE OF TERMS AND CONDITIONS
 
  • By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you acknowledge and confirm that you have read all of the terms of this Policy and our Website's Terms and Conditions, and that you understand, accept and agree to be bound by all the provisions contained in this Policy and the Terms and Conditions as contained on our Website.
 
AGE
 
  • To purchase any products or services on our Website or to enter into any legally binding transaction in respect of our Website or any transaction related thereto you, must be at least 18 (Eighteen) years old.
 
  • By entering into any transaction with us you confirm and consent that you are at least 18 (Eighteen) years old.
 
  • Should you be under the age of 18 (Eighteen) it shall be deemed that your parent/s or legal guardian/s have provided you with consent to enter into any transaction on our website and accordingly we shall not be held liable for any claim arising should we be misled in this regard.
 
TERRITORY
 
  • The Website and Services contained thereon including any Purchase is directed solely at those who access the Website from the Republic of South Africa.
 
  • We make no representation that the Service (or any goods or services) are available or otherwise suitable for use outside of the Republic of South Africa.
 
  • Should you choose to access the Website (or use the Service or make a Purchase) from locations outside the Republic of South Africa, you do so at your own initiative and are accordingly responsible for the consequences and for compliance with all applicable laws.

PREVENTION ON USE
 
  • We reserve the right to prevent you from using our Website in its entirety and to prevent you from making any purchases or entering into any transactions.
 
  • Should we decide to enforce our rights in terms of clause 3.8 hereinabove, you may request reasons for preventing you from using our website in writing within 5 (Five) days after so being prevented, which reasons shall be furnished to you within 14 (Fourteen) days from the date upon which your request has been received.
 
ACCESSIBILTY
 
  • The use of the Website, Services thereon, making any Purchase or entering into any transaction with us, does not include the provision of a computer or any other necessary equipment to access the Website, Service, making of any Purchase.
 
  • We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur when using our Website or Service or to make a Purchase and/or to transact with us.
 
REGISTRATION
 
  • We do not require you to register and create an account to purchase a product or service advertised on our website. We will however request that you provide us with your personal information for delivery and invoicing purposes when making a purchase as a guest.
 
  • You may however elect to create an account before making a purchase. Your account would allow you to view your past purchases and adjust your account settings, such as username, email address and preferences.
 
  • It is not necessary to register in order to use much of the functionality of our Website. Registration however allows us to provide you with easy access to print your orders; view your past purchases and modify your preferences. Registration also ensures that you are kept updated with the latest product offerings and specials should you opt in to receive these offerings.
 
  • We reserve the right to decline a new registration or to cancel any account at any time.
 
  • Upon registration you will choose a password so that you may access your account. This password should be kept confidential and you should immediately notify us if any unauthorised third party becomes aware of your password or if there is any unauthorised use of your email address or any breach of security known to you.
 
  • You agree that any person to whom your user name or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) the Service and our Website. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
 
  • All accounts must be registered with a valid email address that you access regularly, so that moderation emails can be sent to you, should you opt in to receive these moderation emails.
 
  • Any account which has been registered with someone else's email address or with a temporary email addresses may be closed without any further notice. We may require users to re-validate their accounts if we believe they have been using an invalid email address.
 
  • We reserve the right to cancel or close any account of any user at any given time at our sole discretion.
 
  1. TERMS AND CONDITIONS OF SALE
 
ORDER
  • To purchase any products on our website i.e. www.standardgifts.co.za you hereby confirm, warrant and/or authorise that:
 
  • you are over the age of 18 years;
  • your details supplied to the Company are both true and correct;
  • the Company may verify any details reasonably required to confirm that you are eligible to order the products which you ordered;
  • your order shall constitute an offer to the Company which, upon acceptance thereof, will become a legally binding contract between yourself and the Company in terms of these Terms and Conditions;
 
  • The placement of products in a wishlist or shopping basket without completing the purchase cycle does not constitute an order, and as such, products may be removed from the shopping basket or website if stock is no longer available, or the price thereof might change without notice to you. You cannot hold Standard Gifts liable if such products are no longer available or are no longer available at the price when you complete or attempt to complete the purchase cycle at a later stage.
 
  • You acknowledge that stock of all products on offer is limited and that pricing may change at any time without notice to you. In the case of sale products, Standard Gifts 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, we cannot guarantee the availability of stock. When products are no longer available after you have placed an order, Standard Gifts will notify you.
 
  • The Company has not made any representations or warranties as to its goods or services and you have accepted to purchase such goods and services without any such representations or warranties.
 
  • There is no guarantee that any of the goods displayed on standardgifts.co.za will fulfill any claims as advertised or displayed on any products packaging or on the website.
 
  • Your order shall be deemed to be received by the Company once the Company has confirmed that it has been received.
 
  • Upon receiving an order, we will send you an email acknowledging that your order has been received and confirming the details of your order which includes your order reference number.
 
  • The order and acceptance thereof shall lapse if there is an error made on the website which may include amongst others, advertising, promotional and pricing errors. In such event, compensation will be limited to a full refund of monies paid to the Company.
  • We require a full upfront payment to be processed after receipt of your order but prior to the Company fulfilling your order. Save for instances of error, the prices of any product will be as quoted.
 
PRICING
 
  • We shall take all reasonable efforts to correctly reflect the description, availability, price, and delivery charges of products on our website. However, should there be any errors of whatsoever nature on the website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save in the case of any incorrect purchase price to the extent of refunding you for any amount already paid, or otherwise as set out in the return policy which appears hereunder.
DELIVERY OF ORDERS
 
  • Delivery takes approximately 10 to 15 business days from date of confirmation email for products in stock but may be sooner.
 
  • Once your order has been collected by the courier service from our warehouse, these are the estimated delivery timeframes:
 
  • Gauteng: 1-2 working days;
  • Other main centres: 2-3 working days;
  • Regional areas: 2-5 working days; and
  • Remote areas: 5-7 working days.
 
  • We do not guarantee exact delivery times, however, we can assure you that your delivery will be strictly monitored until it reaches you. 
  • Deliveries can only be made to addresses within the Republic of South Africa.
 
  • We are not responsible for delays due to issues that may arise from non-payment, inaccuracies, strikes, acts of God, supplier non-fulfilment or other related reasons.
 
  • Regardless of the delivery option which you have selected at the time of check out, we may require you to collect your order from the Company under any one or more of the following circumstances:
 
  • Your address is not a residential or business address in South Africa; and
  • Our courier vendor cannot make delivery to your nominated address or your address is such that it would impose unreasonable costs on Standard Gifts.
 
  • A refund will not be allowed if we are unable to fulfil your order for any delivery related reason. Instead, you will be required to collect your order from the Company or provide the Company with an alternative delivery address.
 
REFUNDS. RETURNS AND CANCELLATIONS
 
REFUNDS DUE TO UNAVAILIBILITY OF STOCK
 
  • If we are unable to fulfil your order and you have paid for your order in full, we will offer you a choice of a replacement product (subject to availability) or a refund of your payment within seven (7) days of request. The process on how to return any goods to us, is set out hereinbelow under the heading “Procedure to return goods”.
 
REFUNDS DUE TO ERROR IN GOODS SUPPLIED
 
  • If we have made an error and sent you the incorrect, you may return the product where Standard Gifts (Pty) Ltd will incur delivery costs, provided that the product is returned to us in its original condition and packaging within 7 days (calculated from the date on which goods have been received). Such goods must be returned with all original packaging materials, guarantee cards and instruction booklets (if any). The process on how to return any goods to us, is set out hereinbelow under the heading “Procedure to return goods”.
 
REFUNDS DUE TO DEFECTIVE OR DAMAGED GOODS
 
  • If the product which we have sent you is defective and/or damaged, you may return the product where Standard Gifts (Pty) Ltd will incur delivery costs, provided that the product is returned to us in its original condition and packaging within 7 days (calculated from the date on which goods have been received). Such goods must be returned with all original packaging materials, guarantee cards and instruction booklets (if any). The process on how to return any goods to us, is set out hereinbelow under the heading “Procedure to return goods”.
 
  • It should be noted that the Company does take pictures of products in good condition prior to them being dispatched for delivery and that the onus of proving that the goods were received in a defective condition shall lie with the customer.
 
CANCELLATION OF TRANSACTION DURING COOLING-OFF PERIOD
 
  • A customer is entitled to cancel any transaction without any penalty within seven (7) days of receipt of products in terms of Section 44 of the Electronic Communications and Transactions Act, 2002 (“cooling-off period”).
 
  • The cooling-off period does not apply to any electronic transaction where the products are made to the customer’s specifications, clearly personalised and/or by reason of their nature cannot be returned.
 
  • Goods by reason of their nature which cannot be returned during the cooling-off period include but are not limited to eBooks, eMagazines, digital products and/or electronic vouchers
 
  • The cooling-off period only applies to natural persons and cancellation in terms of the cooling-off period can only be made by the person who has purchased the goods on our website platform or by any other electronic means.
 
  • The customer shall incur all delivery and reasonable administrative charges when cancelling a transaction in terms of clause 4.22.
 
  • The process on how to return any goods to us, is set out hereinbelow under the heading “Procedure to return goods”.
 
PROCEDURE TO RETURN GOODS TO STANDARD GIFTS
 
 
  • Before returning an item, please obtain a return authorisation (“RA”) number by emailing us at sales@standardgifts.co.za or online@standardgifts.co.za. Any returns not accompanied by a RA number will not be accepted. The RA number must be clearly written on the outside of the package and/or on the shipping label.
 
  • Returns must be sent by courier and insured for the full price by a traceable carrier to Standard Gifts - 67 Barney Simon Road, Newtown, Johannesburg, 2001.
 
  • Goods must be returned in the same condition in which it had been received, securely packaged together with all original packaging materials, guarantee cards and instruction booklets (if any), and within seven (7) days of delivery for any refund to apply.
 
PRODUCT AND OWNERSHIP
  • Title and risk in the products shall pass to you upon delivery to the address set out in your order or upon collection thereof.
 
  • By placing an order, you confirm that:
 
  • You are 18 years of age or older;
  • Your details are true, correct and current;
  • You have verified your order at check-out; and
  • You have verified your delivery details.
 
GIFT VOUCHERS
  • Standard Gift’s gift vouchers are not redeemable for cash and will not be replaced if lost, stolen, destroyed, or used without permission.
 
  • Standard Gift’s gift vouchers cannot be resold to or exchanged with a third party.
 
  • A customer may not use Standard Gift’s gift vouchers to purchase another Standard Gift’s gift voucher(s).
 
  • Standard Gift’s gift vouchers can only be redeemed online through our website (standardgifts.co.za)
 
  1. INDEMNITY
 
  • We are not the supplier of the product or service advertised on our website and therefore we cannot take any responsibility for any harm which you may suffer (such as injury, illness, damage or loss of your property or any consequential or other loss) due to the use of the product or service.
 
  • You indemnify us against any loss, liability or cost incurred by you, arising out of any claims or legal proceedings, which are brought or threatened against us, by any person arising from your use of the Service or Website; the use of the Service or Website through your password and/or any breach of this Agreement by you.
 
  1. ACKNOWLEDGEMENT
 
  • By indicating your acceptance of the Terms and Conditions on the order and checkout page, you warrant that you have carefully read, understood and agree to be bound in terms hereof. If you do not agree to these Terms and Conditions in their entirety, you must not proceed to place an online order.
 
  • By using this website and ordering products, you may provide us with your express permission to collect and retain certain information from you on the website for the purpose of facilitating sales and conducting marketing activities on behalf of the Company, including your name, address, medical aid details and other personal information. We take all reasonable precautions to protect your personal information as required by the Protection of Personal Information Act No. 4 of 2013. Kindly see our Privacy Policy which sets out the further particulars in respect of storing your personal information.
 
  • If any of these Terms and Conditions are by law deemed to be invalid, void, or for any reason unenforceable to any extent, that term, condition or provision will be deemed severable from the remaining terms and conditions and will not affect the validity and enforceability thereof.
 
  • These Terms and Conditions constitute the whole agreement between you and Standard Gifts. To the extent permissible by law no party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
 
  • All rights reserved. Standard Gifts reserve all our statutory, common law and other rights in providing this service to you. Furthermore, we disclaim all liability in cases where you provide inaccurate, misleading or false information to us or the and/or arising from the misuse of your personal information by unauthorised third parties.
 
  • To The extent permissible by applicable law, Standard Gifts shall not be liable to you or any other party for any consequential, direct or indirect loss or damage, arising out of or in connection with these Terms and Conditions or your order in any manner whatsoever however caused.
 
  • Standard Gifts will have the right to amend these Terms and Conditions from time to time as may be reasonably necessary by publishing the changes on the website sending you an electronic mail notifying you that changes have been made to these Terms and Conditions. The Terms and Conditions as amended will be effective upon being published.
 
  • Standard Gifts reserves the right to remove and/or terminate a Special and/or Promotional Offer at any time without any notice. Standard Gifts further reserves the right to modify, suspend, withdraw or discontinue, temporarily or permanently the Special Offer and/or Promotion in whole or in part at any time whatsoever without any notice.
 
  • Additional Terms and Conditions may apply to specific special and/or promotional offers and you shall be notified prior to the purchase of these promotional offers should any further terms and conditions apply.
 
  1. CESSION OF RIGHTS
 
  • Subject to the provisions of this Agreement, the Consumer shall not be entitled to pledge, cede, make over or assign his/her rights and/or obligations in terms hereof without the prior written consent of the Company.
 
  1. SECURITY POLICY
 
  • In terms of the Protection of Personal Information Act No. 4 of 2013, we require your consent to process (store and use) your personal information which you have entered when registering an account or when making a purchase as a guest.
 
  • We request that you read our Privacy Policy as displayed on our website and provide us with your consent to process your personal information for very specific reasons and by very specific parties which are essential us to provide you with our service.
 
  • We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
 
  • We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep any information contained therein confidential.
 
  1. PRIVACY POLICY
 
  • Kindly read our Privacy Policy which forms part of these Terms and Conditions and is readily available on our Website.
 
  • We require your consent to process your personal information and keep your data safely stored.
 
  1. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
 
  • All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements) whether registered or unregistered) in the Website and Service, information content on the Website or accessed as part of the Service, any database operated by us and all the website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property or that of our licensors.
 
  • You shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
 
  • None of the material listed may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission.
 
  • You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
 
  • You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our written permission.
 
  • All rights (including goodwill and, where relevant, trade marks) in Standard Gifts are owned by us (or our licensors).
                                    
  • Other products and company names mentioned on the Website are the trademarks or registered trademarks of their respective owners.
 
  • Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.
 
  1. GOVERNING LAW
 
  • The Agreement/terms and conditions and/or any dispute arising therefrom shall be governed by the Laws of the Republic of South Africa.
 
  • The Parties shall, in the event that a dispute arises firstly attend to resolve the dispute through mediation by contacting our legal team, the details of which are provided for hereunder, to arrange for such mediation, failing which the matter shall be resolved in accordance with clause 12 herein below.
 
  • Notwithstanding clause 11.2, Standard Gifts shall be allowed to approach a court directly for relief in the following instances:
    • Claims for unpaid accounts / orders; and
    • Seeking an interdict for to prevent usage of Standard Gifts intellectual property.
 
  1. ARBITRATION AND JURISDICTION
 
  • Save where otherwise provided in this agreement, should any dispute arise between the Parties in connection with:-
 
  • the formation or existence of this agreement;
  • the implementation of this agreement;
  • the interpretation or application of the provisions of this agreement;
  • the Parties’ respective rights and obligations in terms of or arising out of this agreement or the breach or termination of;
  • the validity, enforceability, rectification, termination or cancellation, whether in whole or in part of;
  • any documents furnished by the parties pursuant to the provisions of clause 11 of this agreement of which relate in any way to any matter affecting the interests of the parties in terms of this agreement, that dispute shall unless resolved amongst the parties to the dispute, be referred to and be determined by mediation in terms of clause 11.2 failing which arbitration shall be concluded in terms of this clause.
 
  • Save as provided in clause 11.3 none of the parties shall be entitled to institute any legal proceedings against the other/any other in connection with any dispute referred in clause 12.1 above unless and until such dispute has been submitted to mediation and arbitration as provided for herein and such mediation and arbitration has been concluded, and then only to the extent that such legal proceedings are not otherwise prohibited in accordance with the provisions of this clause.
 
  • Any party to this agreement may demand that a dispute be determined in terms of this clause by written notice given to the other party.
 
  • The mediation and arbitration shall be held:
    • at Johannesburg;
    • on the basis that the proper Law of the agreement contained in this clause and the terms and conditions/contract in which this clause is contained shall be governed by the Law of the Republic of South Africa unless provided and expressly stipulated otherwise;
    • with only the legal and other representatives of the parties to the dispute present thereat;
    • In terms of the Arbitration Act 42 of 1965 (as amended) except as otherwise provided in this sub-clause 12.4.4 and in sub-clause 12.7 below, it being the intention that the arbitration shall be held and completed as soon as reasonably possible should the parties fail to mediate the matter successfully.
 
  • The mediator/arbitrator shall be, if the matter in dispute is principally:
 
  • a legal matter, a practicing Advocate or Attorney of Johannesburg (of our choice) and of at least 3 (three) years’ standing;
  • an Accounting matter, a practicing Chartered Accountant of Johannesburg (of our choice) and of at least 3 (three) years’ standing;
  • any other matter, an independent person, agreed upon between the parties to the dispute.
 
  • Should the parties to the dispute fail to agree whether the dispute is principally legal, accounting or other any matter within 7 (seven) days after mediation was demanded, the matter shall be deemed to be a legal matter.
 
  • The Arbitrator shall have the power to fix all procedural rules for the holding of the arbitration, including discretionary powers to make orders as to any matter which he may consider proper in the circumstances of the case with regard to submissions, pleadings, discovery, inspection of documents, examination of witnesses and any other matter relating to the conduct of the arbitration. The arbitrator may receive and act on all such evidence, whether oral or written, strictly admissible or not, as he in his discretion may deem fit.  Unless the arbitrator otherwise expressly direct, the arbitration shall be conducted according to the procedures laid down by the Uniform Rules of the High Court of South Africa as amended and adapted by any special rules or practices applicable in the High Court of South Africa, Johannesburg Division.
 
  • The award of the arbitrator shall be final and binding upon all the parties to the dispute (who hereby agree to carry out the award). The parties hereby exclude all rights of appeal that might otherwise be conferred on them by law.
 
  • The arbitrator’s award may be made an order of any court of competent jurisdiction including, for the avoidance of doubt, any court which is authorised to make such an order by virtue of any treaty or legislation to the reciprocal enforcement of foreign arbitration awards or judgments.
 
  • The parties hereby consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division in respect of the proceeding referred to in clause 12.7 and clause 12.9 hereinabove.
 
  • The parties agree to keep the mediation/arbitration including the subject matter of the arbitration and the evidence heard during the arbitration confidential and not disclose the same to anyone except for the purposes of the mediation/arbitration proceedings in terms of this clause, any review thereof and obtaining an order in terms of clause 22.9 hereinabove.
 
  • Nothing contained in this clause (12) shall prevent any party from seeking an interdict from any court of competent Jurisdiction, in circumstances justified by Law.
 
  • The provisions of this clause:
 
  • constitute an irrevocable consent by the parties to any proceedings in terms hereof and no party shall be entitled to withdraw therefrom or claim at any such proceedings that it is not bound by such provisions; and/or
 
  • constitute a separate agreement, severable from the rest of this agreement and shall remain in effect despite determination of or invalidity for any reason of this agreement.
 
  1. ELECTRONIC COMMUNICATIONS
 
  • The email address/es which you provide for order processing and/or registration, may be used for one or more of the following purposes (should you provide us with your consent to use your email address for these specific purposes):
 
  • To send you information and updates pertaining to your order or use of our service;
  • To send you information pertaining to your account details and/or status;
  • To send you occasional news, updates, related to our Website;
  • To send you promotional emails;
  • To offer you additional services related to Standard Gifts;
  • To remind you of the services we offer.
 
  • Kindly note that after providing with consent to process your information for specific purposes, if at any time thereafter you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email as well as an account review in which you may specifically indicate as to which communications you would like to receive and those which you would elect to exclude.
 
  1. DISCLAIMER OF WARRANTIES & LIMITATION ON LIABILITY
 
  • Each party warrants and represents that it has the full right and authority to enter into this agreement and that it is not aware of any impediment which would inhibit its ability to perform the terms and conditions imposed on him/her/it.
 
  1. WAIVER
 
  • No waiver of any of the terms and conditions contained on this website will be binding for any purpose unless expressed in writing on this website and any such waiver will be effective only in the specific instance and for the purpose given. No failure or delay on the part of either Party in exercising any right, power or privilege will operate as a waiver, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
 
  • The failure of either party to comply with any non-material provision of this agreement/terms and conditions shall not excuse the other party from performing the latter’s obligations hereunder fully and timeously.
 
  1. WHOLE AGREEMENT
 
  • The terms and conditions contained herein constitutes the whole of the terms of use/agreement relating to the subject matter thereof, and no amendment, alteration, addition, variation or consensual cancellation will be of any force or effect unless contained and altered on the website.
 
  • The terms of use are conditional upon the customer accepting that no other terms or conditions, whether oral or written, and whether express or implied, apply.
 
  1. SEVERABILITY
 
  • In the event that any of the clauses of this agreement/terms and conditions are found to be invalid, unlawful or unenforceable, such clause(s) will be severable from the remaining clauses of this agreement/terms and conditions, which will continue to be valid and enforceable. If any invalid clause is capable of amendment to render it valid and enforceable to achieve the same objective as the invalid clause, the Parties agree to negotiate an amendment to remove the invalidity.
 
  1. NOTICES & DOMICILIA
 
  • The Seller hereby selects its domicilia citandi et executandi for the purpose of legal proceedings and for the purposes of giving or sending any notice provided for or necessary in terms of these terms and conditions, the following address –
 
  • The Seller: Standard Gifts (Pty) Ltd
Postal address: 67 Barney Simon Road, Newtown, Johannesburg, 2001
Email address: mbera@standardgifts.co.za
 
or such other address or telefax number as may be substituted by notice given on the website as required. The Seller will be entitled from time to time to vary its domicilium by written notice on the website to any other address within the Republic of South Africa which is not a post office box or poste restante.
 
  • Any notice addressed to the Seller/Purchaser at its physical or postal address will be sent by electronic mail.
 
  • A notice will be presumed, unless the contrary is proved, to have been given -
 
  • if sent by Electronic mail, on the first business day following the date of sending of such Electronic mail.
 
  1. CONTACT DETAILS AND LOCATION – STANDARD GIFTS
 
STANDARD GIFTS (PTY) LTD
REGISTRATION NUMBER:
ADDRESS:  67 BARNEY SIMON ROAD, NEWTOWN, JOHANNESBURG, 2001
TEL: 011 838 0090
 
  1. OUR LEGAL TEAM
 
  • Yahya Ooni
LLB (WITS); PGDIP - Corporate Law (Wits); LLM – Business & Commercial Law (WITS)
MANAGING DIRECTOR
OONI & WADIA INC. ATTORNEYS
 
  • Aslam Wadia
LLB (UJ)
FOUNDING DIRECTOR
OONI & WADIA INC. ATTORNEYS
 
OONI & WADIA INC. ATTORNEYS - CONTACT DETAILS
TEL: 011 029 – 7003 | FAX: 086 552 3586