Introduction

Welcome to www.wrapistry.shop (the “Website”). This Website is owned and operated by Wrapistry (Proprietary) Limited (“Wrapistry”). By visiting our Website and accessing the information, resources, services, products, and tools we provide (the “Services”), you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as the “User Agreement”), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy for more information). Please read this User Agreement and the Privacy Policy carefully and should you have enquiries, please contact us at [email protected].

Changes to the User Agreement

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarise yourself with any modifications. Your continued use of the Services after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Registration and Use of the Website

By visiting our Website and using the Services, we may, either directly or indirectly, provide you with reports, information and/or marketing material in any form (hereafter referred to as “Resources”). You agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

As an unregistered user, you will be still be able to browse the Website and choose to make use of the Services offered on this Website. You hereby agree that you will be bound by this User Agreement in such circumstances. As part of the registration process, you will be required to provide a unique username and password and you may be required to provide certain information about yourself (such as identification, contact details, credit card details, delivery address etc.). You agree that any information you provide will always be accurate, correct, and up to date.

You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Website and the Services. Accordingly, you are responsible for all activities that occur under your account/s. You agree to notify Wrapistry 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.

By accessing the Website and/or using the Services, you warrant and represent to Wrapistry that you are legally entitled to do so and to provide the data required. You further warrant that all the details you have given are true and complete and that you are legally permitted to do so. You further warrant that you are over the age of 18 years or have the express consent of your parent/guardian.

Accessing (or attempting to access) any of our Services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services through any automated, unethical or unconventional means.

Engaging in any activity that disrupts or interferes with our Website and/or Services, including the servers and/or networks to which our Website and/or Services are located or connected, is strictly prohibited.

Attempting to copy, duplicate, reproduce, sell, trade, or resell our Website, Services and/or Resources is strictly prohibited.

You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorised activities conducted by you, as explained above, and may incur criminal or civil liability.

Conclusion of Sales and Availability of Stock

All orders placed are offers to purchase, which Wrapistry may accept or reject in their sole discretion, including depending on the availability of products, correctness of the information relating to the products (including without limitation the price) and receipt of payment or payment authorisation by Wrapistry for the products. Wrapistry will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

Placing products in a shopping cart without completing the purchase cycle does not constitute an order for such products, and as such, products may be removed from the shopping cart if stock is no longer available. Alternatively, Wrapistry may in its sole discretion substitute the unavailable product with an alternative comparable product of equal value. You cannot hold Wrapistry liable if such products are not available when you complete or attempt to complete the purchase cycle at a later stage.

Payment

We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology. 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 products. We shall not be liable to you in any manner and will not supply any products should we not receive payment.

Delivery

Wrapistry offers free delivery on most orders. Some items (heavy or large, based on volumetric weight) may carry additional delivery fees. All deliveries are done using door-to-door couriers to your chosen delivery address. Products purchased from a gift registry will be delivered directly to the bride and groom at the address supplied on registration or an alternative address provided by you to Wrapistry in writing.

Please ensure that there is a responsible person at your premises or venue, available to sign on delivery and collection of the products. For added convenience, orders may be collected from our offices located at 6 William Road, Norwood, Johannesburg, 2192.

Wrapistry delivers nationally to all major centres in South Africa. Should you require international delivery, please contact us on [email protected].

Refunds/Returns

Please inform our Wrapistry team within 30 (thirty) days from date of delivery or collection by you if you wish to return or exchange an unwanted product, provided the unwanted product is in its original condition and original packaging and provided the item you wish to exchange it for is in stock. We will collect the unwanted product from you at no charge. After 30 days, you can only return a product if it is defective within 6 months from delivery to or collection by you. Perishable items, such as food subscriptions, as well as gift cards and experiences which have been redeemed are final sale and cannot be cancelled or exchanged.

All returns are for a Wrapistry store credit for the original purchase price. These credits will be placed into your account. Store credits cannot be redeemed for cash or be applied towards items purchased from another website or cash gifts.

Virtual Exchanges/Returns on Registries

With regards to registries, we cannot guarantee the availability of a product at a later stage. Should a gift that was purchased from your registry become out of stock or discontinued, Wrapistry will compensate you with an item of similar value or Wrapistry store credit for the original purchase price of the gift. For items purchased off your registry, we will keep track of the gift originally purchased for you so you can still send an appropriate thank you note.

Gift Vouchers

Wrapistry gift vouchers are not redeemable for cash and will not be replaced if lost, stolen, destroyed or used without permission. The gift vouchers cannot be resold to or exchanged with a third party and can only be redeemed online at Wrapistry. A gift voucher credit will be placed in your account for a Wrapistry store credit and expires after 6 months from date of issue.

Cash Funds

Wrapistry shall pay the full amount contributed by the wedding guests towards the wedding cash fund less a 2,95% bank processing fee (“Cash Fund Amount”). The Cash Fund Amount shall be affected by way of an electronic transfer into a South African bank account nominated in writing by the wedding couple. The Cash Fund Amount shall only be applicable to and valid for Cash Funds and any other gifts purchased on the wedding registry may not be converted into a Cash Fund Amount.

Intellectual Property

All content and materials available on or in relation to the Website and the Services, including but not limited to text, graphics, domain name, code, images and logos, reports, data, information, trade marks as well as the Resources (the “Intellectual Property”) are the exclusive intellectual property of Wrapistry, and are protected by applicable intellectual property law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of the Intellectual Property or any part thereof is strictly prohibited, unless specifically authorised by Wrapistry.

We hereby grant you a limited non-exclusive and non-transferrable license to access the Website and use the Services and Resources only for the purpose for which it is intended. This license does not permit any of the following:

• resale or commercial use of the Website or its contents;

• collection and use of the content for any use other your own personal use;

• derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or

• any use of data mining, robots, or similar data gathering and extraction tools.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website and Services with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Services we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Warranties

Wrapistry makes no representations or warranties of any kind, express or implied, as to the operation or correctness of the Website or the information, content, materials, and/ or products and Services included on the Website. You expressly agree that your use of this Website is at your sole risk.

To the full extent permissible by applicable law we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services and Resources will be legally binding nor that they will be accepted in any legal forum, including in any South African Court.

We further do not warrant that the Website, its servers, or e-mails sent from us are free of viruses or other harmful components. We will not be liable in any way for any damages of any kind arising from the use of this Website and forums, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Neither Wrapistry, nor our directors, employees, officers, suppliers, service providers or subsidiaries, make any representations or warranties of any kind (including but not limited to express or implied representations or warranties), as to the operation of the Website, the provision of the Services, including the Resources, or the information, content, materials, or products included on the Website). You expressly agree that your use of the Website and the Services is at your sole risk.

In no event shall our directors, employees, officers, service providers or subsidiaries be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the use of the Website, the Services, the Resources or the User Agreement (howsoever arising, including but not limited to negligence).

Indemnity

In addition to any other indemnities provided in this User Agreement, you hereby unconditionally and irrevocably indemnify Wrapistry, our affiliated companies, officers, agents, directors and employees and agree to hold us free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by us or instituted against us for infringement of any right, whether the claim or action arises from delict or contract, or any infringement of whatsoever nature, arising out of or pursuant to the exercise by you of your rights or the fulfilment or breach by you of any of your obligations under this User Agreement or any other requirements that we may impose from time to time, including, without limitation, all loss, damages, claims and/or costs suffered or incurred by us or instituted against us as a direct or indirect result of your use of the Website, Services and/or Resources and such indemnity shall extend to the reasonable costs that may be incurred by us in defending any action instituted against us.

Your use of the Website, the Services, the Resources and/or your customer profile is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof. We do not accept liability that may arise in connection with the uploading, reproduction, display, use, distribution or sharing by you of your customer profile.

Wrapistry, our affiliates, shareholders, directors, agents, consultants or employees shall not be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the access to and/or use of, or the inability to access or use, the Website, any personalised item and/or any linked website, the content thereof, any functionality thereof or information contained therein, even if we know or should reasonably have known or are expressly advised thereof.

Governing Law

This User Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the User Agreement or any matter related to or in connection therewith.

This User Agreement and our Privacy Policy, set out the entire agreement between yourselves and us related to the subject matter hereof, and supersedes any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.

Other Legal Notices

Wrapistry shall be entitled to make use of all the data you provide for purposes of providing the Services offered through the Website. Wrapistry shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of this User Agreement.

All provisions of this User Agreement are, irrespective of the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of this User Agreement which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatsoever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be excluded from the agreement between us and the remaining provisions of this User Agreement shall remain in full force and effect.

Should Wrapistry be prevented from fulfilling any of its obligations to you as a result of any event outside the control of Wrapistry, then those obligations shall be deemed to have been suspended to the extent that, and for as long as, Wrapistry is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding event. In the event that such event continues for more than 14 (fourteen) days after it has first occurred, then Wrapistry shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of this User Agreement by giving notice to you. An event outside of the control of Wrapistry shall mean any event or circumstance whatsoever which is not within the reasonable control of Wrapistry including, but not limited to, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement or any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage or transport facilities.

Disclosures required in terms of section 43 of the Electronic Communications and Transactions Act 25 of 2002:

Full Name: Wrapistry (Proprietary) Limited

Physical Address: 6 William Road, Norwood, Johannesburg, Gauteng, 2192

Telephone No: 076 369 1694

Website Address: www.wrapistry.shop

Email Address: [email protected]

Registration No.: 2015/024760/07

Country of incorporation: South Africa

Last Edited: 14/03/2019