TERMS & CONDITIONS
Welcome! In order to ensure that you our users have a safe and pleasant experience with us, it is important that you read and understand these Terms and Conditions. As you are bound by law to be aware of and to adhere to these Terms and Conditions when you access this website, buy from us or make use of any of the services offered by Plushie Heaven (Herein referred to as PH).
These terms represent an agreement between you, the person or entity accessing or using our website (http://www.plushieheaven.co.za), purchasing our products or making use of our services via these website. Throughout these Terms and Conditions “PH” refers to its owner, employees and affiliates. Also, throughout these Terms and Conditions the word “website” shall refer to the abovementioned PH website. This agreement between you and PH shall from here on out be referred to as the Terms and Conditions. By accessing the PH website and/or making use of any of the products and services offered you are deemed to have agreed to these Terms and Conditions.
Any waiver of rights by you or PH in terms of these Terms and Conditions must be in writing to be effective. No failure or delay on the part of PH in exercising any right under these Terms and conditions will be seen as a waiver of that right.
These Terms and Conditions do not constitute an agreement of employment, partnership, joint venture or agency between PH and you. Neither you nor PH has the power to make a contract in the name of the other or to grant or pledge credit, incur liability or employ any person on behalf of the other.
You may not cede or delegate any rights or obligations in terms of these Terms and Conditions without the prior written consent of PH.
Any amendment to these Terms and Conditions must be in writing and signed by you and PH.
PH have the right to alter these Terms and Conditions at any time at their own discretion without having to inform its users, and it is your obligation to check the Terms and Conditions in force at the time of your purchase and use of our website and services and you agree to be bound by the Terms and Conditions in force at that time.
Any notice given by either you or PH in terms of these Terms and Conditions must be in writing and delivered by personal delivery, express courier, confirmed facsimile or registered post. Any such notice will be deemed given upon personal delivery, two days after dispatch by express courier, upon confirmation of receipt of facsimile or seven days after dispatch by registered post. Notices will be sent to you at the designated address provided by you on the Website. Notices sent to PH must be sent to firstname.lastname@example.org / email@example.com . You and PH may change address or facsimile number for purposes of these Terms and Conditions by giving the other written notice of its new address or facsimile number.
PH may at any time change any/all of their details, banking details, addresses, contact numbers and email addresses at their own discretion at any time without prior permission from its users. You agree to check and ensure that you are utilising the correct details every time you access the website, purchase products or make use of any of our services.
If any provision of these Terms and Conditions is or at any time becomes invalid, illegal or unenforceable, then that specific provision shall be separated from the other provisions of these Terms and Conditions and the other provisions of these Terms and Conditions shall continue to be of full force and effect.
If any dispute or legal proceedings should arise in connection with any matters related to these Terms and Conditions, any services offered via this website or any if the products, you and PH consent to the jurisdiction of the Magistrate’s Court having territorial jurisdiction, notwithstanding that such dispute or proceedings are otherwise beyond its jurisdiction. This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the court pursuant to Section 45 of the Magistrate’s Court Act, 1944, provided, nevertheless, that you and PH shall have the right to institute proceedings in any other competent court.
These Terms and Conditions are the sole record of the agreement between you and PH and contain all of the provisions governing the relationship between you and PH, in relation to the purchase by you of the Items, access of the Website or use of Services via the Website or on a personal basis.
These Terms and Conditions will 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 laws.
STATEMENT OF PRIVACY
PH respects your right to privacy at all times. As such PH shall not divulge to any third party any information obtained from you and your use of our website or services to the extent that such information is not already in the public domain, unless required to do so by law.
PH reserves the right to release to third parties, in aggregate format, data pertaining to your use of any of the PH Services, products and website, provided that such data is released as statistical totals and does not contain any personal or sensitive information which specifically identifies a particular user of our website. PH also reserves this right in order to give any potential advertisers and other third parties statistical information regarding the number of users of our website, their age and gender profiles and their frequency of using the services, products and website.
Any Information provided by you when you create an account with us, make use of or enlist our services and/or place an order with us will be stored permanently to make the processing of any future orders or returns easier for all parties involved. The details that will be kept include: Customer Name, Email Address, Telephone Number, Physical Address, and any other details relating to the products or services you ordered (Name of product, quantity, price and serial numbers). Credit Card details, as other sensitive financial information will be stored.
PH cannot be held responsible for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributed, directly or indirectly to, but not limited to: Your reliance on or use of any information, suggestions, content or comments provided on or via the website or PH Personnel; any e-mails sent from PH personnel and the related website; any services provided by PH including those provided via this Website; any viruses that may infect your computer or other property due to your access to or use of this website; the use of any/all content, data or information provided on/via the website and PH personnel; any failure, delay or unavailability of the website, including any services offered via the website for any reason whatever; the failure or delay in supplying any of the services offered by PH personnel via the website; and the breach of any of these Terms and Conditions by you.
As a result you agree to indemnify PH, all its officers, members, employees, successors and assigns in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, but not limited to, any of the conditions mentioned above.
While we at PH make every effort to update the information provided on the Website on a regular basis, we make no guarantees or warranties, whether expressed, residual and/or implied in law, that the information contained and presented/ shown on this website is up to date, accurate, complete and reliable. PH reserves the right at any time to change or discontinue without notice, any aspect, feature or service offered via the website.
Any/all of the opinions, information, data or content contained presented/shown on these website are meant to be used for information purposes only, and are not offered or meant to be used as advice in any way. PH makes no representations whatsoever as to the accuracy, completeness or reliability of any such opinions, information, data or content.
You acknowledge and agree that PH has the right to check on and verify the identity of any person and/or persons, making use of these website, any/all services offered by and/or purchasing any PH products via this website or e-mail and the validity of any details provided when signing up, as well as their credit worthiness and history.
PH are entitled to withhold any order until it has verified the identity and details of the person signing up/placing the order. PH is also entitled to withdraw/decline an order should they have any discrepancies with the identity and/or any details that have been provided or discovered by the user/users.
You agree not to use any false e-mail addresses, impersonate any person or entity, or otherwise mislead as to the origin and worthiness of a credit card or your personal details, or attempt to do any such acts.
You acknowledge and agree that PH shall be entitled to check on and ensure that any communication sent to it by way of the Internet that comes from you is authentic. You agree that all instructions, orders, consents, commitments and any other communications sent to PH from you, which may for any reason whatsoever be different from the details actually sent or given, or may not have been given by you at all, will be deemed to have been given and agreed to by you in the way it was actually received by PH and you will be bound by such details with no liability of whatever nature attaching to PH or any of its affiliates or employees.
You waiver any rights you may have or obtain against PH arising directly or indirectly from any loss or damage of any nature which you may suffer as a result of PH acting on instructions received or assumed to have been sent by you. You agree to and hereby indemnify PH against all and any claims, liabilities, losses, costs, fines, damages, and expenses incurred (whether directly or indirectly) by you, as a result of the fact that PH has acted on instructions sent by you, or assumed to have been sent by you.
Any external links that are / may be provided by PH for your convenience, do not represent any views or opinions of PH, their employees or affiliates in any way and are beyond the control of PH. As such you agree that when you make use of these external links and any opinions and information expressed on that site, that you do so at your own risk and cannot hold PH or any of its affiliates or employees responsible. Once you click on the external link you are bound by the Terms and Conditions enforced by that site.
PH cannot guarantee that the website will be available each and every time you attempt to access it or use any of the services made available to you, and reserves the right to suspend the operation of the PH website at any time and for any reason whatsoever.
You agree to be financially responsible at all times for your use of this website (as well as for any and every use of your account by others, including without limitation any person under the age of eighteen years).
Persons under the age of 18 years may only make use the services and products offered by PH via the website under the supervision of a parent or guardian. If you are of sufficient legal age to use the services and products offered via our website, you agree to supervise anyone under the age of 18 years, that makes use of the PH website and the services offered via these website under your name of account, and you will be bound by any legal and monetary obligations and liabilities that you may incur as a result of such use of our website and services.
If you are under 18 years of age, you may purchase PH Products and services only with the supervision of your parent or guardian. If you represent that you are of a sufficient age to legally purchase PH products via our website you will be bound by these Terms and Conditions, as well as, any legal obligations that you may incur as a result.
You hereby warrant and guarantee that every instruction and all information provided by you to PH shall be accurate, true and complete.
PH makes no guarantees, warranties, representations, statements (whether expressed, implied in law or residual) whatsoever regarding the website, any services or products provided via this Website or the suitability of any of the services and products for any particular purpose.
Due to the fact that PH provide certain services to you via the Internet, PH make no guarantees, nor give any warranties of any nature as to the availability of any communications network or systems of any third party on whom you or PH rely on to provide any of the services.
By entering your details or details that purport to be yours and by submitting those details, you represent that you have the required authority to enter into and accept these Terms and Conditions.
Purchase of Products
You agree, understand and accept that PH makes no warranties, representations, statements or guarantees, whether express, residual or implied, as to any of the PH products or services, including but not limited to the implied warranties of merchantability or fitness of these products or services for a/any particular purpose.
When you enter your personal details on this website, you are deemed to be bound by the Terms and Conditions in force at the time and especially by these Terms and Conditions that relate directly to the purchase of any PH products and services. You may not make use of, or purchase any PH products and/or services via this website should you not wish to be bound by these Terms and Conditions.
Please note that PH reserves the right to perform any credit-worthiness checks on you or any potential client, group or company, should we choose to do so. If PH finds or decides that you or any potential client, group or company are not sufficiently credit worthy, PH may either decline the order or require full payment of the Purchase Price or demand any other assurance from you before the products or services are performed, ordered or dispatched.
While PH makes every effort to ensure that the content of these website is accurate, PH makes no warranties, representations, statements or guarantees, whether expressed, residual or implied, as to the accuracy, completeness, timeliness, reliability, content or availability of any information provided on the website.
You agree that PH shall not be liable, under any circumstances, for any loss, liability, expense or damage, (whether direct, special, indirect, incidental or consequential) that may arise as a result or in connection with the purchase, use or supply of any of the products, services or the use or reliance upon any information that has and will be provided on this website.
Any PH products and services that you purchase or make use of and that PH sells to you are those that you have chosen by clicking on the ’Add to Cart’ link and which are then listed under the heading “Items” in your Shopping Basket. This includes those products and/or services that you have requested via e-mail, contacted us personally about and signed on for.
The South African Rand is (for the time being) the preferred currency used by PH in the purchase of all our products and services. The total amount due by you, which include delivery charges, to PH will be indicated under the heading “Total”. The total amount due will only be finalized once the order has been updated to the "Shipped" or "Awaiting Collection" status.
All PH products and services are subject to the availability of these products from our suppliers, as well as, any relative locations, devices or vehicles needed to fulfil these services and deliveries.
You may pay the purchase prices, delivery costs, and/or any other cost incurred by you for any reason whatsoever through one of the following method: EFT.
We do not accept cheques, Postal Orders and Cash Deposits. A fee will be charged for any payments made by these methods, and your order will not be dispatched and/or services will not be fulfilled until these fees are paid in full.
You also agree that the payment of the total Purchase Price (including delivery) must be made in full before the products you have ordered are delivered to you to the address you have specified. As such you agree that PH reserves the right to not release or deliver any/all products requested until it has received full payment of the Purchase Price and Delivery fee.
Please send proof of payments to firstname.lastname@example.org / email@example.com so that we can track your payment. Your order will be processed strictly once your payment reflects in our bank account.
All pricing subject to change without notice. E&OE. When placing your order with PH, a representative will confirm pricing and stock availability before providing you with an invoice for payment. Should there be a price change, your order will be updated accordingly, so that the change reflects on your invoice, and you will be notified of this change.
Products are also subject to availability, and should a product that you ordered be out of stock, this will also be communicated with you before we issue you an invoice.
Any preorders placed with PH are only secured once payment has been received, and reflect in our bank account. Payments on preorders must be made within 5 working days of the date of the invoice. Unpaid orders will be cancelled by PH.
All pricing subject to change without notice closer to the release date. E&OE. When placing your preorder with PH, a representative will confirm pricing closer to the release date of the product. Should there be a price change, your order will be updated accordingly, so that the change reflects on your invoice, and you will be notified of this change, and any difference in price will be refunded / paid in by you before the product is released for delivery.
All images may differ from the final product.
Release dates are subject to change without notice.
Only PH accepts returns as specified below. PH will not accept returns for any reason whatsoever.
Under no circumstances will a refund be granted.
These Terms and Conditions govern the sale via our website of all PH products and services. Should any/all of these products not suit your needs, or if we do not have a product that you would like, please feel free to contact PH and we will be glad to consider your request or help you in any way we can, but we do not under any circumstances make any guarantee that we can meet these requests or help you.
When requesting or purchasing a product or service from PH it must be done by means of submitting an order via our online store. Once your order has been accepted by you, the client, by clicking on “I Confirm My Order”, you will agree that you cannot withdraw from or cancel the order, as well as, any details thereof. No changes may be made to the order without the prior written consent of PH and its employees, and until both parties have agreed to it.
PH makes no promises that any stock that you have ordered will be delivered on time or within the agreed upon time (made either verbally, in writing or on the invoice) from our suppliers and we make no promises that we will be able to get a product that you are looking for or have specially requested. As such you agree that PH hold the right to, at their own discretion, cancel or decline any request, special request or order, based on not being able to get any of the requested products within a specified time, a time deemed suitable by us, or by any other reason deemed necessary by PH.
Please note that should no one be present at the designated delivery address to collect the items or services, you will still be charged accordingly for the cost of the delivery, the time involved, as well as any other costs incurred in having to deliver again.
PH only delivers within South Africa. PH will only deliver the products and services to the address that you have specified as the correct delivery address when you placed your order. Should you wish change or correct the delivery address, please make sure that you do so at least 48hrs before your delivery is due to be delivered.
You agree that you cannot change the delivery address 24hrs before it is due to be delivered, and that PH cannot be held responsible if your products have been delivered to the wrong address, if you have made no effort to change the delivery address before the 48 hour deadline.
If you live outside of the designated delivery area and wish to purchase products or services, please contact us personally, and we will see what we can do to assist you. However, PH do not make any guarantees whatsoever that we will be able to fulfil your request. If it should arise that we are able to assist you, you agree to cover any extra or above normal delivery costs involved in getting your products and services to you.
You agree that PH cannot be held responsible for any typographical errors made by yourself or any other person/s using your account, especially with regards to your personal details, payment details and delivery address. As such you agree to indemnify PH and its employees against any loss, damage, injury or costs incurred as result of any typographical errors made by you or PH.
PH will make every reasonable effort to ensure that any products and services that you have ordered, reach you at your specified destination on time. However, PH cannot and does not warrant or guarantee that delivery will occur within the time requested or the times indicated on the invoice.
You agree to pay any delivery fees necessary to have the products or services you have ordered delivered to you. These delivery fees are determined by our selected courier services. You agree that PH may at their own discretion, at any time and without prior warning increase, decrease or change the costs of any of our products and services, including their delivery costs, at our own discretion, due to ANY external factors, such as, but in no way limited to: toll gates and petrol price increases, that may affect us and our prices.
Should you wish to collect the order you have placed, you may do so by selecting the A.I. Fest carrier in the check out process of placing your order. You are then required to collect your order from the next A.I. Fest event after your product is available for collection. You are required to ensure when the collection times will be, and the address of the event by checking on the A.I. Fest website (www.ai-fest.co.za) or by contacting the PH staff (firstname.lastname@example.org / email@example.com). The PH staff will however notify you via email of the date and time and address for the collection. Please bring a copy of your invoice and your original barcoded ID in order to collect your order. Even though this method is described as a “collection”, all the Terms and Conditions relating to Deliveries hold for these collections from the A.I. Fest carrier.
You indemnify PH, its officers, members, employees, successors and assigns from any liability, loss or damage (whether direct, special, indirect, incidental or consequential) resulting from any claim, complaint, dispute, proceeding or cause of action against any of them related to the Services or any other Products, including without limitation their purchase, delivery, late delivery, non-delivery, or use.
Should you not fully pay the Purchase Price or delivery fees for the products or services you have requested, you agree to be held liable for all collection costs incurred by PH including, but not limited to, all reasonable attorney and collection agency fees.
Blogs / Forums / Product Comments
You agree to use the PH website and blogs / forums / product comments in accordance with these Terms and Conditions, and to use it, without exception, for lawful purposes only. You are prohibited from posting on or transmitting through our website or blog or forums any unlawful, harmful, sexually explicit, vulgar obscene, threatening, abusive, defamatory, harassing, profane, hateful, racially or any otherwise objectionable material of any kind whatsoever, including but not limited to, any material or information that would encourage, or be seen to be encouraging any form of conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law.
Any conduct by you, or any other persons, group or company that in any way restricts or inhibits any other user from using or enjoying this website will not be permitted.
You also agree to properly consider and respect the rights, privacy and dignity of others and are prohibited from discussing any topic that is, or would under any circumstance be seen to be questionable, objectionable or inflammatory to others. These include, but are not in any way limited to topics such as politics and religion.
PH reserves the right to at any time and at our own discretion ban, edit or refrain from posting any comments made by our users.
The PH blogs, forums or product comments are meant for suggestions and commentary by our users only. It is not under any circumstances to be considered or used by any one person, group or company as a means of advertising on any subject, and especially for profit in any regard or for any reason whatsoever. As such you, as well as any group of persons and companies are prohibited from using the PH blogs, forums or product comments to advertise, to perform or to promote any products and/or services provided by you, any other group of persons or any other company, other than those offered by PH, without prior written consent of the owner of PH.
When you post on our blog, forum or website, you agree to give PH non-exclusive, royalty-free license to make use of, publish, broadcast and reproduce any/all of your comments, ideas and suggestions without exception in any medium we choose, in any way we choose and for any purpose whatsoever. This includes, but is no way limited to, the right to create derivative works of, and to use the content posted on the PH website, blogs or forums to help develop, enhance, distribute, and market PH products and services.
You agree that PH cannot be held responsible for any of your submissions, blogs or responses from PH. Any product concepts, ideas, images or statements and/or suggestions of any kind and in any way submitted, or deemed to be submitted by you to PH will be considered the property of PH and not you.
PH will not be held responsible for any claims to ownership, royalties, license fees or any other intellectual property claims if those concepts or ideas, images, statements and suggestions should we choose to and actually use them in promotions, marketing or products.
You also guarantee that any/all content posted by you is your original work in which you own the copyright, or have been granted permission to use, and that the use of such content does not in any way violate or infringe on the copyright, registered trademark or intellectual property rights of a third party. Should you breach the copyright, registered trademark or intellectual property rights of any third party, you agree to defend, indemnify and hold PH, and its affiliates, officers, directors, employees, agents, successors and assigns, harmless from any claim or demand (including reasonable attorney’s fees and costs) and dispute, made by any third party as a result of, but not limited to, any content posted by you on the PH website, blogs or forums, your violation of the intellectual property rights of others, or your violation of these Terms and Conditions.
When filling out the registration form you agree to provide the most complete and accurate information only, and to update it whenever necessary. PH reserves the right to suspend or terminate your account and the right to post on our website, blogs or forums if the information you have provided is, or is in any way or by any means deemed to be incorrect.
PH makes no warranty, expressed or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any content posted on our blogs, as well as, any specific commercial products, process, or service by trade name, trademark manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favouring by PH. All views and opinions of the authors expressed in the blogs are the writer’s own and do not necessarily state or reflect those of PH.
You agree that PH and its affiliates, officers, directors, employees, agents, successors and assigns shall not be held liable for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits (even if they have been advised of the possibility of such damages), as a result of, or resulting from the use of the PH website, blogs or forums.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
The PH website is for your personal and non-commercial use only. The trademarks, names, logos and service marks that pertain to PH displayed on this website is registered and unregistered Trademarks of PH. Consequently, all copyrights and intellectual property rights in all the materials made available through our website are owned by PH respectively, who is the lawful user thereof and is protected by both South African and international intellectual property laws. Nothing contained on our website must/can be seen and considered as granting any permission, license or right to use any of the Trademarks without the prior written permission and consent of PH and its affiliates. As such any unauthorized copying, reproduction, re-transmission, distribution, dissemination, sale, publication, or other circulation or exploitation of such material as aforesaid or any component thereof will constitute an infringement of such copyright and other intellectual property rights. Other trademarks, names, logos and service marks used are the property of their respective owners.
You agree that the designs of any and all posters, fliers, pamphlets, website, adverts, logos and anything of this nature made, created and distributed by PH, as well as the posters, fliers, pamphlets, website, adverts and logos themselves are copyrighted and trademarked and belong solely to PH. They may not under any circumstances or by anyone, group or company be duplicated in any way for your/their own personal use or any other use whatsoever.