Legal
Shipping and Delivery
1. All products ordered will be subject to a standard courier charge.
2. Our standard courier fee if or one item is (R XXXX.) (still to confirm the amount)
3. Courier fees are subject to change depending on your location and the amount of bags you order.
4. We utilise services of a courier company to deliver our products.
5. All packages are tracked and a tracking number is provided to you after dispatch.
6. If the courier is unsuccessful in his/her attempt to deliver the ordered goods and the order is returned to us, you will be charged an additional handling fee.
Product Returns Policy – South Africa
1. We quality check each of our products and goods before shipping or delivering to you, as it is important that you are happy with your purchase. However, if should any of our products contain any manufacturing faults, you may exchange or obtain a refund.
2. Our products are handmade which means that each product will be different. As with most natural materials, cork fabric is organic and contains variances and imperfections in both texture, colour and appearance. These are not flaws or faults (and are NOT the basis for return) but only serve to enhance the unique look and add to the character of your “Bags by Della” product.
3. Please note that our bags are all handmade and therefore size can differ. We do our best to create consistent sizes but variation is possible.
4. We undertake to replace any product delivered to you that has a manufacturing fault. Faulty products do not include wear and tear, damage due to incorrect use or damage caused after shipping our products to you.
5. If you wish to return a faulty product, you must notify us in writing via email within FIVE (5) DAYS of delivery, which notice must contain your name, contact number and product purchased.
6. You will be requested to send a picture of the faulty/section so that we can fully understand that issue.
7. The customer further accepts that we may, at our own discretion, decide to repair rather than replace goods that are found to have any faults.
8. Notwithstanding the above, we reserve our right to refuse any exchanges or returns of faulty goods.
9. We reserve the right to charge the cost of the courier to your own account. Product Returns Policy – International
10. We are unfortunately not able to facilitate international returns due to Customs restrictions.
11. We ask that you look carefully at the product before you make your purchase. If you have any questions you are welcome to contact us via email – info@bagsbydella.co.za
Warranties – South Africa only
12. We are proud of the quality cork fabrics we use and our workmanship.
13. If there are any faults in our products we will repair and if not repairable then we will be happy to replace the product at our expense. This should be within a THREE (3) MONTH period.
14. Please note that damaged/flawed product/s as a result of wear and tear, or incorrect usage of the product/s, will NOT be considered for repair or replacement.
15. Please contact us in writing via email, in which the notice must give your name, your contact number, the product purchased with a brief description of the damage/fault of the product, and a picture of the faulty product or section.
16. We reserve the right to charge the cost of the courier to your own account.
WEBSITE TERMS AND CONDITIONS
In these terms and conditions, “we” “us” and “our” refers to Bags By Della. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Product Orders
1. All payments are completed by PAYFAST. A secure payment method. Our terms of payment are set out in the order page. Products are listed in South African Rands, and PAYFAST provides up to date currency conversions from any currency.
2. We aim to complete orders within FIFTEEN(15) BUSINESS DAYS after receipt of payment. However this may not always be achievable due to circumstances beyond our control.
3. Goods shall remain the property of “Bags by Della” until payment has been received in full and proof of payment is available.
4. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
5. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and payment details depending on method of payment. We undertake to take due care with this information and store it safely; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
Product Descriptions
6. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
7. Images have been provided for illustrative purposes only. We do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
Availability
8. We endeavor to ensure that our product list is current. However we give no guarantee as to the availability of any product advertised on our website.
Order Cancellation Due To Error
9. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction and you will be entitled to a refund of the amount paid by you for such products.
Orders
10. Should we NOT have a product of your choice in stock and should the note on the product and shop page confirm the same you are welcome to ORDER and we will manufacture your selection, subject to our confirmation and availability thereof.
11. There is a lead time of approximately FIVE (5) WEEKS for orders. The website will clearly guide you through the purchase process. The same payment terms apply.
12. Please note the lead time for the actual delivery of your product via courier is over and above this.
Shipping and Delivery Policy
13. Delivery of your ordered product/s will be as set out on our website. Title of the goods passes to you when we have received payment. Our terms are set out on the shipping and delivery page.
14. It is the customer’s responsibility to ensure that all products are received in good order, to examine the goods to ascertain that he/she is fully satisfied with the manner in which the goods were delivered and received.
15. We do not take responsibility for stolen items, late deliveries or damage caused during delivery. We will ensure that the order is packaged and wrapped securely.
Product Returns Policy – South Africa
16. We quality check each of our products and goods before shipping or delivering to you, as it is important that you are happy with your purchase. However, should any of our products contain any manufacturing faults, you may exchange or obtain a refund.
17. Our products are handmade which means that each product will be different. As with most natural materials, cork fabric is organic and contains variances and imperfections in both texture, colour and appearance. These are not flaws or faults (and are NOT the basis for return) but only serve to enhance the unique look and add to the character of your “Bags by Della” product.
18. Please note that our bags are all handmade and therefore size can differ. We do our best to create consistent sizes but variation is possible.
19. We undertake to replace any product delivered to you that has a manufacturing fault. Faulty products do not include wear and tear, damage due to incorrect use or damage caused after shipping our products to you.
20. If you wish to return a faulty product, you must notify us in writing via email within FIVE (5) DAYS of delivery, which notice must contain your name, contact number and product purchased.
21. You will be requested to send a picture of the faulty/section so that we can fully understand that issue.
22. The customer further accepts that we may, at our own discretion, decide to repair rather than replace goods that are found to have any faults.
23. Notwithstanding the above, we reserve our right to refuse any exchanges or returns of faulty goods.
24. We reserve the right to charge the cost of the courier to your own account.
Product Returns Policy – International
25. We are unfortunately not able to facilitate international returns due to Customs restrictions.
26. We ask that you look carefully at the product before you make your purchase. If you have any questions you are welcome to contact us via email – info@bagsbydella.co.za
Warranties – South Africa only
27. We are proud of the quality cork fabrics we use and our workmanship.
28. If there are any faults in our products we will repair and if not repairable then we will be happy to replace the product at our expense. This should be within a THREE (3) MONTH period.
29. Please note that damaged/flawed product/s as a result of wear and tear, or incorrect usage of the product/s, will NOT be considered for repair or replacement.
30. Please contact us in writing via email, in which the notice must give your name, your contact number, the product purchased with a brief description of the fault of the product, and a picture of the faulty product or section.
31. We reserve the right to charge the cost of the courier to your own account.
Site Access
32. When you visit our website, we give you a limited licence to access and use our information for personal use.
33. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights. 34. Except as permitted under the Copyright Act 1978, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission. 35. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to
metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
Hyperlinks
36. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
37. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
Intellectual Property Rights
38. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
39. All trademarks, brand and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
Disclaimers
40. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
41. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
42. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
43. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Limitation of Liability
44. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
45. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from product/s we have supplied.
Indemnity
46. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
Force Majeure
47. If a Force Majeure event causing delay continues for more than THIRTY (30) DAYS, we may terminate this Agreement by giving at least SEVEN (7) DAYS Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
Jurisdiction
48. These terms and conditions are to be governed by and construed in accordance with the laws of REPUBLIC OF SOUTH AFRICA and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in REPUBLIC OF SOUTH AFRICA and you agree to submit to the jurisdiction of those Courts.
49. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Privacy Policy
50. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk. We do however undertake to take reasonable steps to preserve such information in a secure manner.