TERMS AND CONDITIONS

The Whimsical Whippet’s

Terms & Conditions

1. General
   • For purposes of these General Terms and Conditions and elsewhere on the website, “The Whimsical Whippet” means The Whimsical Whippet Reg nr: xxxx. The Whimsical Whippet’s head office is located Paperbark Road, Fourways Gardens, Johannesburg, South Africa.
2. Application
   • These General Terms and Conditions will apply to any and all agreements and legal relations pursuant to which The Whimsical Whippet acts as a supplier of items.
3. Product specifications; pricing; typographical errors
   • The Whimsical Whippet will not be required to execute an order or compensate a buyer for any loss if The Whimsical Whippet made an error when presenting the item, formulating its characteristics or specifications, or stating its price, and
   • it should have been clear to the buyer that such involved a printing or clerical error; or
   • if the buyer should not, under the circumstances, have reasonably relied on The Whimsical Whippet delivering quoted item, with stated characteristics, at this price.
4. Prices
   • Products sold by The Whimsical Whippet are billed in Rands (zar) and include VAT.
5. Market
   • Items are currently delivered to buyers in the Republic of South Africa. Purchase agreements are concluded with natural persons not acting in the course of a profession or business only. Therefore any VAT charged will not at any time be refunded.
6. Costs of Delivering the Items
   • All prices of the items posted on the website are exclusive of delivery costs.
   • Delivery costs will be stated separately when settling the order and may vary daily and for each order.
7. Delivery and Delivery Period
   • The Whimsical Whippet shall endeavour to supply the items ordered to the delivery address within 3 – 7 working days (excludes weekends and public holidays) of the order confirmation and the required receipt of payment unless otherwise stated. Prior to delivering an order, the customer may be contacted to verify the correctness of the order. This may cause some delay in delivery. When registering, customers must state a valid telephone number on which they can be reached during the day (such as their number at work or a mobile phone number), so that the delay, if any, will be as short as possible.
   • The Whimsical Whippet shall arrange delivery by post or dispatch orders in any other way, at The Whimsical Whippet’s sole discretion. Orders will not be sent to a PO Box address. Note that a signature will be required for receipt of all residential deliveries.
   • The Whimsical Whippet may dispatch the delivery in parts, however, any extra costs for such additional deliveries will be borne by The Whimsical Whippet unless otherwise stated.
   • The Whimsical Whippet uses third-party couriers to deliver goods. A valid proof of delivery or courier run-sheet will be conclusive proof that the parcel was delivered to the address provided on the order. It is the customer’s responsibility to ensure the accuracy of the delivery address.
   • Addresses may be amended on a customer’s My Orders In the event that no amendment is possible from this page, the goods may already be in transit and an address change may not be possible. Address changes after goods have already been processed may incur additional shipping charges.
   • The onus is on the Customer to inform The Whimsical Whippet if an order or part of an order is undelivered within 30 calendar days from the date of sale. The Whimsical Whippet will not entertain any claim for undelivered items outside of 30 calendar days from the date of sale where a valid dispatch reflects against the order.
   • The Whimsical Whippet cannot be held responsible for consequences arising from a delayed delivery due to circumstances out of the company’s control.
   • Where a person has given permission to have something delivered/collected to/from a 3rd party location such as a reception area or security annexe, this delivery/collection will be deemed to have been fulfilled where said package has been signed for.
8. Stock Availability
   • The Whimsical Whippet shall endeavour to fulfil a customer’s order to the best of their abilities. However, circumstances outside of The Whimsical Whippet’s control may arise where a customer’s order may not be fulfilled e.g. damaged stock or stock unavailability from The Whimsical Whippet’s suppliers. In cases like these, The Whimsical Whippet shall only be liable to refund the customer’s monies paid.
9. Payment & Refunds
   • Payment is accepted via credit card (Visa, Mastercard) ordirect EFT transfer. Online credit card transactions will be acquired for The Whimsical Whippet via YOCO and Payfast using the strictest form of encryption and no credit card details are stored on their websites. Customer details will be stored by The Whimsical Whippet separately from card details which are entered by the client on Payfast and YOCO. The Whimsical Whippet takes all reasonable steps to scrutinise all transactions to prevent attempted fraud and a transaction may be refused if The Whimsical Whippet is not satisfied with its legitimacy.
   • EFT payments need to be made to one of The Whimsical Whippet’s nominated bank accounts. The beneficiary reference (the reference that is going to reflect on The Whimsical Whippet’s bank account) needs to be the customer order number. Proof of payments needs to be sent to kym@thewhimsicalwhippet.co.za within 24 hours of the order being placed. Failure to send a proof of payment in time may lead to the order being cancelled, in which case The Whimsical Whippet will only be liable to refund any monies paid and reflected in our account.
   • No forex or international EFT payments will be accepted. Any costs involved with the acceptance or refusal of forex payments will be for the account of the customer.
   • Refunds will be processed to the method of payment used. The Whimsical Whippet will not be held responsible for any further refunds or incorrect bank account details. Card reversals may take up to 14 business days to reflect. A valid proof of refund by The Whimsical Whippet’s card processing partner shall be conclusive proof that a card reversal has been processed. Should a refund not reflect, the customer will have to approach their card issuing institution to investigate the matter.
10. Agreements of Sale
    • Placing an item in a shopping basket, or adding it to a wishlist without completing the purchase cycle, does not constitute an agreement of sale between The Whimsical Whippet and the purchaser. Users cannot hold The Whimsical Whippet liable if such items are not available when the purchase cycle is completed; and The Whimsical Whippet may remove such an item from the shopping basket if no stock is available. An agreement of sale between The Whimsical Whippet and a user only comes into effect if and when payment is received and the order is confirmed and processed by The Whimsical Whippet during normal business hours (9am – 5pm). The Whimsical Whippet reserves the right to refuse to accept and/or execute an order without giving any reasons. The Whimsical Whippet also reserves the right to in its sole discretion cancel orders in whole or in part as circumstances dictate, in which event The Whimsical Whippet shall only be liable to refund monies already paid by the user.
    • A customer is entitled to cancel their order, provided that it has not yet been processed. If it has been processed, our Returns Policy will apply. Some orders may not be cancelled after they have been placed such as voucher codes and gift vouchers.
11. Returns Policy
    • The Whimsical Whippet will only accept returns in accordance with this policy, the Consumer Protection Act 68 of 2008, the Electronic Communications & Transactions Act 25 of 2002 and any other applicable law.
    • Items may only be returned if they are faulty, damaged on arrival, incorrectly delivered or where the customer changes their mind within the parameters set out below and as set out in the Consumer Protection Act 68 of 2008.
    • Once a customer informs The Whimsical Whippet of a return, it is the customer’s responsibility to ensure that the item is returned within 10 days after the first contact was received.
    • All returns need to be in original packaging, with all original accessories, parts and documentation unless otherwise agreed upon. The customer is responsible for packaging the return so as to avoid being damaged in transit.
    • No items may be returned without prior written authorisation from The Whimsical Whippet. The Whimsical Whippet will not be liable for any items lost in transit to The Whimsical Whippet or items incorrectly handed over to couriers not instructed by The Whimsical Whippet where no prior written authorisation has occurred. The customer will be liable for courier charges of return items incorrectly handed over.
12. Faulty and/or Damaged on Arrival Items
    • Faulty and damaged on-arrival items will be dealt with in accordance with sections 55 and 56 of the Consumer Protection Act 68 of 2008.
    • In the case of damaged on-arrival items, the customer needs to notify The Whimsical Whippet of any breakages, missing or damaged parts and accessories within 3 days of the receipt of the goods. The Whimsical Whippet may ask for images of the goods and packaging, highlighting the extent of the damage. The Whimsical Whippet will not entertain any claims of breakages, missing or damaged parts and accessories if this notification is not received within 3 days of the goods being delivered.
    • Faulty items may be returned within the warranty period. If a warranty period is not indicated on the deal, a 6-month standard warranty will apply. The customer can request that faulty items are repaired or replaced provided a repair is possible or a replacement is available, alternatively request a refund of the price paid for the items. Where a repair or replacement is not possible, the customer will be refunded or credited the price paid for the items.
    • The Whimsical Whippet will cover the freight and insurance cost of a faulty item under warranty.
    • A faulty item is a defective item with any material imperfection in the manufacture of a product or any characteristic of a product that makes the product less acceptable than one would reasonably be entitled to expect in the circumstances.
    • The following does not constitute a defect, and will not be eligible for a refund, replacement or repair:
    • faults resulting from normal wear and tear / use;
    • damage arising from negligence, user abuse and misuse, or incorrect usage of the product;
    • damage arising from electrical surges or sea air corrosion;
    • damage arising from a failure to adequately care for the product;
    • damage arising from unauthorised alterations to the product;
    • where the specifications of a product, although accurately described on the website and generally fit for its intended purpose, do not suit the customer;
13. Unwanted Items
    • A customer is allowed to return an item within 7 days of receipt of the item if it is not faulty, subject to the following conditions:
    • The customer writes into The Whimsical Whippet within 7 days of receipt of the item. Requests for returns outside of the 7-day window may not be entertained unless it is faulty.
    • Certain redemption vouchers may not be refunded once it has been issued to the customer via email. (The Whimsical Whippet Gift Vouchersincluded)
    • Returns may be arranged on a customer’s behalf, or a customer may courier their goods back to The Whimsical Whippet’s distribution centre under certain circumstances at their own cost. A customer may also drop off their return at The Whimsical Whippet’s distribution centre, subject to prior approval.
    • Returns will be at the Customer’s cost. This cost will be offset against any refund or credit owed to the customer after an item has been returned.
    • The Whimsical Whippet may arrange a third-party courier to collect these goods. The customer needs to be available during a pre-arranged slot to hand the goods to the courier. The goods need to be handed over to the correct courier and The Whimsical Whippet will not be liable for goods handed to the incorrect courier. The Whimsical Whippet will attempt two collections from the customer. No further collections will be attempted after two collections if the collection fails due to the customer (e.g. not available), and the customer will then have to arrange a return with their own courier at their own cost.
14. Incorrectly Received Items
    • Returns on incorrectly received items will be accepted subject to the following conditions.
    • The customer needs to notify The Whimsical Whippet of any incorrectly received goods within 3 days of the receipt of the goods. The Whimsical Whippet may ask for images of the goods and packaging. The Whimsical Whippet will not entertain any claims of incorrectly delivered goods if this notification is not received within 3 days of the goods being delivered.
    • The item must be in a re-sellable condition, in original packaging and include all original accessories, parts and documentation. The Whimsical Whippet will inspect the item on return and if it is not in a re-sellable condition, dispatch it back to the customer.
    • The return of the item will be at The Whimsical Whippet’s cost. The Whimsical Whippet may arrange a third-party courier to collect these goods. The customer needs to be available during a pre-arranged slot to hand the goods to the courier. The goods need to be handed over to the correct courier and The Whimsical Whippet will not be liable for goods handed to the incorrect courier. The Whimsical Whippet will attempt two collections from the customer. No further collections will be attempted after two collections if the collection fails due to the customer (e.g. not available), and the customer will then have to arrange a return with their own courier at their own cost.
    • Returns may be arranged on a customer’s behalf, or a customer may courier their goods back to The Whimsical Whippet’s distribution centres under certain circumstances. A customer may also drop off their return at The Whimsical Whippet’s distribution centre, subject to prior approval.
15. Marketing and Special Promotions:
    • Every effort is made to feature all products shown on any sales promotional material. However, should a specific product become unavailable for any reason, The Whimsical Whippet reserves the right to use that product image for all promotional elements without the guarantee of selling that product on the day.
    • For all Marketing competitions and Promotions The Whimsical Whippet reserves the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be posted on the website as soon as possible.
16. Applicable Law
    • This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.
17. Personal Data
    • The Whimsical Whippet respects your privacy and is committed to the protection of the personal information of Users in compliance with the Promotion of Access to Information Act 2 of 2000 (“PAIA”) and the Protection of Personal Information Act 4 of 2013 (“POPIA”).
    • The Whimsical Whippet will use, store and process the data provided by Users in accordance with our Privacy Policy.
18. Changes To Agreement
    • The Whimsical Whippet may, at its sole discretion, change this agreement or any part thereof at any time without notice.
19. Intellectual Property Rights
    • All the content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to The Whimsical Whippet and as such are protected from infringement by local and international legislation and treaties.
20. Domicilium
    • The Whimsical Whippet has no physical stores but may stock its products at other retailers.