Terms and Conditions

DEFINITIONS & MEANING OF TERMINOLOGY USED

The terminology and definitions underneath will have the same meaning everywhere else where it appears. Any words written in inverted commas, means it is a definition of a term which will mean the same in this Terms and any other informational documents on our Website.

• “You”, “Your” or “Our Customer” means you as a person or individual who purchase our Products in your personal capacity.
• “SB” or “Spotted Box” means Spotted Box (Pty) Ltd, (Company Registration No 2022/215362/07), a limited liability company incorporated in terms of the laws of the Republic of South Africa.  Our registered address is located at 7 Gladstone Street, Midstream, Gauteng, 1692 with postal address Postnet Suite 182, Private Bag X1028, Lyttleton, Gauteng, 0140.

  Our registered address is also the physical address for receipt of any formal or legal notices or documents. Delivery will only be valid if a copy of all or any such communication must simultaneously be transmitted to admin@spottedbox.co.za by e-mail. The actual date of receipt shall be deemed to be the physical delivery date unless an electronic formal receipt is issued by SB at their elective.

• Our website is registered as www.spottedbox.co.za. Any communication or complaints may be directed to admin@spottedbox.co.za. Our website is a true reflection of our main business which includes but are not limited to the supply of unique gifts with a South African twist. We provide our services in our on-line shop as per our Terms and Conditions.  We confirm that we comply with the requirements of an electronic transactional entity as per the Electronic Communications and Transactions Act 25 of 2002.
• “ECTA” means the Electronic Communications and Transactions Act 25 of 2002 as amended and in as far as it might apply to any on-line shop or services for these purposes, the Terms contained in this Agreement is binding and enforceable against all Parties.  For purposes of disclosure in accordance with Section 43, we confirm that all the details as listed in 2.2 above to be true and correct.
• “CPA” means the Consumer Protection Act, No 68 of 2008.  Our Terms apply to all clients who are consumers for purposes of the Act.  If you are unclear or do not understand our Terms, it is your responsibility to ask for clarification on any of our terms before placing your Order.
• “VAT” shall mean value added tax payable as required in terms of the Value Added Tax Act, number 89 of 1991, as amended. As such, SB is not registered for VAT.
• “Privacy Policy” means SB’s privacy policy as published and updated on our website at www.spottedbox.co.za which outlines how we collect, handle and deal with your personal or company information and handling of data.  If you are unclear about any of its terms, it is your responsibility to ask for clarification.  We respect your confidentiality and privacy and will handle and protect your information to the best of our ability. Any complaints or requests for additional info must be addressed to admin@spottedbox.co.za.
• “Products” or “Goods” means the actual Products advertised on-line on our Website. Each will be clearly distinguishable as one singular Product or a group of Products which may be referred to as a package, series, or displayed with a clearly identifiable name. Pricing for each Product or a group of Products, will always be published next to, underneath or on top of the virtual image of each Product. If it is sold as a package, series, or promotional package, it will be clearly indicated next to the items.
• “Branding” or “Branded content” means all or any uniquely identifying trademarks associated with our specific business and includes our trade name, service marks, slogans, designs, marketing video’s, product images, labels, logos, website, social media pages, stickers, and branded images on which our brand name appears, packaging and any other source-identifying symbols and intellectual property rights, owned by us.
• “Intellectual Property Rights” means all our trade secrets, designs, trademarks, mask work rights, patents, moral rights, and other intellectual property rights which belong to us in respect of our Products and Branding.
• “Order” means the collective or singular Products as selected on our Website and paid for. The Order will consist of such Products as selected by you by clicking an “add to cart” or “check out” button. It will only become an official Order once you have paid for the Products as ordered through the Payfast shop portal. No Order will be processed on our side unless we have received notification that the transaction was successfully processed and cleared.
• Calculation of Days: Any reference to number of days shall be business days excluding the first day and including the last day. A business day means any day excluding Saturdays, Sundays, and public holidays.
• “Governing law” means the law that shall be applied in terms of the validity, interpretation, respective rights and obligations of all parties and any other legal matters related to this Agreement which shall be determined in accordance with the laws of the Republic of South Africa.
• “Force Majeure or vis major events” means a superior force or event or circumstance beyond the control of the parties. Due to such an event contractual performance is made impossible and beyond the reasonable control of either party.  This includes but is not limited to any strikes, riots, fires, storms, epidemics, pandemics, quarantines, blockades, war, act of terrorism, natural disasters, failure, or diminishment of power.
• “Delivery confirmation” or confirmation e-mail issued by our courier service, means the bar-coded scan-in that the courier-service does when delivering an Order. It might be a physical signature if delivery takes place in rural areas. A delivery mail, text (sms or whatsapp) or any other electronic confirmation for purposes of record of delivery shall be accepted as sufficient proof of Order delivery. It will also be accepted formally as the date of delivery for all legal intents and purposes.