TERMS AND CONDITIONS

All contracts of sale made by Megan Goldner Designs shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party (“the Customer”) with whom Megan Goldner Designs is dealing. Cancellation of orders by consumers is not accepted as many orders are dispatched on the same day the order is placed.

• All orders are subject to acceptance and to availability of the goods ordered. Megan Goldner Designs is entitled to refuse any order placed.
• You undertake that:

·         All details you provide to us for the purpose of purchasing goods or services offered on our web site are correct and

·         The credit or debit card you use to make a purchase from us is your own or your company’s card, that you are authorized to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.

I must receive your milk  / ash / keepsake inclusion within 3 (THREE) months of your purchase, or your order will not be processed and your payment will be retained. 

All prices are exclusive of VAT at the current rates and are correct at the time of entering information.

Megan Goldner Designs reserves the right to change prices without prior notice.  Quotes are valid for 14 days, from date of quotation.

• Any time or date stated for delivery is an estimate only. Megan Goldner Designs makes every effort to dispatch goods on time, but does not accept liability for failure to deliver within the stated time.
• If Megan Goldner Designs is unable to deliver the goods within 120 days of the date of order, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to Megan Goldner Designs in respect of that order to be refunded.
• Megan Goldner Designs does not accept liability for shortages or damage to deliveries unless the Customer notifies Megan Goldner Designs of the shortage or damage in writing within 4 days of receipt of the delivery.
• The customer has to accept the goods when they are ready for delivery.
• Delivery is deemed to take place when the goods are delivered to the Customer’s nominated address, whereupon the risk of loss, breakage and all damage and all other risks shall pass to the Customer.
• Title in the goods does not pass to the Customer until payment is received in full by Megan Goldner Designs
• Goods purchased and in transit is not insured by Megan Goldner Designs.  The onus falls on the customer to insure their own items in transit or request an insurance quote for goods in transit before payment is made.

CARD PAYMENTS

• Payment can be made by any major credit or debit card. Payment will be debited and cleared from your account before the dispatch of your Good or provision of service to you.
• You confirm that the credit/debit card that is being used is yours.
• All credit/debit card holders are subject to validation checks and authorization by the card issuer and we may share your personal information with such parties as are necessary to enable us to do such checks. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.

• Megan Goldner Designs makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications.

• Please see our Warranty and Returns policy here

• Megan Goldner Designs shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, (including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships, loss of data and other financial loss. (“Financial loss” in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Megan Goldner Designs liability in respect of all other losses shall be limited to the invoiced amount of the relevant order, provided it has been paid.
• Nothing in this agreement shall limit Megan Goldner Designs liability for death or personal injury caused by its negligence.

In accordance with the Health and Safety at Work, etc. Act and the Consumer Protection Act, Megan Goldner Designs confirms that the goods it supplies do not present a hazard to health and safety.

• when properly used for the purpose for which they are designed; and
• if the Customer takes reasonable and normal precautions in their use.

• Where, in spite of its reasonable efforts, Megan Goldner Designs is unable to perform an obligation due to force majeure, it shall not be deemed to be in breach of its contract with the Customer.

• Megan Goldner Designs makes every effort to ensure that all prices and descriptions quoted on its website are correct and accurate. However, errors and omissions are excluded and Megan Goldner Designs reserve the right to cancel any purchase or transaction prior to payment being made, or refund such payment in full.

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Megan Goldner Designs or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Megan Goldner Designs does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Megan Goldner Designs is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site.

However, Megan Goldner Designs reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Megan Goldner Designs in its sole discretion.

You agree to indemnify, defend, and hold harmless Megan Goldner Designs, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

The Megan Goldner Designs site and all content are provided on an “as is” basis. The contents of the site, such as text, graphics, images, information obtained from Megan Goldner Designs’s licensors, and other material contained on the Megan Goldner Designs site (“Content”) are for informational purposes only and do not constitute advice. The user is encouraged to consult with a professional advisor before acting on any information or content appearing on or transmitted through Megan Goldner Designs’s web site. Nothing on the site shall be construed as an offer by Megan Goldner Designs to the user, but merely an invitation to do business.

You agree that you will not upload or transmit any communications or content of any type to any public areas that infringe or violate any rights of any party. By submitting communications or content to Megan Goldner Designs, you agree that such submission is non-confidential for all purposes.

If you make any submission to a public area or if you submit any business information, idea, concept or invention to Megan Goldner Designs by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted Megan Goldner Designs a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the site or to Megan Goldner Designs by email. We try to answer every email in a timely manner, but are not always able to do so.

You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

By uploading or submitting any media on the Megan Goldner Designs site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions or the Privacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this web site.

By uploading any media like a photo or video, (a) you grant Megan Goldner Designs a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Megan Goldner Designs to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Megan Goldner Designs and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms described in this document.

Megan Goldner Designs reserves the right to remove any media for any reason, at any time, without prior notice, at our sole discretion.

Unless otherwise stated on a competition page, all competitions rules and conditions below apply:

1. All entries are permitted via Megan Goldner Designs websites or channels only.
2. South African residents, over the age of 18 are eligible to enter.
3. Each competition states the closing date, prize value and number of winners. Users should check their account for winning notices and have up to 30 days to claim their prize or it may be forfeited.
4. Entries are made by registering with accurate personal details and completing the required forms and questions as required.
5. One entry per competition allowed per person. Multiple entries by a single person will result in disqualification, unless otherwise stated.
6. All entry details, images submitted etc. become Megan Goldner Designs’s property and may be used by Megan Goldner Designs as marketing material.
7. Winners are determined automatically and randomly.
8. Please ensure that all personal information is completed accurately. We may disqualify an entry should any of the information prove incorrect. Furthermore, entrants give Megan Goldner Designs permission to communicate with them via any channels.
9. Megan Goldner Designs reserves the right to edit any material and information submitted, in addition to extending a competition’s closing date.
10. Prizes are not transferable and may not be exchanged for cash or any other prize.
11. Megan Goldner Designs’s decision is final and no correspondence will be entered into.
12. No employees and immediate family of Megan Goldner Designs or the competition’s prize sponsors may enter.
13. By entering Megan Goldner Designs’s competitions, each entrant agrees to abide by all the rules. Megan Goldner Designs reserves the right to disqualify an entry without notice.
14. Megan Goldner Designs shall not be held responsible for the usability and warranty/guarantee of prizes issued or loss of physical or digital vouchers which have subsequently been used by an unauthorized party. Winners are required to contact the prize sponsors for assistance with this regard.
15. Participants enter or take part in competitions and give-aways at their own risk and Megan Goldner Designs bears no responsibility for any loss, damage or harm suffered as a result of participation.
16. Megan Goldner Designs’s competition rules, terms & conditions and formats may change without notice.

• Nothing in these terms and conditions affects your statutory rights as a consumer.
• If any provision in this agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforce ability of the remaining provisions.
• Any waiver of a breach of this Agreement must be in writing.
• Any variation of this Agreement must be in writing and signed by a duly authorized megan goldner designs official.
• The headings are for convenience only and shall not affect the interpretation of this Agreement.
• Any notices given under this Agreement shall be in writing and sent by email to the last email address of the party.
• The notice shall be deemed served after system confirmation of e-mail delivery.
• These terms and conditions shall be governed by and construed in accordance with the laws of South Africa and the parties submit to the exclusive jurisdiction of the South African courts.
• Megan Goldner Designs may at its discretion record telephone transactions for staff training and quality control purposes.
• Megan Goldner Designs reserves the right to change or amend these terms and conditions at any time and without prior notice
• By registering on our website you will automatically be added to our mailing list and give consent to receive an invitation to review your order.  Please note that you will be able to opt out.