Our Sabrina Love Foundation was started in 2003 in memory of our daughter Sabrina. She was our darling precious child who was born with a very rare bone disorder, which affected her physical being, but not her wonderful mind. She learnt how to drive her wheelchair, even attending ballet classes all dressed in pink, and participated in all that life had to offer, with nothing but love, patience, bravery, compassion, humility and a zest that few able bodied people have. She was an inspiration to us and everyone who met her and we were the lucky parents blessed to have her share our lives for six years, a month short of her seventh birthday.
Visit www.sabrinalove.co.za for more info on The Sabrina Love Foundation.
1. Background to this agreement
1.1. This website is provided by Sabrrina Love Foundation and its mission is to create a fund, which will continue in perpetuity to assist physically disabled children who require financial assistance either for equipment, medical treatment or professional help. The assistance will create in one form or another better quality of life for these children and their families!
1.2. You (the Purchaser) wish to contribute towards our mission. By pressing the ‘Make Purchase’ button, you are making a financial contribution to Sabrina Love Foundation.
1.3 These Terms and Conditions govern the supply by us of any Product ordered by you on the Site. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.
1.4 In these Terms and Conditions:
a) “Account” means the account that you will need to register for on the Site if you would like to submit an Order on the Site;
b) “Acknowledgement” means our acknowledgement of your Order by email;
c) “Breach of Duty” has the meaning given to it in clause 9.1(b) of these Terms and Conditions;
d) “Business Day” means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in South Africa;
e) “Confirmation of Order” means our email to you, in which we accept your Order in accordance with clause 4.9 below;
f) “Contract” means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 4.9 below;
g) “Customer” means individual who places an Order on the Site;
h)”Liability” has the meaning given to it in clause 9 of these Terms and Conditions;
i)”Order” means the order submitted by you to the Site to purchase a Product from us;
j)”you” means the Customer who places an Order;
k) references to “clauses” are to clauses of these Terms and Conditions;
l) headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
m) words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
n) references to “includes” or “including” or like words or expressions shall mean without limitation.
2. Your Status
To place an order with Sabrina Love Foundation you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.
3.1 These Terms and Conditions shall apply to all Orders and Contracts made or to be made by us for the sale and supply of Products. When you submit an Order to us, give any delivery instruction or accept delivery of the Products, this shall in any event constitute your unqualified acceptance of these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).
3.2 These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
3.3 No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by us.
4. How a Contract is formed
4.1 When making an Order, you must register for an Account on the Site as detailed in clause 10, and you must follow the instructions on the Site as to how to make your Order and for making changes to your prospective Order before you submit it to the Site.
4.2 Irrespective of any price you have seen or heard, once you select a Product that you wish to Order and have proceeded to the Checkout, the amount to be paid will then be shown (on the Site) together with the charges you must pay including VAT and cash handling fee, if applicable. Unless otherwise stipulated on the Site, all charges are in the currency then in force in South Africa. Subject to clause 4.11 below, this is the total that you will pay for receipt of the ordered Product.
4.3 You shall pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us, which we require in order to process your Order.
4.4 If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us.
4.5 You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
4.6 When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.
4.7 Your Order remains valid as an offer until we issue our Confirmation of Order or, if earlier, when we receive your notice revoking your Order.
4.8 We shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first).
4.9 A Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a “Confirmation of Order” stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been despatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product.
4.10 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact firstname.lastname@example.org immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
4.11 We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
4.12 A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.
4.13 You must only submit to us or our agent or the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes.
5.1 We aim to deliver the Product to your postal address at requested by you in your Order.
5.2 We aim to deliver within the time indicated by us at the time of your Order (and updated in the Confirmation of Order) but we cannot promise an exact date when you submit your Order or at the Confirmation of Order. Delivery is dependant on the services of the South African Post Office services.
5.3 We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
5.4 On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it.
5.5 Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
5.6 We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.
5.7 All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
5.8 You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.
5.9 You shall ensure that you are ready for safe receipt of the Product without undue delay and at any time reasonably specified by us.
5.10 If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the South Afican Post Office.
5.11 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or
b) no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the applicable Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause 5.11(a) above).
5.12 It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
6.1 We reserve the right, for purpose of suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and Sabrina Love Foundation, in whole or in part, if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made, and accept no liability which may arise as a result of such refusal to process any order/sale.
6.2 We will usually refund any money received from you using the same method originally used by you to pay for the Product.
7. Faulty Products
8.1 We warrant that:
a) the Product will be delivered undamaged in the quantities ordered; and
b) the Product will conform with the manufacturer’s latest published instructions as set out on the Site or in our Product material at the time of your Order.
8.2 The Product is intended to be used strictly in accordance with the manufacturer’s latest published instructions as set out on the Site or as on the Product itself. It is your responsibility to ensure that you use the Product strictly in accordance with those instructions.
8.3 Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.
8.4 We will endevour to deliver Products in excellent condition. However, we cannot take responsibility for product that has been damaged by the delivery services. In the event of product being defective due to delivery, we will place acclaim through our insurance and if successful replace the product.
8.5 In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:
a) you specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and
b) you providing us with the delivery note number and such other information as we reasonably require.
8.6 If you would like us to repair, replace or provide a refund for the Product where it did conform to the applicable Contract, and we find that the Product has:
a) been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
b) been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
c) been dealt with or used contrary to our or the manufacturer’s instructions for the Product; or
d) deteriorated through normal wear and tear,
after delivery by us, we may at our discretion decide not to repair, replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
8. Limitation of Liability
9.1 This clause 9 prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:
a) the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or
b) otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other that which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.
The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site.
We are not responsible or liable, directly or indirectly, for any loss or damages suffered due to unavailability of item/s purchased but not yet paid for.
Order processing will not begin until we receive a confirmed order and full payment.
Payment Options and Pricing
All transactions will be processed in South African Rands (ZAR).
Only Credit card payment will be accepted.
Will apply once online credit card processing is enabled
Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site’s registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
The Merchant does not have access to credit details.
Virtual Card Services continually reviews and enhances its security in line with technological changes.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Updating of these Terms and Conditions
We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
I understand that all the designs and trademarks are registered to Sabrina Love Foundation and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by Sabrina Love Foundation for any civil action or any legal action deemed necessary against me.
PO Box 1741, Plettenberg Bay 6600
+27 44 533 3130