Terms of service

Terms of Service

1. Overview

This website is operated by The Boozy Bag Co.

Throughout the website, the terms “we”, “us” and “our” refer to The Boozy Bag Co. We provide this website, including its information, products, features and services, subject to these Terms of Service.

Our online store is hosted by Shopify, which provides the e-commerce platform that allows us to sell our products to you.

By visiting our website or purchasing from us, you agree to these Terms of Service, our Privacy Policy, Shipping Policy and Returns and Exchanges Policy.

Nothing in these Terms is intended to limit any rights you may have under the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002 or any other applicable South African law.

2. Business Information

Trading name: The Boozy Bag Co.
Legal entity: House of Luxe
Registration number: 2003/010196/23
VAT number: Non Vat Vendor

Physical address:
The Workspace
The Old NG Kerksaal
Bibby’s Hoek Road
Rheenendal
Knysna
6576
South Africa

Telephone and WhatsApp: 070 380 4522
Email: info@boozybags.co.za

3. Use of Our Website

You may use our website only for lawful purposes.

You may not:

interfere with the operation or security of the website;
introduce viruses or harmful software;
attempt to gain unauthorised access to the website;
copy or commercially exploit our website content without permission;
submit false, misleading or fraudulent information; or
use the website in a manner that infringes the rights of another person.

We may suspend or restrict access to the website where we reasonably believe it is being misused.

4. Product Information

We take reasonable care to describe and display our products accurately.

Colours and appearance may vary slightly depending on your device, screen settings, fabric batches and the handmade or printed nature of the product.

Small variations in natural fabric, stitching, placement and printing are not necessarily defects and may form part of the character of the product.

Product descriptions, availability and designs may be updated or discontinued without notice.

5. Personalised and Custom Products

Customers are responsible for checking all names, dates, wording, spelling, colours and design details before approving a personalised or custom order.

Once a personalised order has been approved or production has begun, it may not be possible to change or cancel it.

Personalised, custom-made or specially printed products cannot ordinarily be returned because of a change of mind. They may still be returned where they are defective, damaged or do not match the approved order.

We may refuse wording, artwork or designs that are unlawful, infringe another person’s rights or are reasonably considered offensive or inappropriate.

You confirm that you have permission to use any names, logos, photographs, artwork or other material supplied to us for a custom order.

6. Orders

Placing an order constitutes an offer to purchase the selected products.

An order is accepted once:

we have received payment or payment authorisation; and
we have sent confirmation that the order has been accepted or has entered production.

We may decline or cancel an order where:

a product is unavailable;
an obvious pricing or product-description error has occurred;
payment has not been authorised;
we reasonably suspect fraud or misuse; or
we cannot complete a custom request.

Where we cancel an order after payment has been received, we will refund the amount paid.

Please check your order and delivery information carefully before submitting it.

7. Prices and Payment

All prices are displayed in South African rand.

Prices are inclusive of VAT only where we are registered for VAT and the website indicates that VAT is included.

Delivery charges, where applicable, will be displayed during checkout before payment is completed.

Prices and promotions may change without notice, but changes will not affect orders that we have already accepted.

Payment must be made through the payment methods displayed at checkout.

You confirm that you are authorised to use the selected payment method and that the billing and contact information provided is accurate.

8. Pricing and Website Errors

We may correct genuine typographical, pricing, product-description or availability errors.

Where an obvious error affects an order, we will contact you and give you the choice of proceeding at the correct price or cancelling the order for a refund.

We will not be required to supply a product at an obviously incorrect price where the mistake should reasonably have been apparent.

9. Shipping and Delivery

Delivery options, charges and estimated delivery periods are set out on our website or during checkout.

Delivery periods are estimates unless expressly stated otherwise.

We will take reasonable steps to deliver orders within the stated period. Delays may occur because of courier disruptions, severe weather, remote-area delivery conditions, public holidays or other circumstances outside our reasonable control.

We remain responsible for the order until it is delivered to the delivery address supplied by you, except where you independently appoint or arrange your own courier.

You are responsible for providing a complete and accurate delivery address and for ensuring that someone is available to receive the parcel.

Additional delivery costs caused by an incorrect address, failed delivery or uncollected parcel may be charged to the customer where permitted by law.

Please notify us promptly if a parcel appears to be lost, damaged or incorrectly delivered.

10. Returns, Exchanges and Refunds

Returns, exchanges and refunds are governed by our Returns and Exchanges Policy, which forms part of these Terms.

Nothing in that policy limits your rights under applicable South African consumer law.

Standard, non-personalised products may qualify for return in accordance with our policy and any applicable cooling-off rights.

Personalised or custom-made products cannot ordinarily be returned because of a change of mind but may be returned where they are faulty, damaged or incorrectly supplied.

Approved refunds will be made using the original payment method wherever reasonably possible.

11. Faulty or Incorrect Products

Our products are subject to the quality standards and implied warranty protections contained in the Consumer Protection Act.

Please contact us if a product is defective, damaged on delivery, unsafe or materially different from what was ordered.

We may ask for:

the order number;
a description of the problem; and
clear photographs showing the issue.

Depending on the circumstances and your rights under applicable law, the available remedy may include repair, replacement or refund.

Normal wear and tear, accidental damage, improper use, incorrect washing or care, and damage caused after delivery are not manufacturing defects.

12. Cancellations

Please contact us as soon as possible if you need to cancel an order.

Standard orders may be cancelled before they are dispatched, provided processing or production has not progressed too far.

Personalised and custom orders may not be cancelled once artwork has been approved, materials have been committed or production has begun.

Any lawful cancellation or cooling-off right available under South African law will continue to apply.

13. Intellectual Property

The website and its content—including our name, logos, product designs, illustrations, photographs, text, graphics and layout—belong to us or are used by us under licence.

You may view and use the website for personal, non-commercial shopping purposes.

You may not reproduce, copy, sell, distribute, alter or commercially use our content without prior written permission.

Supplying us with artwork or content for a custom order does not transfer ownership of that content to us. However, you grant us the limited permission necessary to reproduce it for the purpose of fulfilling your order.

14. Customer Reviews and Submitted Content

Where you submit a review, photograph, comment or other content, you confirm that:

the content is accurate to the best of your knowledge;
you have the right to submit it;
it does not infringe another person’s rights; and
it is not unlawful, defamatory, abusive or misleading.

You grant us permission to display submitted reviews and related content on our website and marketing channels.

We may remove content that is unlawful, misleading, offensive, irrelevant or infringes another person’s rights.

We will not publish personal contact information contained in a review unless we have permission to do so.

15. Third-Party Services and Links

Our website may use third-party services, including Shopify, payment providers, courier services, social media platforms and other service providers.

Those providers may have their own terms and privacy policies.

Links to third-party websites are provided for convenience. We are not responsible for the content, security or practices of websites that we do not operate.

However, nothing in this section excludes any responsibility that we may have under applicable law for service providers acting on our behalf.

16. Shopify

Our store is hosted by Shopify.

Purchases made through the store are transactions between you and The Boozy Bag Co., not between you and Shopify.

Shopify provides the technology used to operate the online store but is not the seller of our products.

17. Privacy

We collect and process personal information in accordance with our Privacy Policy and applicable South African data-protection law, including the Protection of Personal Information Act 4 of 2013.

Information may be shared with service providers such as Shopify, payment processors and couriers where this is reasonably necessary to process orders, deliver products, operate the website or comply with the law.

Please read our Privacy Policy for more information.

18. Disclaimer

We take reasonable steps to keep the website accurate, secure and available.

We do not guarantee that the website will always be uninterrupted or completely free from technical errors.

To the extent permitted by law, we are not responsible for losses caused solely by:

circumstances outside our reasonable control;
misuse of the website or products;
incorrect information supplied by the customer; or
third-party systems or services outside our control.

This section does not exclude liability that cannot lawfully be excluded, including liability arising from gross negligence or any rights and remedies provided by the Consumer Protection Act.

19. Limitation of Liability

To the fullest extent permitted by South African law, our liability for a claim connected with an order will be limited to the reasonably foreseeable loss arising directly from that order.

We will not be liable for indirect or consequential business losses where the purchase was made primarily for personal or household purposes.

Nothing in these Terms excludes or limits liability for:

death or personal injury caused by gross negligence;
fraud or fraudulent misrepresentation;
defective or unsafe goods where liability cannot lawfully be excluded;
a breach of rights that cannot be waived under the Consumer Protection Act; or
any other liability that cannot lawfully be excluded.

20. Indemnity

You are responsible for losses or claims reasonably arising from:

your unlawful use of the website;
your infringement of another person’s intellectual-property or privacy rights;
material supplied by you for a custom order where you did not have permission to use it; or
false or misleading information deliberately supplied by you.

This section applies only to the extent permitted by South African law.

21. Suspension and Termination

We may suspend or terminate access to the website where a person materially breaches these Terms, uses the website unlawfully, threatens its security or engages in fraudulent activity.

Termination will not affect rights or payment obligations that arose before termination.

22. Complaints and Disputes

Please contact us first so that we have an opportunity to resolve any complaint.

Email: info@boozybags.co.za
Telephone or WhatsApp: 070 380 4522

Please include your name, order number and a clear description of the issue.

Nothing in these Terms prevents a consumer from referring a matter to an appropriate consumer-protection body, ombud, regulator, tribunal or court where entitled to do so.

23. Governing Law

These Terms and all transactions through our website are governed by the laws of the Republic of South Africa.

Subject to any consumer’s right to approach another competent forum, disputes will be subject to the jurisdiction of the courts of South Africa.

24. Changes to These Terms

We may update these Terms from time to time.

The latest version will be published on this page together with its effective date.

Changes will not unfairly alter the terms of an order that we have already accepted.

25. Severability

If any part of these Terms is found to be unlawful or unenforceable, that part will be limited or removed only to the extent necessary. The remaining provisions will continue to apply.

26. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, Returns and Exchanges Policy and any order-specific terms accepted by you, constitute the agreement between you and us regarding your use of the website and your purchase.

27. Contact Information

Questions about these Terms may be sent to:

The Boozy Bag Co.
The Workspace
The Old NG Kerksaal
Bibby’s Hoek Road
Rheenendal
Knysna
6576
South Africa