(PLEASE READ THE TERMS AND CONDITIONS OF USE BEFORE CONTINUING TO BROWSE THE WEBSITE)
THE USE OF THIS WEBSITE IS GOVERNED BY THE TERMS AND CONDITIONS STIPULATED BELOW. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS, INCLUDING ANY PRIVACY POLICY AND STATEMENT AND RETURNS AND REFUNDS POLICY (WHICH ARE DEEMED TO BE INCORPORATED IN THE TERMS AND CONDITIONS) THAT APPEAR ON THIS WEBSITE INCLUDING ANY AMENDMENTS THERETO.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MUST IMMEDIATELY CEASE BROWSING THIS WEBSITE.
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
• may limit the risk or liability of WishBowl; and/or
• may create risk or liability for the user; and/or
• may compel the user to indemnify WishBowl or a third party; and/or
• serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or WishBowl in terms of the CPA.
WishBowl permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
WARNING – CHILDREN SHOULD ALWAYS BE UNDER ADULT SUPERVISION. DO NOT TIE A PACIFIER AROUND CHILD’S NECK AS IT PRESENTS STRANGULATION DANGER.
- Definitions and Interpretation
1.1. “WishBowl” means WishBowl (Pty) Ltd, a Private Company duly registered in terms of the laws of the Republic of South Africa.
1.2. “You” or the “user” means any person who accesses this Website for any purpose.
1.3. “Website” means the Website of WishBowl at URL www.wishbowl.co.za or such other URL as WishBowl may choose from time to time. - Registration and Use of the Website
2.1. Only registered users may order Goods on the Website.
2.2. To register as a user, you must provide a unique username and password and provide certain information and personal details to WishBowl. You will need to use your unique username and password to access the Website in order to purchase Goods
2.3. You agree and warrant that your username and password shall:
2.3.1. be used for personal use only; and
2.3.2. not be disclosed by you to any third party.
2.4. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
2.5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
2.6. You agree to notify WishBowl immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
2.7. By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
2.8. You agree that you will not in any way use any device, software, or other instruments to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic devices, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised WishBowl representative (such consent is deemed given for standard search engine technology employed by Internet search Websites to direct Internet users to this Website).
2.9. You may not use the Website to distribute material that is defamatory, offensive, contains or amounts to hate speech, or is otherwise unlawful.
2.10. You may not in any way display, publish, copy, print, post, or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised WishBowl representative. - Use Subject to these Terms and Conditions
3.1. Your access, browsing, and use of this Website are governed by these Terms and Conditions. By accessing and browsing this Website you agree that you will be bound by these Terms and Conditions from the time when you first access this Website and to any amended Terms and Conditions from the first time that you access the Website subsequent to amended Terms and Conditions becoming effective.
3.2. If you do not agree to these Terms and Conditions, you must immediately cease your browsing of this Website.
3.3. These Terms and Conditions include WishBowl’s Privacy Policy and Statement, governing WishBowl’s processing of any personal information which may be provided to it through the use of this Website. WishBowl’s Privacy Policy and Statement may be accessed and read on WishBowl’s Website at www.wishbowl.co.za.
3.4. Due to legal and other developments, WishBowl may amend these Terms and Conditions. The version of the Terms and Conditions effective for this Website is indicated by the effective date incorporated in the title of these Terms and Conditions. It is your duty to remain appraised of the current version of these Terms and Conditions. The date indicated in the heading of these Terms and Conditions is the effective date that governs the browsing and use of this Website from that date until the next revision of these Terms and Conditions becomes effective.
3.5. By continuing to browse or use the Website after any amended Terms and Conditions become effective, you agree to be bound by the amended Terms and Conditions. - Content
4.1. All information accessed or browsed using this Website is provided “as is”.
4.2. While WishBowl shall endeavour to ensure that all material published on the Website is accurate at the time of its publication, it gives no warrantees as to the accuracy of the information and the information does not represent legal advice. Your use of the information is entirely at your own risk and no liability will arise against WishBowl resulting from your browsing the Website or using the information provided on the Website.
4.3. WishBowl does not warrant that this Website or the delivery, hosting, and ancillary services or facilities of third-party suppliers utilised by WishBowl will continue to operate, will operate without interruptions, or will be error-free, or that it will be free of any software virus or other harmful component.
4.4. You will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data caused as a result of any use of this Website. - Third-Party Sites
5.1. The Website contains hyperlinks to websites owned and/or operated by third parties. WishBowl is not responsible for the content of such websites and does not endorse or approve the contents thereof. The fact that a website is linked to WishBowl’s Website does not imply that WishBowl sponsors, endorses, or is affiliated or associated with the entity that owns or is responsible for the Website. Consequently, WishBowl is not liable for the operation and content of any third-party websites that may be linked to this website (regardless of whether or not a link has been permitted by WishBowl). - Intellectual Property
6.1. Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source, and/or object code, and all other works contained in this Website is owned by WishBowl, which asserts and reserves all of its rights in this regard. Access to or use of this Website will not in any way result in an assignment or license of any intellectual property owned by WishBowl or any other party.
6.2. The contents of this Website may not be transmitted, transcribed, reproduced, stored, or translated into any other form without the prior written permission of WishBowl. However, WishBowl permits you to display the content of this Website on your computer and to print, download and use the underlying HTML, text, graphics, audio clips, video clips, and other works available to you on this Website provided that:
6.2.1. this is for your personal education or your own professional business with respect to the practice of law or the provision of legal services;
6.2.2. you do not modify the content of this material;
6.2.3. WishBowl Website is the acknowledged source including the reference www.wishbowl.co.za and
6.2.4. this permission may be revoked at any time by WishBowl.
6.3. No other use of this Website is permitted. Without restricting the generality of the foregoing, you may not make commercial use of the content of this Website, include the content of this Website in or with any product that you create or distribute, or copy the content of this Website onto your own or another’s Website, without the prior written consent of WishBowl. - Conclusion of Sales and Availability of Stock
7.1. Registered users may place orders for Goods, which WishBowl may accept or reject. Whether or not WishBowl (accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price), and receipt of payment or payment authorisation by WishBowl for the Goods.
7.2. WishBowl will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and WishBowl come into effect (the “Sale”). This is regardless of any communication from WishBowl stating that your order or payment has been confirmed. WishBowl will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid, subject to reasonable reductions for bank charges and administration fees.
7.3. Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns and Refunds Policy.
7.4. Placing Goods in a Wishlist, Shopping Basket, or Cart without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket or cart if stock is no longer available or the price thereof might change without notice to you. You cannot hold WishBowl liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
7.5. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by WishBowl, WishBowl 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 Goods are no longer available after you have placed an order, WishBowl will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
7.6. Certain Goods may not be purchased for resale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you. - Payment
8.1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
8.2. All WishBowl payments can be made for Goods via –
8.2.1. Payfast
8.2.2. Debit Card;
8.2.3. Credit Card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
8.2.4. Direct Bank deposit or Electronic Funds Transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. WishBowl will not accept your order if payment has not been received;
8.3. You may contact us via our Contact Us page to obtain a full record of your payment. We will also send you email communications about your order and payment.
8.4. Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods. - Delivery of Goods
9.1. WishBowl has different methods of delivery of Goods to you via courier. Our delivery charges are subject to change at any time, without prior notice to you, so please contact us via our Contact Us page for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out. If need be, a representative will get back to you with a courier fee best applicable to your purchase.
9.2. Where it accepts your order, WishBowl or the Third-Party Seller will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
9.3. WishBowl’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. WishBowl is not responsible for any loss or unauthorised use of a product after it has delivered the product to the physical address nominated by you. - Linking, Framing, and Crawling
10.1. The prior written authority of WishBowl is required before any hyperlink is created. Authority, if granted, will be subject to the condition that the party linking to this Website alerts users to the application of these Terms and Conditions.
10.2. Permission to link to this Website will be granted strictly without the assumption of any liability on the part of WishBowl. WishBowl reserves the right to withdraw permission granted to link to this Website at any time at the entire discretion of WishBowl’s Information Officer.
10.3. The prior written authority of WishBowl, which may be subject to Terms and Conditions, is required before this Website, any of its pages, and/or any of the information contained on the Website is framed. Requests for authority can be emailed to lindie@wishbowl.co.za.
10.4. Save for the use of a bona fide search engine and the search facility provided on the Website for users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Website for any purpose without the prior written consent of WishBowl. Any attempt to do so, whether successful or not, is an offense. - Security
11.1. Any person who in any manner interferes with the data or information displayed on this Website in any way which causes it to be modified, destroyed, or otherwise rendered ineffective or inaccurate, acts contrary to the provisions of the Electronic Communications and Transactions Act 25 of 2002 and is guilty of an offense.
11.2. Any person who in any manner interferes with any third party’s access to this Website or denies access to the Website, whether partial or absolute, is guilty of an offense in terms of the Electronic Communications and Transactions Act 25 of 2002.
11.3. Any attempt to commit or aid and abet someone in the commission of the offenses referred to in 11.1 and 11.2 is guilty of an offense in terms of the Electronic Communications and Transactions Act 25 of 2002.
11.4. WishBowl will, as it may be advised, cause the prosecution of any person who is guilty of an offense relating to the contravention of any of the terms herein referred.
11.5. WishBowl will, as it may be advised, institute appropriate action to obtain relief against the perpetrator of the actions contemplated in 7.1, 7.2, and 7.3, with a view to recovering any damages that it may suffer and to protect WishBowl Website against defacement, unauthorised amendment of content and disruption of the use of the Website.
11.6. While WishBowl will take appropriate security precautions to protect the Website against abuse by third parties, by accessing and browsing this Website you accept that no liability will lie against WishBowl for any damages caused to you by the malicious interference with the operation of this Website, and/or any destructive data or code that may be communicated to computers or information systems used by you as a result of your access and browsing of the Website. - Personal Information
12.1. The processing of all personal information by WishBowl is governed by WishBowl’s Privacy Policy and Statement.
12.2. Any personal information which may be provided to WishBowl through this Website will be processed in accordance with the Protection of Personal Information Act (POPIA) 4 of 2013. Details of the processing of personal information are contained in WishBowl’s Privacy Policy and Statement. The processing of personal information which may be collected through interactive
communications facilitated by this Website, are subject to the Privacy Policy and Statement published on this Website. - Returns and Refunds Policy
13.1. Please refer to our Returns and Refunds Policy for more information about returning products (and related refunds, replacements, or repairs). - Errors in the Description of Goods
14.1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price, and delivery charges of Goods on the 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 Returns and Refunds Policy. - Gift Vouchers and Coupons
15.1. WishBowl may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of WishBowl Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.
15.2. Gift Vouchers
15.2.1. Gift Vouchers that are purchased by registered users are valid for 1 (one) year after the purchase of the gift voucher. Gift Vouchers that WishBowl gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
15.2.2. Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased or otherwise obtained. If your Gift Voucher value is less than the amount required to cover the full order you wish to place, you may make up the difference by paying via one of our other payment methods.
15.2.3. WishBowl is not responsible for any harm due to the loss, unauthorised use, or unauthorised distribution of a Gift Voucher after it has delivered the Gift Voucher to you or the email address nominated by you.
15.3. Coupons
15.3.1. There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100,00 (one hundred rands) off (“Fixed Coupon”), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon”).
15.3.2. Coupons are issued at WishBowl’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific Terms and Conditions regulating when and how they may be used.
15.3.3. As a general rule, and unless specified otherwise on the specific Coupon itself:
15.3.3.1. each Coupon can only be used once;
15.3.3.2. only one Coupon can be used per order;
15.3.3.3. only one Coupon can be used on the Website per person per promotion/campaign;
15.3.3.4. Percentage Coupons may only be redeemed on purchases with a total cart value of less than R 1’000,00 (one thousand rands);
15.3.3.5. where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
15.3.3.6. a Coupon must be used at check-out – it cannot be used later on existing orders; and
15.3.3.7. the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
15.3.3.8. Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. WishBowl is not responsible for any harm due to the loss, unauthorised use, or distribution of a Coupon.
15.3.4. You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by WishBowl before you are able to use a Coupon. - Deals and other Discounted Goods
16.1. From time to time, we may offer certain Goods at discounted prices or any other temporary deal which are explained below (each a “Deal”). These will be subject to certain conditions which define the scope of the Deal. If you buy a product within the scope of a Deal, you will pay the discounted price for that product (the “Deal Price”).
16.2. However, if you buy a product in a manner that falls outside of the scope of a Deal, then you will pay the then-current (non-Deal) selling price on the Website (the “Normal Price”), for each product that falls outside the scope of the Deal.
16.3. For example: if you buy more than one product, you will pay the Deal Price for the first product, but the Normal Price for all products thereafter. Alternatively, if you buy a product in combination with any other products that together do not constitute a Bundle Deal, you will pay the Normal Price for all such products falling outside the scope of the relevant Deal. - Disclaimer and Indemnity
17.1. WishBowl expressly disclaims all liability for any direct, indirect, or consequential loss or damage occasioned by your accessing and browsing of the Website or your inability to access and browse this Website, or whether caused directly or indirectly by inaccuracies, defects, errors (whether typographical or otherwise), omissions, out of date information or for any other reason, even if such loss was reasonably foreseeable and WishBowl had been advised of the possibility of the loss occurring.
17.2. You agree to indemnify and hold harmless WishBowl, its servants, subcontractors, subsidiaries, and affiliates from any demand, action or application, or other proceedings, including for attorney’s fees and related costs such as tracing fees, made by any third party and arising out of or in connection with your use of or access, browsing or use of this Website. - Jurisdiction
18.1. These Terms and Conditions are governed by and construed in accordance with the law of the Republic of South Africa; you and WishBowl both agree to submit any dispute arising out of the use of this Website to the exclusive jurisdiction of the courts of the Republic of South Africa. - General
19.1. These Terms and Conditions record the entire agreement between you and WishBowl in respect of your access, browsing, and use of the Website.
19.2. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions which will remain in full force and effect.
19.3. WishBowl’s omission to exercise any right under these Terms and Conditions will not constitute a waiver of any such right unless expressly accepted by WishBowl in writing.
19.4. Notwithstanding the fact that hyperlinks in these Terms and Conditions to certain documents should be deemed part of these Terms and Conditions in terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, the fact that some or all of the hyperlinks may be non-operational, will not play a role in determination of the validity and interpretation of these Terms and Conditions.