Terms & Conditions
“Party Craze ” – Party Craze CC, with registration number 2003/025139/23], a private company with limited liability registered in terms of the Close Corporation Act of South Africa;
“Customer” – an entrant, viewer, user of this Website and/or purchaser of the Products on offer in terms of this Website. The use of the second person singular “you” or possessive pronoun “your” shall be interpreted to be a reference to the Customer, unless the context expressly or implicitly provides otherwise;
“Website” – this website and/or any component thereof, including aspects and functionalities of this website that are provided by external services providers: provided that Party Craze is not in any way liable for the views, security, functionality, downtime, further links provided on such other websites;
“Product” – any item that is displayed for purchase and includes the following categories:
– In Stock; and
– Available On Backorder.
“In Stock” – any Product item that is displayed on the Website as being available for purchase;
“Available On Backorder” – any Product item that is identified on the Website as being Available On Backorder but which is not currently available in stock and must be ordered from our suppliers;
“CPA” – the Consumer Protection Act 68 of 2008, as amended from time to time including the regulations flowing therefrom;
“ECTRA” – the Electronic Communications and Transactions Act 25 of 2002 as amended from time to time;
“Trade Marks Act” – the Trade Marks Act 194 of 1993 as amended from time to time;
“Designs Act” – the Designs Act 195 of 1993 as amended from time to time;
“Copyright Act” – the Copyright Act 98 of 1978 as amended from time to time;
“Payment Portal” – PayFast payment portal available on this Website allowing for real time payment for Products items purchased on this Website, which can be effected either by credit card, debit card or ‘Payfast Instant EFT’ functionality;
“EFT” – electronic funds transfer, not effected through the Payment Portal, which payment method can only be used to purchase those Products specifically identified as capable of being purchased through normal EFT – either on this Website or upon contacting Party Craze CC and indicated by them in writing;
“Courier” – Party Craze CC courier of choice from time to time or their designated agents, or such courier as the Customer appoints;
“Disclaimer – Party Craze’s disclaimer and limitation of liability which is provided on this Website as a link at the foot of each page of this Website. The terms and conditions contained in this Website also provide for specific or general disclaimers, which are not necessarily all contained in the Disclaimer link;
“Parties” – the Customer and Party Craze collectively.
- You enter and continue the use of this Website and any of its service providers at your sole risk, and the entering and use of this Website shall be subject to, without limiting the generality hereof, the Disclaimer and limitation of liability clause contained in these terms and conditions.
- Should you not agree to any of the envisaged terms and conditions of this Website, please exit this Website immediately.
- Product ordering parameters:
5.1 All Products are ordered from suppliers local and internationally to attain a wide variety of party themes, supplies, décor, balloons and other party related items.
5.2 Products will be identified on the Website as either being “In Stock” or “Available On Backorder”.
5.3 For the purposes of 5.2 (and throughout this Agreement), all In Stock Products that are displayed as Available On Backorder are still available for purchase, except that there will be a delay in fulfilling and delivering the order as the On Backorder items will need to be sourced from our suppliers.
- Sale: offer and acceptance & courier costs:
6.1 Various Products displayed are available and on offer for purchase by you on the terms and conditions stipulated in this Website.
6.2 All transactions (constituting the Agreement) concluded by means of or by utilising this Website, are concluded at the time when and at the place where, your acceptance of Party Craze’s offer is received by Party Craze.
6.3 Acceptance of Party Craze’s sale offer, shall be constituted by payment of the full purchase price for In Stock or Available On Backorder items on the Website: only upon receipt of the purchase price (as the Product item may require) into the PayFast account of Party Craze CC, will acceptance by you be completed and constituted.
6.4 All Product prices are displayed next to the Product item in question with taxes if applicable.
6.5 No order of Available On Backorder items will commence until the full purchase price or the relevant items have been paid.
6.6 Delivery charges will be determined and displayed after you have added the Product or Products to your virtual shopping cart. The process will be as follows:
After you have added your Product or Products to your virtual shopping cart and click “Proceed to Check Out” you will be required to fill in your personal information and shipping details.
You have the option to either have the order delivered by our courier service (ParcelNinja) or to collect your order at ParcelNinja’s collection centre. Once you have decided on your collection option, and agreed to our Terms and Conditions, you may then proceed to check out and pay for the Product items.
- Procedure to purchase Products:
In Stock or Available On Backorder
7.1 Products that are In Stock and Available on Backorder may be ordered by selecting one or more of that Product item and adding it to the virtual shopping cart provided.
7.2 When proceeding to check out, certain details necessary for the processing of your order by Party Craze (and its service providers) will be requested.
7.3 The next step to complete the purchase is to utilise the Payment Portal provided to effect payment of the full purchase price.
7.4 The Payment Portal, will prompt you to follow the necessary steps to complete your purchase.
7.5 Upon receipt by Party Craze of payment of the full purchase price of the Product/s you have selected:
a notification will be sent to the Party Craze domicile address of your purchase;
you will receive an order confirmation e-mail confirming your order and a further e-mail with an invoice reflecting your purchase;
- Sale on first-come-first-serve basis:
8.1 As this is an e-commerce Website which allows the retail of Party Craze Products to any number of Customers at point in time, the Website operates and Products are sold on a first-come-first-serve basis.
8.2 For Product items that are In Stock items, your selection of one or more of these items by adding it to the e-commerce cart, will not result in the number of available In Stock items reducing in real time on the Website. In Stock items will only reduce in number in the event that you confirm your intention by adding the Product item to your virtual shopping cart, when you proceed to Check Out and actually purchase the item.
8.3 Please note that we cannot guarantee that another Customer will not be ordering and purchasing the same Product that you are ordering and purchasing at the same time. As such you acknowledge that Products are sold on a ‘first-come-first-serve’ basis – until such time as you actually purchase a Product or Products, some or all may still be purchased by another Customer visiting our Website even though they are in your virtual shopping cart. We will contact you to inform you in the event that this occurs and establish whether you wish a refund or whether you are prepared to wait for some or all of the Products you added to your cart to be manufactured as Made to Order Product items. Any arrangement agreed upon will be confirmed in writing and form part of this Agreement.
8.4 Party Craze shall not be liable for any damages, claims and/or loss (of whatsoever nature) and whether actual, contingent or consequential, direct or indirect in nature, and arising from the fact that a potential purchase or purchases by you was not confirmed by payment, allowing another Customer to purchase the items that you may have added to your virtual shopping cart as provided for in this clause 8.
9.1 We want you, our Customer, to receive a high-end quality product within a reasonable time of you placing an order. However, delivery of Product items is firstly dependent on whether that item is an In Stock item at the time you order it (on the one hand), or whether it is Available On Backorder and we need to order the item in from our suppliers.
9.2 Delivery times for all Products are also affected by the following factors including (without limitation):
availability of Product items;
lead times and capacity of Party Craze and Party Craze’s suppliers;
the courier service provider’s delivery ability.
9.3 For In Stock items the e-mail sent to you confirming your order will give an estimated period within which you will receive the Product. Generally, the estimated period for delivery of In Stock items is 1-3 (one to three) working days from the date that payment is confirmed by Party Craze.
9.4 For items that are Available On backorder, you can look at 3-7 (three to seven) working days for local sourced products and 14-21 (fourteen to twenty-one) working days for international sourced products from the date that payment is confirmed by Party Craze.
9.5 In order to prevent delays you must ensure you use the reference number we provide you with to complete the payment for us to identify your payment via the Payment Portal.
9.6 Orders are only processed during week days, so please exclude Saturdays, Sundays or public holidays from your computation of the estimated period of delivery.
9.7 Party Craze only delivers within the borders of the Republic of South Africa. Should you wish to purchase from outside the borders of South Africa, please contact Party Craze on the e-mail email@example.com and we will see how your requirements can be considered.
9.8 Risk in and to all In Stock and Available On Backorder Product items (where full purchase price payment is required), pass to you upon payment of the purchase price.
9.9 Ownership and benefit in and to all Products purchased shall pass to you upon the Product item purchased being delivered to your chosen address. Ownership shall not pass in any Product item purchased irrespective of delivery to the Customer, in the event that the full purchase price and courier costs have not been paid.
9.10 The Customer confirms that they will either be available to take delivery at the address they specify when completing their delivery address details, alternatively that any responsible person found at that address at a time when they are not present or available to sign for receipt, may sign receipt in the Customer’s absence. If nobody is found by Party Craze’s Courier at the delivery address specified by the Customer for receipt of the Product or Products, the Customer will be responsible for the extra delivery charges occasioned by a further delivery attempt.
- Refund & returns policy:
Please see our Return Policy for more information.
- Cancellation of order for In Stock or Available On Backorder Product items:
11.1 The CPA does apply to In Stock or Available On Backorder Product items that you order. Should you order an In Stock or Available On Backorder Product item and you wish to cancel your order, you may contact Party Craze on firstname.lastname@example.org to cancel your order, subject to the following:
the Product item has not yet been supplied to you, in that you have not taken delivery of the item; and
you pay a reasonable cancellation fee.
11.2 For the purposes of 11.1, should Party Craze receive notification at the time that or after the Courier has arrived at your selected delivery address, the Product item shall be considered supplied and you will not be entitled to cancel the advance order for the Product, irrespective of whether or not the In Stock or Available On Backorder Product item’s packaging (Courier or Party Craze packaging) has been opened or not, and irrespective of whether you are available or present to take delivery at the time when the Courier arrives at your designated address.
11.3 The cancellation fee shall include (without limiting same):
the cost of engaging the services of the Courier if the Product item has already been dispatched to you and for the return of the Product;
the cost of packaging that In Stock Product item;
the bank charges that it costs to refund you after deduction of our cancellation fee; and
a 15% (Fifteen percent) fee of the purchase price of all In Stock and Available On Backorder Product items that the Customer has purchased, which fee takes into account: the lost opportunity of a sale/s for Party Craze, the timing of the cancellation, the risk of damage to the Product item/s during transit and its high-end nature.
11.4 For the purposes of 11.2, the responsibility is with you to ensure Party Craze gets actual and timeous notice, should you wish to cancel an advance order for an In Stock or Available On Backorder Product before it is delivered to you. If you are unsure if Party Craze has received your e-mail at the address in 11.1, you can contact us on the mobile number supplied on the contact page of this Website.
- Limitation of liability & warranties:
12.1 Nothing in this Agreement, its terms and conditions shall be construed as extending the protection afforded by either the CPA or ECTRA beyond the intended protected persons stipulated in those acts, nor shall any such extension be applied in a similar manner to any other legislation that may apply to this Agreement.
12.2 All Party Craze’s Products have colour variances from time to time, such colour variances are a natural consequence of the processes required to create them, and as such Party Craze accepts no liability for colour variances: the same applies for small or negligible size variances.
12.3 Should you use your own EFT to effect payment to Party Craze (or other electronic payment channel to effect payment), Party Craze shall not be liable for any losses, damages and/or theft (of whatsoever nature, and whether actual, contingent or consequential) that may arise due to the use of your own payment portal or EFT payment technology to make payment of any amount to Party Craze.
12.4 Insofar as the CPA does not apply to you, all Products are sold voetstoots: however, In Stock and Available On Backorder items are still subject to 14 (fourteen) day return policy set out in clauses in the Return Policy.
12.5 Party Craze shall not be liable to the Customer for any direct or indirect damages or loss of whatsoever nature (and arising from whatsoever cause), whether actual, contingent or consequential, as a result of entering, using or continuing to use this Website, entering into an agreement with Party Craze and/or from the purchase of any Products from Party Craze or the use of Party Craze’s services; and whether such damages or loss arise from the negligence of Party Craze and/or its agents or service providers. Party Craze’s limitation of liability extends to the maximum possible extent allowed under any particular jurisdiction, and only to the extent that such limitation of liability exceeds what is permissible under South African law, shall such limitation of liability be reduced to the maximum allowable liability limitation in Party Craze’s favour under South African law.
12.6 Party Craze gives no warranties, express, tacit or implied, other than what are expressly imputed by legislation or expressly provided for in these terms and conditions and this Agreement, in respect of its Products or services (or those of its agents and service providers).
12.7 Party Craze shall not be liable if the Website is down or not functioning (fully or partially), or if plugins applications malfunction or are not working: the provisions of clause 12.5 applying mutatis mutandis (subject to the necessary changes) in such circumstances.
12.8 Party Craze shall not be liable should you make payment into the wrong back account by EFT. It is your responsibility to verify and ensure that you make payment into Party Craze’s designated bank account by EFT. Please also use the correct reference supplied to you by Party Craze – failure to do so will delay the manufacture and/or delivery of a Product you purchase or order.
- Intellectual property rights:
13.1 This Website contains intellectual property in various forms, including without limiting the generality hereof: copyright, trademarks and designs (collectively the “IP”).
13.2 This Website contains IP which is either owned by or licensed to Party Craze, alternatively it is owned by (or licensed by) a third party or third parties.
13.3 Without limiting the generality hereof, the IP consists of the following from time to time:
design rights, in respect of designs applied to articles featured in this Website from time to time;
trademarks featured in this Website;
the whole or components of the above intellectual property forms, as well as combinations and overlapping elements of the above intellectual property forms; and
any one or combination of 13.3.1 up to an including 13.3.4 insofar as it applies to third party IP contained or reflected on this Website.
13.4 As copyright subsists in the various works featured or contained within this Website (from time to time), all Customers (including any and all viewers, entrants, users and/or purchasers) are prohibited from – without limiting the generality hereof:
in respect of literary works, artistic works and computer programs: reproducing, copying, adapting, publishing and/or causing to be transmitted by diffusion service;
in respect of computer programs: letting, or offering or exposing for hire by way or trade, either directly or indirectly, a copy of the computer program;
in respect of an adaptation of a literary work, artistic work or computer program, doing any of the acts listed in 13.4.1 up to and including 13.4.2.
13.5 Unauthorised use (per section 34 of the Trade Marks Act), reproduction or passing-off of any trade marks contained in this Website is prohibited.
13.6 Unauthorised use, making, importing or disposing of any design on an article that may become registered, or a design that may be the subject matter of a design application, is prohibited.
13.7 Failure of these terms to identify or address each and every form of IP contained in this Website from time to time, shall not be construed that such IP does not exist or is not protected. All IP remains protected herein, and all rights are reserved in respect of the IP in this Website.
13.8 No license of whatsoever nature (including any possible sub-license) is granted (whether tacitly, by implication, expressly, verbally or in writing) in respect of any of the IP contained in this Website. Such prohibition applies in respect of IP that is owned by third parties including, without limiting the generality hereof, plugins: provided that the limited and lawful entry, viewing and use of intended functionalities is permitted, at all times subject to this Agreement and the terms and conditions applicable to IP that is owned by third parties (which are not be contained in this Agreement).
13.9 Further to 13.4.2, in respect of the computer program and source code of this Website, the Customer (or any other person accessing this Website) shall not reverse engineer, disseminate, hack, crack, alter, copy, tamper, access, reproduce, manipulate, decompile, interfere, corrupt, destroy (information, databases or computer systems) and/or use devices to overcome security measures of this Website, any component thereof, or the plugins contained thereon. No spidering, scraping, framing or hyperlinking of this Website, its copyright material or IP on this Website, is permitted; provided that a limited non-exclusive right is granted for hyperlinking of the Party Craze Website (only) on the following conditions: the hyperlink does not portray this Website or Party Craze, its directors, members, agents, service providers, employees, Products and/or Services in a defamatory, offensive, prejudicial, misrepresentative or any other negative light, and the site which hyperlinks to this Website does not itself contain defamatory, offensive, prejudicial, hateful or any other negative material. Should you wish to frame any portion of this Website, the prior written permission of Party Craze will be required – please contact is on email@example.com. Any license to hyperlink or permission to frame does not in any way detract from the IP protection envisaged in this Agreement, nor shall it construed as permission granted by any third party’s whose IP is contained on this Website to hyperlink, frame or otherwise deal with that IP – refer to the relevant party’s website for their terms, conditions and policies pertaining to IP.
13.10 The protection afforded to the IP in this clause applies irrespective of whether the whole or only a component or part of IP is infringed in any of the manners anticipated in this Agreement and this clause 13. The protection afforded (now or in the future) to trade marks referred to in 13.5 and designs in 13.6 is limited to the territory of the Republic of South Africa at present, but this position may change without notice.
13.11 The protection afforded to the IP contained in this Website:
continues to apply after that IP is removed from this Website;
applies no matter what interface the IP is accessed;
is limited by territorial nature of trade mark law and design law;
applies whether the IP accessed on the URL (uniform resource locator) of this Website, or on any other website, including (without limiting the generality hereof) social media sites;
applies to any know-how or analytics contained or acquired through this Website.
13.12 No derivative works of any IP contained in this Website may be made.
13.13 The provisions of this clause 13 and any other IP rights expressed on this Website extend to any social media platform (without limitation including Facebook and Instagram) which Party Craze uses or any site that hyperlinks or frames Party Craze IP material.
- Party Craze Services:
14.1 Party Craze services consist inter alia of party décor and equipment hire and the supply of party products, supplies, décor, balloons and party themes through the online Party Craze website at https://www.partycraze.co.za.
14.2 We will discuss the terms of our service level agreement with you at our first consultation for the hire of party equipment and décor and thereafter we will enter into an agreement which is tailored for your specifications before we commence with our services.
Should either Party breach any term of this Agreement, the other Party shall be entitled to on 21 (twenty one) days written notice – addressed to the chosen domicilium address of the other party – be entitled to cancel this Agreement or claim specific performance, with or without a claim for damages.
- Domicilium for notices & legal process:
16.1 The Parties choose as their respective domicilia citandi et executandi (address for filing of legal process and all notices) the following addresses:
Party Craze CC, PO Box 3750, Aston Manor, Kempton Park, 1639, Gauteng
Customer: the physical address specified when completing your address details at any juncture where this is requested in the Website.
Party Craze: firstname.lastname@example.org, postal address or physical address, in that order of preference
Customer: either at the e-mail address, facsimile address, postal address or physical address, in that order of preference: specified when completing your address details at any juncture where this is requested in the Website.
16.2 Deemed receipt days for notices at designated addresses in 17.1:
A notice sent by pre-paid registered post shall be deemed to have been received after the 14th (fourteenth) day of posting;
A notice sent by e-mail shall be deemed to be received on the same day that the e-mail was sent;
A facsimile shall be deemed to have been received on the same day that the facsimile was sent;
A notice delivered by hand to a responsible person at the designated domicilium address shall be deemed to have been received on the date of delivery.
16.3 Either Party may change their domicilium address/es by notice to the other Party on 7 (seven) days’ notice to the other Party, provided that Party Craze may at any stage with immediate effect change any of its addresses by changing this clause, alternatively by updating its details on the contacts page of this Website.
16.4 Any physical address specified must be an address in the Republic of South Africa.
17.1 By agreeing to any click wrap agreement (ticking the appropriate boxes on this Website) and/or completing any personal or financial details on this Website:
you are warrant that you are representing yourself and no other person; or
- General & miscellaneous clauses
18.1 Entire Agreement
This Agreement contains all the express provisions and terms agreed between the Parties and no Party may rely on any provision that is not recorded in this Agreement.
No Party may rely on a representation that allegedly induced them to enter into this Agreement unless such representation is expressly recorded in this Agreement.
18.3 Variations, additions, waivers and consensual cancellations
No variation, addition, review or consensual cancellation shall be of force and effect unless recorded in writing and signed by and on behalf the Parties representatives, no waiver shall be of force and effect unless reduced to writing and signed in the same manner.
18.4 Cession & delegation
No Party shall be entitled to cede and/or delegate its rights and obligations respectively unless the prior written consent of the other Party has been obtained.
18.5 Waiver and delay in enforcement
No delay or indulgence on the part of either Party to exercise a right in terms of this Agreement shall be construed or deemed a waiver by that Party of that right which has accrued to it in terms of this Agreement, or of its ability to enforce such right immediately or at a later stage.
The terms and provisions of this Agreement are severable: should any term or provision be found to wholly or partially unlawful, void or unenforceable, such unlawfulness, voidness or unenforceability shall not affect the Agreement or its remaining terms and provisions, all of which remain valid and of force and effect, the offending term or provision being severable.
Headings to clauses are for convenience only and shall not be used in applying interpretation.
For the purposes of this Agreement (and unless expressly stated otherwise), a reference to one gender shall include the other (and vice versa), the reference to the singular shall include the plural (and vice versa) and words referring to natural persons shall include juristic, quasi-juristic or legal persona (and vice versa). In the event the numerals are followed by words and there is a conflict between the numerals and the words, the words shall prevail.
As this Agreement was concluded by negotiation the rule of interpretation that any ambiguity created shall be applied against the principal drafter shall not apply.
18.8 Substantive provisions
Any right or obligation that may exist or be implied in any definition or addendum to this Agreement shall be treated as if a substantive provision imposing such right or obligation (as the case may be) in the main body of this Agreement.
18.9 Calculation of days
For the calculation of days in terms of this Agreement, the first day shall be excluded and the last day included in such computation, unless such last day falls on a Saturday, Sunday or public holiday, in which case the last day shall fall on the next day which is not a Saturday, Sunday or public holiday.
18.10 Schedules and Addenda
All addenda and schedules to this Agreement shall be deemed to be part of this Agreement.
18.11 Accrued rights
In the event of termination or cancellation of this Agreement or any part thereof (for whatsoever reason or cause), nothing in this Agreement shall be construed as detracting from rights that may have accrued prior to or as at such termination or cancellation date, rights that by their nature survive such termination or cancellation, or any right which a Party may otherwise have at law: such rights remaining fully enforceable after such termination or cancellation.
18.12 Stipulation for the benefit of another
Party Craze is a contracting party to this Agreement. There are benefits and rights within this Agreement that do not accrue to Party Craze. As such, Party Craze acts as the recipient of these benefits and rights on behalf of those parties (who are aware of, been offered and have already accepted such benefit/s) not referred to in this Agreement: for these purposes only this Agreement shall operate as a stipulation for the benefit of another (stipulateri alteri), allowing Party Craze to accept the benefits conferred on such parties on their behalf, which it duly does. No other stipulation for the benefit of another is to be inferred in this Agreement, unless expressly stated herein.
Either Party may institute legal proceedings in connection with any dispute that arises out of this Agreement in the magistrates’ court for the Republic of South Africa, to which court’s jurisdiction the Parties consent.
18.16 Governing law
The Parties agree and consent to this Agreement being governed and construed in accordance with the laws of the Republic of South Africa.
18.17 No partnership, joint venture or agency
Nothing in this Agreement shall be construed as creating a partnership, joint venture or principal-agent relationship between the Customer on the one hand, and Party Craze and/or its service providers on the other.
- Contact and Business hours:
19.1 Party Craze has the following office hours: 8am – 5pm Monday to Thursday and 8am – 4pm Fridays.
19.2 Party Craze is not contactable on weekends or public holidays.
19.3 Party Craze will advise Customers on the Website of last order dates for any Product or range of Products for the year, and when orders for Products may not be made.