Terms of Service
1. Overview
These Terms of Service ("Terms") govern your access to and use of the Birdie Box website at birdiebox.co.za (the "Site") and any purchase you make through it. Birdie Box is a trading name of Johannes Hendrik Visser, a sole proprietor operating in South Africa, with a trading address at 13 Dennesig Street, Stellenbosch, 7600, Western Cape, South Africa ("Birdie Box", "we", "us", "our").
By browsing, registering an account, or placing an order on the Site, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, please do not use the Site.
These Terms are governed by the laws of the Republic of South Africa, including the Consumer Protection Act 68 of 2008 ("CPA") and the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), to the extent they apply to your purchase.
2. Eligibility
You must be at least 18 years old, or have the consent of a parent or legal guardian, to place an order on the Site. By placing an order, you confirm that the information you provide is true, current, and complete.
3. Products and Pricing
We make reasonable efforts to accurately describe and display our products, including images, specifications, and pricing. Colours may appear slightly different depending on your screen. All prices are listed in South African Rand (ZAR) and are inclusive of VAT where applicable, unless stated otherwise. Shipping costs are calculated separately at checkout. We reserve the right to correct pricing or description errors, and to cancel any order affected by such an error, before the order is dispatched. If payment has already been taken for a cancelled order, we will refund you in full. We may discontinue or limit the availability of any product at our discretion.
4. Orders and Acceptance
Placing an order through the Site is an offer to purchase, which we may accept or decline. An order is only confirmed once you receive an order confirmation email from us. We may decline or cancel an order where:
the product is unavailable or listed in error; we suspect fraud or a breach of these Terms; or there is a pricing or description error. If we cancel a confirmed order, we will notify you and refund any payment already made.
5. Payment
Payment must be made in full at the time of ordering, via the payment methods offered at checkout. All payments are processed securely through our third-party payment provider(s). We do not store your full card details on our servers.
6. Your Right to Cancel (Cooling-Off Period)
In accordance with Section 44 of the ECTA, if you purchased goods electronically, you have the right to cancel your order within 7 (seven) days of receiving the goods, without penalty and without providing any reason, subject to the exceptions listed below. To cancel under this right, contact us at the details in Section 12 before returning the item.
This cooling-off right does not apply to:
goods made to your specification or clearly personalised; goods which, by their nature, cannot be returned (e.g. opened personal care/hygiene items); or goods that have been used beyond what is reasonably necessary to inspect them. This statutory cooling-off right is separate from, and in addition to, our standard Refund Policy below, which offers a longer 30-day return window.
7. Returns, Refunds and Exchanges
Our full Refund Policy is available at birdiebox.co.za/policies/refund-policy and forms part of these Terms. In summary:
You may request a return within 30 days of receiving your order. Items must be unused, unworn, in original packaging, with proof of purchase. Certain items (custom/personalised goods, opened personal care items, sale items, gift cards) are not eligible for return, except where defective.
8. Faulty, Defective, or Unsafe Goods
In accordance with Section 56 of the CPA, if goods you purchase are defective, unsafe, or do not meet the quality customers are entitled to expect, you may return them within 6 (six) months of delivery for, at your choice and where reasonable, a repair, replacement, or refund, at no cost to you. This right applies in addition to, and is not limited by, our standard Refund Policy.
To claim under this section, contact us at the details in Section 12 with your order number and a description of the fault.
9. Shipping and Delivery
We currently ship within South Africa only. Delivery timeframes, costs, and related terms are set out in our Shipping Policy at birdiebox.co.za/policies/shipping-policy, which forms part of these Terms. While we aim to meet estimated delivery times, these are not guaranteed, and we are not liable for delays caused by our courier partners or events outside our reasonable control.
10. Intellectual Property
All content on the Site — including our name, logo, product photography, descriptions, and design — is owned by or licensed to Birdie Box and is protected under South African copyright and trademark law. You may not copy, reproduce, or use this content for commercial purposes without our prior written consent.
11. Limitation of Liability
To the maximum extent permitted by South African law, Birdie Box will not be liable for any indirect, incidental, or consequential loss arising from your use of the Site or our products. Nothing in these Terms limits any liability that cannot lawfully be excluded under the CPA, including liability for harm caused by unsafe or defective goods.
12. Contact Us
For any questions about these Terms, returns, or your order, please contact us at:
Birdie Box
Email:support@birdiebox.co.za
Address: 13 Dennesig Street, Stellenbosch, 7600, Western Cape, South Africa
13. Governing Law and Jurisdiction
These Terms are governed by the laws of the Republic of South Africa. Any dispute arising from these Terms or your use of the Site will be subject to the non-exclusive jurisdiction of the South African courts.
14. Changes to These Terms
We may update these Terms from time to time. The updated version will be posted on this page with a revised "Last updated" date. Continued use of the Site after changes take effect constitutes acceptance of the updated Terms.